Bill C-41
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SUMMARY |
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This enactment implements reforms to the Criminal Code respecting
sentencing, mainly by amending Part XXIII.
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The major elements of the enactment are as follows:
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Part XXIII is amended to include an express statement of the purpose
and principles of sentencing. Where a crime is motivated by "hate", this
is deemed to be an aggravating factor for the purpose of sentencing.
Where a crime is committed by a person abusing a position of trust or
authority, this is also deemed to be an aggravating factor.
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Rules of evidence and procedure are updated.
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A provision for alternative measures for adult offenders is provided.
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The penalty for breach of probation is increased, and the conditions
of probation are modernized.
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New provisions for fine enforcement require courts to satisfy
themselves that an offender can pay, before imposing a fine. Provinces
and the federal government are authorized to refuse to issue permits,
licences or other similar instruments until the fine is paid. Civil
enforcement of fines is provided. Incarceration is a last resort for fine
enforcement, and the period of incarceration is governed by a formula
based on the provincial hourly minimum wage.
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A new sanction called the "Conditional Sentence" is introduced,
which permits the judge to impose a sentence of incarceration and then
suspend the operation of the sentence on conditions imposed by the
court. The purpose of a Conditional Sentence is supervision in the
community. An administrative enforcement mechanism is provided.
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Victims are permitted to make representations at hearings held to
determine whether the court-imposed period of ineligibility for parole
(for first or second degree murder) should be changed.
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The order of the provisions in Part XXIII is reorganized, so that Part
XXIII flows more logically and is easier to understand and use.
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Provinces are authorized to develop regulations respecting
pre-sentence reports.
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