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Bill C-238

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First Reading

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SUMMARY
Criminal Code

First Session, Forty-third Parliament,

68-69 Elizabeth II, 2019-2020

HOUSE OF COMMONS OF CANADA

BILL C-238
An Act to amend the Criminal Code (possession of unlawfully imported firearms)

FIRST READING, February 27, 2020

NOTE

2nd Session, 43rd Parliament

This bill was introduced during the first session of the 43rd Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the first session. The number of the bill remains unchanged.

Mr. Saroya

431121

SUMMARY

This enactment amends the Criminal Code to provide that a person who is charged with an offence in respect of the possession of a firearm that is alleged to have been unlawfully imported into Canada is required to demonstrate that their pre-trial detention is not justified. It also increases the mandatory minimum penalty for the possession of such weapons.

Available on the House of Commons website at the following address:

www.ourcommons.ca

1st Session, 43rd Parliament,

68-69 Elizabeth II, 2019-2020

HOUSE OF COMMONS OF CANADA

BILL C-238

An Act to amend the Criminal Code (possession of unlawfully imported firearms)

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

R.‍S.‍, c. C-46

Criminal Code

1 (1) The portion of subsection 96(2) of the Criminal Code before paragraph (a) is replaced by the following:

(2) Insertion start Subject to subsection (2.‍1) Insertion end , every person who commits an offence under subsection (1)

(2) Section 96 of the Act is amended by adding the following after subsection (2):

Punishment — offence under subsection 103(1)

(2.‍1) Every person who commits an offence under subsection (1) when the object in question was obtained by the commission of an offence under subsection 103(1) is, if prosecuted by indictment, liable to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of

(a) in the case of a first offence, three years; and
(b) in the case of a second or subsequent offence, five years.
End of inserted block

2 Paragraph 515(6)‍(a) of the Act is amended by adding the following after subparagraph (vi):

Start of inserted block
(vi.‍1) that is an offence under subsection 96(1) and that involves an object that is alleged to have been obtained by the commission of an offence under subsection 103(1),
End of inserted block

Published under authority of the Speaker of the House of Commons