Bill C-25

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No custody or release orders during assessment	202.18 (1) During the period that an assessment order made under this Division is in force, no order may be made for custody or release from custody of the accused person under any provision of Division 3 or for release from detention or imprisonment under any provision of Division 10 in respect of that offence or an included offence.
1991, c. 43, s. 18	54. Paragraph 202.26(d) of the Act is replaced by the following:
	(d) a reference in section 754 of the Criminal Code to the Attorney General of the province in which the accused person was tried is deemed to be a reference to the Minister;
	55. Section 203 of the Act and the headings before it are replaced by the following:
	DIVISION 8
	PROVISIONS APPLICABLE TO IMPRISONMENT AND DETENTION
	56. The heading before section 204 of the Act is replaced by the following:
	Computation of Term
	57. Subsections 204(1) and (2) of the Act are replaced by the following:
Commence- ment of term	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.
Time counted	(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.
	58. The Act is amended by adding the following before section 205:
	Service Prisons and Detention Barracks
1991, c. 43, s. 19	59. The heading before section 206 and sections 206 to 214 of the Act are repealed.
	60. Sections 215 and 216 of the Act are replaced by the following:
Service tribunal may suspend	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.
Definition of ``suspending authority''	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.
Suspension of imprison- ment or detention	(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.
Committing authority may postpone committal	(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.
Mandatory suspension of detention	(4) A suspending authority shall suspend a punishment of detention in the circumstances prescribed by the Governor in Council in regulations.
Effect of suspension before committal	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.
Effect of suspension after committal	(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.
	61. Subsection 217(3) of the Act is replaced by the following:
Automatic remission of detention	(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.
	62. Subsection 220(1) of the Act is replaced by the following:
Committal of service convicts	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.
1992, c. 20, par. 215(1)(d)	63. Subsection 222(2) of the Act is replaced by the following:
Jurisdiction and discretion of National Parole Board	(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.
	64. Paragraph 226(3)(b) of the Act is replaced by the following:
	(b) if sentenced by the civil court to imprisonment for life or a term of two years or more, be transferred under subsection (1) without the consent of the Attorney General of Canada.
	65. Section 227 of the Act and the heading before it are repealed.
	66. The headings before section 228 of the Act are replaced by the following:
	DIVISION 9
	APPEALS
	General Provisions
	67. Section 229 of the Act is repealed.
1991, c. 43, s. 23(2)	68. Paragraph 238(3)(b) of the Act is replaced by the following:
	(b) substitute for the sentence imposed by the court martial a sentence that is warranted in law.
1991, c. 43, s. 24	69. Paragraph 239(2)(b) of the Act is replaced by the following:
	(b) substitute for the sentence imposed by the court martial a sentence that is warranted in law.
1991, c. 43, s. 26	70. Section 240 of the Act is replaced by the following:
Substitution of new sentence where illegal sentence set aside	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.
1991, c. 43, s. 27	71. Section 241.2 of the Act is repealed.
	72. (1) Subsection 244(1) of the Act is amended by adding the following after paragraph (c):
	(c.1) the conduct of reviews of directions made under Division 3;
	(2) Paragraphs 244(1)(g) and (h) of the Act are replaced by the following:
	(g) the circumstances in which, on the hearing of an appeal, the appellant may attend or appear before the Court;
	(h) the provision for and the payment of fees of counsel for an appellant or a respondent, other than the Minister;
	(h.1) the awarding and regulating of costs in the Court in favour of or against appellants and respondents; and
	73. The heading before section 246 of the Act and sections 246 to 248 are repealed.
R.S., c. 31 (1st Supp.), s. 57	74. The headings before section 248.1 and sections 248.1 and 248.2 of the Act are replaced by the following:
	DIVISION 10
	RELEASE PENDING APPEAL
Release by court martial	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.
Release by judge of the CMAC	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.
R.S., c. 31 (1st Supp.), s. 57	75. (1) The portion of section 248.3 of the Act before paragraph (a) is replaced by the following:
Court may direct release	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
R.S., c. 31 (1st Supp.), s. 57	(2) Subparagraph 248.3(a)(ii) of the Act is replaced by the following:
	(ii) if the appeal is against sentence only, that it would cause unnecessary hardship if the person were placed or retained in detention or imprisonment,
R.S., c. 31 (1st Supp.), s. 57	(3) Subparagraph 248.3(b)(ii) of the Act is replaced by the following:
	(ii) if the appeal is against sentence only, that it would cause unnecessary hardship if the person were placed or retained in detention or imprisonment,
R.S., c. 31 (1st Supp.), s. 57	76. Section 248.4 of the French version of the Act is replaced by the following:
Droit de l'avocat des Forces canadiennes d'être entendu	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.
R.S., c. 31 (1st Supp.), s. 57	77. Section 248.5 of the Act is replaced by the following:
Undertaking if application granted	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
	(a) remain under military authority;
	(b) surrender himself or herself into custody when directed to do so; and
	(c) comply with any other reasonable conditions that are stipulated.
R.S., c. 31 (1st Supp.), s. 57	78. The portion of subsection 248.8(1) of the French version of the Act before paragraph (a) is replaced by the following:
Examen des conditions	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 :
R.S., c. 31 (1st Supp.), s. 57	79. (1) The portion of subsection 248.81(1) of the French version of the Act before paragraph (a) is replaced by the following:
Violation de l'engagement	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 :
R.S., c. 31 (1st Supp.), s. 57	(2) Paragraphs 248.81(2)(a) to (c) of the Act are replaced by the following:
	(a) where the undertaking was given in respect of a direction made pursuant to an application under section 248.1, a military judge; or
	(b) subject to subsection (3), where the undertaking was given in respect of a direction made pursuant to an application under section 248.2, a judge of the Court Martial Appeal Court.
R.S., c. 31 (1st Supp.), c. 57; 1993, c. 34, s. 95 (F)	(3) Subsection 248.81(3) of the Act is replaced by the following:
Exception	(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.
R.S., c. 31 (1st Supp.), s. 57	80. Subsection 248.9(4) of the Act is replaced by the following:
Application of provisions	(4) The provisions of this Division apply, with such modifications as the circumstances require, to any appeal under this section.
	81. The Act is amended by adding the following after section 248.9:
Surrender into custody	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.
	82. The headings before section 249 and sections 249 to 251 of the Act are replaced by the following:

Bill C-25

DIVISION 8

PROVISIONS APPLICABLE TO IMPRISONMENT AND DETENTION

DIVISION 9

APPEALS

DIVISION 10

RELEASE PENDING APPEAL