Author Topic: Yes! No more 2 for 1 Jail Time Credit! Bill C-25 has passed!  (Read 4177 times)


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Yes! No more 2 for 1 Jail Time Credit! Bill C-25 has passed!
« on: February 23, 2010, 08:33:50 PM »
Thank you, thank you, thank you, Federal Government! Ya done good. Now about those Pedophiles..........

Anyone mind if I phone the news in to Terri-Lynne McClintic and Michael Thomas C.S. Rafferty? Can I snicker while I break the news to them? Please, please, can I Can I.........

No more double dealing

As of Tuesday, criminals like Clay Davis won't be given 2-for-1 credit for time served

Last Updated: February 23, 2010 9:06am
 It's quite a system that sees a career criminal receiving his 100th conviction at 2 p.m. and being set free from incarceration at 2:30 p.m.

But two-for-one justice has come to an end.

As of Tuesday, receiving two-for-one time served while in custody awaiting trial is no longer in effect. Quietly, thanks to the federal government's Bill C-25, the very landscape of the justice system has changed.

For example, Clay Davis celebrated his 100th criminal offence Monday by standing on the steps of Old City Hall and enjoying freedom with a bummed smoke. Just before he was in custody, and before court, charged in a string of car break-and-enters and allegations he resisted arrest and confronted a police officer with a screwdriver.

"Scary," is how arresting officer 14 Division Det. Izzy Bernardo described it.

But by the time Davis' skilled defence counsel Mike Morse and overworked Crown attorney Joanne MacDonald whittled down the 43 charges from an alleged Dec. 4, 2009 car break-in crime spree, Davis pleaded guilty to a watered down three counts of theft, assault and resisting arrest and having possession of burglary tools.

In a joint submission to attentive Mr. Justice Richard D. Schneider, they agreed on a two-for-one time-served basis, the 45-year-old's 86 days in custody would be credited for 172 days -- almost six months -- and enough time for these crimes. Although Crown attorney MacDonald said "it's a horrendous record," there was no effort to suggest progressive sentencing for such a repeat offender.

Instead, it was like Christmas. The court asked Davis to not carry a screwdriver anymore, and out the doors of Old City Hall and into society he went.

Before Tuesday that is how things worked in the court system. It was routine. Normal.

Not anymore. Judges will not have the ability to be as lenient. The bill, for all cases forward from today, has taken away the discretion from them to grant two-for-one pre-trial credit.

It means time served is exactly that. No more breaks.

"That's huge," Joe Wamback, founder of the Canadian Crime Victim Foundation, said Monday night. "I can tell you of examples of people receiving four-for-one credit so, yes, this is appreciated."

It is a victory for Wamback, who has fought for this for years. "It's very positive and indicates our government is listening."

But not everybody agrees: "It's a tinderbox," said Morse, a criminal lawyer for 35 years who predicts "stacking up" inmates in cramped institutions is going to get ugly. "Warehousing these people three to a cell is not going to rehabilitate them."

Veteran defence counsel Jordan Weisz says putting money into drug rehabilitation might bring upon better results.

"Nobody ever said jail was supposed to be a nice place," was Wamback's response. "What about protecting society?"

There is great debate and great debaters on both sides. But the system is not working, as is illustrated by the revolving door justice system that routinely caught and released Davis with no positive results.

He is both the poster boy for the old system and for the new. The break he got Monday does not exist in Canadian courts anymore.

"I am not proud of it," he told me of his 100 convictions and tough life that wasn't helped out by being physically abused as a child. "I spent half my life in jail and I make no excuses."

His problem is crack and he told Judge Schneider that "I know I am living life but I don't happen to be very good at it."

"Into the Great White North," lawyer Morse said about his client's so-called freedom which has realities of no money, nowhere to stay and no prospects.

"I have no idea," Davis told me when I asked him where he would go.

History has shown what could happen next.

The interesting part is that Morse, copper Bernardo, Judge Schneider, Crown MacDonald and victim's advocate Wamback, too, all wish Davis could find some way to stop committing crimes.

But should there be a 101st conviction, one thing Clay Davis won't be receiving in the future is double time for time served.

Those gravy train days are over.


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Re: Yes! No more 2 for 1 Jail Time Credit! Bill C-25 has passed!
« Reply #1 on: February 24, 2010, 01:12:14 AM »
"Warehousing these people three to a cell is not going to rehabilitate them."

These people are morons.

Its JUSTICE, not rehabilitation.

Rehabilitation is a choice. Jail is a place to be punished. The system was a joke and the criminals know it.

If they do not fear it, then they won't change there ways.

Which is exactly what that 100 conviction guy who got out in 3 months does not get either. It's not a game.

............. and hasn't it yet dawned on any of these pin heads that short sentences over and over does not seem to rehabilitate these criminals either?