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Bill C-41

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R.S., c. Y-1

Young Offenders Act

R.S., c. 27 (1st Supp.), s. 187 (Sch. V, subitem 7(1))

16. Subsection 20(8) of the Young Offenders Act is replaced by the following:

Application of Part XXIII of Criminal Code

(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.

Other Acts of Parliament

Schedule III

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.

Schedule IV

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.

CONDITIONAL AMENDMENTS

Bill C-37

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,

    (a) if subsection 743.5(1) of the Criminal Code, as enacted by section 6 of this Act, comes into force before subsection 37(1) of Bill C-37, the references in the latter subsection to ``741.1'' are thereupon replaced by references to ``743.5''; or

    (b) if subsection 37(1) of Bill C-37 comes into force before subsection 743.5(1) of the Criminal Code, as enacted by section 6 of this Act, then the latter subsection, when it comes into force, is replaced by the following:

Transfer of jurisdiction

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.

Bill C-37

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,

    (a) if subsection 743.5(3) of the Criminal Code, as enacted by section 6 of this Act, comes into force before subsection 37(2) of Bill C-37, the references in the latter subsection to ``741.1'' and ``731'' are thereupon replaced by references to ``743.5'' and ``743.1'', respectively; or

    (b) if subsection 37(2) of Bill C-37 comes into force before subsection 743.5(3) of the Criminal Code, as enacted by section 6 of this Act, then the latter subsection, when it comes into force, is replaced by the following:

Remaining portion deemed to constitute one sentence

(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.

Bill C-37

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,

    (a) if section 745.1 of the Criminal Code, as enacted by section 6 of this Act, comes into force before section 38 of Bill C-37, the references in the latter section to ``742.1'' are thereupon replaced by references to ``745.1''; or

    (b) if section 38 of Bill C-37 comes into force before section 745.1 of the Criminal Code, as enacted by section 6 of this Act, then section 745.1, when it comes into force, is replaced by the following:

Persons under eighteen

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

    (a) such period between five and seven years of the sentence as is specified by the judge presiding at the trial, or if no period is specified by the judge presiding at the trial, five years, in the case of a person who was under the age of sixteen at the time of the commission of the offence;

    (b) ten years, in the case of a person convicted of first degree murder who was sixteen or seventeen years of age at the time of the commission of the offence; and

    (c) seven years, in the case of a person convicted of second degree murder who was sixteen or seventeen years of age at the time of the commission of the offence.

Bill C-37

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,

    (a) if section 745.3 of the Criminal Code, as enacted by section 6 of this Act, comes into force before section 39 of Bill C-37, the references in the latter section to ``743.1'' are thereupon replaced by references to ``745.3''; or

    (b) if section 39 of Bill C-37 comes into force before section 745.3 of the Criminal Code, as enacted by section 6 of this Act, then section 745.3, when it comes into force, is replaced by the following:

Persons under sixteen

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:

    You have found the accused guilty of first degree murder (or second degree murder) and the law requires that I now pronounce a sentence of imprisonment for life against the accused. Do you wish to make any recommendation with respect to the period of imprisonment that the accused must serve before the accused is eligible for release on parole? You are not required to make any recommendation but if you do, your recommendation will be considered by me when I am determining the period of imprisonment that is between five years and seven years that the law would require the accused to serve before the accused is eligible to be considered for release on parole.

Bill C-37

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,

    (a) if section 745.5 of the Criminal Code, as enacted by section 6 of this Act, comes into force before section 40 of Bill C-37, the references in the latter section to ``744.1'', ``742.1'' and ``743.1'' are thereupon replaced by references to ``745.5'', ``745.1'' and ``745.3'', respectively; or

    (b) if section 40 of Bill C-37 comes into force before section 745.5 of the Criminal Code, as enacted by section 6 of this Act, then section 745.5, when it comes into force, is replaced by the following:

Idem

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.

Bill C-37

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,

    (a) if section 746 of the Criminal Code, as enacted by section 6 of this Act, comes into force before section 41 of Bill C-37, the references in the latter section to ``742'', ``742.1'', ``744'', 744.1'' and ``745'' are thereupon replaced by references to ``745'', ``745.1'', ``745.4'', ``745.5'' and ``745.6'', respectively; or

    (b) if section 41 of Bill C-37 comes into force before section 746 of the Criminal Code, as enacted by section 6 of this Act, then the portion of section 746 before paragraph (a), when it comes into force, is replaced by the following:

Time spent in custody

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

Bill C-37

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,

    (a) if section 16 of this Act comes into force before subsection 13(6) of Bill C-37, the references in that subsection to ``735(1.1) to (1.4)'', ``736(2)'', ``749'', ``750'' and ``751'' are thereupon replaced by references to ``722'', ``730(2)'', ``748'', ``748.1'' and ``749'', respectively; or

    (b) if subsection 13(6) of Bill C-37 comes into force before section 16 of this Act, then section 16, when it comes into force, is replaced by the following:

R.S., c. 27 (1st Supp.), s. 187 (Sch. V, subitem 7(1))

16. Subsection 20(8) of the Young Offenders Act is replaced by the following:

Application of Part XXIII of Criminal Code

(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.

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.

COMING INTO FORCE

Coming into force

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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