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Delayed parole under s. 743.6 requires demonstrated need based on deterrence and denunciation, not exceptional circumstances.
The appellant pleaded guilty to manslaughter and was sentenced to 12 years' imprisonment, with an order delaying his parole eligibility for six years under s. 743.6 of the Criminal Code.
On appeal, he argued the delayed parole order required evidence of exceptional circumstances, advance notice from the Crown, and more detailed reasons.
The Supreme Court of Canada dismissed the appeal, holding that s. 743.6 does not require exceptional circumstances or formal advance notice, but rather a two-step sentencing process prioritizing deterrence and denunciation.
The Court found the trial judge's reasons sufficient and the process procedurally fair.
Photocopying documents from a recovered stolen safe without a warrant violates residual privacy rights.
The appellants' locked safe was stolen from their restaurant and later recovered by police.
An officer investigating the appellants for suspected tax violations, who was not involved in the theft investigation, photocopied documents from the safe without a warrant and forwarded them to Revenue Canada.
The Supreme Court of Canada held that the appellants retained a residual expectation of privacy in the stolen safe's contents.
The officer's actions constituted an unreasonable search under s. 8 of the Charter.
The Court excluded the evidence under s. 24(2), finding that the officer's disregard for regular police procedures and failure to leave the investigation to taxation authorities rendered the breach sufficiently serious that admitting the evidence would bring the administration of justice into disrepute.
