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

Father Charles has devoted his life to protecting and preserving natural habitats and has inspired generations of volunteers to work together to protect and preserve forests and rivers. Photo submitted
Valley environmentalist and Catholic priest-hermit Father Charles Brandt passes away

He devoted his life to protecting and preserving natural habitats

Carolyn and Steve Touhey came across a pod of humpback whales while on their boat Sunday, Oct. 25. Photo supplied
VIDEO: Boaters encounter pod of humpbacks near Comox

A Comox Valley family had a meeting with a humpback whale family… Continue reading

Candice Woloshyn prepares her flower beds for the next season at her ‘Dirty Girl Flowers’ farm in Merville. Despite the pandemic, Woloshyn was able to sustain her homegrown business as community members opted for regular deliveries of fresh cut flowers. Photo by Binny Paul/ Campbell River Mirror.
Vancouver Island flower farmers were blooming as the pandemic wilted everything else

Floriculturists saw increased subscriptions as fresh flowers became a ‘sight for sore eyes’ during isolation

The Bernice Friesen novel, “Universal Disorder,” will be launched via Zoom on Nov. 14. Photo supplied.
Fat Oyster Reading Series hosting online launch of new novel by Comox Valley author

Fanny Bay’s Fat Oyster Reading Series is going digital, for the launch… Continue reading

Provincial health officer Dr. Bonnie Henry arrives for briefing on the COVID-19 situation, B.C. legislature, Oct. 26, 2020 (B.C. government)
B.C. records 217 more COVID-19 cases, mask use urged

Infection spike continues, 21 senior facilities affected

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

Los Angeles Dodgers celebrate after defeating the Tampa Bay Rays 3-1 to win the baseball World Series in Game 6 Tuesday, Oct. 27, 2020, in Arlington, Texas. (AP Photo/David J. Phillip)
L.A. Dodgers beat Rays 3-1 to win 1st World Series title since 1988

National League champs claim crown in six games

Seven-year-old Aaliyah Rosa was found dead in an apartment in Langley in July. (Langley Advance Times files)
Child’s body cold, no pulse: Off-duty cop testifies in Langley mother’s murder trial

The seven-year-old girl’s mother faces a first-degree murder charge

A picture of John taken at Children’s Hospital Vancouver last week. Photo courtesy, Alicia Sewid.
RCMP investigating after young boy run over by SUV in Campbell River parking lot

The seven-year-old has multiple injuries including a broken pelvis and was admitted to Children’s Hospital in Vancouver

People march during a climate strike in Montreal, Friday, Sept. 27, 2019. THE CANADIAN PRESS/Graham Hughes
Judge rejects 15 youths’ climate change lawsuit against Canadian government

Justice Michael Manson has granted the government’s motion to strike the plaintiffs’ claim

Starting Saturday and continuing until April 3, the Comox Valley Farmers Market will operate at the Native Sons Hall and the parking lot between the hall and the Sid Williams Theatre. (File photo)
Comox Valley Farmers Market secures space

Starting Saturday, Oct. 31, the Comox Valley Farmers Market will expand its… Continue reading

Most Read