In R. v. Cargioli (Ont CA, 2023) the Court of Appeal considered appeals by three defendants from convictions, one for first-degree murder and two for second-degree murder. Here the court considers the appellate deference (SOR) to be accorded determinations of 'parole eligibility':
[162] Fixing a period of parole ineligibility, is a matter for the discretion of the trial judge. This court will not interfere with the period of parole ineligibility fixed by the trial judge absent a demonstration that the parole ineligibility period set by the trial judge is demonstrably unfit: R. v. Gager, 2020 ONCA 274, at para. 158, leave to appeal refused, [2020] S.C.C.A. No. 444.
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