MP Allen Welcomes Justice Legislation

November 27, 2009

TOBIQUE-MACTAQUAC – Mike Allen, Member of Parliament for Tobique-Mactaquac is pleased that two pieces of Justice Legislation received Royal Assent this fall.

Legislation restricting credit for time served and new laws targeting identity theft are both major achievements in implementing the Government’s tackling crime agenda.

“Bill C-25 strictly limits the amount of credit granted for time served in custody prior to conviction and sentencing,” explains Mr. Allen. “This provides truth in sentencing and gives Canadians greater confidence that justice is being served.

Once this legislation comes into force, the courts will be provided with clear sentencing guidance and limits for granting credit for pre-sentencing custody. These include:

• making it the general rule that the amount of credit for time served be capped at a 1-to-1 ratio (i.e. give only one day of credit for each day an individual has spent in custody prior to sentencing);
• permitting credit to be given at a ratio of up to 1.5 to 1, only where the circumstances justify it;
• requiring courts to explain the circumstances that justified a higher ratio; and
• limiting the pre-sentencing credit ratio to a maximum ratio of 1 to 1 for individuals detained because of their criminal record or because they violated bail.

“I think Canadians and the people of Tobique-Mactaquac in general believe criminals must serve a sentence that reflects the severity of their crimes and not as a rule give them a two for one deal,” said Mr. Allen.

This Bill received support from provincial and territorial governments, victims’ associations and police forces from across the country during the legislative process.

Bill S-4 will provide police and justice officials with important new tools in the fight against identity theft, a fast-growing crime throughout North America.

“This legislation will help stop these crimes before they are committed,” said Mr. Allen. “We must all be assured our identities and personal information are being protected from illegal use.”

Bill S-4 will create three new “core” Criminal Code offences targeting the early stages of identity-related crime, all subject to five-year maximum prison sentences:

• Obtaining and possessing identity information with the intent to use the information deceptively, dishonestly or fraudulently in the commission of a crime;
• Trafficking in identity information, an offence that targets those who transfer or sell information to another person with knowledge of, or recklessness as to, the possible criminal use of the information; and
• Unlawfully possessing or trafficking in government-issued identity documents that contain information of another person.

A new power will be added permitting the court to order, as part of a sentence, that an offender be required to pay restitution to a victim of identity theft or identity fraud for costs associated with their efforts to rehabilitate their identity, e.g. the cost of replacement cards, documents and correcting their credit history. This provision will complement existing provisions which permit restitution to be ordered for actual economic or other property losses.