News Release
May 5.2006

Conservatives Propose Mandatory Minimums and Tougher Sentences

OTTAWA – The Conservative government has introduced legislation to toughen sentencing for crimes involving firearms by enhancing the mandatory minimum penalty provisions of the Criminal Code.  Justice Minister Vic Toews also introduced legislation that would end the use of conditional sentences – including house arrest – for serious offences as promised in the election campaign. 

“This legislation responds to the call for action from Canadians and police officers across Canada to get tough on crime and make communities safer,” says Conservative MP James Moore. 

Under the proposed legislation, the use of a firearm in committing a serious offence will be subject to a significant sentence.  If, for example, an offence is gang-related, or if a restricted or prohibited firearm such as a handgun is used, the minimum penalty will be:  

• 5 years on a first offence
• 7 years if the accused has one prior conviction involving the use of a firearm to commit an offence
• 10 years if the accused has more than one prior conviction for using a firearm to commit an offence

Other firearm-related offences, such as firearms trafficking and smuggling, or the new offence of robbery where a firearm is stolen, will also be subject to higher escalating minimum penalties:

• 3 years on a first offence
• 5 years if the accused has a serious prior firearm-related conviction

“If criminals are to be held to account, they must face a punishment that matches the severity of their crime,” says Moore. “These reforms will put an end to the use of conditional sentences for serious and violent offences.  People who commit serious crimes should serve their time behind bars, not in the community.”

The proposed reforms would also prohibit the use of conditional sentences for offences prosecuted by indictment and punishable by a maximum sentence of 10 years or more. Those convicted of serious violent and sexual offences, as well as other significant crimes, such as major drug offences, would be ineligible to receive a conditional sentence.

The reforms will help ensure a cautious and more appropriate use of conditional sentences, reserving them for less serious offences that pose a low risk to community safety.

A conditional sentence is a sentence of imprisonment of less than two years that may be served in the community if several pre-conditions are met. The offender must then abide by other conditions, including house arrest or curfew.

“For years Tri-City residents have called for serious criminal justice reforms,” says Moore.  “These proposals are not a step, but a leap in the right direction for holding criminals accountable for their behaviour.”

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For more information, email moorej@parl.gc.ca or call 613.992.9650