Deadtime

R. v. Monje, 2011 ONCA 1, the first décision of the Court of Appeal for 2011, makes clear that the Court continues to see deadtime as more onerous than regular custody and so worthy of special consideration. While Monje arose under the old provisions governing credit for deadtime, the comments may well be relevant in submission on sentencing where there has been extensive deadtime :

[22] Understanding the parole issue for sentencing purposes begins with the acknowledgment that pre-sentence custody – where for most of the time that someone is incarcerated, they are presumed innocent – is more onerous than post-sentence custody. There are at least two recognized and well documented reasons for this.

[23] First, other than for a sentence of life imprisonment, legislative provisions for parole eligibility and statutory release do not take into account time spent in custody before sentencing. Second, local detention centres ordinarily do not provide educational, retraining, or rehabilitation programs to an accused in custody awaiting trial.