Appeal of sentence and return to custody
The Court of Appeal has the power to intervene to modify a sentence imposed in first instance when it is demonstrated that the sentence is demonstrably inappropriate or that the judge made an error in principle affecting the sentence. At this point, the Court must analyze all the relevant elements in order to substitute the initial sentence with the appropriate sentence. In addition, when a sentence is increased, but the accused has already served it and has been released, the Court must assess the impact of ordering the accused’s return to custody and determine whether it would cause injustice.
The limited jurisdiction of the Court of Appeal
The prosecution seeks leave to appeal a judgment of the Superior Court, which acted in its capacity as a court of appeal. The right of appeal being sinuous, the Court of Appeal of Quebec had to clarify the question of its own jurisdiction.
Unreasonable delays per Jordan, but justifiable
With this decision, the Court of Appeal adopts the lessons of R. v. J.F. in order to establish whether an unreasonable delay in Jordan’s view can be justified by the exceptional transitional measure. This in itself recognizes that all delays that were considered reasonable the day before Jordan must not automatically become unreasonable the next day.
The Court’s Power to Make Ancillary Orders
When a judge has to impose a sentence, the Criminal Code offers him several ancillary orders that can be added to a more traditional sentence such as imprisonment. These orders include the possibility of making a long-term offender declaration and making ancillary orders. What rules are these orders subject to?