Bill C-366
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2nd Session, 35th Parliament, 45 Elizabeth II, 1996-97
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The House of Commons of Canada
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BILL C-366 |
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An Act to amend the Criminal Code
(joyriding)
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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, 38, 44;
1995, cc. 5,
19, 22, 27, 29,
32, 39, 42
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1. (1) Subsection 335(1) of the Criminal
Code is replaced by the following:
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| Taking motor
vehicle or
vessel without
consent
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(1) Every one who, without the consent of
the owner, takes a motor vehicle or vessel with
intent to drive, use, navigate or operate it or
cause it to be driven, used, navigated or
operated is guilty of an offence punishable on
summary conviction and, notwithstanding the
Young Offenders Act or any other Act or law,
is liable to a term of imprisonment of not less
than six months and not exceeding two years,
or to a fine of not less than $1,000 and not
exceeding $5,000, or to both, and, if ordered
by the court, to pay an amount of damages
fixed by the court as restitution to the victim
of the offence.
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(2) The Act is amended by adding the
following after subsection (2):
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| Payment by
parent or
guardian
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(3) Notwithstanding any other Act or law,
where a court finds a young person under the
meaning of the Young Offenders Act guilty of
an offence under subsection (1), and the court
is of the opinion that the case would be best
met by the imposition of a fine, damages or
costs, with or without restitution or any other
action, the court may, if satisfied that the
parent or guardian of the young person
contributed to the commission of the offence
by neglecting to exercise due care of the
young person or otherwise, order that the fine,
damages or costs awarded be paid by the
parent or guardian instead of by the young
person.
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