SCC Decides Pre-Trial Credit Case – provision is overbroad and unconstitutional

On April 15, 2016, the Supreme Court of Canada decided that a provision limiting the discretion of a judge to give enhanced pre-trial credit was overbroad and unconstitutional.

The West Coast Prison Justice Society/Prisoners’ Legal Services was represented at the Supreme Court of Canada by Greg Allen and Ken Leung in R v Safarzadeh-Markhali.

A provision of the Truth in Sentencing Act, which was enacted as part of the Harper government’s “tough on crime” agenda, prohibited a trial judge from giving more than one-for-one pretrial credit if a justice of the peace denies bail to the person because of a previous conviction.

Congratulations to all involved in this important case, and a special thanks to Greg and Ken who represented us pro bono.

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