Tories propose ending conditional sentences for serious crimes
Last Updated: Monday, June 15, 2009 | 5:29 PM ET
CBC News
People convicted of arson, kidnapping and other serious crimes will not be able to serve conditional sentences if legislation introduced by the justice minister on Monday is passed.
"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 Justice Minister Rob Nicholson in a statement Monday. "We want to make it clear that conditional sentences will no longer be available to criminals who commit serious crimes."
Nicholson tabled the new legislation in the House of Commons Monday. As it was introduced just as the parliamentary session comes to a close, it's not immediately clear when it goes to a vote.
Conditional sentences are under two years in length and allow offenders to serve part or all of their sentences at home or in their community. They were introduced in 1996 to give judges flexibility in sentencing and to keep some offenders out of jail and in the community.
Offenders are often required to observe a curfew in their homes and check in regularly with the authorities. Some are monitored with electronic ankle bracelets. These sentences are only given out if a judge decides the offender does not pose a risk to the community.
Supporters of conditional sentencing say it is a cheaper alternative to jail and can help speed rehabilitation.
'Cost to society'
But at an appearance in Toronto over the weekend, Nicholson questioned if the current system is working as well as it should be.
"There is a cost when people who should be detained aren't detained. That is a cost to society," he said. "So the cost of incarceration is a cost that society and the system will bear."
Under the proposed legislation, the following crimes are among those for which conditional sentences can no longer be given out:
- Theft over $5,000.
- Auto theft.
- Breaking and entering.
- Arson.
- Any offence where the law dictates a maximum sentence of 14 years to life.
The move is another in a series of Conservative initiatives meant to tackle crime.
Earlier this month Nicholson also moved to repeal the "faint hope" clause, which means that anyone convicted of first-or second-degree murder would no longer be able to apply for early parole. And in April, Nicholson proposed legislation that would create a separate crime of "theft of a motor vehicle," which would carry a mandatory jail sentence of six months upon conviction for a third offence.
The minister says his numerous law-and-order announcements aim to ensure court sentences are meaningful and reflect the severity of the crime committed.
With files from The Canadian PressShare Tools
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