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Bill C-258

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1st Session, 36th Parliament,
46 Elizabeth II, 1997

The House of Commons of Canada

BILL C-258

An Act to amend the Criminal Code (judicial review)

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, 30

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Sections 745.6, 745.61, 745.62, 745.63 and 745.64 of the Criminal Code are repealed.

2. The portion of section 746 of the Act before paragraph (a) is replaced by the following:

Time spent in custody

746. In calculating the period of imprisonment served for the purposes of section 745, 745.1, 745.4 or 745.5, there shall be included any time spent in custody between

TRANSITIONAL

3. The sections of the Criminal Code repealed by section 1 continue in force as if unrepealed in respect of a person

    (a) convicted of first degree murder or high treason and that offence was committed before the coming into force of this Act; or

    (b) convicted of second degree murder and sentenced to imprisonment for life without eligibility for parole until more than fifteen years of this sentence has been served and that offence was committed before the coming into force of this Act.