OTTAWA, March 27, 2009 – The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, today introduced legislation to clearly limit the amount of credit that the courts may grant to convicted criminals for the time they served in custody prior to their sentencing.
“Our Government is following through on its commitment to ensure that individuals found guilty of crimes serve a sentence that reflects the severity of those crimes,” said Minister Nicholson. “The legislation I have introduced today would strictly limit the amount of credit that may be granted for time served in custody prior to sentencing, bringing greater certainty and clarity to the sentencing process.”
The proposed Criminal Code amendments in this legislation would provide the courts with sentencing guidance and limits for granting “credit for time served”. Specifically, the legislation would:
- make it the general rule that the amount of credit for time served be capped at a 1-to-1 ratio, i.e., give only one day of credit for each day an individual has spent in custody prior to sentencing;
- permit a credit to be given at a ratio of up to 1.5 to 1 only where the circumstances justify it;
- require courts to explain the circumstances that justified a higher ratio; and,
- limit the pre-sentencing credit ratio to a maximum ratio of 1 to 1 for individuals detained because of their criminal record or because they violated bail, with no enhanced credit being granted under any circumstances.
Courts typically take into account certain factors in determining the amount of credit for pre-sentencing custody, such as overcrowding or a lack of programming for inmates. This has resulted in courts traditionally awarding credit at 2 to 1 for pre-sentencing custody. On rare occasions, the credit awarded has been as high as 3 to 1.
“Our Government continues to take tough action against crime and stand up for victims in this country,” said Minister Nicholson. “I appreciate the support from my provincial and territorial counterparts for this legislative amendment to provide greater truth in sentencing. Our Government calls on all parties in Parliament to provide unanimous consent to ensure fast passage of this important legislation.”
This proposed legislation is one of a number of criminal justice bills that has been introduced in this session of Parliament that will help ensure the safety and security of Canadians. This Government is continuing to take tough action against crime.
An online version of the legislation will be available at www.parl.gc.ca.
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Darren Eke
Office of the Minister of Justice
613-992-4621
Media Relations
Department of Justice
613-957-4207
