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Bill S-267

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First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022-2023

SENATE OF CANADA

BILL S-267
An Act to amend the Criminal Code (aggravating circumstance — evacuation order or emergency)

FIRST READING, June 13, 2023

THE HONOURABLE SENATOR ATAULLAHJAN

4412211


SUMMARY

This enactment amends the Criminal Code to provide that taking advantage of the fact that a place is under an evacuation order or is experiencing a natural disaster or emergency is to be considered an aggravating circumstance for sentencing purposes.

Available on the Senate of Canada website at the following address:
www.sencanada.ca/en


1st Session, 44th Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022-2023

SENATE OF CANADA

BILL S-267

An Act to amend the Criminal Code (aggravating circumstance — evacuation order or emergency)

His 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

1Paragraph 718.‍‍2(a) of the Criminal Code is amended by adding the following after subparagraph (iii.‍‍2):

  • Start of inserted block

    (iii.‍3)evidence that the offender, in committing the offence, took advantage of the fact that the place where the offence was committed was under a lawful evacuation order or was experiencing a natural disaster or other emergency,

    End of inserted block
Published under authority of the Senate of Canada



EXPLANATORY NOTES

Criminal Code
Clause 1:Text of relevant portion of section 718.‍2:

718.‍2A court that imposes a sentence shall also take into consideration the following principles:

  • (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,

    • . . .


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