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Bill C-45

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SCHEDULE II
(Subsections 107(1) and 125(1) and sections 129, 130 and 132)

1. An offence under any of the following provisions of the Narcotic Control Act that was prosecuted by way of indictment:

    (a) section 4 (trafficking);

    (b) section 5 (importing and exporting);

    (c) section 6 (cultivation);

    (d) section 19.1 (possession of property obtained by certain offences); and

    (e) section 19.2 (laundering proceeds of certain offences).

2. An offence under any of the following provisions of the Food and Drugs Act that was prosecuted by way of indictment:

    (a) section 39 (trafficking in controlled drug);

    (b) section 44.2 (possession of property obtained by trafficking in controlled drug);

    (c) section 44.3 (laundering proceeds of trafficking in controlled drug);

    (d) section 48 (trafficking in restricted drug);

    (e) section 50.2 (possession of property obtained by trafficking in restricted drug); and

    (f) section 50.3 (laundering proceeds of trafficking in restricted drug).

3. The offence of conspiring, as provided by paragraph 465(1)(c) of the Criminal Code, to commit any of the offences referred to in section 1 or 2 of this Schedule, that was prosecuted by way of indictment.

69. The English version of the Act is amended by replacing the expression ``sentence of imprisonment'' with the word ``sentence'' in the following provisions:

    (a) the definition ``offender'' in subsection 99(1);

    (b) subsection 108(2);

    (c) subsection 112(1);

    (d) subsection 115(1);

    (e) subsections 119(1) and (2);

    (f) subsection 122(2);

    (g) subsection 123(1);

    (h) subsection 128(1);

    (i) subsection 128(3);

    (j) subsection 135(10);

    (k) paragraph 140(1)(a); and

    (l) subsection 226(2).

70. The English version of the Act is amended by replacing the expressions ``term'' and ``term of imprisonment'' with the word ``sentence'' in the following provisions:

    (a) the definitions ``day parole'' and ``full parole'' in subsection 99(1);

    (b) subsection 107(2);

    (c) subsection 108(2);

    (d) paragraph 135(6)(c);

    (e) subsection 135(8);

    (f) subsection 138(1); and

    (g) subsection 226(1).

71. The French version of the following provisions is amended by replacing the expression ``sans surveillance'' with the expression ``sans escorte'':

    (a) in the Corrections and Conditional Release Act,

      (i) subsection 18(2),

      (ii) subsection 25(2),

      (iii) subsection 66(1),

      (iv) subsection 66(3),

      (v) the definition ``permission de sortir sans surveillance'' in subsection 99(1),

      (vi) subsection 105(1),

      (vii) paragraph 107(1)(e),

      (viii) the heading before section 115,

      (ix) subsections 115(2) and (3),

      (x) subsections 116(1) to (4),

      (xi) subsections 116(7) to (10),

      (xii) subsection 117(3),

      (xiii) section 118,

      (xiv) the heading before section 128,

      (xv) subsection 128(1),

      (xvi) paragraphs 133(1)(a) to (c),

      (xvii) subsections 133(2) to (4),

      (xviii) subsections 134(1) and (2),

      (xix) subparagraph 142(1)(a)(iv),

      (xx) subparagraph 142(1)(b)(iii), and

      (xxi) subparagraph 142(1)(b)(v);

    (b) paragraph 747(2.1)(b) of the Criminal Code;

    (c) subsections 7(1) and (2) of the Prisons and Reformatories Act; and

    (d) paragraph 10(b) of the Transfer of Offenders Act.

72. The French version of the following provisions is amended by replacing the expression ``sous surveillance'' with the expression ``avec escorte'';

    (a) in the Corrections and Conditional Release Act,

      (i) the heading before section 17,

      (ii) paragraph 96(z.8), and

      (iii) subparagraph 142(1)(b)(iii);

    (b) paragraph 747(2.1)(c) of the Criminal Code;

    (c) subsection 7(1) of the Prisons and Reformatories Act; and

    (d) paragraph 10(c) of the Transfer of Offenders Act.

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, c. 12

CRIMINAL CODE

73. Section 675 of the Criminal Code is amended by adding the following after subsection (2):

Appeal against s. 741.2 order

(2.1) A person against whom an order under section 741.2 has been made may appeal to the court of appeal against the order.

74. Section 676 of the Act is amended by adding the following after subsection (4):

Appeal against decision not to make s. 741.2 order

(5) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against the decision of the court not to make an order under section 741.2.

1992, c. 20, s. 203

75. Section 741.2 of the Act is replaced by the following:

Power of court to delay parole

741.2 (1) Notwithstanding subsection 120(1) of the Corrections and Conditional Release Act, where an offender receives, on or after November 1, 1992, a sentence of imprisonment of two years or more, including a sentence of imprisonment for life imposed otherwise than as a minimum punishment, on conviction for an offence set out in Schedule I or II to that Act that was prosecuted by way of indictment, the court may, if satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society's denunciation of the offence or the objective of specific or general deterrence so requires, order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less.

Principles that are to guide the court

(2) For greater certainty, the paramount principles which are to guide the court under this section are denunciation and specific or general deterrence, with rehabilitation of the offender, in all cases, being subordinate to these paramount principles.

1992, c. 20, s. 228

76. Section 747 of the Act is replaced by the following:

Parole prohibited

747. (1) Unless Parliament otherwise provides by an enactment making express reference to this section, a person who has been sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act shall not be considered for parole or released pursuant to a grant of parole under the Corrections and Conditional Release Act or any other Act of Parliament until the expiration or termination of the specified number of years of imprisonment.

Absence with or without escort and day parole

(2) Subject to subsection (3), in respect of a person sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act, until the expiration of all but three of those years

    (a) no day parole may be granted under the Corrections and Conditional Release Act;

    (b) no absence without escort may be authorized under that Act or the Prisons and Reformatories Act; and

    (c) except with the approval of the National Parole Board, no absence with escort otherwise than for medical reasons or in order to attend judicial proceedings or a coroner's inquest may be authorized under either of those Acts.

Idem

(3) Notwithstanding the Corrections and Conditional Release Act, in the case of any person convicted of first degree murder or second degree murder who was under the age of eighteen at the time of the commission of the offence and who is sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act, until the expiration of all but one fifth of the period of imprisonment the person is to serve without eligibility for parole,

    (a) no day parole may be granted under the Corrections and Conditional Release Act;

    (b) no absence without escort may be authorized under that Act or the Prisons and Reformatories Act; and

    (c) except with the approval of the National Parole Board, no absence with escort otherwise than for medical reasons or in order to attend judicial proceedings or a coroner's inquest may be authorized under either of those Acts.

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