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Offender sentenced to 20 months (time served) and probation for third breach of Long Term Supervision Order.
The offender pled guilty to breaching his Long Term Supervision Order (LTSO) by leaving his halfway house for ten days, and to breaching his recognizance of bail.
This was his third conviction for breaching the LTSO.
The Crown sought a sentence of 36 to 42 months, while the defence sought time served.
The court weighed the offender's history of non-compliance against his completion of the LTSO and lack of new substantive offences.
The court imposed a high-end reformatory sentence of 20 months (satisfied by time served plus one day) and 12 months of probation.
Bail misconduct exclusion for enhanced pre-sentence custody credit declared unconstitutional for overbreadth under Charter s. 7.
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.
