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|
(c) the combined duration of all the
dispositions may exceed three years, except
where the offence is, or one of the previous
offences was,
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|
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|
(i) aggravated first degree murder, in
which case the continuous combined
duration of the dispositions may exceed
fifteen years,
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|
(ii) first degree murder within the
meaning of section 231 of the Criminal
Code, in which case the continuous
combined duration of the dispositions
may exceed ten years, or
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|
(iii) second degree murder within the
meaning of section 231 of the Criminal
Code, in which case the continuous
combined duration of the dispositions
may exceed seven years.
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26. Subsection 45(2.1) of the Act is
replaced by the following:
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| Transfer of
records
relating to
serious
offences
|
(2.1) Where a special records repository has
been established pursuant to subsection
45.02(1), all records in the central repository
referred to in subsection 41(1) that relate to a
conviction for aggravated first degree murder,
first degree murder or second degree murder
within the meaning of section 231 of the
Criminal Code or an offence referred to in the
schedule shall, when the circumstances set out
in subsection (1) are realized in respect of the
records, be transferred to that special records
repository.
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|
27. (1) Subsection 45.02(2) of the Act is
replaced by the following:
|
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| Records
relating to
murder
|
(2) A record that relates to a conviction for
the offence of aggravated first degree murder,
first degree murder or second degree murder
within the meaning of section 231 of the
Criminal Code or an offence referred to in any
of paragraphs 16(1.01)(b) to (d) may be kept
indefinitely in the special records repository.
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|
(2) Paragraph 45.02(4)(b) of the Act is
replaced by the following:
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|
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(b) where the young person has
subsequently been charged with the
commission of aggravated first degree
murder , first degree murder or second
degree murder within the meaning of
section 231 of the Criminal Code or an
offence referred to in the schedule, to any
peace officer for the purpose of
investigating any offence that the young
person is suspected of having committed, or
in respect of which the young person has
been arrested or charged, whether as a
young person or as an adult;
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| R.S., c. T-15;
R.S., cc. 27,
31 (1st
Supp.); 1992,
c. 20; 1993, c.
34; 1995, cc.
22, 42
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28. Section 9 of the Transfer of Offenders
Act is replaced by the following:
|
|
| Eligibility for
parole,
murder cases
|
9. A Canadian offender who has been
sentenced to imprisonment for life for the
conviction of an offence that, if it had been
committed in Canada, would have constituted
murder within the meaning of section 229 or
230 of the Criminal Code and who is
transferred to Canada becomes eligible for
parole when ten years have elapsed after his
conviction unless the documents supplied by
the foreign state in which the offender was
convicted and sentenced show to the
satisfaction of the Minister that the
circumstances in which the offence was
committed were such that, if it had been
committed in Canada after July 26, 1976, it
would have been first degree murder within
the meaning of section 231 of the Criminal
Code, in which case the offender becomes
eligible for parole when fifteen years have
elapsed after his conviction or it would have
been aggravated first degree murder within
the meaning of section 231 of the Criminal
Code, in which case the offender becomes
eligible for parole when twenty-five years
have elapsed after his conviction.
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