Bill C-25
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55. Section 203 of the Act and the
headings before it are replaced by the
following:
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DIVISION 8 |
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PROVISIONS APPLICABLE TO IMPRISONMENT AND DETENTION |
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56. The heading before section 204 of the
Act is replaced by the following:
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Computation of Term
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57. Subsections 204(1) and (2) of the Act
are replaced by the following:
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Commence- ment of term
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204. (1) Subject to subsection (3) and
sections 215 to 218, the term of a punishment
of imprisonment or detention shall commence
on the date on which the service tribunal
pronounces sentence on the offender.
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Time counted
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(2) The only time that shall be reckoned
toward the completion of a term of a
punishment of imprisonment or detention
shall be the time that the offender spends in
civil custody or service custody while under
the sentence in which that punishment is
included.
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58. The Act is amended by adding the
following before section 205:
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Service Prisons and Detention Barracks
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1991, c. 43, s.
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59. The heading before section 206 and
sections 206 to 214 of the Act are repealed.
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60. Sections 215 and 216 of the Act are
replaced by the following:
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Service
tribunal may
suspend
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215. Where an offender has been sentenced
to imprisonment or detention, the carrying
into effect of the punishment may be
suspended by the service tribunal that
imposed the punishment .
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Definition of
``suspending
authority''
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216. (1) In this section and sections 217 and
218, ``suspending authority'' means any
authority prescribed to be a suspending
authority by the Governor in Council in
regulations .
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Suspension of
imprison- ment or detention
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(2) A suspending authority may suspend a
punishment of imprisonment or detention ,
whether or not the offender has already been
committed to undergo that punishment.
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Committing
authority may
postpone
committal
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(3) Where an offender has been sentenced
to imprisonment or detention and suspension
of the punishment has been recommended, the
authority empowered to commit the offender
to a penitentiary, civil prison, service prison or
detention barrack, as the case may be, may
postpone committal until directions of a
suspending authority have been obtained.
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Mandatory
suspension of
detention
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(4) A suspending authority shall suspend a
punishment of detention in the circumstances
prescribed by the Governor in Council in
regulations.
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Effect of
suspension
before
committal
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216.1 (1) Where a punishment is suspended
before committal to undergo the punishment,
the offender shall, if in custody, be discharged
from custody and the term of the punishment
shall not commence until the offender has
been ordered to be committed to undergo that
punishment.
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Effect of
suspension
after
committal
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(2) Where a punishment is suspended after
committal to undergo the punishment, the
offender shall be discharged from the place in
which the offender is incarcerated and the
currency of the punishment shall be arrested
after the day of that discharge until the
offender is again ordered to be committed to
undergo that punishment.
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61. Subsection 217(3) of the Act is
replaced by the following:
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Automatic
remission of
detention
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(3) A punishment of detention that has been
suspended is deemed to be wholly remitted on
the expiration of one year commencing on the
day the suspension was ordered, unless the
punishment has been put into execution prior
to the expiration of that period.
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62. Subsection 220(1) of the Act is
replaced by the following:
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Committal of
service
convicts
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220. (1) A service convict whose
punishment of imprisonment for life or for
two years or more is to be put into execution
shall as soon as practicable be committed to a
penitentiary to undergo punishment according
to law, except that a committing authority
may, in accordance with regulations made by
the Governor in Council, order that a service
convict be committed to a service prison to
undergo the punishment or any part of the
punishment .
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1992, c. 20,
par. 215(1)(d)
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63. Subsection 222(2) of the Act is
replaced by the following:
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Jurisdiction
and discretion
of National
Parole Board
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(2) Where the punishment of a service
convict undergoing punishment in a
penitentiary or a service prisoner undergoing
punishment in a civil prison is not suspended,
mitigated, commuted or remitted under this
Act within six months after the date of the
committal of that convict or prisoner to that
penitentiary or civil prison, the National
Parole Board has, subject to Part II of the
Corrections and Conditional Release Act,
exclusive jurisdiction and absolute discretion
to grant, refuse to grant or revoke the parole of
that convict or prisoner.
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64. Paragraph 226(3)(b) of the Act is
replaced by the following:
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65. Section 227 of the Act and the heading
before it are repealed.
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66. The headings before section 228 of the
Act are replaced by the following:
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DIVISION 9 |
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APPEALS |
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General Provisions
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67. Section 229 of the Act is repealed.
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1991, c. 43, s.
23(2)
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68. Paragraph 238(3)(b) of the Act is
replaced by the following:
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1991, c. 43, s.
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69. Paragraph 239(2)(b) of the Act is
replaced by the following:
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1991, c. 43, s.
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70. Section 240 of the Act is replaced by
the following:
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Substitution
of new
sentence
where illegal
sentence set
aside
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240. On the hearing of an appeal respecting
the legality of a sentence imposed by a court
martial, the Court Martial Appeal Court, if it
allows the appeal, may substitute for the
sentence imposed by the court martial a
sentence that is warranted in law.
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1991, c. 43, s.
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71. Section 241.2 of the Act is repealed.
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72. (1) Subsection 244(1) of the Act is
amended by adding the following after
paragraph (c):
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(2) Paragraphs 244(1)(g) and (h) of the
Act are replaced by the following:
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73. The heading before section 246 of the
Act and sections 246 to 248 are repealed.
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R.S., c. 31 (1st
Supp.), s. 57
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74. The headings before section 248.1 and
sections 248.1 and 248.2 of the Act are
replaced by the following:
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DIVISION 10 |
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RELEASE PENDING APPEAL |
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Release by
court martial
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248.1 Every person sentenced to a period of
detention or imprisonment by a court martial
has, within twenty-four hours after being so
sentenced, the right to apply to that court
martial or, in any circumstances that may be
provided for by regulations made by the
Governor in Council, to a military judge , for
a direction that the person be released from
detention or imprisonment until the expiration
of the time to appeal referred to in subsection
232(3) and, if there is an appeal, until the
determination of the appeal.
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Release by
judge of the
CMAC
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248.2 Every person sentenced to a period of
detention or imprisonment by a court martial
who appeals under Division 9 has the right, if
the person has not applied under section
248.1, to apply to a judge of the Court Martial
Appeal Court or, in any circumstances that
may be provided for by regulations made by
the Governor in Council, to a military judge ,
for a direction that the person be released from
detention or imprisonment until the
determination of the appeal.
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R.S., c. 31 (1st
Supp.), s. 57
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75. (1) The portion of section 248.3 of the
Act before paragraph (a) is replaced by the
following:
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Court may
direct release
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248.3 On hearing an application to be
released from detention or imprisonment, the
court martial, the military judge or the judge
of the Court Martial Appeal Court , as the case
may be, may direct that the person making the
application be released as provided for in
sections 248.1 and 248.2 if the person
establishes
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R.S., c. 31 (1st
Supp.), s. 57
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(2) Subparagraph 248.3(a)(ii) of the Act
is replaced by the following:
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R.S., c. 31 (1st
Supp.), s. 57
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(3) Subparagraph 248.3(b)(ii) of the Act
is replaced by the following:
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R.S., c. 31 (1st
Supp.), s. 57
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76. Section 248.4 of the French version of
the Act is replaced by the following:
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Droit de
l'avocat des
Forces
canadiennes
d'être entendu
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248.4 À l'audition de la demande de
libération, l'avocat des Forces canadiennes a
le droit de présenter ses observations s'il le
désire, une fois reçues les observations faites
par l'auteur de la demande ou en son nom.
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R.S., c. 31 (1st
Supp.), s. 57
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77. Section 248.5 of the Act is replaced by
the following:
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Undertaking
if application
granted
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248.5 If an application for release is
granted, the court martial, the military judge
or the judge of the Court Martial Appeal
Court , as the case may be, may direct that the
person making the application be released on
giving an undertaking to
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R.S., c. 31 (1st
Supp.), s. 57
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78. The portion of subsection 248.8(1) of
the French version of the Act before
paragraph (a) is replaced by the following:
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Examen des
conditions
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248.8 (1) Les conditions de l'engagement
visé à l'article 248.5 peuvent, sur demande de
la personne qui a pris l'engagement ou de
l'avocat des Forces canadiennes, être
examinées par la Cour d'appel de la cour
martiale; celle-ci peut, selon le cas :
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R.S., c. 31 (1st
Supp.), s. 57
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79. (1) The portion of subsection
248.81(1) of the French version of the Act
before paragraph (a) is replaced by the
following:
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Violation de
l'engagement
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248.81 (1) Si elle est convaincue que
l'engagement pris par une personne en vertu
de l'article 248.5 a été violé ou le sera
vraisemblablement, l'autorité visée au
paragraphe (2) peut, pour des motifs valables,
sur demande de l'avocat des Forces
canadiennes :
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R.S., c. 31 (1st
Supp.), s. 57
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(2) Paragraphs 248.81(2)(a) to (c) of the
Act are replaced by the following:
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R.S., c. 31 (1st
Supp.), c. 57;
1993, c. 34, s.
95 (F)
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(3) Subsection 248.81(3) of the Act is
replaced by the following:
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Exception
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(3) In the circumstances provided for in
regulations made by the Governor in Council,
the authority to whom an application under
subsection (1) may be made in respect of a
direction made pursuant to an application
under section 248.2 is a military judge .
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R.S., c. 31 (1st
Supp.), s. 57
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80. Subsection 248.9(4) of the Act is
replaced by the following:
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Application of
provisions
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(4) The provisions of this Division apply,
with such modifications as the circumstances
require, to any appeal under this section.
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81. The Act is amended by adding the
following after section 248.9:
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Surrender into
custody
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248.91 A person released pending appeal
under this Division may surrender himself or
herself into custody at any time to serve a
sentence of detention or imprisonment
imposed on the person.
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82. The headings before section 249 and
sections 249 to 251 of the Act are replaced
by the following:
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