1st Session, 36th Parliament,
46 Elizabeth II, 1997

The House of Commons of Canada

BILL C-242

An Act to amend the Criminal Code (violent crimes)

R.S., c. C-46; R.S., cc. 2, 11, 27, 31, 47, 51, 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42; 1996, cc. 7, 8, 16, 19, 31, 34; 1997, cc. 9, 16, 17, 18, 23, 30

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Criminal Code is amended by adding the following after section 761:

Punishment on third conviction

761.1 (1) Notwithstanding anything in this Act, every one who is convicted for the third time of one or more offences mentioned in the schedule to this Part shall be sentenced to imprisonment for life.

Exception

(2) Where more than one offence mentioned in the schedule to this Part is committed in relation to the same set of facts, only one such offence shall be taken into account for the purpose of this section.

SCHEDULE
(Section 761.1)

1. An offence under any one of the following provisions of the Criminal Code:

    (a) section 74 (piracy by law of nations),

    (b) section 76 (hijacking),

    (c) section 77 (endangering safety of aircraft in flight and rendering aircraft incapable of flight),

    (d) paragraph 81(1)(a) or (b) (using explosives),

    (e) section 236 (manslaughter),

    (f) section 238 (killing unborn child in act of birth),

    (g) section 239 (attempt to commit murder),

    (h) section 246 (overcoming resistance to commission of offence),

    (i) section 248 (interfering with transportation facilities),

    (j) section 273 (aggravated sexual assault),

    (k) section 279 (kidnapping, forcible confinement),

    (l) section 279.1 (hostage taking),

    (m) section 344 (robbery),

    (n) section 433 (arson - disregard for human life),

    (o) paragraph 465(1)(a) (conspiracy to commit murder).

For greater certainty

2. The offence provided for under section 144 (rape) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 4, 1983.