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

The House of Commons of Canada

BILL C-277

An Act to require a referendum on the restoration of the death penalty as a sentencing option and to amend the Referendum Act

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

Referendum on death penalty

1. It is hereby declared to be in the public interest to obtain, by means of a referendum, the opinion of the electors on whether the Criminal Code should be amended to restore the death penalty for first degree murder.

Question

2. At the referendum referred to in section 1, the question to be put to the electors shall be the following:

    ``DO YOU AGREE THAT THE CRIMINAL CODE SHOULD PROVIDE THE FOLLOWING:

First degree murder

235. (1) Every one who commits first degree murder is guilty of an indictable offence and shall be sentenced either to life imprisonment or to death .

Second degree murder

(2) Every one who commits second degree murder is guilty of an indictable offence and shall be sentenced to imprisonment for life.

Minimum punishments

(3) For the purposes of Part XXIII, the sentences prescribed by subsections (1) and (2) are minimum punishments .

YES OR NO''

Held at next general election

3. The referendum to be proclaimed by the Governor in Council pursuant to section 3 of the Referendum Act and section 1 of this Act shall be held at the same time as the general election under the Canada Elections Act that next follows the coming into force of this Act.

R.S., c. C-46

CRIMINAL CODE

4. If the referendum required by section 1 results in the opinion of the majority of voters being that the death penalty should be restored for first degree murder, then, effective the next following January 1, section 235 of the Criminal Code is replaced by the following:

First degree murder

235. (1) Every one who commits first degree murder is guilty of an indictable offence and shall be sentenced either to life imprisonment or to death .

Second degree murder

(2) Every one who commits second degree murder is guilty of an indictable offence and shall be sentenced to imprisonment for life.

Minimum punishments

(3) For the purposes of Part XXIII, the sentences prescribed by subsections (1) and (2) are minimum punishments .

1992, c. 30; 1996, c. 35

REFERENDUM ACT

5. Section 3 of the Referendum Act is amended by adding the following after subsection (1):

Proclamation of referendum

(1.1) Where an Act of Parliament states that it is in the public interest to obtain, by means of a referendum, the opinion of the electors on any question relating to the laws of Canada, the Governor in Council shall, by proclamation, direct that the opinion of the electors be obtained by putting the question to the electors of Canada at a referendum called for that purpose.