Case information

Charter of Rights — Criminal law — Sentencing — Administrative segregation — Cruel and unusual punishment — Credit for time spent in custody — At what point should administrative segregation constitute cruel and unusual punishment under s. 12 of the Canadian Charter of Rights and Freedoms? — To what extent can a sentencing judge consider a prolonged administrative segregation at sentencing? — Canadian Charter of Rights and Freedoms, s. 12 — Criminal Code, s. 719(3.1).

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An incident took place in which the applicant fired four shots with a semi automatic rifle into the victim’s home. The applicant was convicted of intentionally discharging a firearm into the victim’s home, knowing that she was in the home, contrary to s. 244.2(3)(b) Cr. C., and other firearm offences. The applicant was in administrative segregation for most of the 479 days that he was on remand. The applicant’s argument that the administrative segregation amounted to cruel and unusual punishment pursuant to s. 12 of the Charter was rejected by the Provincial Court of Alberta. The court imposed a period of incarceration of six years and gave 1.5 to 1 credit for pre sentence custody. The resulting sentence to be served was four years. The applicant appealed his sentence. The majority of the Court of Appeal of Alberta dismissed the appeal. However, O’Ferrall J.A., in dissent, would have allowed the appeal and reduced the sentence by six months.