Bill C-440
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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
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The House of Commons of Canada
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BILL C-440 |
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An Act to amend the Criminal Code (flight)
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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,
30, 39
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1. Section 227 of the Criminal Code is
replaced by the following:
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| Death within a
year and a day
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227. No person commits culpable homicide
or the offence of causing the death of a person
by criminal negligence or by means of the
commission of an offence under subsection
249(4), 249.1(4) or 255(3) unless the death
occurs within one year and one day from the
time of the occurrence of the last event by
means of which the person caused or
contributed to the cause of death.
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2. The Act is amended by adding the
following after section 249:
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| Flight
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249.1 (1) Every one commits an offence
who, operating a motor vehicle while being
pursued by a peace officer operating a motor
vehicle, fails, without reasonable cause and in
order to evade the peace officer, to stop the
vehicle as soon as is reasonable in the
circumstances.
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| Punishment
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(2) Every one who commits an offence
under subsection (1) is guilty of an indictable
offence and liable to imprisonment for a term
not exceeding two years.
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| Flight causing
bodily harm
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(3) Every one who commits an offence
under subsection (1) and thereby causes
bodily harm to any other person is guilty of an
indictable offence and liable to imprisonment
for a term not exceeding ten years.
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| Flight causing
death
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(4) Every one who commits an offence
under subsection (1) and thereby causes the
death of any other person is guilty of an
indictable offence and liable to imprisonment
for life.
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3. The portion of subsection 259(2) of the
Act before paragraph (a) is replaced by the
following:
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| Discretionary
order of
prohibition
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(2) Where an offender is convicted or
discharged under section 730 of an offence
under section 220, 221, 236, 249, 249.1 , 250,
251 or 252, subsection 255(2) or (3) or this
section committed by means of a motor
vehicle, vessel or aircraft or of railway
equipment, the court that sentences the
offender may, in addition to any other
punishment that may be imposed for that
offence, make an order prohibiting the
offender from operating a motor vehicle on
any street, road, highway or other public
place, or from operating a vessel, an aircraft or
railway equipment, as the case may be
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4. Subsection 662(5) of the Act is replaced
by the following:
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| Conviction
for dangerous
driving where
manslaughter
charged
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(5) For greater certainty, where a court
charges an offence under section 220, 221 or
236 arising out of the operation of a motor
vehicle or the navigation or operation of a
vessel or aircraft, and the evidence does not
prove such offence but does prove an offence
under section 249 or 249.1 , the accused may
be convicted of an offence under section 249
or 249.1, as the case may be .
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