Rihanna Woodward

The offender, a youthful first offender, pleaded guilty to possession of a loaded prohibited firearm after being arrested at a basketball court.

The court rejected the Enhanced Pre-Sentence Report for failing to connect systemic racism to the offender's specific circumstances, as required by Morris.

However, considering the offender's guilty plea, lack of associated criminality, successful bail period, and the viable but unlitigated Charter argument regarding racial profiling, the court found a conditional sentence appropriate.

The offender was sentenced to two years less a day to be served in the community, followed by two years of probation.

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.