Bill C-82
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SUMMARY |
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This enactment amends the Criminal Code to strengthen measures
against impaired driving. The amendments implement
recommendations of the House of Commons Standing Committee on
Justice and Human Rights.
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EXPLANATORY NOTES |
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Criminal Code |
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Clause 1: Subsections 252(1.1) to (1.3) are new.
Subsection 252(1) reads as follows:
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252. (1) Every person who has the care, charge or control of a
vehicle, vessel or aircraft that is involved in an accident with
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and with intent to escape civil or criminal liability fails to stop the
vehicle, vessel or, where possible, the aircraft, give his or her name and
address and, where any person has been injured or appears to require
assistance, offer assistance, is guilty of an indictable offence and liable
to imprisonment for a term not exceeding five years or is guilty of an
offence punishable on summary conviction.
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Clause 2: The relevant portion of subsection 254(3)
reads as follows:
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(3) Where a peace officer believes on reasonable and probable
grounds that a person is committing, or at any time within the preceding
two hours has committed, as a result of the consumption of alcohol, an
offence under section 253, the peace officer may, by demand made to
that person forthwith or as soon as practicable, require that person to
provide then or as soon thereafter as is practicable
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Clause 3: (1) The relevant portion of subsection
255(1) reads as follows:
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255. (1) Every one who commits an offence under section 253 or 254
is guilty of an indictable offence or an offence punishable on summary
conviction and is liable,
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(2) Subsection 255(3) reads as follows:
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(3) Every one who commits an offence under paragraph 253(a) and
thereby causes the death of any other person is guilty of an indictable
offence and liable to imprisonment for a term not exceeding fourteen
years.
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Clause 4: New.
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Clause 5: (1) Subsection 259(1.1) is new. Subsection
259(1) reads as follows:
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259. (1) Where an offender is convicted of an offence committed
under section 253 or 254 or discharged under section 730 of an offence
committed under section 253 and, at the time the offence was
committed or, in the case of an offence committed under section 254,
within the two hours preceding that time, was operating or had the care
or control of a motor vehicle, vessel or aircraft or of railway equipment
or was assisting in the operation of an aircraft or of railway equipment,
the court that sentences the offender shall, 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 or an
aircraft or railway equipment, as the case may be,
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(2) The relevant portion of subsection 259(4) reads as
follows:
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(4) Every one who operates a motor vehicle, vessel or aircraft or any
railway equipment in Canada while disqualified from doing so
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Clause 6: New. The relevant portion of subsection
732.1(3) reads as follows:
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(3) The court may prescribe, as additional conditions of a probation
order, that the offender do one or more of the following:
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