The applicant pleaded guilty to robbery and firearm offences and awaited sentencing.
He brought a constitutional challenge against the bail misconduct exclusion in s. 719(3.1) of the Criminal Code, which restricts pre-sentence custody credit to a 1:1 ratio for offenders whose bail was cancelled due to misconduct.
The applicant argued the provision violated s. 7 of the Charter.
The court found that the provision engages the liberty interest and is overbroad, as it captures individuals whose misconduct does not render them a threat to public safety.
The Crown conceded the infringement could not be saved under s. 1.
The court declared the bail misconduct prong of s. 719(3.1) of no force and effect.
