In 2017, the Appellant, Jennifer Basque, was charged with operating a motor vehicle while having a blood alcohol level greater than 80 milligrams per 100 millilitres of blood. One of the conditions of her pre-trial release prohibited her from operating a motor vehicle. She was subject to the driving prohibition term of her release order for 21 months before being sentenced. The sentencing judge imposed a $1,000 fine and, under the now repealed s. 259(1)(a) of the Criminal Code, a mandatory minimum one year driving prohibition. The sentencing judge then applied presentence credit for the 21 months Ms. Basque had been subject to the driving prohibition. As a result, Ms. Basque did not face a further driving prohibition. The decision to take the presentence driving prohibition into account was affirmed by the summary conviction appeal court judge. The majority of the New Brunswick Court of Appeal allowed the subsequent appeal by the Crown, imposed a one-year driving prohibition, and stayed the execution of the prohibition order. The dissenting judge was of the view that the appeal should be dismissed.

Ms. Basque was granted leave to appeal to the Supreme Court of Canada.