Just-In Newsletter

Serious time for serious crimes?

Hancock pushes for change to the Criminal Code


By Jason Chance
Alberta and four other provinces are pushing the federal government to ensure Canadians convicted of serious crimes face real jail time, not a sentence served in the community.

At the Sept. 29 - Oct. 1 meeting of federal, provincial and territorial justice ministers, Justice Minister Dave Hancock renewed Alberta’s call to tighten the provisions for conditional sentences to ensure that serious offenders are not eligible for what is commonly-referred to as “house arrest.”

“Canadians are deeply offended when those convicted of serious violent offences, sexual offences including those against children, and offences causing serious injury or death serve their sentences in their homes,” Justice Minister Dave Hancock said. “Our position is that real jail time should be the only option in these cases.”

Conditional sentences have proven to be a valuable tool in dealing with minor criminal offences or in cases where the aim is restorative justice. But case law demonstrates a disturbing trend—not only has the number of conditional sentences increased, but they are being used in serious cases involving violent assaults, sexual assaults, serious injury and death.

As a result Alberta, with input from British Columbia, Manitoba, Ontario and Nova Scotia, prepared an options paper, outlining the nature of the problem and detailing four possible ways the federal government can change the conditional sentencing provisions. The paper was submitted to all federal, provincial and territorial ministers responsible for justice and the House of Commons committee on justice and human rights.

At the meeting, the Federal Minister of Justice asked the Chair of the Standing Committee of the House of Commons on Justice and Human Rights to complete their study of conditional sentences early as possible.

Alberta will continue to push for progress on this, along with other important issues addressed at the meeting such as raising the age of sexual consent and an Alberta proposal that would see those accused of murdering a child automatically face first-degree murder charges.

More information on the Federal/Provincial/Territorial Meeting of Ministers responsible for Justice is available through www.scics.gc.ca/cinfo03/830806004_e.html

Alberta’s options paper, “The Conditional Sentence of Imprisonment: The Need for Amendment,” includes a list of several cases where conditional sentences were used in cases involving serious violence, injury or death, serious sexual assault, and frauds involving breach of trust.

The paper is available on the Alberta Justice/Solicitor General web site.

 

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