Taking into account pre-sentence custody and the availability of certain sentencing measures / : Prise en compte de la détention préventive et la disponibilité de certaines mesures sentencielles

Mathieu.25 [45] Two aspects of the Supreme Court's decision ares idceorned problematic: the deduction of pre-sentence custody before the deinteartimon of whether the two-year threshold is met and the obligation to meet thes thor ld on individual counts. [...] The sameaes or ning applies to the requirement in the long-term offender prioovnis that the court impose a sentence of at least two years. [...] If the sentence imposed biya la j utrdge, having regard to the credit that the trial judgvee gsi for pre-sentence incarceration, is the equivalent of a sentence of two years ore m, tohre first pre-condition to the finding that an offender is a long-term offende mr iest.28 [69] Similar results were reached Rin. [...] To illustrate, we note that the endorsement on the Information in thise ,c aslthough referring to the predisposition custody and the credit given fo re itc,ords the sentence imposed as 60 days intermittent, to be followed by a term orof bpation for three years. [...] Option #3 [102] A third option is to modifyC riminal Code s. 719 by adding a subsection that says: 2 0 UNIFORM LAW CONFERENCE OF CANADA When the availability of a sentencing measure osre nat encing consequence is dependent on the length of the custodial portio nth oaft sentence, the applicable criteria is the length of custody deemed approep rbiaetfore credit is granted for pre- sentence custody,