Bill C-526

1st Session, 41st Parliament,

60-61-62 Elizabeth II, 2011-2012-2013

house of commons of canada

BILL C-526

An Act to amend the Criminal Code (sentenc­ing)

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

SHORT TITLE

1. This Act may be cited as the Cracking Down on Organized Crime and Terrorism Act.

2. Paragraph 718.2(a) of the Criminal Code is replaced by the following:

(a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing,

(i) the following shall be deemed to be aggravating circumstances:

(A) evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor,

(B) evidence that the offender, in committing the offence, abused the offend-er’s spouse or common-law partner,

(C) evidence that the offender, in committing the offence, abused a person under the age of eighteen years,

(D) evidence that the offender, in committing the offence, abused a position of trust or authority in relation to the victim,

(E) evidence that the offence had a significant impact on the victim, considering their age and other personal circumstances, including their health and financial situation, or

(ii) the following shall be deemed to be serious aggravating circumstances:

(A) evidence that the offence was committed for the benefit of, at the direction of, or in association with a criminal organization, or

(B) evidence that the offence was a terrorism offence;