Accused convicted of various offences including child luring. Defence alleged that the minimum sentences set out in ss. 151 and 172.1(2) CC violated s. 12 of the Charter, and that the limits on pre-trial custody credit (ss. 791(3) and (3.1) CC) violated s. 7 and 12 of the Charter.
Held: 12 years jail. Accused given 6 years credit for 611 days of pre-trial custody.
Constitutional validity of the minimum sentences found not to be a live issue, given that the accused’s offences attracted sentences which far exceeded the minimum. Constitutional challenge to s. 791 CC was moot, given Summers, 2014 SCC 26. Enhanced credit for pre-trial custody time was the appropriate remedy for multiple instances of “constitutionally impermissible treatment of the accused by [Remand] Centre staff.” Accused had been assaulted by prison staff, and other inmates. Crown position that assaults by fellow inmates were not under the control of remand staff, rejected. “Lock up is 23 hours per day. Of course the guards had control.”
T. Engel – Defence Counsel