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Delayed parole under s. 743.6 requires demonstrated need based on deterrence and denunciation, not exceptional circumstances.
The appellant pleaded guilty to manslaughter and was sentenced to 12 years' imprisonment, with an order delaying his parole eligibility for six years under s. 743.6 of the Criminal Code.
On appeal, he argued the delayed parole order required evidence of exceptional circumstances, advance notice from the Crown, and more detailed reasons.
The Supreme Court of Canada dismissed the appeal, holding that s. 743.6 does not require exceptional circumstances or formal advance notice, but rather a two-step sentencing process prioritizing deterrence and denunciation.
The Court found the trial judge's reasons sufficient and the process procedurally fair.
Acquittal for welfare fraud restored as trial judge's findings negated mens rea and risk of deprivation.
The appellant was acquitted at trial of welfare fraud after selling real property without informing social assistance authorities.
The trial judge found her conduct did not create a risk of deprivation exceeding $1,000 and that she honestly believed her circumstances had not changed to affect her entitlement, negating mens rea.
The Court of Appeal overturned the acquittal.
The Supreme Court of Canada allowed the appeal and restored the acquittal, finding the trial judge made no error of law.
Appeal from second degree murder conviction dismissed; no error in jury charge.
The appellant appealed his conviction for second degree murder to the Supreme Court of Canada as of right.
The Court agreed with the majority of the Court of Appeal for New Brunswick that there was no error in the trial judge's charge to the jury.
The appeal was dismissed.