Challenge to the constitutionality of the ‘bail revocation exception’ in s 719(3.1) CC (the portion limiting pre-trial custody credit to 1:1 where bail has been revoked). Defence argued that the section is overbroad and thus offends s. 7 of the Charter.
Held: s. 719(3.1) CC violates s. 7; 1:1 credit limitation not applied.
As per Kovich, 2016 MBCA 19, Meads, 2018 ONCA 146 and Romanchych, 2018 BCCA 26, the impugned provision is overly broad and not saved by section 1 of the Charter. “[T]he problematic distinction is between those who succeed and those who fail to show cause following a s. 524 detention. A person who has resources or connection to the community may get bail whereas a person in the same situation without those factors may be denied bail. The impugned exception does not deny enhanced credit because of bad conduct but rather because of the inability to obtain bail, a factor which is irrelevant to the determination of a proportionate sentence…[t]he effect of the impugned provision is to strip persons of their liberty in cases where detention does not advance public safety or security.”
S. Smith – Defence Counsel