Crown to defend Truth in Sentencing Act in N.W.T. court

A Crown prosecutor will defend the federal Truth in Sentencing Act next month in a Yellowknife Court of Appeal, arguing that a Fort Providence man convicted of sexual assault should have to spend another year in jail.

Introduced in 2009, the Truth in Sentencing Act states that people who have been denied bail because of their criminal record can be given no more than one day of credit for every day they spend in jail before sentencing. Before the act was put into place, judges decided how much credit to give for time served.

In July of 2014, Northwest Territories Supreme Court Justice Louise Charbonneau said the act violates the Charter of Rights and Freedoms.

Charbonneau made the declaration in sentencing a Fort Providence man, Patrick Nadli, who was found guilty of sexual assault causing bodily harm. Nadli was denied bail twice prior to sentencing because of his extensive criminal record.

In a written decision, Charbonneau said then that denying Nadli extra credit for pre-trial custody amounts to punishing him twice for his past crimes. Charbonneau said that discouraging defendants from seeking bail because they are worried about having to serve a longer sentence also violates the right to bail, which is entrenched in the constitution.

Charbonneau gave Nadli, who had spent two years in jail before sentencing, three years credit for his time served.

Nadli was handed a five year sentence for his conviction, leaving him with two years left to serve after Charbonneau's decision.

Next month, a Crown prosecutor will attempt to convince the Court of Appeal to declare that the 1 to 1 limit for pretrial custody is valid, effectively adding a year to the jail time Nadli was given.

If the appeal fails, Charbonneau's ruling will remain binding, setting a precedent for all lower levels of court in the Northwest Territories.