Case information

Charter of Rights and Freedoms — Remedies — Jurisdiction — Whether a sentencing court that is otherwise functus officio has jurisdiction under s. 24(1) of the Charter to alter a now-unconstitutional consecutive parole ineligibility period for a life sentence that the sentencing court previously imposed — Whether it is in the interests of justice to grant an offender who is serving a life sentence with consecutive parole ineligibility periods exceeding 25 years an extension of time to appeal, where a continuing violation under s. 12 of the Charter may flow from an unconstitutional law?

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Mr. Bailey was convicted on three counts of second-degree murder. He was sentenced to two life sentences with concurrent parole ineligibility for 15 years and a third life sentence with consecutive parole ineligibility for 15 years. The consecutive parole ineligibility was imposed pursuant to s. 745.51 of the Criminal Code which was in effect from 2011 until it was declared unconstitutional and struck down in R. v. Bissonnette, 2022 SCC 23. Mr. Bailey applied to the Court of Appeal for an extension of time to appeal his sentence. The Court of Appeal denied an extension of time. A majority additionally declared that, to the extent Mr. Bailey sought a remedy under ss. 12 and 24(1) of the Charter of Rights and Freedoms, he should seek it in the Court of King’s Bench. Wakeling J.A. preferred not to address seeking a remedy under ss. 12 and 24(1) of the Charter in the Court of King’s Bench.