S. Ford

The offender was found guilty by a jury of two counts of aggravated assault as a party to a planned shooting in downtown St. Catharines that injured the intended target and five innocent bystanders.

The Crown sought a 15-year sentence, while the defence sought a conditional sentence.

The court rejected the conditional sentence, finding the offender's moral blameworthiness high despite his non-shooter status.

After applying the Bellissimo range, considering mitigating factors, and applying credits for totality, Duncan, and Summers, the court imposed a net sentence of 5 years in a federal penitentiary.

The Crown appealed the imposition of a curative discharge for impaired driving offences, arguing the sentencing judge erred in finding a breach of s. 15 of the Charter because the respondent failed to file a proper Notice of Constitutional Question challenging the Criminal Law Amendment Act.

The Superior Court of Justice agreed that the failure to file an appropriate Notice rendered the constitutional finding a nullity.

The appeal was allowed, and a new sentencing hearing was ordered with directions for the respondent to file a proper Notice of Constitutional Question.