Bill C-435
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2nd Session, 36th Parliament, 48-49 Elizabeth II, 1999-2000
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The House of Commons of Canada
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BILL C-435 |
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An Act to require a referendum on the
restoration of the death penalty as a
sentencing option and to amend the
Referendum Act
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| Referendum
on death
penalty
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1. It is hereby declared to be in the public
interest to obtain, by means of a referendum,
the opinion of the electors on whether the
Criminal Code should be amended to restore
the death penalty for first degree murder.
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| Question
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2. At the referendum referred to in
section 1, the question to be put to the electors
shall be the following:
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``DO YOU AGREE THAT THE CRIMINAL CODE SHOULD PROVIDE THE FOLLOWING: |
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| First degree
murder
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235. (1) Every one who commits first
degree murder is guilty of an indictable
offence and shall be sentenced either to life
imprisonment or to death .
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| Second
degree murder
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(2) Every one who commits second degree
murder is guilty of an indictable offence and
shall be sentenced to imprisonment for life.
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| Minimum
punishments
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(3) For the purposes of Part XXIII, the
terms of imprisonment prescribed by
subsections (1) and (2) are minimum
punishments .
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YES OR NO'' |
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| Held at next
general
election
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3. The referendum to be proclaimed by the
Governor in Council pursuant to section 3 of
the Referendum Act and section 1 of this Act
shall be held at the same time as the general
election under the Canada Elections Act that
next follows the coming into force of this Act.
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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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CRIMINAL CODE |
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4. If the referendum required by
section 1 results in the opinion of the
majority of voters being that the death
penalty should be restored for first degree
murder, then, effective the next following
January 1, section 235 of the Criminal Code
is replaced by the following:
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| First degree
murder
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235. (1) Every one who commits first
degree murder is guilty of an indictable
offence and shall be sentenced either to life
imprisonment or to death .
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| Second
degree murder
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(2) Every one who commits second degree
murder is guilty of an indictable offence and
shall be sentenced to imprisonment for life.
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| Minimum
punishments
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(3) For the purposes of Part XXIII, the
terms of imprisonment prescribed by
subsections (1) and (2) are minimum
punishments .
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| 1992, c. 30;
1996, c. 35
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REFERENDUM ACT |
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5. Section 3 of the Referendum Act is
amended by adding the following after
subsection (1):
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| Proclamation
of referendum
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(1.1) Where an Act of Parliament states that
it is in the public interest to obtain, by means
of a referendum, the opinion of the electors on
any question relating to the laws of Canada,
the Governor in Council shall, by
proclamation, direct that the opinion of the
electors be obtained by putting the question to
the electors of Canada at a referendum called
for that purpose.
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