Home
Cover-up
Garry Guzzo
Institutions
Leduc Trial
Media
Of Interest
Perry Dunlop
Questions
Red Flags
The AG
The Clan
The Diocese
The Inquiry
The Scandal
The Trials
The Victims
cornwall

the inquiry


Cornwall Public Inquiry

A second look at new rules  

   

Cornwall Standard Freeholder

 

15 March 2010  

Posted By DAVID NESSETH    

CORNWALL -- Former local Crown attorney turned criminal defense lawyer Donald Johnson says to do away with '2 for 1' sentencing credits is to rewrite the title of the famous Fyodor Dostoyevsky novel Crime and Punishment.  

"Now they've got it out as Punishment and Crime," Johnson said.  

Last month, the federal government enacted legislation that scrapped judges' discretion to grant two days of credit for each single day a defendant spent in jail awaiting trial or sentencing.  

The Truth in Sentencing Act was granted royal assent on Oct. 21, 2009, but came into effect on Feb. 22.  Now, judges will sentence at a one-one-ratio unless there are exceptional circumstances.

The maximum credit will be a ratio of 1.5-to-one, which will require supporting reasons for the decision.  

Johnson believes the justice system will be in for a shock as the government pushes its "tough on crime" agenda.  

"They're going to legislate us to death with new rules and new laws," Johnson said. "Eventually there won't be much to criminal law left. It will all be cut and dried. It will be a fete de complete as far as I'm concerned. In the future, they'll have passed enough of this law and order legislation that there won't be any leeway or discretion left in the judges' hands."  

Johnson said he was irked to read Cornwall Chief of Police Dan Parkinson's comments on 2 for 1 sentencing in a recent Standard-Freeholder article.  

Parkinson had said, "I'm absolutely in favour of it. I don't know why the current system evolved the way it did, but I certainly think it's a slap in the face to victims of crime. Regardless of the time already spent in jail, I think it cheapens the sentence."  

Johnson said people should check the "horrendous" conditions of local prisons before they make conclusions about the new Truth in Sentencing Act.  

Many criminal defence lawyers in Ontario have argued that clients plead guilty to crimes they didn't commit simply to avoid harsh conditions in overcrowded and under-staffed jails.  

The new legislation, lawyers say, will mean overcrowding at prisons such as the Ottawa-Carleton Detention Centre, will only get worse.  

"From this legislation and attitude there's the view that if someone's already in jail they're guilty, and they shouldn't get any benefit for time spent," Johnson said. "What about the guys found not guilty? What kind of compensation does he or she get?"  

When Justice Minister Rob Nicholson spoke to reporters in Ottawa last month abut the new legislation, he said it will "....give Canadians confidence that justice is being served."  

Local MP Guy Lauzon recently argued that prisoners were advising each other of the advantages of postponing court appearances to take advantage of the 2 for 1 credit.  

Criminal defence lawyers, on the other hand, often point their fingers to backlogged courts and legal delays.  

Johnson said defendants imprisoned for probation breaches may not deserve 2 for 1 credit, but "That should be left to the discretion of the judge as far as I'm concerned," he said.  

Time served in custody prior to February is still eligible to be recognized under the 2 for 1 credit. 

Article ID# 2491322


  Comments on this Article.
 

 Then maybe,Mr.Don Johnson,they,the criminals shouldn't be getting themselves into those type of situations to get themselves in jail to begin with!You do the crime, pay the price!I was a victim of domestic violence myself and the ex, didn't get such a hard punishment of being in jail too long cause of the 2 for 1.Worried about over crowded jails??Either the govt' needs to put the money were it should be; to keep convicted criminals being bars without being so-called over crowded, meaning, build a new jail already!or just don't do crimes and keep your *** out of jail to begin with and that won't happen!I think this is a wake up call to people who wish to take the other side other than that of the LAW. Just keep out of trouble and you won't be subject to meeting up with "BUBBA"!:S

 

   Reply | Report | Page Top Post #1 By getoveritplz

Of course Mr Johnson wants to keep the 2 for 1 deal, he represents these criminals, they put bread on his table. Do the crime do the time, don't want to go to jail, stay out of trouble. 

Reply | Report | Page Top Post #2 By rkake

WRONG RKAKE,

They are not criminals, refer to them more appropriately as "pukes" !

 

Reply | Report | Page Top Post #3 By notagain


   

No there not pukes just misguided criminals.

  

  Reply | Report | Page Top Post #4 By rkake

The more criminals or pukes there are, the more Don gets paid.That's all he gives a rats *** about,nevermind the victims some of these crooks terrorize just to get a damn slap on the hands.Justice system sucks!We need more judges and jails.Makes me sick to think that he takes pride in representing mainly reoffenders who deserve to be locked up for the proper duration of their crimes they commit.No one puts a gun to their heads?They take upon themselves to chose that path of life so maybe it's time the LAW needs to follow through on giving proper sentencing and satisfaction to their victims.  

Reply | Report | Page Top Post #5 By getoveritplz

All I here is a few peaple with know minds, and no experience with anything but there own little lives. The supper jail that was built like the one in ottawa are over populated and under managed. Before anyone thinks they know anything, why dont you go sleep in a cold storage with a ten 50 pounds of potatos for a week and then come back to the table with something to say. peaple and I mean peaple are living in less suitable conditions then stray animals, the only difference is that after an animal is not adopeted they are put down. Just go to the ocdc for visit and see how you are treated as a visitor and try to amagin what the inmates go through. I used to be one of the no minds that were too blind to understand the humanity behind it.

Reply | Report | Page Top Post #6 By truth@justise

Well,thruth@justise...justice is served to those victims and do you honestly think some care what conditions they live in??They want to disobey the laws,then you get what you get.I believe they need to build more jails to avoid the overcrowding.Btw, I am a victim of assault and I never asked for it nor my kids.I would rather the accused eat **** in jail for all I care.I am being honest,some situations for petier crimes,no maybe they shouldn't be treated like that,but when it comes to more severe cases, like mine for instance,he got away with a lot as for the 2 for 1 deal...I would rather see him in there longer for what he did then to see him free to do this to others.The accused in my case,doesn't care for the law, he keeps breaking it and still manages to get away with plenty even with a strict restraining order.I feel no sympathy for most of the repetetive criminals who seem to rather be in jail otherwise they wouldn't be doing the crimes they do to get themselves there again and again.That's a choice they make, no one else.People not peaple btw...do feel remorse for minor crimes but for those hard core psychopaths who do this over and over and refuse to get help...good for them, they deserve it in my eyes and to a lot of others in any society.Don't want to be in jail, then don't put yourself there.It's a matter of choice and those who are innocent of crimes, I do feel sorry for them but overall, we all know the seriousness of many victims of very serious crimes,I am sure they would rather see them suffer they way they had at the hands of their abuser. 

Reply | Report | Page Top Post #7 By getoveritplz

P.S.Stray animals atleast aren't criminals, they are VICTIMS. It's sad to see animals put down if not adopted out in a timely manner, that is indeed sad, but some of the major, extreme offenders,they should be put down instead of wasting tax payers money to keep them alive!

  

 
Reply | Report | Page Top Post #8 By getoveritplz

Nice come back, but the problem is, when you can not get past your self, you can not realy look at the big picture. How many peaple.... are in jail that have not ever been convicted yet or may not. OCDC is a holding center for an example. If you know what that means then you would know that peaple are doing harder time then if they were convicted. 3 peaple or more in an 8 by ten cell, one gets the bed, two get the floor. food is barly fit for a dog, and the treatment from the gards is unbelivable. They need to work in a federal pen to learn some respect. Know yard time, unless it is okay with the lazy or over worked guard. Or if you have a bad day in there and do not say yes boss or no boss, you find yourself in the shower room were there are know camras and injoy a beating from 5 or more guards, then thorwn back into your over croweded cell. Yes I agree that if a person does the crime do the time. BUT PEAPLE NEED TO KNOW THAT OCDC IS NOT A PRISON IT IS A HOLDING JAIL. there for, 2 for one should have had a little more thought to it. Remember a person that has been on the right sided of the law their whole life can experience this with one to many drinks, for an example. 

Reply | Report | Page Top Post #9 By truth@justise

Your example of someone who drank too much would only get themselves there if mainly they decided to be stupid and drink and drive.Hard core criminals to me,get what they get,sometimes not enough.That's what I said as well,OCDC may be a holding cell with horrible conditions,this only should draw the damn govt' to build or add on an addition to expand for these mindless people.Karma is my best friend,what goes around,comes around.No exceptions for drunk drivers either.Maybe then they won't be foolish to do it again after seeing what jail is really like for them.Lesson learned or they know where they'll end up as a result.I know OCDC is over-crowded,I am fully aware,I don't agree with that but that doesn't justify the victims to suffer for what their abusers, etc. have done to them.They need to re-evaluate putting minor crimes apart from major like they do in the U.S. but you also got to remember, jail isn't a luxury, it's a punishment. 

Reply | Report | Page Top Post #10 By getoveritplz 

"truth@justise" I have seen to many criminals in my lifetime and way to many victim's, why should anyone feel sorry for the criminal, I don't see any sympathy from you for the victim's at all. Lead an honest life and you should not have to worry about going to prison, break the law suffer the consequences, does this sound harsh, yes it is!!! No one forces anyone to do anything that they don't want to do..So cry me a river, I don't think that to many people will agree with your blog. But you do have the right to your opinion. No prejudice intended 

Reply | Report | Page Top Post #11 By rkake, 20

 
Institutions
Attorney General/Don Johnson