The judgment of Wagner C.J. and Moldaver, Brown, Rowe, Martin, Kasirer and Jamal JJ. (Moldaver J.)

One: Introduction – (0:00:17)

Two: Background – (0:03:57)

A: Offences Against E-N – (0:04:16)

B: Offences Against S-R – (0:06:09)

Three: Procedural History – (0:07:45)

A: Reasons for Sentence, British Columbia Provincial Court – (0:07:47)

B: British Columbia Court of Appeal – (0:10:46)

Four: Issues – (0:12:48)

Five: Analysis – (0:13:17)

A: Anthony-Cook Does Not Apply to Contested Sentencing Hearings Following a Guilty Plea – (0:13:19)

1: The Benefits of Joint Submissions Are Significantly Lessened With Contested Sentencings – (0:16:06)

2: Joint Submissions Would Be Discouraged – (0:20:12)

3: The Sentencing Judge’s Role Would Be Partially Usurped and Offloaded Onto the Crown – (0:21:59)

B: Sentencing Judges Are Required to Notify Parties and Provide an Opportunity for Further Submissions if They Plan to Impose a Harsher Sentence Than What the Crown Has Proposed – (0:24:28)

1: Notice Requirement – (0:25:12)

2: Opportunity for Further Submissions – (0:27:46)

3: Errors Justifying Appellate Intervention – (0:30:11)

C: Mister Nahanee’s Sentence Does Not Warrant Intervention – (0:39:18)

1: Notice and Opportunity for Further Submissions – (0:40:08)

2: Sufficient Reasons for Exceeding the Crown Range – (0:41:20)

3: Erroneous Reasons for Exceeding the Crown Range – (0:42:02)

4: Whether the Sentence Was Demonstrably Unfit – (0:42:21)

Six: Disposition – (0:43:09)