Court of Appeal for Ontario

CITATION: R. v. Van Every, 2025 ONCA 32

DATE: 20250117

DOCKET: COA-23-CR-0017

Before: Nordheimer, Sossin and Copeland JJ.A.

BETWEEN

His Majesty the King Respondent

and

Steven Wade Van Every Appellant

Counsel: Ariel Herscovitch and Andrea J. Di Fazio, for the appellant Holly Loubert, for the respondent

Heard and released orally: January 16, 2025

On appeal from the sentence imposed on December 7, 2022 by Justice Gethin B. Edward of the Ontario Court of Justice.

REASONS FOR DECISION

[1] The appellant seeks leave to appeal his sentence of two years less a day on convictions for break and enter and careless storage of firearms. He seeks the substitution of a conditional sentence. In our view, the appellant has failed to show that the sentence imposed was manifestly unfit nor has he shown that the sentencing judge failed to consider any mitigating factors: R. v. Lacasse, 2015 SCC 64, [2015] 3 S.C.R. 1089. The sentence was proportionate to the offences and was well within the discretion of the sentencing judge to impose, particularly in light of the circumstances underlying the convictions. In addition, we do not accept that the conduct of the sentencing judge exhibited any reasonable apprehension of bias.

[2] Having said that, we are not satisfied that it is clear that the sentencing judge gave appropriate credit for the time that the appellant had spent in pre-sentence custody. We would therefore grant leave to appeal and allow the appeal but only to the extent of reducing the sentence by 41 days.

"I.V.B. Nordheimer J.A."

"L. Sossin J.A."

"J. Copeland J.A."