Legislation to End Conditional Sentences for serious property and violent crime welcomed by MP Mark Warawa

June 16, 2009

Legislation has been introduced by Justice Minister Rob Nicholson that would amend the Criminal Code to further restrict the use of conditional sentencing for serious property and violent crime.

"The primary objective of the corrections system should be the protection of society,” says Langley MP Mark Warawa. “These important changes to the Criminal Code should make our communities safer by keeping dangerous and chronic offenders in jail.”

These reforms will add new requirements to further restrict when a conditional sentence can be imposed.  Conditional sentences will no longer be an option for individuals convicted of:

• any offence for which the law prescribes a maximum penalty of 14 years or life;
• any offence prosecuted by indictment and for which the law prescribes a maximum penalty of 10 years that results in bodily harm, involves the import/export, trafficking or production of drugs OR involves the use of a weapon;
• a listed offence prosecuted by indictment and for which the law prescribes a maximum penalty of 10 years.

Crimes such as theft over $5,000, auto theft (proposed by Bill C-26 currently before Parliament), breaking and entering and arson are included on the list of indictable offences that will be ineligible for a conditional sentence.

“Langley deals with its’ own share of habitual property offenders and prolific offenders,” says Warawa. “We have seen a great joint effort from police, all levels of government and the public in dealing with these people, and this legislation will strengthen our efforts to keep our streets safer.”

A conditional sentence is a sentence of imprisonment of less than two years that may be served in the community. They are only available when certain requirements are met. For example, if the offence calls for a mandatory jail sentence or if the court imposes a sentence of more than two years, a conditional sentence would not be possible.

“The government is introducing these amendments in support of our key commitment to take action against crime,” concluded Warawa.