Bill C-407: An Act to amend the Criminal Code (sentencing)

Bill C-407 LEGISinfo First Reading Bilingual view XML PDF Criminal Code First Session, Forty-second Parliament, 64-65-66-67 Elizabeth II, 2015-2016-2017-2018 HOUSE OF COMMONS OF CANADA BILL C-407 An Act to amend the Criminal Code (sentencing) FIRST READING, June 5, 2018 Ms. Benson 421514 SUMMARY This enactment amends the Criminal Code to grant the court broader discretion in matters of sentencing. Available on the House of Commons website at the following address: www.ourcommons.ca 1st Session, 42nd Parliament, 64-65-66-67 Elizabeth II, 2015-2016-2017-2018 HOUSE OF COMMONS OF CANADA BILL C-407 An Act to amend the Criminal Code (sentencing) 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 The Criminal Code is amended by adding the following after section 109: Change to mandatory prohibition order 109.‍1 (1) Despite section 109, the Court that sentences the person or directs that the person be discharged, as the case may be, may decide not to make a prohibition order or decide to vary any of its terms and conditions, including the duration of the prohibition, if the court considers it just and reasonable to do so. Written reasons (2) The court shall state in the record of the proceedings its reasons for not making a prohibition order or for varying it under subsection (1). 2 Subsections 718.‍3(1) and (2) of the Act are replaced by the following: Degrees of punishment 718.‍3 (1) If an enactment prescribes different degrees or kinds of punishment in respect of an offence, the punishment to be imposed is, despite the limitations prescribed in the enactment, in the discretion of the court that convicts a person who commits the offence. Discretion respecting punishment (2) If an enactment prescribes a punishment in respect of an offence, the punishment to be imposed, including a punishment declared to be a minimum punishment, is in the discretion of the court that convicts a person who commits the offence despite the limitations prescribed in the enactment. 3 The Act is amended by adding the following after section 718.‍3: Minimum punishment or parole ineligibility 718.‍4 (1) Prior to imposing a minimum punishment of imprisonment or a period of parole ineligibility under a provision of this Act, a court shall consider all other available options and be of the opinion that no alternative is just and reasonable. Written reasons (2) The court shall state in the record of the proceedings its reasons for imposing a minimum punishment of imprisonment or period of parole ineligibility under a provision of this Act. 4 Subsection 720(2) of the Act is replaced by the following: Court-supervised programs (2) The court may, with the consent of the offender and after considering the interests of justice and of any victim of the offence, delay sentencing to enable the offender to attend, under the supervision of the court, a treatment or counselling program that the court considers appropriate in the circumstances. 5 Section 737 of the Act is amended by adding the following after subsection (4): Exemption (5) If an offender establishes to the satisfaction of the court that payment of a victim surcharge under subsection (1) would cause undue hardship to the offender, the court may, on application of the offender, make an order exempting the offender from the payment of the victim surcharge. Undue hardship (6) For the purposes of subsection (5), undue hardship means the offender is unable to pay a victim surcharge on account of the offender’s precarious financial circumstances, including because of their unemployment, homelessness, lack of assets or significant financial obligations towards their dependants. For greater certainty (6.‍1) For greater certainty, for the purposes of subsection (6), the imprisonment of the offender alone does not constitute undue hardship. 6 Section 745.‍2 of the Act is replaced by the following: Recommendation by jury 745.‍2 Subject to section 745.‍3,if a jury finds an accused guilty of first degree murder or second degree murder, the judge presiding at the trial shall, before discharging the jury, put to them the following question: You have found the accused guilty of first degree murder or second degree murder and the law requires that I now pronounce a sentence of imprisonment for life against the accused. Do you wish to make any recommendation with respect to the number of years that the accused must serve before the accused is eligible for release on parole? You are not required to make any recommendation but if you do, your recommendation will be considered by me when I am determining whether I should substitute for the twenty-five year period or for the ten year period, as the case may be, which the law would otherwise require the accused to serve before the accused is eligible to be considered for release on parole, another period of time. Published under authority of the Speaker of the House of Commons Publication Explorer Publication Explorer ParlVU