The appellant, an Indigenous man with significant cognitive difficulties, repeatedly sexually assaulted a worker at the group home where he resided. He remained in custody pending trial, including a period of detention in a psychiatric facility while temporarily unfit to stand trial. After resiling from three agreements to plead guilty, the appellant did so the fourth time. From charge to conviction, nearly four years elapsed.

The sentencing judge imposed a nine-year custodial term. This term was lengthier than the one requested by the appellant, in part because his cognitive difficulties increase the amount of time required for rehabilitative programming. The sentencing judge considered the appellant’s repeated abandonment of agreements to plead guilty to be wrongful conduct and disallowed enhanced pre-sentence custodial credit for part of the appellant’s detention. The sentencing judge also relied on the relatively favourable conditions of detention in the psychiatric facility as a basis to deny enhanced credit.

The Court of Appeal allowed an appeal in part, due to an error in calculating the number of days the appellant spent in custody, but otherwise dismissed the appeal.

Mr. J.W. obtained leave to appeal his sentence to the Supreme Court of Canada.