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

Aaron Hemens is the editor for the Creston Valley Advance. Photo: Rame Kader
Editorial: Challenge your biases

“It requires a lot of courage and strength for someone like Mary Jayne to write her own story about her life as a woman in the Blackmore family. No matter your stance on the Blackmores, it’s important to listen.”

Tanya Finley will run as the Nelson-Creston candidate for the BC Liberals in the upcoming election. Photo submitted
Tanya Finley will run as the Nelson-Creston candidate for the BC Liberals in the upcoming election. Photo submitted
Election 2020: Tanya Finley

The second of four interviews with the Nelson-Creston candidates

A health-care worker prepares to swab a man at a walk-in COVID-19 test clinic in Montreal North, Sunday, May 10, 2020, as the COVID-19 pandemic continues in Canada and around the world. (THE CANADIAN PRESS/Graham Hughes)
Interior Health records 21 new COVID-19 cases over the weekend

Thirty-six cases remain active; two people are in the hospital, one of whom is in intensive care

The building location of Creston’s Royal Canadian Legion Branch 29 has undergone a number of different improvements since closing in March 2020. (Aaron Hemens - Creston Valley Advance)
Creston Royal Legion Branch 29 to host outdoor Remembrance Day service, parade

The outdoor service will follow public health measures and will be live-streamed through Swift Internet. Anyone planning on attending the event is asked to bring a lawn chair and dress warmly.

Local birder Kate Hall watches for birds through a telescope. Photo: Tanna Patterson
2021 Creston Bird Festival scheduled for May

Next year’s festival will be scaled down in comparison to previous years, and the committee has selected a COVID-19 coordinator to ensure that public health guidelines are followed

Working smoothly together on May 11, 2020, health minister Adrian Dix, B.C. Liberal health critic Norm Letnick, provincial health officer Dr. Bonnie Henry and sign language interpreter Nigel Howard. (B.C. government video)
COVID-19 co-operation a casualty of B.C.’s pandemic election

NDP’s Horgan weaponizes senior care, B.C. Liberal Wilkinson calls for ‘wartime economy’

Three years ago, Larry Plummer challenged himself to hike up to the flag viewpoint on the Montrose Antenna trail 1,000 times. Photo: Gordon McAlpine
Senior celebrates 500th hike up Kootenay trail

Larry Plummer began his quest to complete 1,000th hike up Antenna Trail just over three years ago

A 34-year-old man was treated for a gunshot wound in Williams Lake Monday, Oct 19, 2020. (Angie Mindus photo - Williams Lake Tribune)
Williams Lake man treated for gunshot wound after accidental shooting: RCMP

Police are reminding residents to ensure firearms are not loaded when handling them

A injection kit is seen inside the newly opened Fraser Health supervised consumption site is pictured in Surrey, B.C., Tuesday, June 6, 2017. THE CANADIAN PRESS/Jonathan Hayward
B.C. records 127 fatal overdoses in September, roughly 4 each day

Vancouver, Surrey and Victoria continued to see the highest numbers of overdoses

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Investigators work at the Sagmoen farm in Silver Creek. - Image credit: Observer file photo.
Sex workers allegedly called to farm of Okanagan man convicted of assault, RCMP investigating

Curtis Sagmoen, convicted in relation to assault of sex trade workers, is prohibited from soliciting escorts

(Black Press Media files)
Early voters more likely to favour NDP, but overall B.C. election is tightening: poll

According to Elections BC, 383,477 people cast a ballot during advanced voting days

(Pixabay)
Wave of racist emails ‘unleashed’ on B.C. researchers investigating racism in health care

The team has received close to 600 calls and emails since the investigation started in July

Most Read