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Copperlaw
Copperlaw, Lawyer
Category: Canada Criminal Law
Satisfied Customers: 2013
Experience:  Criminal Defense Attorney Retired Cop Drug Expert, Undercover Negotiator Breath Tech Traffic Specialist
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My friend represented mself on charges of fraud and proceeds

Customer Question

My friend represented himself on charges of fraud and proceeds of crime in Saskatchewan, Canada, he was convicted. The amount was $650,000. He is now doing his sentencing himself. These crimes took place before 2010 (truth in sentencing act) so it is my
understanding that he is eligible for 2 for 1 credit for the time he has been in remand. Can you clarify/confirm this fact and provide case law that backs this up that he can present to the Judge at sentencing?
Submitted: 1 year ago.
Category: Canada Criminal Law
Expert:  Copperlaw replied 1 year ago.

Good evening, I would be happy to assist you with this question.

Unfortunately, the maximum credit that can be given for pretrial custody is 1.5 to 1. It used to be that credit of 2 or even 3 days to 1 was given depending upon the circumstances, however the Supreme Court has ruled that the maximum credit cannot, under any circumstances, exceed 1.5 to 1. This is confirmed in the case of R v. Summers.

This is not like a case where an individual was charged prior to the introduction of mandatory minimums or where offences have changes through the passage of time. The Summers case clarified the Principles of Sentencing and the application of credit for presentence/pretrial custody. The Courts are simply forbidden from giving more than 1.5 to 1 credit.

I know that this isn't what you were hoping to hear, but it is the current state of the law.

Please let me know if you require any clarification or have further questions.

Jim

Expert:  Copperlaw replied 1 year ago.

Hi, I see that you were back in and viewed my response but left no reply. Please let me know if you are satisfied with the information I have provided or if there is any other information I can provide.

Also, please take a moment to leave me a positive rating as this helps in building my reputation here on the site.

Regards

Jim

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