Legislation Restricting Credit for time served comes into force

February 23, 2010

OTTAWA – The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, recently welcomed the coming into force of Bill C-25, legislation that strictly limits the amount of credit granted for time served in custody prior to conviction and sentencing.

    “Our government is committed to ensuring that criminals serve a sentence that reflects the severity of their crimes,” said Minister Nicholson. “Bill C-25 marks a significant achievement in implementing our tough-on-crime agenda.”

    “I am pleased that this legislation has come into force,” said Gord Brown, Member of Parliament for Leeds-Grenville. “This was a key piece of my original knife crimes bill and I have worked hard to get this implemented.”

    This legislation provides the courts with clear guidance and limits for granting credit for pre-sentencing custody. Bill C-25:

makes 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);

permits credit to be given at a ratio of up to 1.5 to 1 only where the circumstances justify it;

requires courts to explain the circumstances that justify a higher ratio; and

limits the pre-sentencing credit ratio to a maximum ratio of 1 to 1 for individuals detained in custody prior to sentencing primarily because of their criminal record or a violation of bail.

    “Canadian people are dismayed when they see criminal sentences reduced because of pre-trial remand credit,” Saskatchewan Minister of Justice Don Morgan said. “This legislation will help restore public confidence in the judicial system.”
    “Alberta has been in full support of this reform and it was an honour to appear before the Senate to speak to its merits,” said Alison Redford, Alberta Minister of Justice and Attorney General. “Sentences must reflect the seriousness of the crime, and the damage inflicted upon victims and communities.”
    Bill C-25 received support from provincial and territorial governments, victims' associations and police forces from across the country during the legislative process.