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R. v. Basque
  • Facts: Jennifer Basque was charged with impaired driving and subjected to a pre-sentence driving prohibition for 21 months before sentencing.
  • Issue: Whether credit could be granted for the pre-sentence prohibition period against the mandatory minimum driving prohibition.
  • Ruling: The Supreme Court allowed the appeal, affirming that sentencing judges could grant credit for pre-sentence prohibitions without undermining the mandatory minimum requirements.
  • Outcome: The Court clarified that granting credit did not conflict with statutory provisions or undermine justice and fairness principles, emphasizing the coexistence of common law discretion and statutory mandates.
Jennifer Basque
Law Firm / Organization
Fowler Law P.C. Inc
Lawyer(s)

Robert K. Mckee

His Majesty the King
Law Firm / Organization
Not specified
Lawyer(s)

Patrick Mcguinty

Attorney General of Alberta
Law Firm / Organization
Not specified
Lawyer(s)

Elisa Frank

Supreme Court of Canada
39997
Criminal law
Not specified/Unspecified
Appellant