Yukon judge wrong to ignore Truth in Sentencing law: Appeal court
Chief Judge Karen Ruddy argued the new rules are constitutionally flawed
Yukon’s court of appeal has overruled a Yukon judge's ruling that challenged Ottawa's “truth in sentencing" legislation.
The appeal court says Chief Judge Karen Ruddy was wrong to ignore the federal sentencing rules for an aboriginal offender.
The ruling means David Chambers will not get enhanced credit for time served in pre-trial custody at the Whitehorse jail.
In Judge Ruddy's controversial ruling last fall, she called the truth in sentencing legislation "constitutionally flawed" and argued that "it has a grossly disproportionate impact on aboriginal offenders."
The Truth In Sentencing Act provides for mandatory minimum jail terms for certain crimes.
It also limits allowances for early release or parole before jail sentences are served in full.
There's no word on whether the case will be appealed to the Supreme Court of Canada.