R. v. MacIntyre, (1982) 44 N.R. 361 (FCA)

• Judge: KELLY, D.J., concurred with COWAN, D.J.
• Court: Federal Court of Appeal (Canada)
• Case Date: July 19, 1982
• Jurisdiction: Canada (Federal)
• Citations: (1982), 44 N.R. 361 (FCA)

R. v. MacIntyre (1982), 44 N.R. 361 (FCA)

MLB headnote and full text

R. v. MacIntyre

Indexed As: R. v. MacIntyre

Federal Court of Appeal

Thurlow, C.J., Kelly and Cowan, D.JJ.

July 19, 1982

Summary:

The plaintiff prisoner brought an action against the Government of Canada for determination of how his earned remission was to be calculated. The problem arose after the prisoner escaped and was sentenced to four months imprisonment for being unlawfully at large and the meaning of the words "the sentence he is then serving" for the purpose of calculating earned remission in section 24.2 of the Penitentiary Act appeared uncertain. The Federal Court of Canada, Trial Division, ruled against the prisoner, who appealed.

The Federal Court of Appeal allowed the appeal and held that the sentence being served by the prisoner at the time of his escape was the combined total term of his previous sentences beginning with the starting date of the earliest and ending with the termination of the last.

Criminal Law - Topic 5661

Punishments - Sentence of imprisonment - Term of imprisonment - Conviction for escape from prison - Effect of - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 137 - Parole Act, R.S.C. 1970, c. P-2, s. 14 - Penitentiary Act, R.S.C. 1970, c. P-6, s. 24.2 - The Federal Court of Appeal determined the calculation of a term of imprisonment of the prisoner following his conviction for escape from prison and also set out the basis for the calculation of earned remission in such circumstances - In particular the court determined the meaning of the words "the sentence he is then serving" in s. 24.2 of the Penitentiary Act.

Cases Noticed:

R. v. Sowa (No. 2), [1980] 2 W.W.R. 83; 1 Sask.R. 162, consd. [para. 14].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 137.

Parole Act, R.S.C. 1970, c. P-2, sect. 14 [para. 9].

Penitentiary Act, R.S.C. 1970, c. P-6, sect. 24.2 [para. 6].

Counsel:

F.J. O'Connor, for the appellant;

R.P. Hynes, for the respondent.

This case was heard on June 16, 1982, at Toronto, Ontario, before THURLOW, C.J., KELLY and COWAN, D.JJ., of the Federal Court of Appeal.

On July 19, 1982, the judgment of the Federal Court of Appeal was delivered and the following opinions were filed:

COWAN, D.J. - see paragraphs 1 to 48;

THURLOW, C.J. - see paragraphs 49 to 57.

KELLY, D.J., concurred with COWAN, D.J.