R. v Summers

canada, canadian, case law, court opinion, canlii, nlca, 2026nlca26, 2026 nlca 26 (canlii), 2026, nlca, 26, (canlii), 202401h0052, 2026, criminal and statutory offences, sentence appeals, habeas corpus detention dispute, whether csc correctly calculated commencement date of varied concurrent sentence, criminal code, ss. 687 and 719(1) applied to sentence varying order, concurrent sentence interpreted as commencing when imposed by sentencing judge, appeal dismissed, criminal and statutory offences, sentencing, concurrent and consecutive sentences, whether varied sentence may be backdated to start of earlier sentence, criminal code, s. 719(1) codifying prohibition on backdating, r. v. basque, concurrency limited to unexpired portion of earlier sentence, backdating impermissible, appeal dismissed, procedure, habeas corpus, unlawful detention, whether applications judge erred in dismissing habeas corpus application, court order interpreted as consistent with governing statute, no unlawful detention found where sentence commencement correctly calculated, habeas corpus dismissed, appeal dismissed, criminal and statutory offences, statutory framework, effect of appellate variation of sentence, how criminal code, ss. 687, 719(1), and 718.3(4)(a) govern interpretation of varied sentence, varied sentence has same force and effect as trial sentence, unexpired portion principle applied, r. v. roberts, appeal dismissed