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• MCLNugget: Montesano ONCA

  R v Montesano, 2019 ONCA 194  The IssueWhat reference, if any, may be made to a prior discharge of an accused or offender. Put differently, can the Crown rely on a discharge during sentencing submissions and disclose such information to the court.The AnswerSection 6.1(1)(1)(a) of the Criminal Record … Read more »

• MCLNugget: McGuigan ONCA

  York (Regional Municipality) v McGuigan, 2018 ONCA 1062 The IssueAre the excerpts of a user manual related to the “testing and operation” of a speed measuring device subject to disclosure under the first party regime or production under the third party regime – as well as the related issue of releva … Read more »

• MCLNugget: Prystay ABQB

  R v Prystay, 2019 ABQB 8 The IssuePrystay was charged with a number of offences including possess of a loaded firearm and failing to stop for police. Following his arrest he was detained in custody for 28.5 months. During this period of time he assaulted another inmate. He was consequently placed in … Read more »

• MCLNugget: Plante ONCA

  R v Plante, 2018 ONCA 251The IssueWhat factors govern the granting of credit for pre-sentence custody, especially in relation to an offender sentenced to a reformatory period of incarceration.The AnswerThe Court of Appeal noted the difference between provincial and federal jail time:A prisoner who i … Read more »

• MCLNugget: Burke NLCA

  R v Burke, 2018 NLCA 31The IssueThe standard and appropriateness of imposing a restitution order under s738 of the Code.The AnswerStand-alone restitution orders are constitutionally valid. They are discretionary and such discretion must take into account an offender’s ability to pay: R v Zelensky, [ … Read more »

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