The accused was charged with multiple firearm and drug offences following his arrest while driving with a loaded prohibited firearm and marijuana.
At a bail hearing, the justice of the peace endorsed the information under s. 515(9.1) of the Criminal Code based on the accused's prior criminal record, restricting pre-sentence custody credit to 1:1.
Following conviction on all counts, the accused challenged the constitutionality of s. 719(3.1), which removes sentencing discretion regarding enhanced pre-sentence custody credit when a bail justice has made a s. 515(9.1) endorsement.
The court found the impugned provision violated s. 7 of the Charter and declared it of no force and effect.
The court imposed a global sentence of 6 years imprisonment with 1.5:1 credit for pre-sentence custody.
