For many years now, judges in Canada have had a curious practice in dealing with convicted criminals. If they were in a pre-trial center (rather than a full jail) awaiting trial they have been given a 2 for 1 credit on time served. It goes like this hypothetical situation: A crime is committed. Upon conviction he is sentenced to 6 years. He had waited 1.5 years to go to trial, that is credited to him as 3 years. That leaves 3 years of his 6 to serve.However in Canada, prisoners can get out after having served only 1/3 of a sentence. So, in this case the offender could be released right away (on probation).
Defence lawyers have said that this is necessary guideline for protection of prisoners' rights. Clayton Ruby, one of Canada's leading defence lawyers, called Canadian detention centres "hellholes" and "a humiliation."
Like their time in a pre-trial center is any hardship compared to victims that have been stolen from, raped, mugged, and otherwise traumatized, but I digress...
Some feel that the accused have intentionally delayed their trials so that they could stay in pre-trial longer and get 2 for 1 credit.
Well, NO MORE! -- thanks to the Conservative government which is going to take away the discretion of judges in this. Prisoners will no longer get a 2 for 1 deal. They will have to 'do the time' (which is already often very light!) to pay for their crime.
Justice Minister Rob Nicholson said, "I think this will have the effect of unclogging the courts. I think individuals or their solicitors will not find it to their advantage to have continuous delays or adjournments and so I think this will help move the process forward," he said.
Full details here
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2 comments:
Craig you should hear what the John Howard society rep said about this. He thinks this is a horrendous action by the justice minister! CARAZZY! he thinks it's unfair and cruel punishment for the criminal to sit in those hellholes! I think it should be publicized how bad they are--then maybe there'd be a bit of a deterrent...?? maybe.....
They are not hell holes. Hell hole is saudi arabia, china, etc. That word minimizes the terrible suffering of others in countries mentioned. They do not have many programs and such as the regular jail, and there are crowding issues. However, you have to balance that with making sure that someone really does the time for their crime!
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