Supreme Court of Nova Scotia
Citation: R. v. Casey, 2015 NSSC 187
Date: 20150625
Docket: Amh No. 430792
Registry: Amherst
Between:
Her Majesty the Queen
Appellant
v.
Kesha Melissa Casey
Respondent
Library Heading
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Judge: |
The Honourable Justice Gerald R. P. Moir |
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Heard: |
March 19, 2015, in Amherst, Nova Scotia |
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Final Written Submissions: |
April 30, 2015 |
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Subjects: |
Criminal law; summary conviction appeal; sentencing; credit for time served; Criminal Code s. 719 |
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Summary: |
For more than two weeks when on remand, the offender was deprived of medication prescribed for her bipolar disorder while she awaited sentencing despite her requests, her lawyer’s pleas, the recommendations of judges, and one judge’s order. The sentencing judge found her constitutional right to security of the person had been egregiously violated by officials at Burnside. He allowed a two for one credit despite s. 719 as a s. 24(1) remedy. |
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Issues: |
Whether exceeding the s. 719(3.1) maximum credit for time served on remand was available as a s. 24(1) remedy. |
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Result: |
Agreed with Provincial Court judge’s reasoning and suggested that the same result is reached on interpretation of s. 719(3.1) according to the text-in-context approach of Rizzo Shoes. The phrase “for each day spent in custody” refers to lawful custody without egregious violations of constitutional rights. |
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