Bill C-459
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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
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The House of Commons of Canada
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BILL C-459 |
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An Act to amend the Criminal Code
(consecutive sentencing)
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| 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, 39
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1. Section 149 of the Criminal Code is
replaced by the following:
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| Sentences to
be served
consecutively
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149. (1) Notwithstanding any provision in
this or any other Act of Parliament, a court that
convicts a person for an escape shall order that
the sentence imposed on the person for that
escape be served consecutively to
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| Service of
term for
escape
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(2) Notwithstanding section 743.1, a court
that convicts a person for an escape committed
while undergoing imprisonment may order
that the term of imprisonment be served in a
penitentiary, even if the time to be served is
less than two years.
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| Definition
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(3) In this section, ``escape'' means
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| Definition
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(4) In paragraphs (1)(a), (c) and (d),
``sentence'' does not include a sentence of life
imprisonment or a sentence for an
indeterminate period.
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| Interpreta- tion
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(5) For the purposes of paragraph (1)(a), an
escape referred to in paragraph (3)(c) is
deemed to occur at the moment a person is at
large.
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| Interpreta- tion
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(6) For the purposes of paragraph (1)(c), a
person is deemed to commit an escape
referred to in paragraph (3)(c) on every day
that the person is, without lawful excuse, at
large before the expiration of a term of
imprisonment to which the person has been
sentenced.
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| Definition
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(7) In paragraph (1)(d), ``at large'' means at
large while not under a sentence of
imprisonment.
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