Rounded Corner

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Rounded Corner

ANOTHER ONE BITES THE DUST – PART 2 – ENHANCED CREDIT FOR PRE-TRIAL CUSTODY

“Parliament revised this regime in 2009. It did not do away with enhanced credit, but it capped that credit at one and a half days for each day of pre-sentence custody. Parliament also — which brings us to the issue in this case — removed a sentencing court’s discretion to give any enhanced credit to offenders for pre-sentence custody, if they were denied bail primarily on the basis of their criminal record. I conclude that the provision infringes s. 7 of the Charter (right to life, liberty and security), and is not justified under s. 1 of the Charter.”

Source: R. v. Safarzadeh‑Markhali – SCC Cases (Lexum)

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