What is pretrial custody credit in Canada?
Under section 719(3) of the Criminal Code, time spent in pretrial custody must be credited toward a sentence. The default credit is 1.5 days for every 1 day of presentence custody (enhanced credit), reflecting the loss of parole eligibility and harsher conditions in remand. The Crown can argue for reduced credit (1:1) if the accused was detained due to a prior conviction or was found guilty of delaying proceedings.
Can I receive 1.5:1 credit automatically?
No. Enhanced credit (1.5:1) is the default but can be reduced to 1:1 by the court if the accused was denied bail because of their criminal record, or if they caused undue delay in proceedings. The court must give reasons for departing from the 1.5:1 default under s. 719(3.1) of the Criminal Code.
Does pretrial custody affect parole eligibility?
Yes, but only indirectly. The credited days reduce your sentence on paper. However, pretrial custody in a provincial remand facility does not count toward federal parole eligibility the same way sentenced custody does. This is one reason Parliament enacted the 1.5:1 default — to compensate for the harsher conditions and lost parole rights in remand.
What if I was held in remand for years before trial?
In extreme cases, courts have applied pretrial custody credit that effectively satisfies the entire sentence, leading to 'time served' dispositions. This is most common where delays were caused by the Crown or systemic issues. The Supreme Court of Canada in R v Jordan (2016) set strict timelines for trial completion, reducing lengthy remand periods.