Vol. 144, No. 4 — February 17, 2010

Registration

SI/2010-9 February 17, 2010

TRUTH IN SENTENCING ACT

Order Fixing February 22, 2010 as the Date of the Coming into Force of the Act

P.C. 2010-104 February 2, 2010

Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 6 of the Truth in Sentencing Act, chapter 29 of the Statutes of Canada, 2009, hereby fixes February 22, 2010 as the day on which that Act comes into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

The Order fixes February 22, 2010, as the date of coming into force of Bill C-25, An Act to Amend the Criminal Code (limiting credit for time spent in pre-sentencing custody)(“the new Act”), which received Royal Assent on October 22, 2009 as S.C. 2009, c. 29.

The new Act amends the Criminal Code to provide clear limits on how time served in pre-sentencing custody is credited toward the sentence imposed. The new Act establishes a maximum credit of one day for every day served in pre-sentencing custody with a possibility of a maximum credit of one and one-half days for every day served in pre-sentencing custody if justified in the circumstances. However, if the offender is detained due to breach of release conditions or primarily due to their criminal record, the credit for time served is limited to one day for each day spent in pre-sentencing custody.

The new Act requires the justice who orders that the accused be detained in custody primarily because of their criminal record (i.e. previous conviction(s)), to state that reason, in writing, in the record.

In addition, the new Act requires courts to set out the reasons for awarding credit for time served in excess of one day for every day served in pre-sentencing custody and to state the sentence that would have been imposed without credit, the amount of credit awarded and the sentence imposed, for the record.

The Warrant of Committal on Conviction (Form 21) is also amended to reflect the new requirements.

At the federal level, the amendments will have an impact on the Correctional Service of Canada, the National Parole Board and the Office of the Correctional Investigator since the restrictions in the amount of credit awarded may result in more sentences exceeding two years, which would be served in a federal correctional facility, and may also result in an increased number of federal offenders spending longer time in custody.

The establishment of clear limits for the crediting of time spent in pre-sentencing custody and the requirement of the courts to state the amount of credit awarded in the record should assist in maintaining public confidence in the administration of justice. At the provincial and territorial level, the amendments should reduce pressures on remand facilities.

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