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1st Session, 37th Parliament,
49-50 Elizabeth II,
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House of Commons of Canada
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BILL C-238
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An Act to amend the Criminal Code
(conditional sentencing)
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| R.S., 1985, c.
C-46
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Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
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| 1997, c. 18, s.
107.1
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1. The portion of section 742.1 of the
Criminal Code before paragraph (a) is
replaced by the following:
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| Imposing of
conditional
sentence
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742.1 Where a person is convicted of an
offence and the court
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2. The Act is amended by adding the
following after section 742.1:
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| Definition
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742.11 In section 742.1, ``offence'' does not
include any of the following offences:
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(a) an offence that is punishable by a
minimum term of imprisonment;
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(b) paragraph 81(2)(a) (causing injury with
intent - explosives);
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(c) paragraph 220(b) (causing death by
criminal negligence);
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(d) section 221 (causing bodily harm by
criminal negligence);
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(e) paragraph 236(b) (manslaughter);
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(f) paragraph 239(b) (attempt to commit
murder);
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(g) section 244.1 (causing bodily harm with
intent - air gun or pistol);
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(h) section 246 (overcoming resistance to
commission of offence);
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(i) subsections 249(3) and (4) (dangerous
operation causing bodily harm and danger
ous operation causing death);
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(j) subsections 255(2) and (3) (impaired
driving causing bodily harm and impaired
driving causing death);
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(k) section 264 (criminal harassment);
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(l) section 266 (assault);
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(m) section 267 (assault with a weapon or
causing bodily harm);
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(n) section 268 (aggravated assault);
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(o) section 269 (unlawfully causing bodily
harm);
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(p) section 269.1 (torture);
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(q) section 270 (assaulting a peace officer);
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(r) section 271 (sexual assault);
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(s) paragraph 272(2)(b) (sexual assault with
a weapon, threats to a third party or causing
bodily harm);
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(t) paragraph 273(2)(b) (aggravated sexual
assault);
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(u) paragraph 279(1.1)(b) (kidnapping);
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(v) subsection 279(2) (forcible confine
ment);
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(w) paragraph 279.1(2)(b) (hostage taking);
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(x) paragraph 344(b) (robbery);
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(y) paragraph 346(1.1)(b) (extortion);
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(z) section 433 (arson - disregard for hu
man life);
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(z.1) section 434.1 (arson - own proper
ty);
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(z.2) section 436 (arson by negligence);
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(z.3) paragraph 465(1)(a) (conspiracy to
commit murder);
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(z.4) an offence under section 5 (trafficking)
of the Controlled Drugs and Substances
Act;
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(z.5) an offence under section 6 (importing
and exporting) of the Controlled Drugs and
Substances Act; and
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(z.6) an offence under section 7 (produc
tion) of the Controlled Drugs and Sub
stances Act.
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