Bill C-41
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42-43-44 ELIZABETH II |
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CHAPTER 22 |
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An Act to amend the Criminal Code
(sentencing) and other Acts in
consequence thereof
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[Assented to 13th June, 1995]
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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, cc. 12,
13
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CRIMINAL CODE |
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R.S., c. 27 (1st
Supp.), s. 203;
1992, c. 20, s.
199
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1. Section 149 of the Criminal Code is
replaced by the following:
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Service of
term for
escape
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149. (1) Notwithstanding section 743.1, a
court that convicts a person for an escape
committed while undergoing imprisonment
may order that the term of imprisonment be
served in a penitentiary, even if the time to be
served is less than two years.
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Definition of
``escape''
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(2) In this section, ``escape'' means
breaking prison, escaping from lawful custody
or, without lawful excuse, being at large
before the expiration of a term of
imprisonment to which a person has been
sentenced.
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2. Paragraph 553(c) of the Act is
amended by striking out the word ``or'' at
the end of subparagraph (vii), by adding the
word ``or'' at the end of subparagraph (viii)
and by adding the following after
subparagraph (viii):
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R.S., c. 27 (1st
Supp.), s. 135
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3. Section 665 of the Act is repealed.
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4. The heading before section 668 and
sections 668 and 669 of the Act are repealed.
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1992, c. 1, s.
58 (Sch. I,
item 12);
1993, c. 45, s.
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5. (1) The definition ``sentence'' in section
673 of the Act is replaced by the following:
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``sentence'' « sentence », « peine » ou « condamnati on »
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``sentence'' includes
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(2) On the coming into force of section
747.1 of the Criminal Code, as enacted by
section 6 of this Act, paragraph (b) of the
definition ``sentence'' in section 673 of the
Criminal Code is replaced by the following:
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R.S., c. 27 (1st
Supp.), ss.
154 to 165,
203; c. 24
(2nd Supp.),
ss. 46, 47; c. 1
(4th Supp.), s.
18 (Sch. I,
items 20(F) to
25(F)); c. 23
(4th Supp.),
ss. 6, 7; 1990,
c. 17, s. 14;
1992, c. 1, s.
60 (Sch. I,
item 39(F)), c.
11, ss. 14 to
16, c. 20, ss.
200 to 203,
228, c. 22, s.
12, c. 51, s. 39
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6. Part XXIII of the Act is replaced by the
following:
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PART XXIII |
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SENTENCING |
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Interpretation |
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Definitions
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716. In this Part,
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``accused'' « accusé »
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``accused'' includes a defendant;
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``alternative
measures'' « mesures de rechange »
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``alternative measures'' means measures other
than judicial proceedings under this Act
used to deal with a person who is eighteen
years of age or over and alleged to have
committed an offence;
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``court'' « tribunal »
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``court'' means
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``fine'' « amende »
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``fine'' includes a pecuniary penalty or other
sum of money, but does not include
restitution.
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Alternative Measures |
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When
alternative
measures may
be used
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717. (1) Alternative measures may be used
to deal with a person alleged to have
committed an offence only if it is not
inconsistent with the protection of society and
the following conditions are met:
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Restriction on
use
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(2) Alternative measures shall not be used
to deal with a person alleged to have
committed an offence if the person
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Admissions
not admissible
in evidence
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(3) No admission, confession or statement
accepting responsibility for a given act or
omission made by a person alleged to have
committed an offence as a condition of the
person being dealt with by alternative
measures is admissible in evidence against
that person in any civil or criminal
proceedings.
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No bar to
proceedings
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(4) The use of alternative measures in
respect of a person alleged to have committed
an offence is not a bar to proceedings against
the person under this Act, but, if a charge is
laid against that person in respect of that
offence,
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Laying of
information,
etc.
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(5) Subject to subsection (4), nothing in this
section shall be construed as preventing any
person from laying an information, obtaining
the issue or confirmation of any process, or
proceeding with the prosecution of any
offence, in accordance with law.
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Records of
persons dealt
with
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717.1 Sections 717.2 to 717.4 apply only in
respect of persons who have been dealt with
by alternative measures, regardless of the
degree of their compliance with the terms and
conditions of the alternative measures.
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Police records
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717.2 (1) A record relating to any offence
alleged to have been committed by a person,
including the original or a copy of any
fingerprints or photographs of the person, may
be kept by any police force responsible for, or
participating in, the investigation of the
offence.
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Disclosure by
peace officer
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(2) A peace officer may disclose to any
person any information in a record kept
pursuant to this section that it is necessary to
disclose in the conduct of the investigation of
an offence.
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Idem
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(3) A peace officer may disclose to an
insurance company any information in a
record kept pursuant to this section for the
purpose of investigating any claim arising out
of an offence committed or alleged to have
been committed by the person to whom the
record relates.
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Government
records
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717.3 (1) A department or agency of any
government in Canada may keep records
containing information obtained by the
department or agency
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Private
records
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(2) Any person or organization may keep
records containing information obtained by
the person or organization as a result of the use
of alternative measures to deal with a person
alleged to have committed an offence.
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Disclosure of
records
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717.4 (1) Any record that is kept pursuant to
section 717.2 or 717.3 may be made available
to
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Subsequent
disclosure
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(2) Where a record is made available for
inspection to any person under subparagraph
(1)(d)(i), that person may subsequently
disclose information contained in the record,
but may not disclose the information in any
form that would reasonably be expected to
identify the person to whom it relates.
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Information,
copies
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(3) Any person to whom a record is
authorized to be made available under this
section may be given any information
contained in the record and may be given a
copy of any part of the record.
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Evidence
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(4) Nothing in this section authorizes the
introduction into evidence of any part of a
record that would not otherwise be admissible
in evidence.
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Idem
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(5) A record kept pursuant to section 717.2
or 717.3 may not be introduced into evidence,
except for the purposes set out in paragraph
721(3)(c), more than two years after the end of
the period for which the person agreed to
participate in the alternative measures.
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