Kristy L. Neurauter

On an appeal from a conviction quashed for miscarriage of justice arising from Crown non-disclosure, the Court addressed the proper remedy under s. 686(2) of the Criminal Code.

The Court held that where the Crown seeks an acquittal and undertakes to call no evidence at a new trial, an appellate court may enter an acquittal directly rather than require pro forma retrial steps or impose a judicial stay.

The Court emphasized that acquittal remains distinct from a stay and that a stay is a residual remedy considered only after primary remedies are assessed.

Applying those principles, the Court set aside the stay of proceedings and entered an acquittal.

The court addressed sentencing for breaches of long-term supervision orders by Indigenous long-term offenders and reaffirmed the mandatory application of Gladue principles in every such case.

It held that sentencing judges must consider systemic and background factors and craft proportionate, individualized sanctions even for serious breaches tied to risk management.

In the first appeal, errors in principle required intervention and the custodial term was reduced to one year.

In the second appeal, the one-year sentence imposed by the appellate court was upheld.