The Supreme Court of Canada has once again softened the Conservative government's tough-on-crime agenda.
In a unanimous 7-0 ruling, the high court has affirmed the amount of pre-trial credit that offenders can receive for time spent in custody before they are sentenced.
The Conservatives have implemented tougher pre-trial custody and sentencing provisions for repeat and violent youth offenders by removing the long-held provision of giving an offender credit for double the time served in pre-trail custody.
The Tories removed the provision, but allowed for a credit of 1.5 times in exceptional circumstances.
The Supreme Court has ruled that pre-trial custody constitutes a circumstance that warrants the 1.5 credit.
"Had Parliament intended to alter the well-established rule that enhanced credit compensates for the loss of eligibility for early release, it would have done so expressly," the ruling stated.
This was not a constitutional case, and the ruling does not strike down any laws.
But it will provide guidance for judges when they sentence offenders.
The court ruling involved two separate criminal cases, including one involving a young man convicted of manslaughter in the shaking death of his infant daughter, who was given the 1.5 credit.
Sean Summers, 20, had his eight-year sentence reduced to six year and eight months to reflect the credit.
The ruling comes one day after the Supreme Court of Canada agreed to hear two more cases on whether the government's changes to mandatory-minimum sentences for unlawful gun possession are constitutional.
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