Small boats make their way through the Frobisher Bay inlet in Iqaluit on Friday, Aug. 2, 2019. Offenders in Nunavut should not get shorter jail sentences because of the COVID-19 pandemic, says Nunavut’s top judge. In a decision released Sept. 17, Neil Sharkey, Nunavut’s chief justice, said while the pandemic should be taken into account when determining a fit sentence, it should not automatically reduce it. THE CANADIAN PRESS/Sean Kilpatrick

Top Nunavut justice says judges can’t be too lenient with sentences during pandemic

The Criminal Code says judges can deduct up to 1 1/2 days from an offender’s sentence

Offenders in Nunavut should not necessarily get shorter jail time because of the COVID-19 pandemic, says Nunavut’s top judge.

Chief Justice Neil Sharkey says while the pandemic should be taken into account when determining a fit sentence, it should not automatically reduce it.

“I am of the view an informed and sympathetic public does not support the blanket proposition that all jail sentences during the time of COVID-19 should be reduced because of restrictive prison conditions and/or the increased risk of infection of the offender,” Sharkey wrote in a decision released last week.

Nunavut has not had any of its own cases of COVID-19, although three have been brought in by mine workers from outside the territory.

Sharkey also said people in custody waiting for a court appearance during the pandemic should not receive additional credit because the Criminal Code doesn’t allow it.

“I have no jurisdiction to allow additional or enhanced remand credit during COVID-19 beyond that already allowed by the Criminal Code. Only a successful constitutional challenge to the current limitation would allow for additional enhanced remand credit.”

The Criminal Code says judges can deduct up to 1 1/2 days from an offender’s sentence for each day served in remand.

Sharkey did urge sentencing judges in Nunavut to take COVID-19 into account when fixing a sentence.

He said he believes there is public support for the idea that if an offender “has already been punished by an increased risk of exposure to the virus,” then time spent on remand should be a sufficient penalty.

“This is not just the decent and humane thing to do, it also speaks to public health concerns – one less person in remand translated to less risk to the community,” Sharkey wrote.

He suggested an offender would be “getting a discount,” but at the same time, would already have been punished.

“They have already suffered the psychological stress associated with a risk of infection … to a greater degree than the rest of society.”

The approach wouldn’t be appropriate in a case where a lengthy penitentiary sentence would be appropriate, Sharkey noted.

At the centre of Sharkey’s decision is the case of Gordon Pangon, 27, who pleaded guilty to assaulting his spouse and to breaching his bail terms.

Sharkey sentenced the man from Cambridge Bay, Nunavut, to 180 days in the Rankin Inlet Healing Facility, a 48-bed, low- and medium-security jail. Sharkey gave Pangon 1 1/2 times credit for the 66 days he had spent in remand, leaving him with 80 days to serve.

Pangon spent 14 days in isolation when he was first put into custody, as required by COVID-19 prevention measures. He was given a short amount of time each day to shower and use the telephone, but was not allowed to socialize with other inmates and could not take part in rehabilitative programming.

Nunavut’s jails had also suspended all outside visits and were closed to the public as part of pandemic precautions.

Pangon’s lawyer had requested that his client receive an additional 1 1/2 days in credit for the two weeks he spent in isolation.

Sharkey denied the request.

“I do not favour deducting a specific amount of time from an otherwise fit and proper sentence simply because of restrictive conditions which may be in place on the day the offender is sentenced,” Sharkey wrote.

All restrictions brought in earlier during the pandemic at Nunavut’s correctional facilities were lifted in June.

This story was produced with the financial assistance of the Facebook and Canadian Press News Fellowship

Emma Tranter, The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The Prince George RCMP is asking for the public’s help to find 29-year-old Colin Michaud Durrand. He has a history of violence and is considered to pose an increased risk to public safety, according to police, who advise the public not to confront Durrand if he is located. (Photo Submitted by RCMP)
Prince George RCMP ask for help locating violent ‘priority offender’ with ties to Quesnel

RCMP says Colin Michaud Durrand, 29, recently lived in Quesnel but may frequent Hixon, Prince George

The outhouse at the Milburn Lake Public Access after the Oct. 17 work bee. Pictured here, from left, are Bouchie Lake Watershed Stewardship Society volunteers Doug Nielsen, Dan Aussant, Richard Armstrong and Bob Ross. (Photo Submitted)
Volunteers fix foundation of Milburn Lake Public Access outhouse

The Bouchie Lake Watershed Stewardship Society recently held a work bee at the site

An air cadet and RCMP officer stand guard over Quesnel’s Cenotaph during the 2019 Remembrance Day ceremonies. The COVID-19 pandemic has cancelled all public memorial ceremonies set for Nov. 11. (File Photo - Quesnel Cariboo Observer)
Quesnel Remembrance Day ceremonies on hold for 2020

There will be no public event, but residents are encouraged to observe two minutes of silence

Cariboo Regional District Area A Director Mary Sjostrom, School District 28 board chair Dave Chapman and Quesnel Mayor Bob Simpson plant ceremonial shovels into the ground at what will become Quesnel’s newest school during a ceremony Tuesday, Oct. 20. (Cassidy Dankochik Photo - Quesnel Cariboo Observer)
Construction begins on new Quesnel Junior School

A groundbreaking ceremony was held to kick off the two-year project

B.C. Conservative Leader Trevor Bolin and Cariboo North candidate Kyle Townsend were practising proper physical distancing during a campaign stop in Quesnel on Saturday, Oct. 17. (Cassidy Dankochik Photo - Quesnel Cariboo Observer)
Bolin first party leader to visit Quesnel

The B.C. Conservative Pary’s leader made the stop to support Kyle Townsend

Provincial health officer Dr. Bonnie Henry presents modelling of COVID-19 spread in B.C., March 25, 2020. (B.C. government photo)
B.C. sets another COVID-19 record with 203 new cases

up to 1,766 active cases in B.C., two more deaths

RCMP. (Phil McLachlan - Black Press Media)
British Columbia man dies during ski trip near glacier west of Calgary

Kananaskis Public Safety and Alpine Helicopters responded around 2:30 p.m.

Prime Minister Justin Trudeau arrives on Parliament Hill in Ottawa on Monday, Oct. 19, 2020, following a week-long break for the House of Commons. THE CANADIAN PRESS/Sean Kilpatrick
One crisis after another for Trudeau since last federal election one year ago

It has been a year of unprecedented calamity and crisis

Rio Tinto Alcan’s aluminum smelter at Kitimat competes against producers in the Middle East and Russia that have no carbon tax. (Rio Tinto)
B.C. carbon tax highest in Canada, export industries unprotected

B.C. NDP, B.C. Liberals say they’re looking at exemptions

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

(Pixabay)
Vancouver teacher suspended after swearing, touching students and complimenting underwear

McCabe touched students, including rubbing their backs and necks, touching their hair and hugging them

A glimpse of some of the 480 (approx) cars written off as a result of the acid spills along the Trail highway in 2018. Photo: Trail Times
2 years after huge highway acid spill, Kootenay Ford dealer’s frustration grows with ICBC

Trail AM Ford owner Dan Ashman says he just wants fair compensation from ICBC

Mail-in ballot from Elections BC (Katya Slepian/Black Press Media)
At least 26% of eligible voters have already cast their ballot, Elections BC says

Voters can cast a ballot until 8 p.m PST on Election Day

Most Read