An Analysis of the Issue of “Delay” for Sentencing Purposes by Accused Held in Remand (March 2009)

“…officials within the justice system, primarily Attorney’s-General, Solicitors-General, and police, have publicly commented that a primary reason for the over-crowding and rising remand populations is that those in remand are looking to increase the time spent in remand so that upon conviction and sentencing, the time spent will be credited at the rate of 2:1 or even, in some (very rare) instances, 3:1. In other words, many held in remand are either instructing their defense counsel to “delay” their matter as much as possible or, defense counsel are advising their clients to so instruct them…This Analysis examines this issue from a primarily evidentiary basis, with the intent being to help inform Canadians on this important issue; in other words, to “test” the advisability of this legislative course of action.”