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C-289
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ENGLISHSUMMARYSUMMARY1 Criminal Code1 Criminal Code
Second Session, Forty-third Parliament,
69-70 Elizabeth II, 2020-2021
HOUSE OF COMMONS OF CANADA
BILL C-289
An Act to amend the Criminal Code (sentencing)
FIRST READING, April 20, 2021
Mr. Calkins
432033
SUMMARY
This enactment amends the Criminal Code to add, as an aggravating circumstance for sentencing purposes, evidence that an offence was directed at property or persons that were vulnerable because of their remoteness from emergency services and, for the purposes of some offences, the fact that a person carried, used or threatened to use a weapon or an imitation of a weapon.
It also requires that a court, when exercising its discretion to grant credit for time spent in custody in determining the sentence to be imposed on a person convicted of an offence, consider the reasons for detaining the person in pre-sentence custody.
Available on the House of Commons website at the following address:
www.ourcommons.ca
2nd Session, 43rd Parliament,
69-70 Elizabeth II, 2020-2021
HOUSE OF COMMONS OF CANADA
BILL C-289
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 Section 348.1 of the Criminal Code is replaced by the following:
Aggravating circumstance
348.1 If a person is convicted of an offence under section 98 or 98.1, subsection 279(2) or section 343, 346 or 348, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the place, within the meaning of paragraph 348(3)(a) or (b), was occupied at the time of the commission of the offence and that the person, in committing the offence, knew that or was reckless as to whether the place was occupied and
(a) used violence or threats of violence to a person or property; or
(b) carried, used or threatened to use a weapon or an imitation of a weapon.
2 Paragraph 718.2(a) of the Act is amended by adding the following after subparagraph (i):
(i.1) evidence that the offence was directed at property or persons that were vulnerable because of their remoteness from emergency medical or police services,
3 Section 719 of the Act is amended by adding the following after subsection (3):
Considerations
(3.01) In exercising its discretion under subsection (3), a court shall take into account the fact that the person was detained in custody for the reason stated in the record referred to in subsection 515(9.1).
Published under authority of the Speaker of the House of Commons
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