Bill C-41
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R.S., c. Y-1
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Young Offenders Act |
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R.S., c. 27 (1st
Supp.), s. 187
(Sch. V,
subitem 7(1))
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16. Subsection 20(8) of the Young
Offenders Act is replaced by the following:
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Application of
Part XXIII of
Criminal
Code
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(8) Part XXIII of the Criminal Code does
not apply in respect of proceedings under this
Act except for subsection 730(2) and sections
748, 748.1 and 749, which provisions apply
with such modifications as the circumstances
require.
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Other Acts of Parliament |
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Schedule III
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17. The references in a provision of an Act
set out in column I of an item of Schedule III
to a provision of the Criminal Code set out
in column II of that item are replaced by the
references set out in column III of that item.
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Schedule IV
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18. Wherever in any Act of Parliament,
other than this Act or a provision referred
to in column I of Schedule I, II or III to this
Act, a reference is made to a provision of the
Criminal Code set out in column I of an item
of Schedule IV to this Act, it shall be
replaced by a reference to the provision set
out in column II of that item.
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CONDITIONAL AMENDMENTS |
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Bill C-37
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19. If Bill C-37, introduced during the
first session of the thirty-fifth Parliament
and entitled An Act to amend the Young
Offenders Act and the Criminal Code is
assented to, then,
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Transfer of
jurisdiction
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743.5 (1) Where a person is or has been
sentenced for an offence while subject to a
disposition made under paragraph 20(1)(j), (k)
or (k.1) of the Young Offenders Act, on the
application of the Attorney General or the
Attorney General's agent, a court of criminal
jurisdiction may, unless to so order would
bring the administration of justice into
disrepute, order that the remaining portion of
the disposition made under that Act be dealt
with, for all purposes under this Act or any
other Act of Parliament, as if it had been a
sentence imposed under this Act.
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Bill C-37
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20. If Bill C-37, introduced during the
first session of the thirty-fifth Parliament
and entitled An Act to amend the Young
Offenders Act and the Criminal Code is
assented to, then,
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Remaining
portion
deemed to
constitute one
sentence
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(3) For greater certainty, the remaining
portion of the disposition referred to in
subsection (2) shall, for the purposes of
section 139 of the Corrections and
Conditional Release Act and section 743.1 of
this Act, be deemed to constitute one sentence
of imprisonment.
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Bill C-37
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21. If Bill C-37, introduced during the
first session of the thirty-fifth Parliament
and entitled An Act to amend the Young
Offenders Act and the Criminal Code is
assented to, then,
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Persons under
eighteen
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745.1 The sentence to be pronounced
against a person who was under the age of
eighteen at the time of the commission of the
offence for which the person was convicted of
first degree murder or second degree murder
and who is to be sentenced to imprisonment
for life shall be that the person be sentenced to
imprisonment for life without eligibility for
parole until the person has served
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Bill C-37
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22. If Bill C-37, introduced during the
first session of the thirty-fifth Parliament
and entitled An Act to amend the Young
Offenders Act and the Criminal Code is
assented to, then,
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Persons under
sixteen
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745.3 Where a jury finds an accused guilty
of first degree murder or second degree
murder and the accused was under the age of
sixteen at the time of the commission of the
offence, the judge presiding at the trial shall,
before discharging the jury, put to them the
following question:
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Bill C-37
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23. If Bill C-37, introduced during the
first session of the thirty-fifth Parliament
and entitled An Act to amend the Young
Offenders Act and the Criminal Code is
assented to, then,
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Idem
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745.5 At the time of the sentencing under
section 745.1 of an offender who is convicted
of first degree murder or second degree
murder and who was under the age of sixteen
at the time of the commission of the offence,
the judge who presided at the trial of the
offender or, if that judge is unable to do so, any
judge of the same court, may, having regard to
the age and character of the offender, the
nature of the offence and the circumstances
surrounding its commission, and to the
recommendation, if any, made pursuant to
section 745.3, by order, decide the period of
imprisonment the offender is to serve that is
between five years and seven years without
eligibility for parole, as the judge deems fit in
the circumstances.
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Bill C-37
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24. If Bill C-37, introduced during the
first session of the thirty-fifth Parliament
and entitled An Act to amend the Young
Offenders Act and the Criminal Code is
assented to, then,
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Time spent in
custody
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746. In calculating the period of
imprisonment served for the purposes of
section 745, 745.1, 745.4, 745.5 or 745.6,
there shall be included any time spent in
custody between
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Bill C-37
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25. If Bill C-37, introduced during the
first session of the thirty-fifth Parliament
and entitled An Act to amend the Young
Offenders Act and the Criminal Code is
assented to, then,
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R.S., c. 27 (1st
Supp.), s. 187
(Sch. V,
subitem 7(1))
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16. Subsection 20(8) of the Young
Offenders Act is replaced by the following:
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Application of
Part XXIII of
Criminal
Code
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(8) Part XXIII of the Criminal Code does
not apply in respect of proceedings under this
Act except for section 722, subsection 730(2)
and sections 748, 748.1 and 749, which
provisions apply with such modifications as
the circumstances require.
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26. For greater certainty, conduct that
constituted an offence under the Criminal
Code before the date on which this section
comes into force constitutes the same
offence after that date.
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COMING INTO FORCE |
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Coming into
force
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27. This Act or any provision thereof, or
any provision of the Criminal Code as
amended or enacted by this Act, shall come
into force on a day or days to be fixed by
order of the Governor in Council.
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