R. v. Nahanee,

JurisdictionBritish Columbia
JudgeThe Honourable Mr. Justice Willcock,The Honourable Madam Justice Fenlon,The Honourable Madam Justice Griffin
Neutral Citation2021 BCCA 13
Docket NumberCA46730
Citation2021 BCCA 13
Date14 January 2021
CourtCourt of Appeal (British Columbia)
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4 practice notes
  • R. v. Nahanee, 2022 SCC 37
    • Canada
    • Supreme Court (Canada)
    • October 27, 2022
    ...APPEAL from a judgment of the British Columbia Court of Appeal (Willcock, Fenlon and Griffin JJ.A.), 2021 BCCA 13, 69 C.R. (7th) 246 , [2021] B.C.J. No. 47 (QL), 2021 CarswellBC 72 (WL), affirming a decision of Smith Prov. Ct. J., 2020 BCPC 41 , [2020] B.C.J. No. 403 (QL), 20......
  • R. v. Clarke, 2021 NLPC 0820A00055
    • Canada
    • Newfoundland and Labrador Provincial Court (Canada)
    • April 21, 2021
    ...as follows: Imposing a sentence greater than sought by counsel is well within a sentencing judge’s discretion (see R. v. Nahanee, 2021 BCCA 13, R. v. Scott, 2016 NLCA 16, and R. v. Mills, 2018 NLCA [62]      Here I remind myself of two things. First, the rema......
  • Trans Mountain Pipeline ULC v Mivasair,
    • Canada
    • Court of Appeal (British Columbia)
    • March 15, 2023
    ...effect of Gladue factors on moral culpability, is not an error requiring intervention unless the balancing is unreasonable: R. v. Nahanee, 2021 BCCA 13 at paras. 81–83, aff'd 2022 SCC Grounds of Appeal 26 The appellant has raised three grounds of appeal, all of which inform his ......
  • R. v. SJM,
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • July 30, 2021
    ...[6] As a result of the reasons in Friesen, courts may not feel as constrained by the sentence recommendations of counsel. In R v Nahanee, 2021 BCCA 13 the court concluded that if a judge disagrees with the range of sentence proposed by one or more counsel, while it is undoubtably preferable......
4 cases
  • R. v. Nahanee, 2022 SCC 37
    • Canada
    • Supreme Court (Canada)
    • October 27, 2022
    ...APPEAL from a judgment of the British Columbia Court of Appeal (Willcock, Fenlon and Griffin JJ.A.), 2021 BCCA 13, 69 C.R. (7th) 246 , [2021] B.C.J. No. 47 (QL), 2021 CarswellBC 72 (WL), affirming a decision of Smith Prov. Ct. J., 2020 BCPC 41 , [2020] B.C.J. No. 403 (QL), 20......
  • R. v. Clarke, 2021 NLPC 0820A00055
    • Canada
    • Newfoundland and Labrador Provincial Court (Canada)
    • April 21, 2021
    ...as follows: Imposing a sentence greater than sought by counsel is well within a sentencing judge’s discretion (see R. v. Nahanee, 2021 BCCA 13, R. v. Scott, 2016 NLCA 16, and R. v. Mills, 2018 NLCA [62]      Here I remind myself of two things. First, the rema......
  • Trans Mountain Pipeline ULC v Mivasair,
    • Canada
    • Court of Appeal (British Columbia)
    • March 15, 2023
    ...effect of Gladue factors on moral culpability, is not an error requiring intervention unless the balancing is unreasonable: R. v. Nahanee, 2021 BCCA 13 at paras. 81–83, aff'd 2022 SCC Grounds of Appeal 26 The appellant has raised three grounds of appeal, all of which inform his ......
  • R. v. SJM,
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • July 30, 2021
    ...[6] As a result of the reasons in Friesen, courts may not feel as constrained by the sentence recommendations of counsel. In R v Nahanee, 2021 BCCA 13 the court concluded that if a judge disagrees with the range of sentence proposed by one or more counsel, while it is undoubtably preferable......

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