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Capital Punishment |
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Intravenous
injection
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746.11 A sentence of death shall be
executed by the intravenous injection of
sodium thiopental administered in a quantity
and in a manner calculated to cause death.
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Recommen- dation by jury
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746.12 (1) Where a jury finds an accused
guilty of an offence punishable by death, the
judge who presides at the trial shall, before
discharging the jury, put to it the following
question:
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Where jury is
unable to
agree on
recommen- dation
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(2) If the jury reports to the judge that it is
unable to agree upon a recommendation,
either in favour of clemency or against it, and
the judge is satisfied that further retention of
the jury would not lead to agreement, the
judge shall ascertain the number of jurors who
are in favour of making a recommendation for
clemency and the number of jurors who are
against making such a recommendation and
shall include such information in the report
required by section 746.13.
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Sentence of
death to be
reported to the
Attorney
General of
Canada
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746.13 A judge who sentences a person to
death shall appoint a day for the execution of
the sentence, and in appointing that day shall
allow a period of time that, in his opinion is
sufficient to enable the Governor General to
signify the pleasure of the Governor General
before that day, and shall forthwith make a
report of the case to the Attorney General of
Canada for the information of the Governor
General.
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Appeal to
court of
appeal
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746.14 (1) Where an accused is sentenced
to death pursuant to a conviction and the
sentence has not been commuted pursuant to
subsection 746.15(1), the appeal from the
conviction made pursuant to section 675.1
shall be heard and determined as soon as
practicable and the sentence shall not be
executed until after the determination of the
appeal.
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Appeal to
Supreme
Court of
Canada
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(2) Where an appeal from a conviction for
an offence punishable by death is dismissed by
the court of appeal and the sentence has not
been commuted pursuant to subsec
tion 746.15(1)
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New time for
the execution
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(3) Where the execution of a sentence of
death has been suspended pursuant to subsec
tion (1) or (2) and the conviction for which the
sentence was imposed is affirmed on appeal,
a new time for the execution of the sentence,
not less than sixty days and not more than
ninety days after the delivery of the judgment
in appeal, shall be fixed by the judge who
imposed the sentence or any judge who might
have held or sat in the same court.
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Commuting
death sentence
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746.15 (1) The Governor in Council may
commute a sentence of death imposed upon a
person in respect of an offence to imprison
ment for life where a majority of the jurors
who found the person guilty of the offence
recommended in favour of commuting the
sentence.
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When judge
may reprieve
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(2) Where a judge who sentences a person
to death or any judge who might have held or
sat in the same court considers that the person
should be recommended for the royal mercy,
or that, for any reason, it is necessary to delay
the execution of the sentence, the judge may,
at any time, reprieve the person for any period
that is necessary for the purpose.
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Notice to
authorities
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(3) A copy of an instrument duly certified
by the Clerk of the Privy Council or a writing
under the hand of the Attorney General of
Canada or Deputy Attorney General of Cana
da declaring that a sentence of death is
commuted is sufficient notice to and authority
for all persons having control over the prisoner
to do all things necessary to give effect to the
commutation.
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Sentence of
death in
N.W.T. and
Yukon
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(4) A judge who sentences a person to death
in the Northwest Territories or in the Yukon
Territory shall, after appointing a day for the
execution of the sentence, forthwith forward
to the Attorney General of Canada full notes
of the evidence taken at the trial and his report
upon the case, and the execution of the
sentence shall be suspended until the report is
received and the pleasure of the Governor
General is signified, and where, pursuant to
such suspension, a new time is required to be
fixed for execution of the sentence, it may be
fixed by the judge who imposed the sentence
or any judge having equivalent jurisdiction.
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Pregnancy
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746.16 (1) A female person who is sen
tenced to death may move in arrest of
execution on the ground that she is pregnant.
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Examination
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(2) Where a motion is made under subsec
tion (1), the court shall direct one or more
registered medical practitioners to be sworn to
examine the female person together or succes
sively and to determine whether or not she is
pregnant.
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Arresting
execution
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(3) Where, from the report of a medical
practitioner sworn under subsection (2), it
appears to the court that the female person is
pregnant, execution shall be arrested until she
is delivered of the child or until it is no longer
possible in the course of nature that she should
be so delivered.
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Prisoner to be
confined apart
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746.17 (1) A person who is sentenced to
death shall be confined in a safe place within
a prison apart from all other prisoners.
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Who to have
access
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(2) No person other than the keeper of the
prison and his servants, the prison doctor and
a minister or a representative of a faith
professed by the person who is sentenced to
death shall have access to the person who is
sentenced to death unless permission is given
in writing by a judge of the court by which the
sentence was imposed or by the sheriff.
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Place of
execution
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746.18 (1) A sentence of death shall be
executed within the walls of a prison.
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Who shall
attend
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(2) The sheriff, the keeper of the prison, the
prison doctor and any other persons required
by the sheriff shall be present at the execution
of a sentence of death.
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Who may
attend
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(3) A minister or a representative of a faith
professed by the person who is sentenced to
death and any other person whom the sheriff
considers it proper to admit may attend the
execution of a sentence of death.
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Certificate of
death
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746.19 (1) The prison doctor shall, as soon
as possible after a sentence of death has been
executed, examine the body of the executed
person, ascertain the fact of death and sign and
deliver to the sheriff a certificate in Form 52.
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Declaration
by sheriff and
keeper
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(2) The sheriff, the keeper of the prison and
any other persons who are present at the
execution of a sentence of death shall, if
required by the sheriff, sign a declaration in
Form 53.
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Deputies may
act
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746.2 Any duty that is imposed upon a
sheriff, keeper of the prison or prison doctor
by section 746.18 may, and in his absence
shall, be performed by his lawful deputy or
assistant or by the officer or person who
ordinarily acts for him or with him.
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Coroner's
inquest
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746.21 (1) A coroner of a district, county or
place where a sentence of death is executed
shall, within twenty-four hours after the
execution of the sentence, hold an inquest on
the body of the executed person.
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Identity of the
body of the
executed
person
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(2) The jury shall, at the inquest referred to
in subsection (1), inquire into and ascertain
the identity of the body of the executed person
and whether sentence of death was duly
executed.
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Inquisition in
duplicate
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(3) The coroner shall prepare the inquisition
in duplicate and shall deliver one to the sheriff.
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Jurors
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(4) No officer of a prison in which a
sentence of death is executed and no prisoner
confined therein shall be a juror on an inquest
referred to in subsection (1).
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Documents to
be sent to
Attorney
General of
Canada
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746.22 Where a sentence of death is
executed, the sheriff shall, as soon as possible,
send the certificates mentioned in sec
tion 746.19 and the inquisition referred to in
subsection 746.21(3) to the Attorney General
of Canada or to the person who, from time to
time, is appointed by the Governor in Council
to receive them.
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Place of burial
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746.23 The body of a person who is
executed pursuant to a sentence of death shall
be buried within the prison in which the
sentence was executed, unless the lieutenant
governor in council, the Commissioner of the
Yukon Territory or the Commissioner of the
Northwest Territories, as the case may be,
otherwise orders.
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Saving
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746.24 Failure to comply with sec
tions 746.15 to 746.22 does not make the
execution of a sentence of death illegal where
the execution would otherwise have been
legal.
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Regulations
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746.25 The Governor in Council may make
regulations with respect to the execution of
sentences of death.
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14. Subsection 750(1) of the Act is re
placed by the following:
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Public office
vacated for
conviction
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750. (1) Where a person is convicted of an
indictable offence for which the person is
sentenced to death or to imprisonment for two
years or more and holds, at the time that
person is convicted, an office under the Crown
or other public employment, the office or
employment forthwith becomes vacant.
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15. Part XXVIII of the Act is amended by
adding the following forms after Form 51:
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FORM 52 |
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(subsection 746.19(1)) |
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CERTIFICATE OF EXECUTION OF SENTENCE OF DEATH |
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I, A.B., prison doctor of the (prison), at
_____, hereby certify that I examined the
body of C.D. on whom sentence of death was
this ______ day executed in the said prison
and that I found that the said C.D. was dead.
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FORM 53 |
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(subsection 746.19(2)) |
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DECLARATION OF SHERIFF AND OTHERS |
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We, the undersigned, hereby declare that
sentence of death was this day executed on
C.D., in our presence in the (prison) at
______.
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Dated this ______ day of ______ A.D.
______, at ______.
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Keeper of the prison of......................... |
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______________________ ______________________ Others ______________________
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R.S., c. Y-1;
R.S., c. 27 (1st
Supp.), c. 24
(2nd Supp.),
c. 1 (3rd
Supp.), c. 1
(4th Supp.);
1991, c. 43;
1992, cc. 1,
11, 47; 1993,
cc. 28, 45;
1994, c. 26;
1995, cc. 19,
22, 27, 39;
1996, c. 19
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YOUNG OFFENDERS ACT |
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16. (1) Paragraph 20(1)(k.1) of the Young
Offenders Act is replaced by the following:
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(2) Subsection 20(4) of the Act is replaced
by the following:
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Combined
duration of
dispositions
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(4) Subject to subsection (4.1), where more
than one disposition is made under this section
in respect of a young person with respect to
different offences, the continuous combined
duration of those dispositions shall not exceed
three years, except where one of those of
fences is first degree murder or second degree
murder within the meaning of section 231 of
the Criminal Code, in which case the continu
ous combined duration of those dispositions
shall not exceed
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(3) Paragraph 20(4.1)(c) of the Act is
replaced by the following:
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