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Legislation Restricting Credit for Time Served Receives Royal Assent
VANCOUVER, October 23, 2009 – The Honourable James Moore, M.P. for Port Moody – Westwood – Port Coquitlam, Minister of Canadian Heritage and Official Languages, on behalf of the Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, together with the Honourable Kash Heed, member for Vancouver-Fraserview and Minister of Public Safety and Solicitor General of British Columbia, today welcomed the granting of Royal Assent on Bill C-25, legislation that strictly limits the amount of credit granted for time served in custody prior to conviction and sentencing. “This legislation is an important achievement in implementing our Government’s tackling-crime agenda,” said Minister Nicholson. “It better reflects truth in sentencing and gives Canadians greater confidence that justice is being served.” Once this legislation comes into force, the courts will be provided with clear sentencing guidance and limits for granting credit for pre-sentencing custody. These include: - making 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);
- permitting credit to be given at a ratio of up to 1.5 to 1 only where the circumstances justify it;
- requiring courts to explain the circumstances that justified a higher ratio; and,
- limiting 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.
“This legislation will ensure that criminals receive a sentence that reflects the severity of their crime,” said Minister Moore. “Clear and strict guidelines will be given to the courts regarding the amount of credit that may be granted for time served in custody prior to sentencing.” “We are pleased the Federal Government has passed this important legislation,” said Minister Heed. “British Columbians can now have the confidence that gang members and other violent criminals will serve their full sentences.” Bill C-25 received support from provincial and territorial governments, victims' associations and police forces from across the country during the legislative process.
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