lockdowns

The accused pleaded guilty to trafficking restricted and prohibited firearms, possessing proceeds of crime over $5,000, and trafficking fentanyl.

The sentencing judge imposed a global sentence of 11 years, reduced by 2.5 years for prolonged and unacceptable pre-trial custody conditions including extensive lockdowns and triple bunking, and further reduced by Summers credit of 3.6 years for 874 non-lockdown days of pre-trial custody.

Mitigating factors included no prior criminal record, relative youth, genuine remorse, strong rehabilitative potential, and systemic disadvantage as a Black man raised in poverty with significant personal losses.

Aggravating factors included the deadly combination of fentanyl and firearms trafficking repeated over several months for profit, and the theft of police buy money.

The court also considered the collateral consequence of likely deportation and its impact on rehabilitation and family separation.

The remaining sentence to be served is 1,791 days (approximately 4.9 years).

The accused pleaded guilty to manslaughter arising from a spontaneous altercation outside a Toronto pub in which an unarmed victim died from a single stab wound to the neck.

The parties jointly proposed a five-year penitentiary sentence but disputed whether additional credit should be granted for harsh pre-sentence custody conditions, including lockdowns, triple-bunking, and inadequate medical treatment.

The court accepted that the detention conditions were deplorable and that the accused was denied adequate care for a wrist injury, but held that a further sentence reduction beyond standard Summers credit would render the sentence unfit and underweight denunciation and deterrence.

A five-year sentence was imposed with 566 days of pre-sentence credit, along with DNA and weapons prohibition orders.

Sentencing of a 52-year-old repeat offender who pleaded guilty to assault causing bodily harm against his intimate partner while on probation prohibiting contact with her, and to uttering death threats against a fellow inmate while in pre-trial custody.

The prolonged and degrading attack involved dragging the victim by her hair and stomping on her head, causing injuries requiring stitches and leaving permanent scarring.

The court weighed extensive aggravating factors including intimate partner violence, breach of multiple probation orders, a 125-conviction criminal record spanning 36 years, and the severity of the assault against mitigating factors of guilty pleas, rehabilitative programming in custody, and harsh conditions of incarceration at the Toronto South Detention Centre including frequent lockdowns and triple-bunking.

The accused was convicted after trial of aggravated assault and failing to comply with probation.

He stabbed the victim four times in the back on February 9, 2024, at a makeshift shelter near Jane and Finch in Toronto.

The court found a causal link between the accused's schizophrenia and the offence, despite the Crown's submission that the accused's calm demeanor on video surveillance negated any such connection.

The court imposed a three-year sentence, accounting for the accused's mental illness, strong family support, good character when stable, difficult pre-sentence custody conditions, and rehabilitation prospects, while also recognizing the serious and unprovoked nature of the attack and the need for denunciation and deterrence.

The offender pleaded guilty to possession of cocaine for the purpose of trafficking and breach of an undertaking.

She was on bail pending appeal for a prior trafficking conviction at the time of the offence.

The court weighed her guilty plea, remorse, and the harsh pre-sentence custody conditions (including triple bunking and lockdowns) against the large quantity of cocaine and her related criminal record.

The court imposed a total sentence of 6 years and 3 months, less credit for pre-sentence custody.

The two accused pleaded guilty to multiple offences involving trafficking in firearms, cocaine, and fentanyl.

The Crown and defence agreed on the base sentences but disagreed on the extent of credit for harsh pre-trial custody conditions at the Toronto South Detention Centre.

The court determined the fit sentences to be 6 years for the first accused and 7 years for the second accused, then quantified the 'Duncan' credit as a 1-year reduction for each accused due to the deplorable conditions, including frequent lockdowns and overcrowding.

After applying the 1.5:1 'Summers' credit, the remaining sentences were calculated.

The offender pleaded guilty to manslaughter for his role in a fatal shooting outside a bar.

After a dispute, the offender handed a mask to an unidentified shooter who then shot the victim.

The Crown sought an 8-year sentence, while the defence sought 7 years and 3 months, arguing for mitigation due to harsh pre-sentence custody conditions, including extensive lockdowns and lack of medical care.

The court found the appropriate sentence was 8 years, but reduced it by 6 months to 7.5 years to reflect the exceptionally harsh conditions of pre-sentence custody.

The offender was found guilty by a jury of possessing a loaded prohibited firearm and pleaded guilty to possessing a firearm while subject to a prohibition order.

The court considered the offender's background, including systemic anti-Black racism, and the harsh conditions of his pre-sentence custody involving frequent lockdowns.

Emphasizing denunciation and deterrence, the court imposed a total sentence of 39 months' imprisonment, which was reduced to 12 months of new custody after applying enhanced credit for pre-sentence custody, followed by 12 months of probation.

The offender, a youthful first offender, pleaded guilty to multiple counts of robbery, using an imitation firearm, and failing to comply with bail conditions arising from a series of planned carjackings of luxury vehicles.

The court weighed the significant aggravating factors, including the use of gratuitous violence, planning, and committing offences while on bail, against mitigating factors such as the offender's youth, guilty pleas, difficult upbringing, and harsh pre-sentence custody conditions.

The court imposed a global sentence of 7.5 years in custody, reduced to 4 years after applying credit for pre-sentence custody.

Michael Rodgers, a 24-year-old repeat offender with a severe drug addiction, pleaded guilty to six Criminal Code offences, including two counts of failing to stop for police, two counts of operating a motor vehicle while disqualified, and breaches of probation and release orders.

The offences involved two separate police chases where he drove dangerously while prohibited.

The court considered aggravating factors such as his criminal record, disregard for court orders, and public safety risk, balanced against mitigating factors like his guilty plea, remorse, and efforts towards rehabilitation while in custody.

The primary issues were determining a fit global sentence and the appropriate credit for pre-sentence custody, including enhanced credit for harsh conditions due to prison lockdowns and COVID-19 quarantining.

The court imposed a global sentence of 18 months imprisonment, less 286 days of pre-sentence custody credit, followed by a one-year probation order and a 3-year driving prohibition.

The accused pleaded guilty to possession of crystal methamphetamine for trafficking, dangerous operation of a motor vehicle, failing to stop for police, possession of property obtained by crime, possession of break-in instruments, and breaches of probation.

The offences arose from a high-speed police chase through downtown Toronto during rush hour in a stolen vehicle, during which the accused damaged multiple vehicles, struck a pedestrian, and was found with approximately 2 ounces of crystal methamphetamine and stolen property.

The Crown sought a global penitentiary sentence of 4 years; the accused sought time served (approximately 2 years).

The court imposed a global sentence of 2 years and 9 months, with credit for pre-sentence custody including Summers credit, administrative error credit, Duncan credit for harsh detention conditions, and a one-month reduction for COVID-19 pandemic impacts, resulting in 7 months remaining to serve.

The court also imposed a 4-year driving prohibition, DNA order, weapons prohibition, and 24-month probation.

Jeffrey Persad pleaded guilty to firearms and drug trafficking offences.

The parties jointly submitted a nine-year imprisonment sentence, with standard credit for presentence custody.

The dispute centered on enhanced credit for harsh conditions at the Toronto South Detention Centre (TSDC), where the offender experienced frequent lockdowns due to staff shortages.

The Crown proposed an additional 0.5:1 credit for lockdown days, while the offender sought 2.5:1.

The court, acknowledging the inhumane and persistent conditions at the TSDC as deliberate state misconduct, awarded an enhanced credit of 1.5:1 for each of the 475 lockdown days, in addition to the standard 1.5:1 credit for 1010 days in custody.

The final sentence was nine years, effectively reduced to 33 months after all credits.

The defendant, Richard Jonathan Turner, was convicted of unlawful confinement, assault with a threat to use a weapon, uttering a death threat, assault, and breach of probation, arising from a violent domestic altercation.

He was acquitted of attempted murder.

The Crown sought a five-year sentence, while the defence proposed 2.5 years.

The court considered aggravating factors including a long history of domestic violence, breach of court orders, and the unprovoked nature of the assault in the victim's home.

Mitigating factors were few, primarily that only the attempted murder charge was contested.

The court emphasized denunciation and deterrence over rehabilitation due to the defendant's lack of engagement in counselling.

A global sentence of 46 months was imposed, with 26 months credit for pre-trial custody, leaving 20 months to serve.

Ancillary orders included a no-communication order, DNA order, and a lifetime s. 109 order.

The defendant, Tal Singh Fermah, was convicted of possession of a restricted firearm with ammunition, possession of 111 grams of heroin for trafficking, and simple possession of 1.4 grams of heroin.

The court imposed a global sentence of 7 years, but credited the defendant with 7 years for time served due to the "excruciatingly difficult" and "unacceptable" conditions of his pre-trial custody at the Toronto South Detention Centre.

These conditions included frequent lockdowns, failure to administer prescribed medications on time, neglect of serious medical issues, and repeated unsafe bunk assignments despite a seizure disorder.

The court found the institution's conduct "shocking and appalling" and "unconscionable."

The appellants appealed a Superior Court decision finding that frequent lockdowns at Maplehurst Correctional Complex violated the Charter rights of two remanded inmates under section 12 (cruel and unusual treatment).

The Court of Appeal allowed the appeal, finding that the application judge had significantly overstated the frequency, duration, and impact of lockdowns affecting the respondents.

The court concluded that while lockdowns occurred more frequently than ideal, they did not rise to the level of cruel and unusual treatment.

The court also found procedural unfairness in the award of damages without notice to the parties and rejected alternative arguments based on sections 7 and 10(c) of the Charter.

The offender pleaded guilty to unlawful possession of a restricted firearm, knowingly unauthorized possession of a firearm, and possession of a firearm while subject to a prohibition order.

The offender was shot at in a restaurant while dining with his wife and carried a loaded handgun for protection.

He was arrested and held in pre-sentence custody for approximately 21 months at Toronto South Detention Centre, during which he experienced extensive lockdowns (approximately 410 days out of 620 days).

The court imposed a sentence of two years in federal penitentiary followed by three years of probation, considering both the gravity of the offences and the harsh conditions of pre-sentence custody, particularly the systemic lockdowns caused by chronic understaffing.

Kenneth Johnson was convicted of manslaughter after being acquitted of second-degree murder.

The sentencing decision addresses the circumstances of the assault on his roommate, Richard Skupien, which resulted in Skupien's death from a ruptured spleen and rib fractures.

The court considered aggravating factors, including the violent nature of the attack on a vulnerable individual in his home, and the offender's lengthy criminal record.

Mitigating factors included the offender's remorse, strong family support, and particularly harsh pre-trial custody conditions due to frequent lockdowns at the Central East Correctional Centre.

The court imposed an eight-year sentence, reduced to two years and four months after applying credit for pre-trial custody and the onerous conditions.

Andre Callaghan was found guilty of 15 counts, including discharging a prohibited firearm, possession of a loaded prohibited firearm, possession of a high-capacity magazine, possession of a firearm with a removed serial number, careless storage, possession of firearms/devices while prohibited, dangerous driving, and failing to stop for police.

Counts 2, 5, and 7 were stayed.

The court considered aggravating factors such as his extensive criminal record (including prior gun and drug offenses, and breaches of prohibition orders), lack of remorse, and high-risk lifestyle.

Mitigating factors included family support, educational achievements in custody, and employment history.

The court declined enhanced credit for pre-trial custody conditions due to insufficient evidence of impact.

A global sentence of ten years was imposed, reduced to six years after credit for pre-trial custody, along with ancillary orders including a lifetime firearms prohibition and a two-year driving prohibition.

The offender, Narankar Dhillon, was convicted of trafficking 101 grams of heroin.

At the sentencing hearing, the court considered the severe impact of heroin trafficking, the offender's lack of a prior criminal record, his age (53), and 1200 days of pre-trial custody, including 309 days in lockdown.

The Crown sought an eight-year global sentence, while the defence proposed six years.

The court determined a global range of six to nine years for less than half a kilogram of heroin.

After applying a 1.5:1 credit for pre-trial custody (1800 days) and an enhanced credit of 90 days for lockdown conditions, the offender was sentenced to a global term of seven years imprisonment, resulting in a further one year and ten months in custody.

Ancillary orders for a DNA sample, forfeiture, and a ten-year weapons prohibition were also issued.

The applicant, incarcerated and self-represented, brought a summary application seeking constitutional declarations and $2 million in damages against the Crown, alleging violations related to frequent lockdowns, inadequate medical and legal assistance, and denial of religious freedoms at Toronto South Detention Centre.

The Crown moved to convert the application to an action, arguing that the complexity, anticipated credibility issues, and volume of evidence necessitated a full trial process with documentary and oral discoveries.

The court granted the Crown's motion, converting the application to an action, finding that a structured action process would be fairer, more affordable, and ultimately more efficient given the substantial damages claimed and the applicant's detailed rebuttal to the Crown's anticipated evidence.

The Ministry of Community Safety and Correctional Services and Toronto South Detention Centre were removed as respondents.