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2nd Session, 37th Parliament,
51 Elizabeth II, 2002
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House of Commons of Canada
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BILL C-278
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An Act to amend the Criminal Code
(dangerous offender)
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| R.S., 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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1. Subsection 753(2) of the Criminal Code
is replaced by the following:
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| Time for
making
application
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(2) An application under subsection (1)
must be made before sentence is imposed on
the offender unless
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(a) before the imposition of the sentence,
the prosecution gives notice to the offender
of a possible intention to make an
application under section 752.1 and an
application under subsection (1) before the
earlier of
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(i) the date on which the offender is
released from imprisonment for the
offence on parole or mandatory
supervision, or
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(ii) the date on which the sentence
expires; and
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(b) at the time of the application under
subsection (1) that is before the earlier of
the dates referred to in subparagraphs (i)
and (ii), it is shown that relevant evidence
that was not reasonably available to the
prosecution at the time of the imposition of
sentence became available in the interim.
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