The offender pleaded guilty to robbery with a prohibited weapon, which carries a five-year mandatory minimum sentence.
The offender, an Indigenous man, experienced exceptionally harsh pre-trial custody conditions at the Toronto South Detention Centre, including medical neglect, frequent lockdowns, and the deliberate destruction of Indigenous cultural items by correctional officers.
The court distinguished recent case law and held that the egregious state misconduct warranted significant Duncan credit.
The court applied 611 days of enhanced credit on top of the Summers credit, effectively reducing the remaining sentence to one day.
