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B.C. Appeal Court declares provision on pretrial custody credit unconstitutional

Monday, February 05, 2018 @ 8:40 AM | By Ian Burns

The British Columbia Court of Appeal has declared a provision of the Criminal Code limiting pretrial custody credit for certain offenders to be unconstitutional, a decision that was called inevitable given a prior Supreme Court ruling on the same section of the Code.

The genesis of the decision in R. v. Romanchych 2018 BCCA 26, released Jan. 26, dates back to March 2015, when Colby Romanchych was found with loaded guns and stolen credit cards. He applied for and was granted bail, but in May 2015...