LEGISLATION INTRODUCED TO END CONDITIONAL SENTENCES FOR SERIOUS PROPERTY AND VIOLENT CRIME

June 15, 2009

15 June 2009 – The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, today introduced in the House of Commons proposed legislation that would amend the Criminal Code to further restrict the use of conditional sentencing for serious property and violent crime.
 
“These amendments show that the government has remained firm in its determination to make sure that those who commit serious crimes serve time behind bars,” said Minister Nicholson. “We want to make it clear that conditional sentences will no longer be available to criminals who commit serious crimes.”
 
These reforms will add new requirements to further restrict when a conditional sentence can be imposed.  Conditional sentences will no longer be an option for individuals convicted of:

• any offence for which the law prescribes a maximum penalty of 14 years or life;
• any offence prosecuted by indictment and for which the law prescribes a maximum penalty of 10 years that results in bodily harm, involves the import/export, trafficking or production of drugs OR involves the use of a weapon;
• a listed offence prosecuted by indictment and for which the law prescribes a maximum penalty of 10 years.

Crimes such as theft over $5,000, auto theft (proposed by Bill C-26 currently before Parliament), breaking and entering and arson are included on the list of indictable offences that will be ineligible for a conditional sentence.
 
A conditional sentence is a sentence of imprisonment of less than two years that may be served in the community. They are only available when certain requirements are met. For example, if the offence calls for a mandatory jail sentence or if the court imposes a sentence of more than two years, a conditional sentence would not be possible.
 
“I am proud to support measures such as these that bring better protection for law-abiding Canadians,” said Randy Kamp, MP for Pitt Meadows—Maple Ridge—Mission. “By ending conditional sentences for serious crimes our government is getting things done in Ottawa to protect Canadians from the most dangerous criminals.”
 
“The government is introducing these amendments in support of our key commitment to take action against crime,” concluded Minister Nicholson.