News release

Minister Supports Proposed Federal Crime Legislation

Justice

Justice Minister and Attorney General Cecil Clarke voiced his strong support for proposed federal legislation today, March 25.

The legislation would eliminate the two-for-one time credit often given during sentencing to offenders who have spent time in a correctional institution awaiting court appearance.

The Criminal Code of Canada grants the judiciary discretion to take pre-trial custody into account during sentencing. The new federal legislation would eliminate that discretion.

"This change would stop criminals attempting to manipulate the justice system by extending their time in pre-trial custody," said Mr. Clarke. "Ultimately, this change will ensure that an individual serves the amount of time in a correctional institution appropriate to the crime that has been committed."

Mr. Clarke also supports new federal legislation that will address violence associated with organized crime and gangs.

The Act to amend the Criminal Code was introduced on Feb. 26 and will:

  • make murders connected to organized crime activity automatically first-degree
  • create a new offence to address drive-by and other reckless shootings, which would carry a mandatory minimum sentence of four years in prison and a maximum of 14 years. The minimum sentence would increase if the offence was committed for a criminal organization or with a prohibited or restricted firearm such as a handgun
  • create two new offences of aggravated assault against a peace or public officer and assault with a weapon on a peace or public officer. These would be punishable by maximum penalties of 14 and 10 years respectively.

"This legislation will ensure that individuals who are associated with organized crime receive the appropriate serious response from the justice system," said Mr. Clarke. "Nova Scotia urged the federal government to amend the criminal code to address aggravated assault against a peace or public officer. I am happy to see these provisions included in the new federal legislation."