Vancouver Sun

Court rebukes Tories — again

Decision sets legal precedent on sentencing

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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.

 ?? SEAN KILPATRICK/ THE CANADIAN PRESS ?? Justice Minister Peter MacKay says his office will review the ‘ implicatio­ns’ of the ruling.
SEAN KILPATRICK/ THE CANADIAN PRESS Justice Minister Peter MacKay says his office will review the ‘ implicatio­ns’ of the ruling.

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