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

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

One of the oil paintings stolen from a season home near the boat launch on Kuusamo Krest. (Photo Submitted)
Sylvan Lake RCMP search for paintings stolen from vacation home

Three original paintings were reportedly stolen from a seasonal home

A lone skater practises his shot on a melting outdoor rink recently. As of March 2, all outdoor skating rinks, including the ones on the lake, are closed for the season. (Photo Submitted by Town of Sylvan Lake)
All outdoor skating rinks in Sylvan Lake closed for the season

The Town announced Tuesday morning the rinks on the lake were also closed due to the warm weather

Alberta Premier Jason Kenney said Thursday that the province may consider a regional approach to loosening COVID-19 restrictions if numbers continue to decline. (photo by Chris Schwarz/Government of Alberta)
Province further easing health restrictions

Numbers of people hospitalized and in intensive care has dropped dramatically, says premier

Eric Rajah, co-founder of A Better World. (Photo Submitted)
Two Lacombe residents recieve award from Governor General for chairty work

Eric Rajah and Brian Leavitt co-founded A Better World, a charity which started in Lacombe in 1990

Kjeryn Dakin, owner of Bukz, Bukwildz and Doe(s) Pizza on Lakeshore Drive, has been nominated for the Women Entrepreneur of Distinction award by the Alberta Chamber of Commerce. (Photo by Megan Roth/Sylvan Lake News)
Sylvan Lake business woman nominated for provincial and national award

Kjeryn Dakin is nominated for two female entrepreneur awards on a provincial and national scale

Ryan Jake Applegarth of Ponoka, 28, is scheduled to appear at Ponoka Provincial Court on March 12, 2021. (File photo)
Discussions about justice continue as Ponoka murder victim’s case proceeds

Reaction to comments Ponoka Staff Sgt. Chris Smiley made to town council last month

Dr. Stanley Read
Hometown Bashaw doctor recognized with alumni award for AIDS work

Dr. Stanley Read, born and raised in Bashaw, is considered a global health leader

A copy of the book “And to Think That I Saw It on Mulberry Street,” by Dr. Seuss, rests in a chair, Monday, March 1, 2021, in Walpole, Mass. Dr. Seuss Enterprises, the business that preserves and protects the author and illustrator’s legacy, announced on his birthday, Tuesday, March 2, 2021, that it would cease publication of several children’s titles including “And to Think That I Saw It on Mulberry Street” and “If I Ran the Zoo,” because of insensitive and racist imagery. (AP Photo/Steven Senne)
6 Dr. Seuss books won’t be published for racist images

Books affected include McElligot’s Pool, On Beyond Zebra!, Scrambled Eggs Super! and The Cat’s Quizzer

AstraZeneca’s vaccine ready for use at the vaccination centre in Apolda, Germany, Sunday, Feb. 28, 2021. THE CANADIAN PRESS/Michael Reichel/dpa via AP
National panel advises against using Oxford-AstraZeneca’s COVID-19 vaccine on seniors

NACI panel said vaccines from Pfizer and Moderna are preferred for seniors ‘due to suggested superior efficacy’

Shipping containers are seen at the Fairview Cove Container Terminal in Halifax on Friday, Aug. 25, 2017. THE CANADIAN PRESS/Andrew Vaughan
Canadian economy contracted 5.4 per cent in 2020, worst year on record

Drop was largely due to shutdowns in the spring as COVID began to spread

A ” Justice for Jeff” T-shirt. (Photo submitted)
Rally to be held outside Red Deer courthouse for slain Ponoka man

Sentencing for accused charged with manslaughter with a firearm set for March 4

THE CANADIAN PRESS/Jeff McIntosh
Time to check the mail: Every household to receive a Canada Post postcard this spring

Postcard can be mailed for free to any address in Canada

A cross-country skier glides along the banks of the Ottawa River in Ottawa on Thursday, Feb. 25, 2021. Canadians across the country can look forward to a mild spring peppered with the odd winter flashback throughout the first part of the season, according to predictions from one prominent national forecaster. THE CANADIAN PRESS/Sean Kilpatrick
Mild spring with some wintry blasts predicted for most of Canada: Weather Network

Weather Network is forecasting a slower than average start to spring in British Columbia

Most Read