MINISTER OF JUSTICE MOVES TO RESTRICT THE USE OF CONDITIONAL SENTENCES OF IMPRISONMENT

OTTAWA, October 27, 2005 – Minister of Justice and Attorney General of Canada, Irwin Cotler, today introduced legislation that would restrict the use of conditional sentences for serious and violent offences.

"This Bill is part of our set of initiatives to better protect Canadians, building on recent legislation regarding trafficking in persons, the protection of children and the DNA databank." said Minister Cotler. "In particular, this new legislation would further extend our child protection laws by removing conditional sentences as an option for offenders who sexually assault children – thus reflecting the serious harm caused by such offences."

The reforms would create a presumption preventing courts from using conditional sentence in cases of:

• serious personal injury offences as defined in the Criminal Code, such as all forms of sexual assault;


• terrorist activities;


• organized crime-related offences; and,


• any other offence where the individual case is so serious that the need to condemn the act – and not use a conditional sentence – takes precedence over any other sentencing objective.

Courts would be required to explain in writing any exceptional circumstances that lead them to believe it would be in the interests of justice to use a conditional sentence in such cases.

The conditional sentence is a term of imprisonment of less than two years that may be served in the community. It is currently imposed in less than 5% of all cases and can be changed to a prison term if conditions are breached.

Today's reforms are in response to and have the support of the provinces and territories.

"These reforms will strengthen public confidence in the conditional sentence and in the administration of justice," added Minister Cotler. "At the same time they are consistent with Canada's balanced approached to sentencing, with harsh penalties for high-risk offenders and the use of community-based approaches for those who commit less serious crimes."

The Bill also includes amendments that would allow a conditional sentence order pending appeal to be suspended, clarify that mandatory minimum penalties also apply to those convicted of impaired driving causing bodily harm or death and permit the court to make consecutive driving prohibition orders.

An online version of the legislation will be available at www.parl.gc.ca.

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Ref.:

Mylène Dupéré
Press Secretary
Office of the Minister of Justice
(613) 992-4621

Media Relations Office
Department of Justice Canada
(613) 957-4207