L. McCallum

The applicant, an inmate convicted of attempted murder, sought a reduction of his 16-year sentence under section 24(1) of the Charter, alleging excessive use of force and unlawful strip search by correctional officers during pre-sentence custody.

The incident occurred during a Code Blue when the applicant was non-compliant with orders to return to his cell.

The court found the applicant's evidence lacked credibility and concluded that the officers used reasonable and justified force to subdue him.

The court also held that the subsequent strip search and placement in a segregation cell followed facility protocols and did not violate sections 7, 8, or 9 of the Charter.

The application for a sentence reduction was dismissed.

The accused pleaded guilty to aggravated assault after stabbing the victim multiple times with a kitchen knife.

At the time of the offence, the accused was on parole serving a life sentence for second-degree murder.

The court considered the accused's schizophrenia as a mitigating factor, but emphasized the need for protection of the public and general deterrence given the brutal and unprovoked nature of the attack on a vulnerable victim.

The accused was sentenced to 8 years imprisonment, to be served concurrently with his existing life sentence.