Bill C-41
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| Where person
imprisoned
for new
offence
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742.7 Where an offender who is at large
under a conditional sentence is imprisoned for
another offence, whenever committed, the
running of the conditional sentence is
suspended during the period of imprisonment
for that other offence, unless otherwise
ordered by the court under subsection
742.4(3) or 742.6(9), but no such order may be
incompatible with subsection 718.3(5).
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Imprisonment |
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| Imprisonment
when no other
provision
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743. Every one who is convicted of an
indictable offence for which no punishment is
specially provided is liable to imprisonment
for a term not exceeding five years.
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| Imprisonment
for life or
more than two
years
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743.1 (1) Except where otherwise provided,
a person who is sentenced to imprisonment for
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shall be sentenced to imprisonment in a
penitentiary.
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| Subsequent
term less than
two years
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(2) Where a person who is sentenced to
imprisonment in a penitentiary is, before the
expiration of that sentence, sentenced to
imprisonment for a term of less than two
years, the person shall serve that term in a
penitentiary, but if the previous sentence of
imprisonment in a penitentiary is set aside,
that person shall serve that term in accordance
with subsection (3).
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| Imprisonment
for term less
than two years
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(3) A person who is sentenced to
imprisonment and who is not required to be
sentenced as provided in subsection (1) or (2)
shall, unless a special prison is prescribed by
law, be sentenced to imprisonment in a prison
or other place of confinement, other than a
penitentiary, within the province in which the
person is convicted, in which the sentence of
imprisonment may be lawfully executed.
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| Sentence to
penitentiary
of person
serving
sentence
elsewhere
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(4) Where a person is sentenced to
imprisonment in a penitentiary while the
person is lawfully imprisoned in a place other
than a penitentiary, that person shall, except
where otherwise provided, be sent
immediately to the penitentiary, and shall
serve in the penitentiary the unexpired portion
of the term of imprisonment that that person
was serving when sentenced to the
penitentiary as well as the term of
imprisonment for which that person was
sentenced to the penitentiary.
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| Transfer to
penitentiary
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(5) Where, at any time, a person who is
imprisoned in a prison or place of confinement
other than a penitentiary is subject to two or
more terms of imprisonment, each of which is
for less than two years, that are to be served
one after the other, and the aggregate of the
unexpired portions of those terms at that time
amounts to two years or more, the person shall
be transferred to a penitentiary to serve those
terms, but if any one or more of such terms is
set aside or reduced and the unexpired
portions of the remaining term or terms on the
day on which that person was transferred
under this section amounted to less than two
years, that person shall serve that term or
terms in accordance with subsection (3).
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| Newfoundlan
d
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(6) For the purposes of subsection (3),
``penitentiary'' does not, until a day to be fixed
by order of the Governor in Council, include
the facility mentioned in subsection 15(2) of
the Corrections and Conditional Release Act.
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| Report by
court to
Correctional
Service
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743.2 A court that sentences or commits a
person to penitentiary shall forward to the
Correctional Service of Canada its reasons
and recommendation relating to the sentence
or committal, any relevant reports that were
submitted to the court, and any other
information relevant to administering the
sentence or committal.
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| Sentence
served
according to
regulations
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743.3 A sentence of imprisonment shall be
served in accordance with the enactments and
rules that govern the institution to which the
prisoner is sentenced.
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| Transfer of
young person
to place of
custody
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743.4 (1) Where a young person is
sentenced to imprisonment under this or any
other Act of Parliament, the young person
may, with the consent of the provincial
director, be transferred to a place of custody
for any portion of the young person's term of
imprisonment, but in no case shall that young
person be kept in a place of custody under this
section after that young person attains the age
of twenty years.
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| Removal of
young person
from place of
custody
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(2) Where the provincial director certifies
that a young person transferred to a place of
custody under subsection (1) can no longer be
held therein without significant danger of
escape or of detrimentally affecting the
rehabilitation or reformation of other young
persons held therein, the young person may be
imprisoned during the remainder of his term
of imprisonment in any place where that
young person might, but for subsection (1),
have been imprisoned.
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| Words and
expressions
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(3) For the purposes of this section, the
expressions ``provincial director'' and
``young person'' have the meanings assigned
by subsection 2(1) of the Young Offenders Act,
and the expression ``place of custody'' means
``open custody'' or ``secure custody'' within
the meaning assigned by subsection 24.1(1) of
that Act.
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| Transfer of
jurisdiction
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743.5 (1) Where a person is 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, the court that sentences the person 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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| Whether
sentence to be
served
concurrently
or
consecutively
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(2) Where an order is made under
subsection (1), in respect of a disposition
made under paragraph 20(1)(k) or (k.1) of the
Young Offenders Act, the remaining portion of
the disposition to be served pursuant to the
order shall be served concurrently with the
sentence referred to in subsection (1), where it
is a term of imprisonment, unless the court
making the order orders that it be served
consecutively.
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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 imposed on the day the order
is made.
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Eligibility for Parole |
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| Power of
court to delay
parole
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743.6 (1) Notwithstanding subsection
120(1) of the Corrections and Conditional
Release Act, where an offender is sentenced,
after the coming into force of this section, to
a term of imprisonment of two years or more
on conviction for one or more offences set out
in Schedules I and II to that Act that were
prosecuted by way of indictment, the court
may, if satisfied, having regard to the
circumstances of the commission of the
offences and the character and circumstances
of the offender, that the expression of society's
denunciation of the offences 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.
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| Principles that
are to guide
the court
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(2) For greater certainty, the paramount
principles that 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
those paramount principles.
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Delivery of Offender to Keeper of Prison |
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| Execution of
warrant of
committal
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744. A peace officer or other person to
whom a warrant of committal authorized by
this or any other Act of Parliament is directed
shall arrest the person named or described
therein, if it is necessary to do so in order to
take that person into custody, convey that
person to the prison mentioned in the warrant
and deliver that person, together with the
warrant, to the keeper of the prison who shall
thereupon give to the peace officer or other
person who delivers the prisoner a receipt in
Form 43 setting out the state and condition of
the prisoner when delivered into custody.
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Imprisonment for Life |
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| Sentence of
life
imprisonment
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745. Subject to section 745.1, the sentence
to be pronounced against a person who is to be
sentenced to imprisonment for life shall be
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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 such period
between five and ten years of the sentence as
is specified by the judge presiding at the trial.
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| Recommendat
ion by jury
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745.2 Subject to section 745.3, where a jury
finds an accused guilty of second degree
murder, the judge presiding at the trial shall,
before discharging the jury, put to them the
following question:
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| Persons under
eighteen
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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
eighteen 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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| Ineligibility
for parole
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745.4 Subject to section 745.5, at the time
of the sentencing under section 745 of an
offender who is convicted of second degree
murder, 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 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 745.2, by order, substitute for ten years
a number of years of imprisonment (being
more than ten but not more than twenty-five)
without eligibility for parole, as the judge
deems fit in the circumstances.
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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 eighteen
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 ten years without
eligibility for parole, as the judge deems fit in
the circumstances.
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| Application
for judicial
review
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745.6 (1) Where a person has served at least
fifteen years of a sentence
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that person may apply to the appropriate Chief
Justice in the province in which the conviction
took place for a reduction in the number of
years of imprisonment without eligibility for
parole.
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| Judicial
hearing
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(2) On receipt of an application under
subsection (1), the appropriate Chief Justice
shall designate a judge of the superior court of
criminal jurisdiction to empanel a jury to hear
the application and determine whether the
applicant's number of years of imprisonment
without eligibility for parole ought to be
reduced having regard to
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and the determination shall be made by not
less than two thirds of the jury.
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| Definition of
``victim''
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(3) In subsection (2), ``victim'' has the same
meaning as in subsection 722(4).
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| Renewal of
application
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(4) Where the jury hearing an application
under subsection (1) determines that the
applicant's number of years of imprisonment
without eligibility for parole ought not to be
reduced, the jury shall set another time at or
after which an application may again be made
by the applicant to the appropriate Chief
Justice for a reduction in the applicant's
number of years of imprisonment without
eligibility for parole.
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| Reduction
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(5) Where the jury hearing an application
under subsection (1) determines that the
applicant's number of years of imprisonment
without eligibility for parole ought to be
reduced, the jury may, by order,
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| Rules
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(6) The appropriate Chief Justice in each
province or territory may make such rules in
respect of applications and hearings under this
section as are required for the purposes of this
section.
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| Definition of
``appropriate
Chief Justice''
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(7) For the purposes of this section, the
``appropriate Chief Justice'' is
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| Territories
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(8) For the purposes of this section, when
the appropriate Chief Justice is designating a
judge of the superior court of criminal
jurisdiction to empanel a jury to hear an
application in respect of a conviction that took
place in the Yukon Territory or the Northwest
Territories, the appropriate Chief Justice may
designate the judge from the Court of Appeal
or the Supreme Court of the Yukon Territory
or Northwest Territories, as the case may be.
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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, 745.4 or 745.6, there shall be
included any time spent in custody between
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| Parole
prohibited
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746.1 (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.
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| Temporary
absences and
day parole
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(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 years of the
specified number of years of imprisonment,
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| Idem
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(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,
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