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Bill C-335

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    (c) the combined duration of all the dispositions may exceed three years, except where the offence is, or one of the previous offences was,

      (i) aggravated first degree murder, in which case the continuous combined duration of the dispositions may exceed fifteen years,

      (ii) first degree murder within the meaning of section 231 of the Criminal Code, in which case the continuous combined duration of the dispositions may exceed ten years, or

      (iii) second degree murder within the meaning of section 231 of the Criminal Code, in which case the continuous combined duration of the dispositions may exceed seven years.

26. Subsection 45(2.1) of the Act is replaced by the following:

Transfer of records relating to serious offences

(2.1) Where a special records repository has been established pursuant to subsection 45.02(1), all records in the central repository referred to in subsection 41(1) that relate to a conviction for aggravated first degree murder, first degree murder or second degree murder within the meaning of section 231 of the Criminal Code or an offence referred to in the schedule shall, when the circumstances set out in subsection (1) are realized in respect of the records, be transferred to that special records repository.

27. (1) Subsection 45.02(2) of the Act is replaced by the following:

Records relating to murder

(2) A record that relates to a conviction for the offence of aggravated first degree murder, first degree murder or second degree murder within the meaning of section 231 of the Criminal Code or an offence referred to in any of paragraphs 16(1.01)(b) to (d) may be kept indefinitely in the special records repository.

(2) Paragraph 45.02(4)(b) of the Act is replaced by the following:

    (b) where the young person has subsequently been charged with the commission of aggravated first degree murder , first degree murder or second degree murder within the meaning of section 231 of the Criminal Code or an offence referred to in the schedule, to any peace officer for the purpose of investigating any offence that the young person is suspected of having committed, or in respect of which the young person has been arrested or charged, whether as a young person or as an adult;

R.S., c. T-15; R.S., cc. 27, 31 (1st Supp.); 1992, c. 20; 1993, c. 34; 1995, cc. 22, 42

TRANSFER OF OFFENDERS ACT

28. Section 9 of the Transfer of Offenders Act is replaced by the following:

Eligibility for parole, murder cases

9. A Canadian offender who has been sentenced to imprisonment for life for the conviction of an offence that, if it had been committed in Canada, would have constituted murder within the meaning of section 229 or 230 of the Criminal Code and who is transferred to Canada becomes eligible for parole when ten years have elapsed after his conviction unless the documents supplied by the foreign state in which the offender was convicted and sentenced show to the satisfaction of the Minister that the circumstances in which the offence was committed were such that, if it had been committed in Canada after July 26, 1976, it would have been first degree murder within the meaning of section 231 of the Criminal Code, in which case the offender becomes eligible for parole when fifteen years have elapsed after his conviction or it would have been aggravated first degree murder within the meaning of section 231 of the Criminal Code, in which case the offender becomes eligible for parole when twenty-five years have elapsed after his conviction.