Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.
This week’s summaries concern: Criminal Law – Aliens – Civil Rights – Habeas Corpus – Statutes – Insurance
R. v. Canto (N.) 2015 ABCA 306
Summary: In 2009, s. 719(3) of the Criminal Code was amended to cap pretrial credit at a presumptive maximum of 1 day for each day in pretrial custody. However, under s. 719(3.1) the court could grant 1.5 days for every day in custody “if the circumstances justify it”. In October 2012, the accused received a global sentence of 60 months and was granted credit for 11 months of pretrial custody on a 1:1 basis. The decision in R. v. Summers (S.C.C.), released in April 2014, confirmed that eligibility for enhanced credit did not depend on “exceptional” circumstances.
Chaudhary et al. v. Canada (Minister of Public Safety Emergency Preparedness) et al. 2015 ONCA 700
Aliens – Civil Rights – Habeas Corpus
Summary: The four applicants (Chaudhary, Mvogo, Bruzzese and Anawa) applied for habeas corpus with certiorari in aid, seeking their immediate release from custody, and claiming that their continued detention was unlawful. All of the applicants had been detained in custody by various orders of the Immigration Division of the Immigration and Refugee Board.
R. v. Beaulieu (C.J.) 2015 MBCA 90
Criminal Law – Statutes
Summary: The accused pled guilty to fraud over $5,000 and received a conditional sentence order (CSO) of two years less a day pursuant to a joint recommendation. The accused breached both the curfew (first breach) and the community service (second breach) requirements of the CSO. The sentencing judge terminated his CSO. The accused appealed the termination of his CSO. Alternatively, he claimed that he should receive credit toward his CSO of the time spent on judicial interim release pending the hearing relating to the first breach (August 17, 2013 – June 11, 2014); and the time between the issuance of the warrant for the second breach and the execution of that warrant (April 30, 2014 – June 11, 2014).
State Farm Mutual Automobile Insurance Co. v. Old Republic Insurance Co. of Canada 2015 ONCA 699
Insurance – Statutes
Summary: At issue was whether Old Republic Insurance Co. had to indemnify State Farm Mutual Automobile Insurance Co. for statutory accident benefits (SABs) paid by State Farm as a result of a chain reaction accident. A Pepsi truck (i.e., a heavy commercial vehicle) insured by Old Republic rear-ended a Dodge stopped near an intersection. The impact caused the Dodge to rear-end a Nissan also stopped at the intersection. All automobiles were travelling in the same direction and in the same lane.