New Legislation Cracks Down on Criminals

April 17, 2009

TOBIQUE-MACTAQUAC – Mike Allen, member of Parliament for Tobique-Mactaquac, is in full support of recently introduced legislation that takes tough action against crime and stands up for victims.

Last week, Justice Minister and Attorney General Rob Nicholson brought to the floor of the House legislation to clearly limit the amount of credit that courts may grant to convicted criminals for the time they served in custody prior to their sentencing.

“We’re following through on our commitment to ensure that individuals found guilty of crimes serve a sentence that reflects the severity of those crimes,” said Mr. Allen. “Currently, these credits mean that offenders can be released and are back on the street and into our communities in half the time.”

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.

Courts typically take into account certain factors in determining the amount of credit for pre-sentencing custody, such as overcrowding or a lack of programming for inmates. This has resulted in courts traditionally awarding credit at 2 to 1 for pre-sentencing custody. On rare occasions, the credit awarded has been as high as 3 to 1.

“I’m happy to see that provincial and territorial governments support this legislative amendment, particularly, here in New Brunswick,” said Mr. Allen. “I am hopeful that all parties in Parliament will provide unanimous consent to ensure fast passage of this important legislation.”

This proposed legislation is one of a number of criminal justice bills that have been introduced in this session of Parliament that will help ensure the safety and security of Canadians.

“Minister Nicholson has also re-introduced legislation providing mandatory minimum prison sentences for serious drug crimes,” explained Mr. Allen. “This bill would establish mandatory jail time for those who produce and sell illegal drugs.”

The proposed amendments to the Controlled Drugs and Substances Act (CDSA) would impose mandatory jail time for producing and selling illegal drugs. This legislation calls for special penalties to be imposed when offences are carried out for organized crime purposes or if they target youth.

The proposed legislation would also allow a Drug Treatment Court to suspend a sentence while the addicted accused person takes an approved treatment program. Drug Treatment Courts encourage the accused person to deal with the addiction that motivates their criminal behaviour.

“Drug producers and dealers who threaten the safety of our communities must face tougher penalties,” said Mr. Allen. “Our message to potential offenders is clear: if you sell or produce drugs, you will face jail time.”

Also reintroduced at the end of March was tough legislation that will target identity theft, a fast-growing problem in Canada and throughout the world. 

“Organized crime and modern technology are making identity theft easier than ever,” Mr. Allen said. “This legislation will provide police with the tools they need to protect Canada’s families, seniors and businesses from the numerous harms of identity crime.”

The proposed legislation would create three new offences targeting the early stages of identity-related crime, all of which are subject to 5-year maximum prison sentences.

Additional Criminal Code amendments would create new offences of fraudulently redirecting or causing redirection of a person’s mail, possessing a counterfeit Canada Post mail key, and possessing instruments for extracting and copying debit and credit card information. This legislation would also give courts the power to, as part of a sentence, order an offender to pay restitution to a victim of identity theft or fraud where the victim has incurred expenses related to rehabilitating their identity.

“We will continue to take steps to ensure the safety and security of citizens,” said Mr. Allen. “This legislation helps combat the complex and growing problem of identity theft and will play a key role in our efforts to fight organized crime.”