Bill C-238: An Act to amend the Criminal Code (possession of unlawfully imported firearms)

Bill C-238 If you have any questions or comments regarding the accessibility of this publication, please contact us at [email protected]. First Reading LEGISinfo Bilingual view XML PDF Skip to Document Navigation Skip to Document Content ENGLISHSUMMARYSUMMARY1 Criminal Code1 Criminal Code First Session, Forty-third Parliament, 68-69 Elizabeth II, 2019-2020 HOUSE OF COMMONS OF CANADA BILL C-238 An Act to amend the Criminal Code (possession of unlawfully imported firearms) FIRST READING, February 27, 2020 NOTE 2nd Session, 43rd Parliament This bill was introduced during the first session of the 43rd Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the first session. The number of the bill remains unchanged. Mr. Saroya 431121 SUMMARY This enactment amends the Criminal Code to provide that a person who is charged with an offence in respect of the possession of a firearm that is alleged to have been unlawfully imported into Canada is required to demonstrate that their pre-trial detention is not justified. It also increases the mandatory minimum penalty for the possession of such weapons. Available on the House of Commons website at the following address: www.ourcommons.ca 1st Session, 43rd Parliament, 68-69 Elizabeth II, 2019-2020 HOUSE OF COMMONS OF CANADA BILL C-238 An Act to amend the Criminal Code (possession of unlawfully imported firearms) 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 (1) The portion of subsection 96(2) of the Criminal Code before paragraph (a) is replaced by the following: (2) Subject to subsection (2.‍1), every person who commits an offence under subsection (1) (2) Section 96 of the Act is amended by adding the following after subsection (2): Punishment — offence under subsection 103(1) (2.‍1) Every person who commits an offence under subsection (1) when the object in question was obtained by the commission of an offence under subsection 103(1) is, if prosecuted by indictment, liable to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of (a) in the case of a first offence, three years; and (b) in the case of a second or subsequent offence, five years. 2 Paragraph 515(6)‍(a) of the Act is amended by adding the following after subparagraph (vi): (vi.‍1) that is an offence under subsection 96(1) and that involves an object that is alleged to have been obtained by the commission of an offence under subsection 103(1), Published under authority of the Speaker of the House of Commons Publication Explorer Publication Explorer ParlVU