The Supreme Court’s recent ruling on the application of the Truth in Sentencing Actwas depicted in various media outlets as being part of a trend of recent decisions rebuffing the Conservative government’s justice agenda. While this could describe a number of recent decisions, the current ruling is more nuanced.
According to the Canadian Press:
They also represent the latest in a series of court rebukes of the Conservative government’s law-and-order agenda.
Sean Fine in the Globe and Mail likewise stated:
The Conservative government’s attempt to detain thousands of prisoners for longer periods has been blocked, in the newest in a series of crushing defeats at the Supreme Court of Canada.
As the Supreme Court decision notes, enhanced credit is often provided for accused who have been remanded in jail, and historically, there were no restrictions on the reasons for giving credit or the rate at which it was granted. A practice developed over time to grant credit at a 2:1 rate. The new Truth in Sentencing Act caps pre-sentence credit at 1.5:1, but does not discuss which circumstances justify enhanced credit.