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Justice Minister Rob Nicholson holds a news conference in Ottawa to discuss Bill C-25, on Tuesday, Feb. 23, 2010. (Fred Chartrand / THE CANADIAN PRESS)

Feds scrap extra credit for pre-sentence jail time

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CTV News Video

CTV Winnipeg: Kelly Dehn covers the change
The federal government will end the controversial 'two-for-one' sentencing credit this week. While some say the rule should stay in effect because of prison conditions, victims say it only promotes abuse.
CTV News Channel: Justice Minister Rob Nicholson
The federal justice minister explains the new changes to sentencing which will scrap the 'two-for-one' and sometimes 'three-for-one' deals on time served during pre-trial custody.
CTV News Channel: Rob Nicholson speaks to media
The federal Minister of Justice Rob Nicholson says criminals will no longer receive double credit for time served in custody prior to conviction.

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Justice Minister Rob Nicholson holds a news conference in Ottawa to discuss Bill C-25, on Tuesday, Feb. 23, 2010. (Fred Chartrand / THE CANADIAN PRESS)

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Justice Minister Rob Nicholson holds a news conference in Ottawa to discuss Bill C-25, on Tuesday, Feb. 23, 2010. (Fred Chartrand / THE CANADIAN PRESS)

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Date: Tue. Feb. 23 2010 9:27 PM ET

Canadians convicted of crimes will no longer be eligible for double or triple credit for time served in pre-sentence custody, under new legislation that came into effect Tuesday.

Bill C-25 limits the amount of credit for time served at a one-for-one ratio, meaning that individuals are only to be given one day of credit for each day they spend in custody prior to sentencing.

Judges can award a credit ratio of 1.5-for-one under extenuating circumstances, such as a trial being delayed through no fault of the accused. A reason for the extra credit must be entered into the court record.

However, the legislation also stipulates that judges are not allowed to consider extra credit for time served for offenders who have violated bail conditioners, or who have been denied bail based on their criminal record.

Justice Minister Rob Nicholson said Tuesday that the need for such a bill has risen over the last 20 years, as convicted criminals began to receive double and sometimes triple credit for time served.

"This was undermining people's confidence in the criminal justice system," Nicholson told CTV News Channel. "And we were only too happy to respond to that by bringing in what we call the Truth in Sentencing Act, which says that the normal procedure now will be one-for-one credit."

According to Nicholson, the bill is also a response to complaints by provincial attorneys general, who have told him about cases where suspects request they not have a bail hearing in order to spend more time in custody and "rack up credits."

"This doesn't do the system any good at all, and provincial attorneys general have been unanimous in telling me that this is helping to clog up the system," Nicholson said. "This means the provincial resources and provincial facilities are all being taxed unnecessarily by people who are delaying the disposition of their case. So again, we were pleased to respond to that."

Alison Redford, Alberta's justice minister and attorney general, was among a number of provincial justice ministers to support the legislation.

"Sentences must reflect the seriousness of the crime, and the damage inflicted upon victims and communities," Redford said in a statement.

Comments are now closed for this story

E.Trauq
said

Well its about time. Finally we are beginning to move in the right direction in our justice system. Next life means life, with no parole PERIOD.


Kim
said

George,...the only reason that the Creba case took five years and with the sad outcome in the end is because our entire justice system is a joke....the lawyers involved are paid huge dollars to seek out every loophole in our laws and to let the criminals run free.....I have just seen a situation where two opposing counsels spent an entire month sending back and forth letters arguing whether or not court should be a full day or a half day....I am sure you can figure out who paid for their time and we are talking about a bill for the month in the thousands....


Kim
said

This is about time....if we left the criminals in for their entire sentence, we wouldn't have to incur the expense of a second set of court actions and tax payer funded legal bills because they reoffended. Our sentences in this country are simply a JOKE anyway....


GKS
said

finally a breath of fresh air in legal system. We should scrap liberal crime bills especially Goyer period and put onus on longer sentences & helping victims not criminals Build 1 or 2 more prisons. Stop waitng for 20-30 crimes to be committed before jailing these guys 3 strikes your out.


Erica
said

I strongly feel that this Bill is terrific. I have seen accused persons attempt to "pre-serve" their sentence WAY too many times. I understand that some people may feel that our justice system takes a substantial amount of time before Trials and or a finding of guilt / innocence, However, there are so many factors that are taken into consideration. Most of our accused persons (here anyways) are before the courts within two weeks of being formally charged, Many accused decide to reserve their plea several times before deciding how they would like to plea. Once an accused person pleads not guilty, generally, Trials run about 6 months later. There are a many of things than can clog up our system. For example, waiting on forensic evidence from one of the five RCMP forensic labs in Canada, scheduling conflicts regarding the availability of the Judge, the Crown, the accused and/or their lawyer, the Police Officers, Witnesses, Experts etc, the accused changing their minds on whether they have a QB Trial or a Provincial Court Judge Trial, the accused incurring more charges while out in the community etc etc. I feel that it is quite a rare occurence where a trial is post-poned due to the length of time it takes for evidence to come in unless it is a very serious charge, where it can be reasonably expected to take time to gather evidence. I also don't feel that there are many BS charges. Who in their right mind would want to perform all of the investigating, paperwork, time away from other files & families on a BS charge?


Trevor
said

Makes total sense. Why should there be an incentive for the accused and their lawyers to purposely delay trials. Maybe with the game playing gone we can clear some of the backlog.


Teresa
said

Fantastic!!! About time! Our justice system just took one step towards not being the ultimate joke.


back and to the left
said

Hooray! The republicans finally have something to cheer about and it only took Steve 4 years to do it. Who knows, Steve may make another change in the years to come, unless of course Canadians wake up and run him off.


allan
said

The Liberals/NDP/Bloc coalition will be crying about this for sure.


Amanda
said

While I don't disagree with this, who is going to pay for it. Are you willing to pay an extra 10% in property taxes or 1% in income taxes to cover the cost of the prisons that will have to be built to house these people? All that will result from this is a constitutional challenge and an increase number of accused out on bail as there will be no where to put them. Let us cheer on the Conservatives then!


André in Ontario
said

Why did the Cons take so long to implement this since they had all provinces on side long ago? Typical Cons on dragging there feet on things & will probably blame the opposition for the long delay it took to implement this but that would be the furthest from the truth. Proroguing twice to avoid accountability comes to mind. Yes, it's a good thing but should have happened a long time ago but Harper was too busy playing politics instead of doing the jobs he's supposed to be doing. Harper, just out for himself.


Martin
said

Wow, typical flowers and kisses to the Cons and unabashed Liberal bashing. Chris in Kingston - both the Liberals and previous Conservative governments kept the existing system until now. JJ this law obviously could not have been a product of Proroguing - since Parliament must be sitting to pass a law. As well, Cons hold the majority of senate votes due to Harper appointments. Yikes.


Daniel
said

If you thought there was a backlog in the system previously now wait! This increases the risk that criminal will get off d/t the increased length of time before trials. A 2:1 ration was acceptable as it also cut cost significantly. Now there will be a greater incidence of offenders on the streets prior to trial as they have nothing to loose. -POLICY FAIL


Mary
said

Time served will still be brought up in court & 1.5 to one can still be negotiated. The judge will still make the sentence what he feels is right, the judges can still give 5 to 1 if they like by reducing the sentence. It's still up to the judge so absolutely nothing has changed. Another one of Harper's super do nothing bills. Too funny that there are people out there stupid enough to think this changes anything. Ha Ha Ha


Peabody
said

THANK YOU GEORGE!!!!


Peabody
said

ALBERTA : Guilty until proven innocent, its the Canadian way. Hundreds of innocent people lose everything while in holding waiting for trials to prove their innocence. Police and Crowns use too much time fabricating evidence. If they are so sure that the person is guilty, why not convict on first appearance. Has nothing to do with crimes I may or may not have committed..... Its the process!!!! And i bet you are all the ones that bitch and complain that it costs too much to house these criminals...now you will be footing the bill for much longer.... Congrats to the government for screwing up again and leaving it on the wallets of Canadians.... criminal or not!


Dream Police
said

Good start.


Brad
said

The only people who won't like this are criminals and defence lawyers.That pretty much says it all.


Samual
said

The judges still set the amount of time served, judges will still take in to account time served & sentence accordingly. This really won't change things much, just smoke & mirrors. Any time served comes out the tax payers pocket, so longer sentences would eventually need hirer taxes.


Jim - North Saanich, BC
said

I say great! I'm certain there are bleeding hearts out there who feel otherwise but this was long over due. Next on the agenda should be to see that the time served for the an offense should be equal to the actual length of the sentence prescribed by the courts. In other words, a ten year sentence really means ten years in the slammer and not two!


Dean in Abbotsford
said

It's about time folks. We already have weenies for judges handing out joke sentences. Lawyers know to keep the trials delayed so their clients can get less time in jail. Now all we need is elected judges so that real justice can actually be served.


Walter
said

About time.


George Toronto
said

You know what ... at first glance, this should be good news.But then when one realizes that in Canada, for some reason, the time that it takes an accused criminal to get his turn in court and then subsequently found guility or innocent, can be unacceptably a huige amount of time.The Creba cases in Toronto .... pushing on 5 years now, still in the courts. In the States, a case such as this would be thrown out of court due to justice not being delivered in a reasonable amount of time.So, it's one thing to toughen sentences, it's another to straighten out our screwed up judicial system.


Sean
said

Finally, if you do the crime you do all of the time. The way it should always have been.


nasale
said

What great news! The Consevatives are doing things right and won't have much trouble getting elected next time if this sort of thing keeps up. They are making gutsy, bold moves and making long overdue changes! This is double edged sword for me because I've always voted Liberal! Hmmm, Could I have wrong all along ??NAH!!!


Jason
said

OUTSTANDING!!!!


B. Kelley, Ontario
said

The courts are now forced to recognize a very elementary fact that most of us have known all our lives - a day is a day no matter where you happen to be spending it. At last, a little common sense comes to bear. Now if they can just find a way to require multiple sentences for serious crimes to be served consecutively there will be some real justice for the the worst criminals.


DC in AB
said

Peabody: I have a simple solution for you... don't do the crime!


Patrick
said

actually time served before FINALLY being sentanced should not count at all. If the offender was held it was for a reason "Public Safety". But this is one step frpward finally, now they just have to work on mimimum time served before being eligible for parole, and it should count on all crimes across the board, no leniancy for white collar crime. Remember that old phrase you used to hear, "you're willing to do the crime, you had better be willing to do the time".


gar
said

Well we are finally getting some teeth in our laws and sentencing.The Conservatives deserve full credit having all the obstacles that the opposition put up.Now lets get our immigration laws changed


Brian from Barrie Ontario
said

Thank God the Conservatives changed this. As a police officer, you just knew that lawyers and accused were using this to their advantage. Draw the whole trial out with delay after delay so that when the accused is finally found guilty, they walk out with double or triple time counted towards their sentence!


Primetime007
said

Just reading this article gives me goosebumps about breaking the law. I guess thats the purpose of the new bill. Although i have never been in jail, im sure criminals in Canada will quiver when they hear about this new bill. I personally know people who have delayed court dates and trials to serve as much time as possible before sentencing to get this double credit. Some people I know literally scrapped years of their sentences with the double day pre sentence credit system. This bill is really " Getting tough on crime" No BS about it!!!


Joe
said

About bloody time! Well done!


Mary Ann
said

It's about time. Thank you! Funny all the things that can be accomplished during a break!


Ron J.
said

Another needed change to undo all the damage the Liberal party did while in power.


JJ
said

THIS is the reason parliment was prorogued. The liberal senators kept watering it down to the point where it would have been meaningless. Now with the new appointments, the senate passed the bill through without the liberals being able to water it down because they are now outnumbered


Peabody
said

not good, have you ever had to go through our justice system.... this was the least of all the problems. The crown attorneys and the process of the system is what is clogging it up. Useless charges, delaying evidence. If you have the evidence to support incarceration then it should be done on first appearances!!! Until the process is fixed, Canadians will continue to be let down by the system.... criminals and those innocent!!!!


Chris in Kingston
said

If the Liberals were in power, there'd be an option for quadruple credit, and the criminals would be eligible for welfare while in prison. Finally there's a government that follows up tough talk on crime with actions.


Trent
said

Finally!


Heather Teal
said

This is great, and about time. Thanks for your hard work on this. This is one more step toward safer communities.


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