Law360 Canada ( August 8, 2022, 6:35 AM EDT) -- Appeal by Demeter from his probation order. On February 25, 2020, Demeter pleaded guilty to kidnapping, obstruction of justice, and breaking, entering, and committing an indictable offence (assault causing bodily harm). On September 10, 2020, the judge imposed a jointly proposed sentence. Demeter was sentenced to five years’ imprisonment. After receiving credit for the time he had already served, the remaining time to serve was 464 days. The judge ordered that Demeter be on probation for three years after the conclusion of his custodial sentence. Demeter had now completed his custodial sentence. He took the position that he did not agree to probation, but his lawyer proceeded with the joint submission anyway. He also asserted that the three-year period of probation was contrary to section 731(1)(b) of the Criminal Code because he had already served the equivalent of more than two years in custody at the time of the sentencing hearing. Demeter further took the position that the judge failed to consider the particularly harsh conditions of his pre-trial custody and his sentence was disproportionately severe when compared to the sentences imposed on his similarly situated co-accused. Demeter also submitted that the three-year period of probation was excessive, making his sentence demonstrably unfit....