Bill C-335
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CAPITAL PUNISHMENT |
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| Intravenous
injection
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746.11 A sentence of death shall be
executed by the intravenous injection of
sodium thiopental administered in a quantity
and in a manner calculated to cause death.
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| Recommen- dation by jury
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746.12 (1) Where a jury finds an accused
guilty of an offence punishable by death, the
judge who presides at the trial shall, before
discharging the jury, put to it the following
question:
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You have found the accused guilty and the law
requires that I now pronounce a sentence of
death against the accused. Do you wish to
make any recommendation as to whether or
not the accused should be granted clemency?
You are not required to make any
recommendation but if you do make a
recommendation either in favour of clemency
or against it, your recommendation will be
included in the report that I am required to
make of this case to the Attorney General of
Canada and will be given due consideration.
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| Where jury is
unable to
agree on
recommenda- tion
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(2) If the jury reports to the judge that it is
unable to agree upon a recommendation,
either in favour of clemency or against it, and
the judge is satisfied that further retention of
the jury would not lead to agreement, the
judge shall ascertain the number of jurors who
are in favour of making a recommendation for
clemency and the number of jurors who are
against making such a recommendation and
shall include such information in the report
required by section 746.13.
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| Sentence of
death to be
reported to the
Attorney
General of
Canada
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746.13 A judge who sentences a person to
death shall appoint a day for the execution of
the sentence, and in appointing that day shall
allow a period of time that, in his opinion, is
sufficient to enable the Governor General to
signify the pleasure of the Governor General
before that day, and shall forthwith make a
report of the case to the Attorney General of
Canada for the information of the Governor
General.
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| Appeal to
court of
appeal
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746.14 (1) Where an accused is sentenced
to death pursuant to a conviction and the
sentence has not been commuted pursuant to
subsection 746.15(1), the appeal from the
conviction made pursuant to section 675.1
shall be heard and determined as soon as
practicable and the sentence shall not be
executed until after the determination of the
appeal.
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| Appeal to
Supreme
Court of
Canada
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(2) Where an appeal from a conviction for
an offence punishable by death is dismissed by
the court of appeal and the sentence has not
been commuted pursuant to subsection
746.15(1)
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| New time for
the execution
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(3) Where the execution of a sentence of
death has been suspended pursuant to
subsection (1) or (2) and the conviction for
which the sentence was imposed is affirmed
on appeal, a new time for the execution of the
sentence, not less than sixty days and not more
than ninety days after the delivery of the
judgment in appeal, shall 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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| Commuting
death sentence
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746.15 (1) The Governor in Council may
commute a sentence of death imposed upon a
person in respect of an offence to
imprisonment for life where a majority of the
jurors who found the person guilty of the
offence recommended in favour of
commuting the sentence.
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| Effects of
commutation
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(2) Notwithstanding this Act, the
Corrections and Conditional Release Act or
any other Act of Parliament, where the
Governor in Council commutes a death
sentence imposed on a person to
imprisonment for life,
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| When judge
may reprieve
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(3) Where a judge who sentences a person
to death or any judge who might have held or
sat in the same court considers that the person
should be recommended for the royal mercy,
or that, for any reason, it is necessary to delay
the execution of the sentence, the judge may,
at any time, reprieve the person for any period
that is necessary for the purpose.
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| Notice to
authorities
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(4) A copy of an instrument duly certified
by the Clerk of the Privy Council or a writing
under the hand of the Attorney General of
Canada or Deputy Attorney General of
Canada declaring that a sentence of death is
commuted is sufficient notice to and authority
for all persons having control over the prisoner
to do all things necessary to give effect to the
commutation.
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| Sentence of
death in
N.W.T.,
Yukon and
Nunavut
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(5) A judge who sentences a person to death
in the Northwest Territories, in the Yukon
Territory or in Nunavut shall, after appointing
a day for the execution of the sentence,
forthwith forward to the Attorney General of
Canada full notes of the evidence taken at the
trial and his report upon the case, and the
execution of the sentence shall be suspended
until the report is received and the pleasure of
the Governor General is signified, 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 having
equivalent jurisdiction.
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| Pregnancy
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746.16 (1) A female person who is
sentenced to death may move in arrest of
execution on the ground that she is pregnant.
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| Examination
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(2) Where a motion is made under
subsection (1), the court shall direct one or
more registered medical practitioners to be
sworn to examine the female person together
or successively and to determine whether or
not she is pregnant.
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| Arresting
execution
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(3) Where, from the report of a medical
practitioner sworn under subsection (2), it
appears to the court that the female person is
pregnant, execution shall be arrested until she
is delivered of the child or until it is no longer
possible in the course of nature that she should
be so delivered.
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| Prisoner to be
confined apart
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746.17 (1) A person who is sentenced to
death shall be confined in a safe place within
a prison apart from all other prisoners.
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| Who to have
access
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(2) No person other than the keeper of the
prison and his servants, the prison doctor and
a minister or a representative of a faith
professed by the person who is sentenced to
death shall have access to the person who is
sentenced to death unless permission is given
in writing by a judge of the court by which the
sentence was imposed or by the sheriff.
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| Place of
execution
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746.18 (1) A sentence of death shall be
executed within the walls of a prison.
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| Who shall
attend
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(2) The sheriff, the keeper of the prison, the
prison doctor and any other persons required
by the sheriff shall be present at the execution
of a sentence of death.
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| Who may
attend
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(3) A minister or a representative of a faith
professed by the person who is sentenced to
death and any other person whom the sheriff
considers it proper to admit may attend the
execution of a sentence of death.
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| Certificate of
death
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746.19 (1) The prison doctor shall, as soon
as possible after a sentence of death has been
executed, examine the body of the executed
person, ascertain the fact of death and sign and
deliver to the sheriff a certificate in Form 52.
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| Declaration
by sheriff and
keeper
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(2) The sheriff, the keeper of the prison and
any other persons who are present at the
execution of a sentence of death shall, if
required by sheriff, sign a declaration in Form
53.
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| Deputies may
act
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746.2 Any duty that is imposed upon a
sheriff, keeper of the prison or prison doctor
by section 746.18 may, and in his absence
shall, be performed by his lawful deputy or
assistant or by the officer or person who
ordinarily acts for him or with him.
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| Coroner's
inquest
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746.21 (1) A coroner of a district, county or
place where a sentence of death is executed
shall, within twenty-four hours after the
execution of the sentence, hold an inquest on
the body of the executed person.
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| Identity of the
body of the
executed
person
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(2) The coroner shall, at the inquest referred
to in subsection (1), inquire into and ascertain
the identity of the body of the executed person
and whether sentence of death was duly
executed.
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| Inquisition in
duplicate
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(3) The coroner shall prepare the inquisition
in duplicate and shall deliver one to the sheriff.
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| Documents to
be sent to
Attorney
General of
Canada
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746.22 Where a sentence of death is
executed, the sheriff shall, as soon as possible,
send the certificates mentioned in section
746.19 and the inquisition referred to in
subsection 746.21(3) to the Attorney General
of Canada or to the person who, from time to
time, is appointed by the Governor in Council
to receive them.
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| Place of burial
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746.23 The body of a person who is
executed pursuant to a sentence of death shall
be buried within the prison in which the
sentence was executed, unless the
Lieutenant-Governor in Council, the
Commissioner of the Yukon Territory, the
Commissioner of the Northwest Territories or
the Commissioner of Nunavut, as the case
may be, otherwise orders.
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| Saving
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746.24 Failure to comply with sections
746.15 to 746.22 does not make the execution
of a sentence of death illegal where the
execution would otherwise have been legal.
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| Regulations
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746.25 The Governor in Council may make
regulations with respect to the execution of
sentences of death.
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20. Subsection 750(1) of the Act is
replaced by the following:
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| Public office
vacated for
conviction
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750. Where a person is convicted of an
indictable offence for which the person is
sentenced to death or to imprisonment for two
years or more and holds, at the time that
person is convicted, an office under the Crown
or other public employment, the office or
employment forthwith becomes vacant.
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21. The definition of ``serious personal
injury offence'' in section 752 of the Act is
replaced by the following:
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| ``serious
personal
injury
offence'' « sévices graves à la personne »
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``serious personal injury offence'' means
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and for which the offender may be sentenced
to imprisonment for ten years or more; or
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22. Part XXVIII of the Act is amended by
adding the following forms after Form 51:
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FORM 52 |
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(subsection 746.19(1)) |
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CERTIFICATE OF EXECUTION OF SENTENCE OF DEATH |
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I, A.B., prison doctor of the (prison), at
_____, hereby certify that I examined the
body of C.D. on whom sentence of death was
this ______ day executed in the said prison
and that I found that the said C.D. was dead.
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FORM 53 |
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(subsection 746.19(2)) |
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DECLARATION OF SHERIFF AND OTHERS |
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We, the undersigned, hereby declare that
sentence of death was this day executed on
C.D., in our presence in the (prison) at
______.
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Dated this ______ day of ______ A.D.
______, at ______.
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Keeper of the prison of......................... |
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____________________ ______________________ Others ______________________
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| R.S., c. Y-1;
R.S., c. 27 (1st
Supp.), c. 24
(2nd Supp.),
c. 1 (3rd
Supp.), c. 1
(4th Supp.);
1991, c. 43;
1992, cc. 1,
11, 47; 1993,
c. 45; 1994, c.
26; 1995, cc.
19, 22, 27, 39;
1996, c. 19;
1998, c. 15;
1999, c. 3
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YOUNG OFFENDERS ACT |
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23. Paragraph 16(1.01)(a) of the Young
Offenders Act is replaced by the following:
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24. Subsection 19(4) of the Act is replaced
by the following:
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| Election -
offence of
murder
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(4) Notwithstanding section 5, where a
young person is charged with having
committed aggravated first degree murder,
first degree murder or second degree murder
within the meaning of section 231 of the
Criminal Code, the youth court, before
proceeding with the trial, shall ask the young
person to elect to be tried by a youth court
judge alone or by a judge of a superior court
of criminal jurisdiction with a jury, and where
a young person elects to be tried by a judge of
a superior court of criminal jurisdiction with
a jury, the young person shall be dealt with as
provided in this Act.
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25. (1) The portion of subsection 20(1) of
the Young Offenders Act before paragraph
(a) is replaced by the following:
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| Dispositions
that may be
made
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20. (1) Where a youth court finds a young
person guilty of an offence, it shall consider
any pre-disposition report required by the
court, any representations made by the parties
to the proceedings or their counsel or agents
and by the parents of the young person and any
other relevant information before the court,
and the court shall then make any one of the
following dispositions, other than the
disposition referred to in paragraph (k.1), or
any number thereof that are not inconsistent
with each other, and where the offence is
aggravated first degree murder, first degree
murder or second degree murder within the
meaning of section 231 of the Criminal Code,
the court shall make the disposition referred to
in paragraph (k.1) and may make such other
disposition as the court considers appropriate
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(2) Paragraph 20(1)(k.1) of the Act is
amended by adding the following after
paragraph (i):
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(3) Subsections 20(4) and (4.1) of the Act
are replaced by the following:
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| Combined
duration of
dispositions
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(4) Subject to subsection (4.1), where more
than one disposition is made under this section
in respect of a young person with respect to
different offences, the continuous combined
duration of those dispositions shall not exceed
three years, except where one of those
offences is aggravated first degree murder ,
first degree murder or second degree murder
within the meaning of section 231 of the
Criminal Code, in which case the continuous
combined duration of those dispositions shall
not exceed
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| Duration of
dispositions
made at
different times
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(4.1) Where a disposition is made under this
section in respect of an offence committed by
a young person after the commencement of,
but before the completion of, any dispositions
made in respect of previous offences
committed by the young person,
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