Bill C-212
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1st Session, 36th Parliament, 46 Elizabeth II, 1997
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The House of Commons of Canada
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BILL C-212 |
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An Act to amend the Criminal Code and the
Young Offenders Act (capital
punishment)
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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;
1996, cc. 7, 8,
16, 19, 31, 34;
1997, cc. 9,
16, 17, 18, 23,
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CRIMINAL CODE |
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1. Section 235 of the Criminal Code is
replaced by the following:
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| Punishment
for first
degree murder
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235. (1) Every one who commits first
degree murder is guilty of an indictable
offence and shall be sentenced
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| Punishment
for second
degree murder
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(2) Every one who commits second degree
murder is guilty of an indictable offence and
shall be sentenced to imprisonment for life.
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| Minimum
punishment
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(3) For the purposes of Part XXIII, the
sentence of imprisonment for life prescribed
by this section is a minimum punishment.
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2. The Act is amended by adding the
following after section 675:
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| Right of
appeal of
person
sentenced to
death
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675.1 (1) Notwithstanding any other provi
sion of this Act, a person who has been
sentenced to death may appeal to the court of
appeal against the conviction on any ground of
appeal that involves a question of law or fact
or mixed law and fact.
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| Notice
deemed to
have been
given
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(2) A person who has been sentenced to
death shall, notwithstanding that the person
has not given notice pursuant to section 678,
be deemed to have given such notice and to
have appealed against the conviction.
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| Court of
appeal may
consider
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(3) The court of appeal, on an appeal
pursuant to this section, shall
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3. Subsection 678(2) of the Act is replaced
by the following:
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| Extension of
time
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(2) The court of appeal or a judge thereof
may at any time extend the time within which
notice of appeal or notice of an application for
leave to appeal may be given, but this
subsection does not apply where a sentence of
death has been imposed pursuant to a convic
tion.
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| Effect of
certificate
from the
registrar
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(3) The production of a certificate from the
registrar that notice of appeal has been given
or the production of a certificate from the
Minister of Justice that the Minister has
exercised any of the powers conferred upon
him by section 690 is sufficient authority to
suspend the execution of a sentence of death,
and where, pursuant to such suspension, a new
time is required to be fixed for execution of the
sentence, it may be fixed by the judge who
imposed the sentence or any judge who might
have held or sat in the same court.
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| Suspension of
execution of
sentence of
death
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(4) Where, pursuant to a conviction, a
sentence of death has been imposed, the
execution of the sentence shall be suspended
until after the determination of the appeal
pursuant to section 675.1 whether or not the
production of a certificate mentioned in
subsection (3) has been made, and where, as a
result of such suspension, a new time is
required to be fixed for the execution of the
sentence, it may be fixed by the judge who
imposed the sentence or any judge who might
have held or sat in the same court.
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4. Subsection 682(4) of the Act is replaced
by the following:
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| Copies to
interested
parties
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(4) A party to an appeal is entitled to receive
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a copy or transcript of any material that is pre
pared under subsections (1) and (2).
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5. Section 691 of the Act is replaced by the
following:
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| Appeal from
conviction
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691. (1) A person who is convicted of an
indictable offence other than an offence
punishable by death and whose conviction is
affirmed by the court of appeal may appeal to
the Supreme Court of Canada
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| Appeal where
acquittal set
aside
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(2) A person who is acquitted of an
indictable offence other than an offence
punishable by death or by reason of a verdict
of not criminally responsible on account of
mental disorder and whose acquittal is set
aside by the court of appeal may appeal to the
Supreme Court of Canada
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6. The Act is amended by adding the
following after section 691:
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| Appeal where
sentence of
death
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691.1 Notwithstanding any other provision
of this Act, a person
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may appeal to the Supreme Court of Canada
on any ground of law or fact or mixed law and
fact.
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7. Subsection 730(1) of the Act is replaced
by the following:
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| Absolute and
conditional
discharge
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730. (1) Where an accused, other than a
corporation, pleads guilty to or is found guilty
of an offence, other than an offence for which
a minimum punishment is prescribed by law
or an offence punishable by imprisonment for
fourteen years or for life or by the death
penalty , the court before which the accused
appears may, if it considers it to be in the best
interests of the accused and not contrary to the
public interest, instead of convicting the
accused, by order direct that the accused be
discharged absolutely or on the conditions
prescribed in a probation order made under
subsection 731(2).
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8. Section 745.1 of the Act is replaced by
the following:
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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
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9. Section 745.3 of the Act is replaced by
the following:
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| Persons under
sixteen
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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
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:
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that the law would require the accused to serve
before the accused is eligible to be considered
for release on parole.
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10. Section 745.5 of the Act is replaced by
the following:
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| Persons under
sixteen
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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 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 recom
mendation, if any, made pursuant to section
745.3, by order, decide the period of imprison
ment the offender is to serve that
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without eligibility for parole, as the judge
deems fit in the circumstances.
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11. (1) Paragraph 745.6(1)(a) of the Act is
replaced by the following:
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(2) Subsection 745.6(2) of the Act is
repealed.
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12. (1) The portion of subsection 746.1(2)
of the Act before paragraph (a) is replaced
by the following:
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| Temporary
absences and
day parole
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(2) Subject to subsections (3) and (4), 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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(2) Paragraph 746.1(3) of the Act is
replaced by the following:
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| Temporary
absences and
day parole
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(3) Notwithstanding the Corrections and
Conditional Release Act, in the case of any
person convicted of first degree murder 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 the period of imprisonment the person is to
serve without eligibility for parole,
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(4) Notwithstanding the Corrections and
Conditional Release Act, in the case of any
person convicted of second degree murder
who was eighteen years or more 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 the period of imprisonment the person is to
serve without eligibility for parole,
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| Temporary
absences and
day parole
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(5) Notwithstanding the Corrections and
Conditional Release Act, in the case of any
person convicted of 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 imprison
ment the person is to serve without eligibility
for parole
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13. The Act is amended by adding the
following after section 746.1:
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