Bill C-305
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2nd Session, 36th Parliament, 48 Elizabeth II, 1999
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The House of Commons of Canada
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BILL C-305 |
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An Act to amend the Criminal Code
(prohibiting certain offenders from
changing their name)
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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; 1998,
cc. 7, 9, 15,
30, 34, 35, 37;
1999, c. 5
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1. The Criminal Code is amended by
adding the following after section 727:
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| Order
respecting
change of
name
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727.1 (1) Where an offender is convicted of
first degree murder, second degree murder or
an offence under section 273 (aggravated
sexual assault), the court that sentences the
offender, in addition to any other punishment
that may be imposed for that offence or any
other condition prescribed in the order of
discharge, shall make an order prohibiting the
offender from changing his or her name by
application under provincial law or informally
by assuming another name.
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| Conditions or
exemptions
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(2) The court may make the order of
prohibition subject to any conditions or
exemptions that it directs.
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| Duration of
order
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(3) The prohibition may be for life or for any
shorter duration that the court considers
desirable and begins on the date on which the
order is made.
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| Appropriate
court
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(4) A court that makes an order of
prohibition or, where the court is for any
reason unable to act, another court of
equivalent jurisdiction in the same province
may, on application of the offender or the
prosecutor, require the offender to appear
before it at any time.
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| Variation of
conditions
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(5) After hearing the parties on an
application under subsection (3), the court
may vary the conditions prescribed in the
order if, in the opinion of the court, the
variation is desirable because of changed
circumstances.
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| Offence
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(6) Every person who is bound by an order
of prohibition and who does not comply with
the order is guilty of
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