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 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, 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.

The offender pleaded guilty to robbery using a restricted firearm, reckless discharge of a firearm, and related weapons offences.

The offences involved targeted violence against a civil litigation lawyer and her associate to intimidate them from pursuing civil claims against a tow truck operator.

The offender robbed the associate at gunpoint and later fired seven shots into the law office during business hours.

The court emphasized denunciation and deterrence, sentencing the offender to a total of 12 years in custody, less credit for pre-trial custody.

The offender, a youthful first offender, was convicted of manslaughter following a trial for the stabbing death of a 15-year-old victim during an altercation in a park.

The Crown sought 11 years' imprisonment, while amicus curiae sought time served (69 months).

The court weighed aggravating factors, including the use of a concealed knife and the vulnerability of the victim, against mitigating factors such as the offender's youth, lack of prior record, and harsh pre-sentence custody conditions exacerbated by the COVID-19 pandemic.

The court imposed a sentence of 9 years' imprisonment, less 69 months of enhanced credit for pre-sentence custody, leaving 39 months to serve.

The accused pleaded guilty to aggravated assault, discharging a firearm with intent, possession of fentanyl for the purpose of trafficking, and multiple firearms offences.

The offences involved shooting a man in the leg over a drug debt in a residential complex, and later being found in a vehicle with a loaded handgun and significant quantities of fentanyl and other drugs.

The court weighed the serious aggravating factors, including the accused's lengthy criminal record for firearms offences, against mitigating factors such as his guilty pleas, difficult background, and exceptionally harsh pre-sentence custody conditions due to lockdowns.

A global sentence of 7.5 years was imposed, less credit for pre-sentence custody.

The offender pleaded guilty to possession of a loaded prohibited firearm, breach of a weapons prohibition, and possession of cocaine for the purpose of trafficking.

The Crown and defence agreed that the appropriate sentence before pre-sentence custody credit was seven years.

The court considered the exceptionally harsh conditions of the offender's pre-sentence custody, including frequent lockdowns and COVID-19 restrictions at the Toronto South Detention Centre.

Applying the principles from Duncan and Marshall, the court reduced the otherwise appropriate sentence by two years to account for these harsh conditions, resulting in a five-year sentence.

After applying enhanced credit for time served, the offender was sentenced to 98 days going forward.

The accused was found guilty of unauthorized possession of a loaded restricted firearm, possession of a restricted firearm without a license, and possession of a firearm while prohibited.

The accused, a repeat offender with a prior firearms conviction, was carrying a loaded handgun in a backpack.

The court weighed the aggravating factors of carrying a loaded firearm in public and the accused's prior record against mitigating factors, including harsh pre-sentence custody conditions exacerbated by the COVID-19 pandemic.

A global sentence of six years was imposed, reduced by credit for pre-sentence custody.

The offender pleaded guilty to robbery while armed with a knife, assault with a weapon, and failing to comply with a recognizance following a violent home invasion.

The court considered the offender's youthful age, mental health issues, and background of systemic racism and abuse as mitigating factors, balanced against the severe aggravating factors of the planned, violent group attack on a vulnerable family.

The court imposed a global sentence of 8 years imprisonment, granting 1.5:1 credit for pre-sentence custody and an additional 7 months credit for harsh lockdown conditions during the COVID-19 pandemic, resulting in 5 years left to serve.

The accused pleaded guilty to trafficking cocaine, possessing a loaded prohibited firearm, and possessing a firearm contrary to a prohibition order.

The court considered the aggravating factors, including the accused's prior firearms conviction and the combination of drugs and guns, alongside mitigating factors such as his difficult upbringing and guilty pleas.

The court granted enhanced pre-sentence custody credit for pandemic conditions but denied credit for partial lockdowns.

The accused was sentenced to a total of 6 years' incarceration, reduced by pre-sentence custody credit to a net sentence of 3 years, 10 months, and 23 days.

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.

The offender was convicted of possession of a prohibited firearm and possession of a firearm while prohibited.

The firearm, a loaded .45 calibre handgun, was found hidden under a bedsheet on a couch in the offender's apartment.

The offender claimed he was holding it for a friend.

The court sentenced the offender to 36 months for the firearm offence and 8 months consecutive for the breach of the prohibition order, for a total of 44 months.

After applying a 1.5:1 credit for pre-sentence custody and an additional 90 days for harsh conditions due to institutional lockdowns, the sentence was reduced to time served plus one day.

The offender, a 19-year-old first-time offender, pled guilty to aggravated assault, assault with a weapon, and breaching bail after a violent, unprovoked attack on his intimate partner.

The court sentenced him to 12 months in custody for the aggravated assault, focusing on denunciation and deterrence while acknowledging his rehabilitative prospects.

The court granted 1.5 days credit for pre-sentence custody, plus enhanced credit for strict house arrest bail and harsh pre-sentence detention conditions, including frequent lockdowns and isolation from family.

After applying 375 days of total credit, the offender was sentenced to 1 day in jail followed by 24 months of probation.

The offender was convicted of multiple firearms offences, including possession of a loaded restricted firearm with a defaced serial number hidden in his vehicle, and breaching a weapons prohibition order.

The Crown sought a global sentence of 6.5 years, arguing the offence was at the 'true crime' end of the spectrum.

The court disagreed, finding no evidence the firearm was possessed for drug trafficking, and imposed a global sentence of 4.5 years.

The court granted enhanced pre-sentence credit for harsh lockdown conditions at the Toronto South Detention Centre, resulting in a sentence of time served.

The offender's vehicle was ordered forfeited as offence-related property.

The offender, a youthful first-time offender, was convicted by a jury of possession of cocaine and heroin for the purpose of trafficking, and possession of proceeds of crime under $5,000.

The Crown sought a three-year sentence for the heroin charge, while the defence sought two years.

The court sentenced the offender to 28 months for the heroin charge, with concurrent sentences for the other offences.

The court granted standard 1.5:1 credit for pre-sentence custody, plus an additional four months for harsh lockdown conditions and three months for strict house arrest bail conditions, leaving 15 days left to serve.

A two-year probation order and forfeiture of $4,999 were also ordered.

The accused, a repeat offender with a history of firearm offences, was convicted of discharging a restricted firearm and possessing a loaded prohibited firearm.

After being rebuffed by a woman outside an after-hours party, he discharged a handgun twice into the air.

At the time, he was subject to a lifetime weapons prohibition order.

The Crown sought 12 to 14 years, while the defence sought 6.5 to 8 years.

The court emphasized denunciation and deterrence, imposing a global sentence of 10 years (7 years and 3 months net of pre-trial custody).

The court declined to grant enhanced pre-sentence credit for lockdowns, finding the conditions were not particularly harsh.

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.

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 pleaded guilty to robbery with a restricted firearm, assault causing bodily harm, and related offences after attacking a victim in his driveway and stealing his vehicle.

The Crown sought a 6-year sentence, while the offender sought 2-3 years with enhanced pre-sentence credit for harsh jail conditions.

The court imposed a global sentence of 6 years, emphasizing denunciation and deterrence for a violent home invasion.

The court declined to grant enhanced pre-sentence credit beyond the 1.5:1 ratio, noting the offender's multiple institutional misconducts involving violence against other inmates.

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.