Law360 Canada ( May 23, 2025, 1:11 PM EDT) -- Appeal by J.W. from a judgment of the Ontario Court of Appeal, which allowed in part an appeal from his sentence. J.W., an Indigenous man, repeatedly sexually assaulted the complainant, a worker at the group home where he lived. Following his arrest, J.W. was remanded to a detention centre then admitted to Providence Care Hospital (Providence). During the proceedings, J.W. resiled from three proposed guilty pleas, fired three lawyers, and was later found unfit and subject to a treatment order. After being found fit to stand trial, a “keep fit” order was made. J.W. ultimately pleaded guilty to sexual assault, threatening to cause death and unlawful confinement. J.W. remained detained at Providence while awaiting sentencing. The sentencing judge found that there were many aggravating factors and that J.W.’s mental illness and cognitive limitations were mitigating factors. J.W. received a global sentence of nine years’ imprisonment, prior to considering credit for presentence custody. The sentencing judge declined to grant enhanced credit for the time spent at Providence based on wrongful conduct. The Court of Appeal allowed the appeal in part due to an error from the sentencing judge in the calculation of the number of days spent in presentence custody. The appeal was otherwise dismissed. J.W. argued that the sentencing judge erred by extending his sentence in order to provide time to complete institutional programming and by refusing to grant enhanced presentence credit for the time spent at Providence. The Crown argued there was no reviewable error....