The accused appeared for sentencing after being found guilty of possessing a loaded prohibited firearm.
He applied for a stay of proceedings under s. 24(1) of the Charter, alleging breaches of ss. 7, 8, and 12 due to his treatment by the Institutional Crisis Intervention Team (ICIT) during pre-sentence custody at Maplehurst Correctional Complex.
The court found that the accused's Charter rights were breached by the degrading and punitive conditions of the ICIT deployment.
However, the court dismissed the application for a stay, finding that a substantial sentence reduction was a reasonably capable alternative remedy.
The court determined a fit sentence of three years' imprisonment, reduced it by one year as a Charter remedy, and credited the accused's pre-sentence custody, resulting in a sentence of time served.
