|
|
1st Session, 37th Parliament,
49-50 Elizabeth II, 2001
|
|
|
|
House of Commons of Canada
|
|
|
|
BILL C-392
|
|
|
|
An Act to amend the Criminal Code (sex
offences and violent offences)
|
|
| R.S., c. C-46
|
Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
|
|
|
|
1. The portion of section 742.1 of the
Criminal Code before paragraph (a) is
replaced by the following:
|
|
| Imposing of
conditional
sentence
|
742.1 Subject to section 742.11, where a
person is convicted of an offence and the court
|
|
|
|
2. The Act is amended by adding the
following after section 742.1:
|
|
| No
conditional
sentence
|
742.11 Section 742.1 does not apply in
respect of an offence
|
|
|
|
(a) that is punishable by a minimum term of
imprisonment and that is not referred to in
any of subparagraphs (b)(i) to (xxv);
|
|
|
|
(b) that is committed under any of
|
|
|
|
(i) paragraph 81(2)(a) (using explosives),
|
|
|
|
(ii) subsection 85(1) (using firearm in
commission of offence),
|
|
|
|
(iii) section 151 (sexual interference),
|
|
|
|
(iv) section 152 (invitation to sexual
touching),
|
|
|
|
(v) section 153 (sexual exploitation),
|
|
|
|
(vi) section 155 (incest),
|
|
|
|
(vii) section 159 (anal intercourse),
|
|
|
|
(viii) section 170 (parent or guardian
procuring sexual activity by child),
|
|
|
|
(ix) subsection 212(2) (living off the
avails of prostitution by a child),
|
|
|
|
(x) subsection 212(4) (obtaining sexual
services of a child),
|
|
|
|
(xi) section 231 or 235 (first degree
murder or second degree murder within
the meaning of section 231),
|
|
|
|
(xii) section 232, 234 or 236
(manslaughter),
|
|
|
|
(xiii) section 239 (attempt to commit
murder),
|
|
|
|
(xiv) section 267 (assault with a weapon
or causing bodily harm),
|
|
|
|
(xv) section 268 (aggravated assault),
|
|
|
|
(xvi) section 269 (unlawfully causing
bodily harm),
|
|
|
|
(xvii) section 271 (sexual assault),
|
|
|
|
(xviii) section (272 sexual
assault with a weapon, threats to a third
party or causing bodily harm),
|
|
|
|
(xix) section 273 (aggravated sexual
assault),
|
|
|
|
(xx) section 279 (kidnapping),
|
|
|
|
(xxi) section 344 (robbery),
|
|
|
|
(xxii) section 433 (arson - disregard for
human life),
|
|
|
|
(xxiii) section 434.1
(arson - own property),
|
|
|
|
(xxiv) section 436 (arson by negligence),
and
|
|
|
|
(xxv) paragraph 465(1)(a) (conspiracy to
commit murder);
|
|
|
|
(c) that is committed under any of the
following provisions of the Criminal Code,
as they read immediately before July 1,
1990:
|
|
|
|
|
|
|
|
(ii) section 434 (setting fire to other
substance), and
|
|
|
|
(iii) section 436 (setting fire by
negligence);
|
|
|
|
(d) that is committed under any of the
following provisions of the Criminal Code,
chapter C-34 of the Revised Statutes of
Canada, 1970, as they read immediately
before January 4, 1983:
|
|
|
|
|
|
|
|
(ii) section 145 (attempt to commit rape),
|
|
|
|
(iii) section 149 (indecent assault on
female),
|
|
|
|
(iv) section 156 (indecent assault on
male), and
|
|
|
|
(v) section 246 (assault with intent); or
|
|
|
|
(e) that is committed under any of the
following provisions of the Controlled
Drugs and Substances Act:
|
|
|
|
(i) section 5 (trafficking),
|
|
|
|
(ii) section 6 (importing and exporting),
and
|
|
|
|
(iii) section 7 (production of substance).
|
|