Bill C-467
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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98-99
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The House of Commons of Canada
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BILL C-467 |
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An Act to amend the Criminal Code, the
Young Offenders Act and the Transfer of
Offenders Act (death penalty)
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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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CRIMINAL CODE |
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1. (1) Subsection 231(1) of the Criminal
Code is replaced by the following:
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| Classification
of murder
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231. (1) Murder is aggravated first degree
murder, first degree murder or second degree
murder.
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| Aggravated
first degree
murder
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(1.1) Murder is aggravated first degree
murder when it is committed in a heinous
manner that defies human dignity.
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(2) Subsection 231(7) of the Act is
replaced by the following:
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| Second
degree murder
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(7) All murder that is not aggravated first
degree murder or first degree murder is
second degree murder.
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2. Section 235 of the Act is amended by
adding the following after subsection (1):
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| Punishment
for aggravated
first degree
murder
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(1.1) Every one who commits aggravated
first degree murder is guilty of an indictable
offence and shall be sentenced
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3. Section 582 of the Act is replaced by the
following:
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| High treason,
aggravated
first degree
murder and
first degree
murder
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582. No person shall be convicted for the
offence of high treason, aggravated first
degree murder or first degree murder unless in
the indictment charging the offence he is
specifically charged with that offence.
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4. Section 610 of the Act is amended by
adding the following after subsection (3):
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| Previous
charges
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(3.1) A conviction or an acquittal on an
indictment for aggravated first degree murder
bars a subsequent indictment for the same
homicide charging it as first degree murder or
second degree murder, and a conviction or
acquittal on an indictment for first degree
murder or second degree murder bars a
subsequent indictment for the same homicide
charging it as aggravated first degree murder.
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5. Paragraph 634(2)(a) of the Act is
replaced by the following:
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6. Section 662 of the Act is amended by
adding the following after subsection (2):
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| Aggravated
first degree
murder
charged
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(2.1) For greater certainty and without
limiting the generality of subsection (1),
where a count charges aggravated first degree
murder and the evidence does not prove
aggravated first degree murder but proves first
degree murder or second degree murder or an
attempt to commit first degree murder or
second degree murder, the jury may find the
accused not guilty of aggravated first degree
murder but guilty of first degree murder,
second degree murder or an attempt to commit
first degree murder or second degree murder,
as the case may be.
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7. Subsection 675(2.1) of the Act - as
enacted by the Statutes of Canada, chapter
18, section 92 - is replaced by the
following:
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| Persons under
eighteen
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(2.1) 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
aggravated first degree murder , first degree
murder or second degree murder and
sentenced to imprisonment for life without
eligibility for parole until the person has
served the period specified by the judge
presiding at the trial may appeal to the court of
appeal against the number of years in excess
of the minimum number of years of
imprisonment without eligibility for parole
that are required to be served in respect of that
person's case.
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8. 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
provision of this Act, a person who has been
sentenced to death may appeal to the court of
appeal against his 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 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) A court of appeal, pursuant to an appeal
pursuant to this section, shall
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9. 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
conviction.
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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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10. 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
prepared under subsections (1) and (2).
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11. 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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12. 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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13. 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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14. 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
aggravated first degree murder, 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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15. 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 aggravated first degree murder, 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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You have found the accused guilty of
aggravated first degree murder (or first degree
murder or second degree murder) and the law
requires that I now pronounce a sentence of
imprisonment for life against the accused. Do
you wish to make any recommendation with
respect to the period of imprisonment that the
accused must serve before the accused is
eligible for release on parole? You are not
required to make any recommendation but if
you do, your recommendation will be
considered by me when I am determining the
period of imprisonment that
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the law would require the accused to serve
before the accused is eligible to be considered
for release on parole.
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16. 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 aggravated first degree murder, 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 recommendation, if
any, made pursuant to section 745.3, by order,
decide the period of imprisonment 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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17. Paragraph 745.6(1)(a) of the Act is
replaced by the following:
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18. Subsection 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) In the case of any person convicted of
aggravated first degree murder , first degree
murder or 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
imprisonment the person is to serve without
eligibility for parole,
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19. The Act is amended by adding the
following after section 746.1:
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