Chomiak testifies at Senate to end two-for-one jail credit

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This article was published 01/10/2009 (4926 days ago), so information in it may no longer be current.

OTTAWA — Manitoba Justice Minister Dave Chomiak pleaded with the Senate this morning to pass a bill which would eliminate two-for-one credit for time spent in prison before being convicted.

The legislation, which passed the House of Commons in June with support of all parties, advises judges to make it a general rule that a person who is convicted of a crime is only credited for the exact number of days spent in pre-trial custody, not on a two-for-one basis as has become the standard.

In circumstances when a judge deems it appropriate, the time can be credited 1.5 to one, but only if the judge gives the reasons for giving additional credit.

The move has been a long-standing request from Chomiak and the Manitoba government to Ottawa. Chomiak told the Senate committee on Legal and Constitutional Affairs it is something backed by all provinces and territories. The two-for-one credit is blamed for huge increases in the number of people in pre-trial custody, also known as remand.

Chomiak said there is a lot of anecdotal evidence, including from his own time as a criminal lawyer, that offenders are purposely not applying for bail and delaying plea hearings, in order to rack up as much pretrial time as possible.

Following the meeting, Federal Conservative Justice Minister Rob Nicholson accused Liberals in the Senate of holding up the bill.

But Manitoba Liberal Senator Maria Chaput, who was filling in at the committee, said the Conservatives accuse the Senate of stalling or being soft on crime every time the Senate asks even a single question about a piece of crime legislation.

"I’m fed up with being told I’m soft on crime," said Chaput. "It’s not true." She said she has no indication the bill won’t pass but said there are some concerns about some of the provisions which senators want to study more closely.

One in particular of concern to Chaput is a clause which suggests a judge does not always have to give reasons for giving more than one-to-one credit for remand time.

"That’s a transparency issue," said Chaput.

The Senate committee has additional questions for Chomiak and Alberta Justice Minister Alison Redford, who also testified this morning. But time ran out before they could all be asked and the additional questions will be submitted and answered in writing.

mia.rabson@freepress.mb.ca