Law360 Canada (June 30, 2023, 12:20 PM EDT) -- Appeal from the New Brunswick Court of Appeal that set aside a judgment of the summary conviction appeal court and varied Basque’s sentence. Basque was charged with a summary conviction impaired driving offence. Basque pleaded guilty and was released from custody under the condition that she would not operate a motor vehicle. Basque spent the period of 21 months that elapsed between her initial appearance and sentencing under a driving prohibition. The sentencing judge imposed a $1,000 fine. At the time of the offence, the judge was also required, through s. 259(1)(a) of the Criminal Code (Cr. C.), to impose a one-year minimum mandatory driving prohibition and credited Basque the 21 months she had been under a driving prohibition. To give effect to that credit, the judge backdated the sentence. The Crown appealed. The summary conviction appeal court judge determined it had been improper to backdate the sentence but dismissed the appeal. The Crown again appealed. The majority of the Court of Appeal allowed the appeal, varied the sentence to include a one-year driving prohibition but stayed the order. Basque argued her request for credit was not limited by the imposition of the mandatory minimum prohibition. Crown submitted that granting credit, in this case, would conflict with the application of the one-year minimum prohibition....