Justice A. Wheeler

The accused pleaded guilty to breaching the "no drugs" condition of his long-term supervision order by testing positive for cocaine.

The court imposed a sentence of 11 months imprisonment, with pre-trial custody credited at 1.5 to 1, leaving 96 days to be served.

The decision provides a comprehensive analysis of sentencing principles for LTSO breaches, emphasizing the balance between denunciation and rehabilitation, and considering the offender's Aboriginal heritage and engagement with cultural practices.

The defendant was charged with sexual assault alleged to have occurred in February 2018.

After evidence was heard over five days in February 2020, the defendant requested that closing submissions be heard by audioconference rather than in person, citing the COVID-19 pandemic and the geographic dispersal of parties and counsel.

The Crown opposed but remained circumspect.

The court considered jurisdiction, the open court principle, and practical considerations under Part XXII.01 of the Criminal Code, ultimately granting the request to proceed by audioconference supplemented by written submissions, subject to specific guidelines regarding observers, conduct, and notification procedures.