Sentencing To Fit The Crime

Sentencing To Fit The Crime

Description image by Rob Nicholson Minister of Justice and Attorney General of Canada; MP, Niagara Falls, ON, Conservative Party of Canada.
  • First Posted: Feb 24 2010 02:48 AM
  • Updated: 4 months

The Truth in Sentencing Act is a major step forward in restoring Canadians’ confidence in the justice system.

Canadians lose faith in the criminal justice system when they feel that the punishment does not fit the crime. They have told us they want criminals – particularly violent offenders or those involved in gangs and organized crime – to serve a sentence that is proportionate to the severity of their crimes.

I am pleased to write that we have met those expectations in the Truth in Sentencing Act, which came into force Monday, February 22. This piece of legislation strictly limits the amount of credit granted for time served in custody prior to sentencing, thereby ensuring offenders will serve sentences that are more appropriate.

In the past, courts often applied a credit of two-for-one for time served in pre-trial custody when sentencing criminals. In some circumstances, certain offenders even received a three-for-one credit.

This awarding of extra credit led not only to the perception that sentences were too lenient, it also led to the reality that, all too often, criminals were being released back onto our streets far too soon.

Like the majority of Canadians, our government believed that this situation was unacceptable. So, we acted on it.

The Truth in Sentencing Act provides Canadian courts with guidance for the practice of granting “credit for time served.” It now limits the amount of credit that criminals receive for their time in pre-sentencing custody to a one-to-one ratio, except in exceptional circumstances.

Despite the widespread support from law enforcement, provincial and territorial attorneys general, and the Canadian public, this important piece of legislation faced significant hurdles on its way through the minority parliament.

Notwithstanding the unanimous support from all parties in the House of Commons, unelected, unaccountable Liberal Senators took steps to gut the legislation, legitimizing the current practice of awarding double credit for time served.

But thanks to the hard work of Conservative Senators and members of Parliament, provincial attorneys general, especially those from Alberta, Saskatchewan, and Manitoba, police and victims associations, and the overwhelming support of Canadians, this act has now seen the light of day.

The Truth in Sentencing Act is a major step forward in restoring Canadians’ confidence that justice is being served, and we won’t stop there.

As we move forward, our government will continue to listen to Canadians and work with our partners to improve the administration of justice, advance our crime agenda, and make our streets and communities safer.

TAGS: Politics

Comments

Re:Marks

rules of engagement

Interesting column, along with a few interesting bits of rhetoric. The act is called "Truth in Sentencing". You can read an interesting appraisal of the impact of such laws here - http://www.justicejournalism.org/fellowships/fellows/criminal/2004_mary_zahn.html . In spite of a steady drop in crime rates over the last decades, the Conservatives are banging the law and order drums - more vengeance. Harsher sentencing, tougher laws. What next? Poor houses, as the Conservatives take us back to the times of Dickens in their treatment of criminals. The Conservatives, bravely marching ahead into the Dark Ages in crime and punishment, as they are on so many other issues.

Brent Beach

Mr. Nicholson, how can anybody take you seriously when you say "...our government will continue to listen to Canadians...", and you continue to aid and abet organized crime, by towing the outdated and failed Drug War line being led by the Americans?

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