by Jason Tarnow | Oct 13, 2026 | Crime, Media, Police, Social Media, Wheels Of Justice
Artificial intelligence is changing how lawyers research, draft, and communicate. Courts are now confronting how it should be used in the most solemn part of a criminal case: sentencing. A recent Arizona decision shows how quickly the technology can cross a line, and why criminal defence counsel must be ready to challenge it.
What Happened in Arizona
On September 30, 2026, the Arizona Court of Appeals, Division One, vacated a 10-year manslaughter sentence imposed on Gabriel Paul Horcasitas. He was convicted in the 2021 road-rage shooting death of Christopher Pelkey. At the May 2025 sentencing hearing, the court played an AI-generated video that showed Pelkey addressing the judge and offering forgiveness. The video was created by Pelkey’s sister, who was preparing her own victim impact statement.
The appellate court affirmed the manslaughter conviction but sent the matter back for re-sentencing. Its reasoning focused on due process.
The Court’s Core Concern
The court explained that the video did not simply preserve something Pelkey had said while alive. Instead, it presented “a depiction of the victim and his thoughts created from the imaginings of the victim’s sister.” In the court’s view, the video blurred the line between what the family believed the victim would have said and what the victim actually thought.
The court also held that victim-rights protections do not override a defendant’s right to due process. A defendant must be able to test and respond to the information relied on at sentencing. An AI-generated speaker that cannot be cross-examined, and whose words cannot be traced to verified sources, presents an obvious problem.
Importantly, the ruling is not a blanket prohibition on digital media at sentencing. It addresses an AI-generated likeness presented as the voice of a deceased person, where the sentencing judge expressly relied on its content.
Why This Matters in British Columbia
The Arizona decision is not binding in Canada. It is, however, a clear warning for practitioners here.
In Canada, victims may describe the harm they have suffered through victim impact statements under section 722 of the Criminal Code. These statements are an important part of the process, and they must be handled with care. They are meant to convey the real effects of a crime on a real person’s family and community. They are not a vehicle for putting invented words into the mouth of someone who has died.
Sentencing in BC is also governed by principles of proportionality, individualized assessment, and fairness. An emotionally powerful presentation that the defence cannot meaningfully answer risks distorting that assessment.
What Defence Counsel Should Do
If an AI-generated element is proposed for a sentencing hearing in British Columbia, defence counsel should:
- Object early and in writing, so the objection is preserved for appeal.
- Request disclosure of how the material was created, who wrote the words, and what sources support them.
- Demand the right to respond, including cross-examination where appropriate.
- Seek a ruling on admissibility before the material is presented, not after.
Acting promptly protects the client’s right to a fair sentencing and protects the integrity of the process.
Respecting the Solemnity of Sentencing
Sentencing is not a stage for novelty. It is where the court decides how the state will respond to a person’s conduct, and where a family’s loss is formally recognized. Those who have been harmed deserve a process that is rigorous and honest. Those accused deserve a process that is fair, transparent, and based on evidence.
Technology will continue to develop, and courts will need to adapt. Until clear rules exist, the safest course is to keep sentencing grounded in verifiable facts and to insist that every word the court hears can be tested.
Facing a Sentencing in Metro Vancouver?
If you or a loved one is facing sentencing in Metro Vancouver, Richmond, or elsewhere in British Columbia, experienced criminal defence counsel can make a meaningful difference. Tarnow Criminal Law represents clients in all levels of Court in British Columbia and the Yukon on matters including but not limited to sexual assault, drug trafficking, impaired driving, dangerous operation, and youth criminal justice.
Contact Tarnow Criminal Law today at 604.278.0555 to schedule a confidential consultation.
This article is general information and not legal advice. Each case turns on its own facts. Speak with a lawyer about your specific situation.
by Jason Tarnow | Jul 14, 2026 | Crime, Criminal Attorney, Legal Rights, Police, Wheels Of Justice
As a Vancouver criminal defence lawyer with years of experience navigating the complexities of Canadian criminal law in British Columbia courts, I’ve seen firsthand how legislative changes can reshape the justice system. With the Bail and Sentencing Reform Act (Bill C-14) now law and set to take effect on July 15, 2026, we’re on the cusp of significant shifts in how bail hearings and sentencing proceed across Canada, particularly here in Vancouver where issues like organized crime, auto theft, and repeat offending hit close to home.
This timely reform arrives amid ongoing public concerns about community safety in BC. In this post, I’ll break down the key changes in Bill C-14, their legal context, and what they mean for defendants, practitioners, and the broader criminal justice landscape in Vancouver and beyond.
The Road to Bill C-14: Context in Canadian Criminal Law
Bill C-14 introduces over 80 targeted amendments to the Criminal Code, the Youth Criminal Justice Act, and related statutes. It responds to calls from law enforcement, provinces (including BC), and victims’ advocates for stricter measures against violent and repeat offenders, while aiming to maintain Charter protections.
Historically, Canadian bail law has been guided by principles from the Supreme Court of Canada, such as in R. v. Antic (2017), which emphasized the “ladder principle” (least onerous conditions) and the “principle of restraint” favoring release where appropriate. The Charter’s section 11(e) guarantees the right not to be denied reasonable bail without just cause. Sentencing has balanced denunciation, deterrence, rehabilitation, and proportionality under section 718 of the Criminal Code.
Bill C-14 refines these without fully upending them, but it tilts the balance toward public safety in specific high-risk scenarios. As reforms come into force this week, defence counsel in Vancouver must adapt quickly.
Key Changes to Bail Laws: Harder for Repeat and Violent Offenders
One of the most impactful areas is bail. Bill C-14 expands reverse onus provisions, where the accused must demonstrate why release is justified rather than the Crown proving detention is necessary. New or expanded reverse onuses now apply to:
- Break and enter of a dwelling-house.
- Trafficking in persons and human smuggling.
- Assaults and sexual assaults involving choking, suffocation, or strangulation.
- Extortion involving violence.
- Serious violent offences where the accused has two or more prior similar convictions.
- Expansion of the prior conviction window from 5 to 10 years for certain weapon-related violence.
Courts must now consider additional factors, such as random or unprovoked violence, the number and seriousness of outstanding charges (enhancing the tertiary ground for detention), and specific conditions like weapons prohibitions for extortion and organized crime cases. The “ladder principle” is clarified not to apply in reverse onus situations, and certain prior serious offenders are restricted from acting as sureties.
For Vancouver practitioners, this means more rigorous bail plans are essential. In BC Supreme Court or Provincial Court hearings, we’ll need to present compelling evidence addressing public safety risks—perhaps through enhanced surety supervision, electronic monitoring, or treatment programs. Clients facing auto theft, home invasion, or organized crime charges (prevalent in the Lower Mainland) will face heightened scrutiny.
Sentencing Reforms: Tougher Consequences and Consecutive Terms
On the sentencing side, Bill C-14 introduces or expands aggravating factors for crimes against first responders, public transit workers, organized retail theft, and interference with essential infrastructure (e.g., copper theft). Judges must prioritize denunciation and deterrence for repeat violent auto theft and break-and-enter. Consecutive sentences are mandated or strongly considered in cases like extortion paired with arson, or multiple violent offences.
Additional measures include ending conditional sentences (house arrest) for certain serious sexual offences against minors and restoring driving prohibitions for manslaughter or criminal negligence causing death/bodily harm.
These changes align with trends in BC, where prolific offenders and retail crime have strained resources. However, they raise questions about over-incarceration, court delays, and the effectiveness of deterrence for root causes like addiction and mental health—issues defence lawyers address daily in Vancouver.
Implications for Defendants and Defence Practice in Vancouver
For those accused in BC, the practical effects are clear: bail hearings will be more adversarial and evidence-heavy, especially in reverse onus cases. Defence counsel must build stronger records early—gathering character references, risk assessments, and community support plans. In Vancouver, where courthouse backlogs persist, prolonged pre-trial detention could pressure pleas or complicate trials.
From a Charter perspective, these reforms will likely face challenges. Past SCC decisions underscore that bail must remain reasonable and not punitive. Defence lawyers will monitor for overbreadth or violations of presumption of innocence. For repeat offenders, the emphasis on public safety is understandable, but it must not erode individualized justice.
As a Vancouver criminal defence lawyer, I see opportunities too. Strong advocacy can still secure release with tailored plans, and at sentencing, mitigating factors like Gladue principles for Indigenous clients or rehabilitation efforts remain vital. These reforms underscore the need for early intervention and robust defence strategies.
Provincial implementation in BC will be key. Adequate resources for bail supervision, mental health supports, and court capacity are essential to avoid unintended consequences like overcrowded jails.
Broader Impacts on the Justice System and Public Safety
Bill C-14 reflects a policy shift toward accountability for serious crime while acknowledging that laws alone aren’t sufficient. Supporters, including BC officials and police, highlight benefits for victims and communities plagued by repeat offending. Critics, including some civil liberties groups, worry about reduced discretion and potential Charter issues.
For law students and the public, this is a prime example of how criminal law evolves in response to societal pressures. In Vancouver’s diverse context—with its challenges around organized crime, homelessness, and downtown eastside issues—balanced implementation matters.
Long-term, data collection mandated by the Act (annual bail reports) will help evaluate effectiveness. A five-year parliamentary review is also required.
Practical Takeaways for Clients and Practitioners
- Act Early: If facing charges potentially impacted by Bill C-14 (effective July 15, 2026), consult defence counsel immediately to prepare for stricter bail processes.
- Build Comprehensive Plans: Focus on risk mitigation—treatment, employment, housing—for bail and sentencing.
- Stay Informed: Reforms affect youth justice and specific offences; nuances matter.
- Advocate Holistically: While tougher laws address safety, support for prevention and rehabilitation remains crucial.
In my practice defending clients across Vancouver and BC, I remain committed to upholding rights within the evolving framework. These changes demand vigilance but also skilled, strategic representation.
This blog post is for educational purposes only and does not constitute legal advice. Every case is unique—contact a qualified Vancouver criminal defence lawyer for personalized guidance on your situation.
