R. v. Leclair,

JurisdictionOntario
JudgeJustice R. Kwolek
Citation2020 ONCJ 260
Docket NumberSault Ste. Marie 0131-998-19-1142-04
CourtOntario Court of Justice General Division (Canada)
Date28 May 2020

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7 practice notes
  • The Pains of Imprisonment in a Pandemic.
    • Canada
    • Queen's Law Journal Vol. 46 No. 2, March 2021
    • March 22, 2021
    ...2020 ONSC 3878 at paras 35-36. See also R v Prince, 2020 ONSC 6121 at para 75. (65.) R v Clarke, supra note 64 at paras 39-40. (66.) 2020 ONCJ 260 at para (67.) See R v Stevens, 2020 ONCJ 616 (where the Court gave a "special COVID 19 enhanced presentence custody credit" in the case of an ac......
  • R. v. Chen
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 7, 2021
    ...to the spread of COVID, is a benefit to society that can balance out factors weighing in favour of actual imprisonment (R. v. Leclair, 2020 ONCJ 260 at para. 102). [61] Counsel also refers to various reliable publicly available sources to show the increasing number of COVID infections and d......
  • R v Buschemeyer, 2021 ABQB 1008
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • December 16, 2021
    ...may be appropriate in situations involving particularly harsh prison conditions. Similarly, in R v Adams, 2016 ABQB 648, and R v Leclair, 2020 ONCJ 260, the sentencing judge reduced the sentence that might otherwise have been appropriate on account of what were characterized as the mitigati......
  • R v Gordey, 2020 ABQB 425
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • July 23, 2020
    ...2019 ABCA 149, as well as the decision in R v Prystay, 2019 ABQB 8; R v Duncan, 2016 ONCA 754; R v Brown, 2020 ONCA 196; and R v Leclair, 2020 ONCJ 260, the Accused says that a sentence judge is not limited to awarding a maximum of 1.5:1 credit for pre-trial custody in appropriate [49] In t......
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6 cases
  • R. v. Chen
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 7, 2021
    ...to the spread of COVID, is a benefit to society that can balance out factors weighing in favour of actual imprisonment (R. v. Leclair, 2020 ONCJ 260 at para. 102). [61] Counsel also refers to various reliable publicly available sources to show the increasing number of COVID infections and d......
  • R v Buschemeyer, 2021 ABQB 1008
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • December 16, 2021
    ...may be appropriate in situations involving particularly harsh prison conditions. Similarly, in R v Adams, 2016 ABQB 648, and R v Leclair, 2020 ONCJ 260, the sentencing judge reduced the sentence that might otherwise have been appropriate on account of what were characterized as the mitigati......
  • R v Gordey, 2020 ABQB 425
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • July 23, 2020
    ...2019 ABCA 149, as well as the decision in R v Prystay, 2019 ABQB 8; R v Duncan, 2016 ONCA 754; R v Brown, 2020 ONCA 196; and R v Leclair, 2020 ONCJ 260, the Accused says that a sentence judge is not limited to awarding a maximum of 1.5:1 credit for pre-trial custody in appropriate [49] In t......
  • R. v. DILLON
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • March 12, 2021
    ...55. [84]                    In R v Leclair, 2020 ONCJ 260 [Leclair], the court likewise acknowledged, at para. 104, that “Covid-19 is a factor that the court considers in determining whether any......
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1 books & journal articles
  • The Pains of Imprisonment in a Pandemic.
    • Canada
    • Queen's Law Journal Vol. 46 No. 2, March 2021
    • March 22, 2021
    ...2020 ONSC 3878 at paras 35-36. See also R v Prince, 2020 ONSC 6121 at para 75. (65.) R v Clarke, supra note 64 at paras 39-40. (66.) 2020 ONCJ 260 at para (67.) See R v Stevens, 2020 ONCJ 616 (where the Court gave a "special COVID 19 enhanced presentence custody credit" in the case of an ac......