R. v. Taylor 2017 Ruling Overview
Charter Application Ruling
In the Yukon Territory of Canada, David Peter Taylor filed a constitutional challenge of the Criminal Code that limits the time spent in pre-trial custody. Guilty pleas were already filed for committing the assault offence as well as possession of cocaine. The point of contention is that Taylor is seeking credit for the time in pre-sentence custody. The Crown submits that Taylor is not entitled to seek this enhanced credit.
Relevant legislation includes Sections 719(3) and (3.1), which discusses how a court is able to account for time spent in custody and shall limit credit for the time, to a maximum of one day for each day that has been spent in custody. If some circumstances call for it, there is a maximum credit of one and one half days for each day spent in custody.
There is also section 515(9.1) that reads that the accused can be detained in custody per justice orders if there is a previous conviction.
The stare decisis focused on the Territorial Counsel Judge determining if he was bound to follow the Yukon Court of Appeal’s decision of R v Chambers (2014). The Supreme Court decision in Safarzadeh-Markhali was also brought into consideration for purposes of bail misconduct exclusion cases.
Further, there were reports from the Auditor General that identified various issues, including offenders not being provided rehabilitative programming. A report of the “Truth and Reconciliation Commission” which was released in December 2015, was also brought in for viewing.
Many of these reports were not available during the Chambers ruling, though they are available now.
The final ruling is that the judge believed he no longer needed to follow Chambers as an example because of circumstances and evidence changing. With the bail misconduct exclusion, it is an infringement on Taylor’s S. 7 Charter right, which includes the way Aboriginal offenders have been incarcerated for reasons not connected to legislation’s purpose.
If you or someone you know has been criminally charged, it is vital to see legal representation. Contact Julian van der Walle today.
Related Stories
Why You Should Hire a Vernon Criminal Defense Attorney
As a whole, the Canadian justice system is very fair. The accused enjoy the right to be present and be heard in court, the right to remain silent, and the right to representation by legal counsel. That last right is one of the most important rights of all. This is...
Does drug addiction cause more crime?
Many in Canada often associate drugs with crime, and in many cases, the possession or use of drugs is itself a crime. More recently, a spotlight has been placed on drug-related incidents due to the opioid crisis afflicting the nation. Sociologists have spent decades...
Bad IRP Decision? What Can You Do About It?
Bad IRP Decision? What Can You Do About It? Drivers who are caught driving under the influence by the police may receive an Immediate Roadside Prohibition (IRP) on driving. An IRP is a temporary driving suspension that prevents the recipient from driving for a set...
REQUEST A FREE CONSULTATION
Call 1.866.706.8857
Or fill out the form below to receive a free and confidential initial consultation.