Case information

Criminal law — Appeals — Sentence — Whether the Court of Appeal erred in deferring to the trial judge’s finding the applicant suffered no prejudice from the election to Provincial Court by indictment, regardless of whether it was an informed, or effective election — Whether the Court of Appeal erred by ignoring evidence of counsel instructing an unauthorised agent to solicit a plea from the applicant without providing the available disclosure — Whether the Court of Appeal erred by ignoring the trial judge’s erroneous direction subjecting the applicant to cross-examination on an affidavit they sought to withdraw — Whether the Court of Appeal erred in concluding the trial judge’s conduct lacked any apprehension of bias.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Mr. Sidhu was convicted of criminal harassment pursuant to s. 264(2)(b) of the Criminal Code. He was sentenced to 9 months’ of incarceration and 3 years’ of probation. On February 28, 2022, the Court of Appeal allowed the sentence appeal. The Court of Appeal held that in spite of what it determines as a fit sentence, the Court of Appeal declined to impose a harsher sentence than the sentencing judge did for the following two reasons: the Crown did not file a notice of appeal, and the Crown supported the sentence that the sentencing judge imposed. The Court of Appeal decided to impose the same sentence as the sentencing judge did, which was 9 months’ of incarceration, and 3 years’ of probation.