Lauzon: Conservative Government Proposes End to 2 for 1 Sentencing Practice

March 25, 2009

On March 25, the Minister of Justice announced that the Conservative Government would be tabling legislation to end the “2 for 1” credit for time served prior to sentencing.

Under current sentencing guidelines, convicted criminals can, and often do, receive double the credit for time served prior to their conviction.

For example, an individual sentenced to serve 3 years for assault may be set free immediately upon conviction if he spent 1.5 years or more in pre-trial custody.

Judges can go even further and apply a 3 for 1 credit should they wish allowing someone sentenced to 3 years to be free after serving only 1 in pre-trial custody.

These rules are left completely to the discretion of judges. However, it has become an almost standard practice to apply the 2 for 1 rule. 

These examples aren’t just possible, they happen regularly. As some of you likely remember, in 2006, Graham McMynn, then 24, was abducted at gun point and held in captivity for eight horrifying days. As a result of the 2 for 1 rule, those involved were recently sentenced to only 6 years in prison to the dismay of Graham’s parents. Once you factor in parole, these individuals could be back on the streets in as little as 2 years.

In fact, it’s been documented that other criminals, particularly those involved in organized crime, are deliberately delaying trials to ensure they serve less time through the application of the 2 for 1 rule.

This new legislation will end this practice. People denied bail because of a past criminal record or for violating bail should not receive extra credit for time served before trial. This practice, put in place by the Liberals, is abused and should not be continued. Those convicted of criminal offences should be serving their sentences in an honest and fair matter.

This policy change, which the Conservative Government campaigned on in the last election, has the support of numerous provincial and territorial governments who have repeatedly called for restrictions on credit for time served before trial.

This initiative is one of many introduced by this government to crack down on crime and put an end to the revolving door justice system. I hope this common-sense proposal earns the support of the Opposition.

Guy Lauzon, MP
Stormont-Dundas-South Glengarry