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)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.