LEGISLATION RESTRICTING CREDIT FOR TIME SERVED RECEIVES ROYAL ASSENT
OTTAWA, October 23, 2009 – The Honourable Rob
Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice
and Attorney General of Canada, and Mr. Daniel Petit, M.P. for Charlesbourg-Haute-Saint-Charles
and Parliamentary Secretary to the Minister of Justice 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.
“Canadians believe criminals must serve a sentence that reflects
the severity of their crimes,” said Mr. Daniel Petit. “This
bill ensures that the courts will no longer be able to grant credit
at a 2-to-1 ratio for pre-sentencing custody.”
Bill C-25 received support from provincial and territorial governments,
victims' associations and police forces from across the country during
the legislative process.
- 30 -
Ref.:
Pamela Stephens
Press Secretary
Office of the Minister of Justice
613-992-4621
Media Relations
Department of Justice
613-957-4207
