Tories move to cut '2-for-1' jail credit
By Greg Joyce, THE CANADIAN PRESS March 27, 2009

SURREY, B.C. - Flanked by politicians and senior police officers who have been besieged by a recent wave of gun violence in British Columbia, federal Justice Minister Rob Nicholson made a tough-on-crime announcement Friday designed to keep criminals behind bars longer.

Legislation introduced by the Conservative government would result in criminals staying longer in prison by wiping out the current two-for-one sentencing credit given to those who spend time in jail before conviction.

Nicholson, who made the announcement outside the pretrial centre in Surrey, B.C., was joined by B.C.'s attorney general and solicitor general and senior police officers from Metro Vancouver, who have been trying to calm public fears after more than 40 shootings and 17 fatalities since late January.

And he suggested more tough-on-crime measures are in the offing from the federal government.

Nicholson said the minority Conservative government has tried in the past to toughen criminal laws, to no avail.

"I don't want to get to the situation we were in 2007 when we had about half a dozen pieces of legislation and absolutely nothing got passed," the minister said, referring to a parliamentary legislation bottleneck.
    

If the legislation tabled Friday passes,

the general sentencing rule would count on a one-for-one basis.

Currently, double time is given to compensate criminals who await trial in overcrowded provincial jails which lack rehabilitation programs.

The law would allow for a one-and-a-half-to-one ratio in circumstances where a judge could justify the higher ratio.

B.C. Attorney General Wally Oppal said the biggest issue facing the criminal justice system "in B.C. and the rest of the country is public confidence."

"This is very good law, because it addresses the subject of accountability," he said.

Oppal, a former B.C. Supreme and Appeal Court justice, told reporters he knew of instances where some inmates didn't bother to apply for bail because the longer they stay in pre-trial, the shorter their sentences would be.

Vancouver Police Chief Const. Jim Chu also welcomed the new legislation.

"The Canadian Association of Police Chiefs has long been asking for this. This legislation is important to keep the community safe and it will provide greater deterrence," Chu said.

"When they are behind bars they are not out on the streets committing violent crimes or property crimes."

Earlier this month Chu admitted the Metro Vancouver area was in the middle of a "brutal" gang war.

Nicholson called on all parties in Parliament to provide unanimous consent for quick passage of the bill.

The Liberals, NDP and Bloc Quebecois have already said they have general support for the aims of the bill, but don't plan to rubber stamp it.

The proposed legislation also prompted a cautionary note.

Pierre Mallette, president of the Union of Canadian Correctional Officers, said the measure would certainly increase the number of inmates.

"With a law like this it's going to bring an increase of inmates inside the institution.

"We want to be sure the government gives us the tools to work with that increase of inmates because when you decide to put inmates longer in jail, you're going to have more inmates inside the institution for a longer time."

Nicholson said he had been assured by the federal minister of public safety that issues with capacity will be met.

Nicholson also suggested keeping criminals in jail longer would decrease criminal activity.

He said he has been told by law enforcement agencies that "getting people off the street and getting people to serve time actually helps break up gang activity."

"I think there will be fewer victims in this country and I think they will feel better about tougher sentences."

He also suggested the tougher measures had been overdue, citing "pressure" from provincial attorneys general.

He and Oppal said in some rare instances triple time credit has been given for pre-trial custody.

"It was time to give guidance to the Criminal Code," he told reporters.