The Crown appealed a declaration that the restriction on enhanced pre-sentence custody credit in s. 719(3.1) of the Criminal Code was unconstitutional.
The Court held that denying enhanced credit to offenders denied bail primarily because of prior convictions is overbroad under s. 7 because the provision captures persons unrelated to the public safety objective and affords limited meaningful review of endorsements.
The infringement was not saved by s. 1, as the measure was not minimally impairing and its deleterious liberty effects outweighed its benefits.
The Court also rejected the proposition that proportionality in sentencing process is an independent principle of fundamental justice under s. 7.
