Court rebukes Tories — again
Decision sets legal precedent on sentencing
In the latest blow to the Conservatives’ tough- on- crime agenda, the Supreme Court of Canada has ruled that offenders can get extra credit for time spent in custody before they’re sentenced.
WHAT DOES IT MEAN?:
While the rulings aren’t constitutional, they will set legal precedents, and form part of a pattern where Ottawa’s desire to crack down on criminals isn’t meshing with what judges believe is fair.
THE OTHER BIG REBUKES:
One month ago, the high court also struck down retroactive changes to parole eligibility that the Conservatives had enacted. In that case, it ruled that the Abolition of Early Parole Act was unconstitutional because it imposed new punishment on people who had already been tried and sentenced. The lower courts have also pushed back against the Tories’ crime agenda. Judges in at least three provinces have taken steps against a new mandatory victim surcharge.
ANYTHING ELSE?:
The Supreme Court rejected the Harper government’s appointment of Justice Marc Nadon, ruling that the semi- retired Federal Court of Appeal judge did not have the proper qualifications laid out in the Supreme Court Act for a Quebec nominee. The court also struck down Canada’s anti- prostitution laws late last year, giving Parliament one year to draft new legislation.
WHAT’S NEXT:
Justice Minister Peter MacKay said the government will review the “implications” of the decision. He might, however, have another headache to deal with in the near future. On Thursday, the Supreme Court agreed to hear two more cases on whether the government’s changes to mandatoryminimum sentences for unlawful gun possession are constitutional.