By Rob Nicholson,
Niagara Falls, Ontario MP and Canada’s Minister of Justice and Attorney General
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.
Niagara Falls MPP and Canadian Justice Minister Rob Nicholson
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-to-one for time served in pre-trial custody when sentencing criminals. In some circumstances, certain offenders even received three-for-one credit.
This awarding of extra credit lead not only to the perception that sentences were too lenient – it also lead to the reality that, all too often, criminals were being released back on 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 at 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 is 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.
(This op-ed piece by Rob Nicholson recently ran in the National Post and has was shared for republication in Niagara At Large by his Ottawa office. It is another in a series of for-the-record commentaries by our elected leaders Niagara At Large hopes to continue offering for stimulating discussion and debate on topics of interest and concern to readers.)
(click on www.niagaraatlarge.com for Niagara At Large and more news and commentary of interest and concern to residents in our greater binational Niagara region.)
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