Bill C-69: An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in R. v. Nur

C-69 Second Session, Forty-first Parliament, 62-63-64 Elizabeth II, 2013-2014-2015 HOUSE OF COMMONS OF CANADA BILL C-69 An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in R. v. Nur first reading, June 10, 2015 MINISTER OF JUSTICE 90780 SUMMARY This enactment amends section 95 of the Criminal Code to (a) establish mandatory minimum punishments of imprisonment for indictable offences under that section that are committed for the purpose of committing another indictable offence under that Act or the Controlled Drugs and Substances Act or that are committed in a manner that, objectively speaking, creates a real risk of harm to another person; (b) prescribe that, under certain circumstances, the offence is deemed to be committed in a manner that creates a real risk of harm to another person; and (c) prescribe certain exceptions to the application of the section. Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 2nd Session, 41st Parliament, 62-63-64 Elizabeth II, 2013-2014-2015 house of commons of canada BILL C-69 An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in R. v. Nur Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Penalties for the Criminal Possession of Firearms Act. R.S., c. C-46 CRIMINAL CODE 1995, c. 39, s. 139; 2008, c. 6, s. 8(1); 2012, c. 6, s. 5(E) 2. (1) Subsection 95(1) of the Criminal Code is replaced by the following: Possession of prohibited or restricted firearm with ammunition 95. (1) Subject to subsection (3), every person commits an offence who possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with ammunition that is ca­pable of being discharged in the firearm and that is capable of being loaded into it without delay. 2008, c. 6, s. 8(2) (2) Paragraph 95(2)(a) of the Act is replaced by the following: (a) is guilty of an indictable offence and is liable (i) in either of the following cases, to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of three years, for a first offence, and five years, for a second or subsequent offence: (A) the offence is committed for the purpose of committing an indictable offence under this Act or the Controlled Drugs and Substances Act, or (B) the offence is committed in a manner that, having regard to all the circumstances, creates a real risk of physical or psychological harm to another person, and (ii) in any other case, to imprisonment for a term not exceeding 10 years; 1995, c. 39, s. 139 (3) Subsection 95(3) of the Act is replaced by the following: Deeming provision (2.1) For the purposes of clause (2)(a)(i)(B), in the absence of evidence to the contrary, the offence is deemed to be committed in a manner that, having regard to all the circumstances, creates a real risk of physical or psychological harm to another person if it is committed (a) in a place where another person is present; or (b) in or next to a school or other public place, as defined in section 150, usually frequented by persons under the age of 18 years, at a time when such persons can reasonably be expected to be present. Exception (3) Subsection (1) does not apply to a person who (a) possesses the firearm in accordance with the Firearms Act and any regulation made under section 117 of that Act respecting the storage, handling, transportation or display of prohibited firearms or restricted firearms, as the case may be; (b) is using the firearm under the direct and immediate supervision of another person who is lawfully entitled to possess it and is using the firearm in a manner in which that other person may lawfully use it; or (c) comes into possession of the firearm by the operation of law and intends to, within a reasonable period, lawfully dispose of it or take the necessary measures to possess it in accordance with the Firearms Act and any regulation made under section 117 of that Act respecting the storage, handling, transportation or display of prohibited firearms or restricted firearms, as the case may be. Clarification (4) For greater certainty, a person may plead the common law rule of innocent possession in respect of proceedings for an offence under subsection (1). COMING INTO FORCE Order in council 3. This Act comes into force on a day to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Explanatory NotesCriminal Code Clause 2: (1) Existing text of subsection 95(1): 95. (1) Subject to subsection (3), every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, without being the holder of (a) an authorization or a licence under which the person may possess the firearm in that place; and (b) the registration certificate for the firearm. (2) Relevant portion of subsection 95(2): (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of (i) in the case of a first offence, three years, and (ii) in the case of a second or subsequent offence, five years; or (3) Existing text of subsection 95(3): (3) Subsection (1) does not apply to a person who is using the firearm under the direct and immediate supervision of another person who is lawfully entitled to possess it and is using the firearm in a manner in which that other person may lawfully use it.