Defence Bar: Help Your Judge Help You
The standard upon which sufficiency of reasons is to be assessed in the criminal context is whether the reasons are inadequate and if so whether they prevent appellate review: R. v. Gagnon , 2006 SCC 17 , [2006] 1 S.C.R. 621, at para 13 ; R. v. Sheppard , 2002 SCC 26 , [2002] 1 S.C.R. 869, at para. 20 ; R. v. Slatter , 2019 ONCA 807 , 452 D.L.R. (4th) 4, at paras. 107-111 . The reasons must show why the trial judge made a certain decision: R. v. Vuradin , 2013 SCC 38 , [2013] 2 S.C.R. 639, at para. 15 . As R. v. Suganaqueb , 2022 ONCA 193 demonstrates, these standards for the sufficiency of reasons operate even when the accused consents to the imposition of an order. In Suganaqueb , the accused consented to the imposition of a dangerous offender designation (and an indeterminate sentence). The sentencing judge was satisfied that the accused’s consent was informed and volitio...