Can a sentence of 6 years imprisonment be served consecutively?

The appellant submits that Sulatycky J. had no jurisdiction to order that the sentence of 6 years imprisonment be served consecutively to the 18 year sentence imposed by Shannon J. on October 27, 1994. Consecutive sentences may only be imposed where specifically authorized under the Criminal Code. (See Paul v. The Queen.). The only relevant sections are ss. 717(4)(a) and (c). Ss. 717(4)(a)and (c) provide: (4) Where an accused (a) is convicted while under sentence for an offence, and a term of imprisonment, whether in default of payment of a fine or otherwise, is imposed, … (c) is convicted of more offences than one before the same court at the same sittings, and … (ii) terms of imprisonment for the respective offences are imposed, the court that convicts the accused may direct that the terms of imprisonment shall be served one after the other.

Paragraph 717(4)(a) does not permit the imposition of a consecutive sentence unless the accused was convicted of the offence in respect of which the consecutive sentence is proposed while serving a sentence for another offence. This provision was considered in Paul v. The Queen and no other interpretation is open to us.

In Paul v. The Queen, Lamer J. discussed a provision in the 1879 English Draft Code similar to s. 717(4) (a) at pp. 121 -2: Clearly, a curtailment of the judges’ sentencing powers was made through the requirement for the existence of the previous sentence at the time of the conviction for the other offence and not only at the time of the imposition of the sentence, if the two or more sentences were not imposed by the same court at the same sitting. If the sentence was imposed by a different court, or, if by the same court, not at the same sitting, it could still be made consecutive to a previous sentence but only if it had been adjudged at the time of the conviction for the second offence. And at p. 129, Lamer J. indicated that the provisions do not permit: …that a sentence be made consecutive to that imposed by another judge in another case unless that sentence had already been imposed by the other judge at the time of the conviction in the case in which he is sentencing (emphasis added)