Bill C-41

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Royal Assent

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	Hospital Orders
Definitions	747. In this section and sections 747.1 to 747.8,
``assessment report'' « rapport d'évaluation »	``assessment report'' means a written report made pursuant to an assessment order made under section 672.11 by a psychiatrist who is entitled under the laws of a province to practise psychiatry or, where a psychiatrist is not practicably available, by a medical practitioner;
``hospital order'' « ordonnance de détention dans un hôpital »	``hospital order'' means an order by a court under section 747.1 that an offender be detained in a treatment facility;
``medical practitioner'' « médecin »	``medical practitioner'' means a person who is entitled to practise medicine by the laws of a province;
``treatment facility'' « centre de soins »	``treatment facility'' means any hospital or place for treatment of the mental disorder of an offender, or a place within a class of such places, designated by the Governor in Council, the lieutenant governor in council of the province in which the offender is sentenced or a person to whom authority has been delegated in writing for that purpose by the Governor in Council or that lieutenant governor in council.
Court may make a hospital order	747.1 (1) A court may order that an offender be detained in a treatment facility as the initial part of a sentence of imprisonment where it finds, at the time of sentencing, that the offender is suffering from a mental disorder in an acute phase and the court is satisfied, on the basis of an assessment report and any other evidence, that immediate treatment of the mental disorder is urgently required to prevent further significant deterioration of the mental or physical health of the offender, or to prevent the offender from causing serious bodily harm to any person.
Limitation on hospital order	(2) A hospital order shall be for a single period of treatment not exceeding sixty days, subject to any terms and conditions that the court considers appropriate.
Form	(3) A hospital order may be in Form 51.
Warrant of committal	(4) A court that makes a hospital order shall issue a warrant for committal of the offender, which may be in Form 8.
Recommende d treatment facility	747.2 (1) In a hospital order, the court shall specify that the offender be detained in a particular treatment facility recommended by the central administration of any penitentiary, prison or other institution to which the offender has been sentenced to imprisonment, unless the court is satisfied, on the evidence of a medical practitioner, that serious harm to the mental or physical health of the offender would result from travelling to that treatment facility or from the delay occasioned in travelling there.
Court chooses treatment facility	(2) Where the court does not follow a recommendation referred to in subsection (1), it shall order that the offender be detained in a treatment facility that is reasonably accessible to the place where the accused is detained when the hospital order is made or to the place where the court is located.
Condition	747.3 No hospital order may be made unless the offender and the person in charge of the treatment facility where the offender is to be detained consent to the order and its terms and conditions, but nothing in this section shall be construed as making unnecessary the obtaining of any authorization or consent to treatment from any other person that is or may be required otherwise than under this Act.
Exception	747.4 No hospital order may be made in respect of an offender
	(a) who is convicted of or is serving a sentence imposed in respect of a conviction for an offence for which a minimum punishment of imprisonment for life is prescribed by law;
	(b) who has been found to be a dangerous offender pursuant to section 753;
	(c) where the term of imprisonment to be served by the offender does not exceed sixty days;
	(d) where the term of imprisonment is imposed on the offender in default of payment of a fine or of a victim fine surcharge imposed under subsection 737(1); or
	(e) where the sentence of imprisonment imposed on the offender is ordered under paragraph 732(1)(a) to be served intermittently.
Offender to serve remainder of sentence	747.5 (1) An offender shall be sent or returned to a prison to serve the portion of the offender's sentence that remains unexpired where
	(a) the hospital order expires before the expiration of the sentence; or
	(b) the consent to the detention of the offender in the treatment facility pursuant to the hospital order is withdrawn either by the offender or by the person in charge of the treatment facility.
Transfer from one treatment facility to another	(2) Before the expiration of a hospital order in respect of an offender, the offender may be transferred from the treatment facility specified in the hospital order to another treatment facility where treatment of the offender's mental disorder is available, if the court authorizes the transfer in writing and the person in charge of the treatment facility consents.
Detention to count as service of term	747.6 Each day that an offender is detained under a hospital order shall be treated as a day of service of the term of imprisonment of the offender, and the offender shall be deemed, for all purposes, to be lawfully confined in a prison during that detention.
Application of section 12 of Corrections and Conditional Release Act	747.7 Notwithstanding section 12 of the Corrections and Conditional Release Act, an offender in respect of whom a hospital order is made and who is sentenced or committed to a penitentiary may, during the period for which that order is in force, be received in a penitentiary before the expiration of the time limited by law for an appeal and shall be detained in the treatment facility specified in the order during that period.
Copy of warrant and order given to prison and hospital	747.8 Where a court makes a hospital order in respect of an offender, the court shall cause a copy of the order and of the warrant of committal issued pursuant to subsection 747.1 to be sent to the central administration of the penitentiary, prison or other institution where the term of imprisonment imposed on the offender is to be served and to the treatment facility where the offender is to be detained for treatment.
	Pardons and Remissions
To whom pardon may be granted	748. (1) Her Majesty may extend the royal mercy to a person who is sentenced to imprisonment under the authority of an Act of Parliament, even if the person is imprisoned for failure to pay money to another person.
Free or conditional pardon	(2) The Governor in Council may grant a free pardon or a conditional pardon to any person who has been convicted of an offence.
Effect of free pardon	(3) Where the Governor in Council grants a free pardon to a person, that person shall be deemed thereafter never to have committed the offence in respect of which the pardon is granted.
Punishment for subsequent offence not affected	(4) No free pardon or conditional pardon prevents or mitigates the punishment to which the person might otherwise be lawfully sentenced on a subsequent conviction for an offence other than that for which the pardon was granted.
Remission by Governor in Council	748.1 (1) The Governor in Council may order the remission, in whole or in part, of a fine or forfeiture imposed under an Act of Parliament, whoever the person may be to whom it is payable or however it may be recoverable.
Terms of remission	(2) An order for remission under subsection (1) may include the remission of costs incurred in the proceedings, but no costs to which a private prosecutor is entitled shall be remitted.
Royal prerogative	749. Nothing in this Act in any manner limits or affects Her Majesty's royal prerogative of mercy.
	Disabilities
Public office vacated for conviction	750. (1) Where a person is convicted of an indictable offence for which the person is sentenced to imprisonment for two years or more and holds, at the time that person is convicted, an office under the Crown or other public employment, the office or employment forthwith becomes vacant.
When disability ceases	(2) A person to whom subsection (1) applies is, until undergoing the punishment imposed on the person or the punishment substituted therefor by competent authority or receives a free pardon from Her Majesty, incapable of holding any office under the Crown or other public employment, or of being elected or sitting or voting as a member of Parliament or of a legislature or of exercising any right of suffrage.
Disability to contract	(3) No person who is convicted of an offence under section 121, 124 or 418 has, after that conviction, capacity to contract with Her Majesty or to receive any benefit under a contract between Her Majesty and any other person or to hold office under Her Majesty.
Application for restoration of privileges	(4) A person to whom subsection (3) applies may, at any time before a pardon is granted to the person under section 4.1 of the Criminal Records Act, apply to the Governor in Council for the restoration of one or more of the capacities lost by the person by virtue of that subsection.
Order of restoration	(5) Where an application is made under subsection (4), the Governor in Council may order that the capacities lost by the applicant by virtue of subsection (3) be restored to that applicant in whole or in part and subject to such conditions as the Governor in Council considers desirable in the public interest.
Removal of disability	(6) Where a conviction is set aside by competent authority, any disability imposed by this section is removed.
	Miscellaneous Provisions
Costs to successful party in case of libel	751. The person in whose favour judgment is given in proceedings by indictment for defamatory libel is entitled to recover from the opposite party costs in a reasonable amount to be fixed by order of the court.
How recovered	751.1 Where costs that are fixed under section 751 are not paid forthwith, the party in whose favour judgment is given may enter judgment for the amount of the costs by filing the order in any civil court of the province in which the trial was held that has jurisdiction to enter a judgment for that amount, and that judgment is enforceable against the opposite party in the same manner as if it were a judgment rendered against that opposite party in that court in civil proceedings.
1992, c. 1, s. 58 (Sch. I, item 16)	7. (1) The definition ``sentence'' in section 785 of the Act is replaced by the following:
``sentence'' « sentence », « peine » ou « condamnati on »	``sentence'' includes
	(a) a declaration made under subsection 199(3),
	(b) an order made under subsection 100(2) or 259(1) or (2), section 261, subsection 730(1) or section 737, 738, 739 or 742.3, and
	(c) a disposition made under section 731 or 732 or subsection 732.2(3) or (5), 742.4(3) or 742.6(9);
	(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 785 of the Criminal Code is replaced by the following:
	(b) an order made under subsection 100(2) or 259(1) or (2), section 261, subsection 730(1), section 737, 738, 739 or 742.3 or subsection 747.1(1), and
	8. Section 810 of the Act is amended by adding the following after subsection (4):
Modification of recognizance	(4.1) The justice or the summary conviction court may, on application of the informant or the defendant, vary the conditions fixed in the recognizance.
	9. The portion of Form 21 of the Act under the heading ``Remarks'' is replaced by the following:
	(state whether the sentence is consecutive or concurrent, and specify consecutive or concurrent to/with what other sentence)
Schedule I	10. The references in a provision of the Criminal Code set out in column I of an item of Schedule I 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.
	CONSEQUENTIAL AMENDMENTS
R.S., c. 23 (4th Supp.)	An Act to amend the Criminal Code (victims of crime)
	*11. Section 6 of An Act to amend the Criminal Code (victims of crime), chapter 23 of the 4th Supplement to the Revised Statutes of Canada, 1985, is repealed.*
1991, c. 43	An Act to amend the Criminal Code (mental disorder) and to amend the National Defence Act and the Young Offenders Act in consequence thereof
	12. Sections 5 and 6 of An Act to amend the Criminal Code (mental disorder) and to amend the National Defence Act and the Young Offenders Act in consequence thereof, chapter 43 of the Statutes of Canada, 1991, are repealed.
1992, c. 20	Corrections and Conditional Release Act
	13. The references to a provision of the Criminal Code set out in column II of an item of Schedule II to this Act that are contained in the provision of the Corrections and Conditional Release Act set out in column I of that item are replaced by the references set out in column III of that item.
1992, c. 1	Miscellaneous Statute Law Amendment Act, 1991
	*14. Subsection 58(2) of the Miscellaneous Statute Law Amendment Act, 1991* is repealed.**
	15. Section 13 of Schedule I to the Act is repealed.