Bill C-393: An Act to amend the Criminal Code and the Corrections and Conditional Release Act (punishment and hearing)

C-393 First Session, Thirty-ninth Parliament, 55 Elizabeth II, 2006 HOUSE OF COMMONS OF CANADA BILL C-393 An Act to amend the Criminal Code and the Corrections and Conditional Release Act (punishment and hearing) first reading, October 18, 2006 Mr. Brown (Leeds—Grenville) 391331 SUMMARY The purpose of this enactment is to increase the punishment and impose a minimum punishment for the commission of an offence with a concealed weapon. The enactment also ensures that victims’ interests are taken into account during the conditional release process and that only the actual time spent in pre-trial custody is credited toward a term of imprisonment. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca .vis1 {position: absolute;display:block;} .vis2 {position: static;} 1st Session, 39th Parliament, 55 Elizabeth II, 2006 house of commons of canada BILL C-393 An Act to amend the Criminal Code and the Corrections and Conditional Release Act (punishment and hearing) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. C-46 CRIMINAL CODE 1. Subsection 90(2) of the Criminal Code is replaced by the following: Punishment (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable (a) in the case of a first offence, to imprisonment for a term not exceeding five years less a day and to a minimum punishment of imprisonment for a term of 90 days; and (b) in the case of a second or subsequent offence, to imprisonment for a term not exceeding five years less a day and to a minimum punishment of imprisonment for a term of one year. Sentence to be served consecutively (3) A sentence imposed on a person for an offence under subsection (1) shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1). Power of court to delay parole (4) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence under subsection (2), the court shall order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less. 2. (1) Section 236 of the Act is renumbered as subsection 236(1). (2) Subsection 236(1) of the Act is amended by striking out the word “and” at the end of paragraph (a) and by adding the following after paragraph (a): (a.1) where the person uses, in the commission of the offence against an unarmed victim, a knife that the person concealed for the purpose of committing the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (3) Section 236 of the Act is amended by adding the following after subsection (1): Power of court to delay parole (2) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence under paragraph (1)(a) or (a.1), the court shall order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less. 3. (1) Subparagraph 553(c)(i) of the Act is renumbered as subparagraph (i.1). (2) Paragraph 553(c) of the Act is amended by adding the following before subparagraph (i.1): (i) section 90 (carrying concealed weapon), 4. Subsection 719(3) of the Act is replaced by the following: Determination of sentence (3) In determining the sentence to be imposed on a person convicted of an offence, a court may take into account any time spent in custody by the person as a result of the offence, unless (a) the person was remanded to custody as a result of the review or revocation of an order to release the person; or (b) the person was not released, after being charged with the offence, by reason of previous convictions. Credit for pre-trial custody (3.1) If, pursuant to subsection (3), a court takes into account any time spent in custody by the person and determines that the time should be applied in the form of a credit towards a term of imprisonment, the ratio of credit to be applied by the court in deciding the term shall be one day of imprisonment for each day spent in custody. 1992, c. 20 CORRECTIONS AND CONDITIONAL RELEASE ACT 5. Section 101 of the Corrections and Conditional Release Act is amended by striking out the word “and” at the end of paragraph (e) and by adding the following after paragraph (f): (g) that victims be provided with timely information pertaining to the activities of the offender while in custody that the Board considers relevant to the safety and security of the victims, so that they may attend and participate in hearings with respect to the conditional release of the offender; and (h) that hearings with respect to conditional releases be adjourned only if the Board considers there is just cause to do so. 6. The Act is amended by adding the following after section 102: Adjournment of hearing 102.1 (1) The Board may, at the request of an offender, adjourn a hearing with respect to the conditional release of the offender if the Board is of the opinion that relevant information is not available and that the offender is not responsible for the unavailability of the information. Hearing reconvened (2) If the Board adjourns a hearing under the conditions set out in subsection (1), it shall reconvene the hearing at the earliest opportunity, taking into account the interests of the victims attending the hearing. Waiver of hearing 102.2 The waiver by an offender of a hearing with respect to a conditional release of the offender is deemed to be a denial of conditional release for the purposes of determining an eligibility date under this Act. Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services CanadaOttawa, Ontario K1A 0S5Telephone: (613) 941-5995 or 1-800-635-7943Fax: (613) 954-5779 or [email protected]://publications.gc.ca