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The mitigating effect of bad jail time

Thursday, February 25, 2016 @ 7:00 PM | By Tyler Smith

A Correctional Services strike was narrowly averted recently in Ontario. According to nearly all of my clients, the conditions inside the jails leading up to this were particularly harsh. There were frequent lockdowns, cancelled visits with family and lawyers, no showers or clean clothes and even worse food than usual. When can defence counsel seek a sentence reduction based on this sort of treatment?

When Parliament passed the Truth in Sentencing Act in 2009, it limited the power of judges to grant extra credit for conditions...