The courts currently give two days credit for every day spent in pre-sentence custody.  As a result, convicted criminals are spending less time in sentenced custody, and are being released back onto the streets sooner.  There is also concern that the two for one scheme creates an incentive for convicted criminals to abuse the court process by deliberately choosing to stay in remand custody in the hope of getting a shorter term of imprisonment.

“The amendments in Bill C-25 will ensure that sentences more accurately reflect the severity of crimes,” Minister Chomiak said.  “Bill C-25 introduces transparency into the process and will help to maintain public confidence in the justice system.”

“Sentences must reflect the seriousness of the crime, and the damage inflicted upon victims and communities,” said Minister Redford. “Today we have federal, provincial and territorial ministers responsible for Justice showing their strong support for Bill C-25. This is an important initiative to address longstanding concerns surrounding sentence reform.”

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.

The Government of Canada has taken several steps towards strengthening Canada’s Criminal Code during the course of this Parliament by tabling ten pieces of Justice legislation. To date, only Bill C-14, the Organized Crime and Protection of Justice Participants legislation, has become law; it is coming into force October 2, 2009.