Bill S-209
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S-209
Second Session, Forty-first Parliament,
62 Elizabeth II, 2013
SENATE OF CANADA
BILL S-209
An Act to amend the Criminal Code (exception to mandatory minimum sentences for manslaughter and criminal negligence causing death)
first reading, November 6, 2013
THE HONOURABLE SENATOR JAFFER
0740
SUMMARY
This enactment amends the Criminal Code to provide for an exception to the mandatory minimum sentences for manslaughter using a firearm and criminal negligence causing death with a firearm if the sentencing court is satisfied that the victim engaged in a pattern of conduct that constituted physical, sexual or psychological abuse of the offender.
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2nd Session, 41st Parliament,
62 Elizabeth II, 2013
senate of canada
BILL S-209
An Act to amend the Criminal Code (exception to mandatory minimum sentences for manslaughter and criminal negligence causing death)
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Paragraph 220(a) of the Criminal Code is replaced by the following:
(a) subject to paragraph (a.1), where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years;
(a.1) where a firearm is used in the commission of the offence and the court imposing sentence on the offender is satisfied that the victim engaged in a pattern of conduct constituting physical, sexual or psychological abuse of the offender, to imprisonment for life; and
2. Paragraph 236(a) of the Act is replaced by the following:
(a) subject to paragraph (a.1), where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years;
(a.1) where a firearm is used in the commission of the offence and the court imposing sentence on the offender is satisfied that the victim engaged in a pattern of conduct constituting physical, sexual or psychological abuse of the offender, to imprisonment for life; and
Published under authority of the Senate of Canada
Explanatory Notes
Criminal Code
Clause 1: Relevant portion of section 220:
220. Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable
(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
Clause 2: Relevant portion of section 236:
236. Every person who commits manslaughter is guilty of an indictable offence and liable
(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and