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Bill C-10

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1st Session, 39th Parliament,

55 Elizabeth II, 2006

house of commons of canada

BILL C-10

An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act

Preamble

WHEREAS Canadians are entitled to live their lives in peace, freedom and security;

WHEREAS acts of violence involving the use of firearms, including ones by street gangs, are increasingly threatening the safety of Canadians in their communities;

WHEREAS the Parliament of Canada is committed to taking measures to protect Canadians from this threat while continuing to respect and promote the values reflected in, and the rights and freedoms guaranteed by, the Canadian Charter of Rights and Freedoms;

AND WHEREAS these measures include legislation to impose higher minimum penalties on those who commit serious or repeat offences involving firearms;

NOW THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-46

CRIMINAL CODE

1. Section 84 of the Criminal Code is amended by adding the following after subsection (4):

Determining subsequent offences

(5) In determining, for the purposes of any of subsections 85(3), 95(2), 96(2) and 98(4), section 98.1 and subsections 99(2), 100(2), 102(2), 103(2) and 117.01(3), whether a convicted person has committed a second, third or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

(a) an offence under section 85, 95, 96, 98, 98.1, 99, 100, 102 or 103 or subsection 117.01(1);

(b) an offence under section 244; or

(c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

However, an earlier offence shall not be taken into account if ten years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

Sequence of convictions only

(6) For the purposes of subsection (5), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

2003, c. 8, s. 3

2. (1) Paragraph 85(1)(a) of the Act is replaced by the following:

(a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (discharging firearm with intent), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage-taking), 344 (robbery) or 346 (extortion),

1995, c. 39, s. 139

(2) Paragraphs 85(3)(b) and (c) of the Act are replaced by the following:

(b) in the case of a second offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years; and

(c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of five years.

1995, c. 39, s. 139

3. Subsections 91(1) and (2) of the Act are replaced by the following:

Unauthorized possession of firearm

91. (1) Subject to subsections (4) and (5), every person commits an offence who possesses a firearm without being the holder of

(a) a licence under which the person may possess it; and

(b) a registration certificate for the firearm.

Unauthorized possession of prohibited weapon or restricted weapon

(2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, without being the holder of a licence under which the person may possess it.

1995, c. 39, s. 139

4. Subsections 92(1) and (2) of the Act are replaced by the following:

Possession of firearm knowing its possession is unauthorized

92. (1) Subject to subsections (4) and (5), every person commits an offence who possesses a firearm knowing that the person is not the holder of

(a) a licence under which the person may possess it; and

(b) a registration certificate for the firearm.

Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized

(2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition knowing that the person is not the holder of a licence under which the person may possess it.

1995, c. 39, s. 139

5. The portion of subsection 93(1) of the Act before paragraph (a) is replaced by the following:

Possession at unauthorized place

93. (1) Subject to subsection (3), every person commits an offence who, being the holder of an authorization or a licence under which the person may possess a firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition, possesses the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition at a place that is

1995, c. 39, s. 139

6. The portion of subsection 94(1) of the Act before paragraph (a) is replaced by the following:

Unauthorized possession in motor vehicle

94. (1) Subject to subsections (3) to (5), every person commits an offence who is an occupant of a motor vehicle in which the person knows there is a firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless

1995, c. 39, s. 139

7. (1) The portion of subsection 95(1) of the Act before paragraph (a) is replaced by the following:

Possession of prohibited or restricted firearm with ammunition

95. (1) Subject to subsection (3), every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, unless the person is the holder of

1995, c. 39, s. 139

(2) Paragraph 95(2)(a) of the Act is replaced by the following:

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of

(i) in the case of a first offence, three years, and

(ii) in the case of a second or subsequent offence, five years; or

1995, c. 39, s. 139

8. Subsection 96(2) of the Act is replaced by the following:

Punishment — firearm

(2) Every person who commits an offence under subsection (1) by possessing a firearm, a prohibited device or prohibited ammunition

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of

(i) in the case of a first offence, one year,

(ii) in the case of a second offence, three years, and

(iii) in the case of a third or subsequent offence, five years; or

(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

Punishment — other cases

(2.1) In any other case, a person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or

(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

1995, c. 39, s. 139

9. Section 98 of the Act is replaced by the following:

Breaking and entering to steal firearm

98. (1) Every person commits an offence who

(a) breaks and enters a place with intent to steal a firearm located in it;

(b) breaks and enters a place and steals a firearm located in it; or

(i) stealing a firearm located in it, or

(ii) entering the place with intent to steal a firearm located in it.

Definitions of “break” and “place”

(2) In this section, “break” has the same meaning as in section 321, and “place” means any building or structure — or part of one — and any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.

Entrance

(3) For the purposes of this section,

(a) a person enters as soon as any part of his or her body or any part of an instrument that he or she uses is within any thing that is being entered; and

(b) a person is deemed to have broken and entered if he or she

(i) obtained entrance by a threat or an artifice or by collusion with a person within, or

(ii) entered without lawful justification or excuse by a permanent or temporary opening.

Punishment

(4) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of

(a) in the case of a first offence, one year;

(b) in the case of a second offence, three years; and

Robbery to steal firearm

98.1 Every person who commits a robbery within the meaning of section 343 with intent to steal a firearm or in the course of which he or she steals a firearm commits an indictable offence and is liable to imprisonment for life and to a minimum punishment of imprisonment for a term of

(a) in the case of a first offence, three years; and

(b) in the case of a second or subsequent offence, five years.

1995, c. 39, s. 139

10. Subsection 99(2) of the Act is replaced by the following:

Punishment — firearm

(2) Every person who commits an offence under subsection (1) where the object in question is a firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of

(a) in the case of a first offence, three years; and

(b) in the case of a second or subsequent offence, five years.

Punishment — other cases

(3) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year.

1995, c. 39, s. 139

11. Subsection 100(2) of the Act is replaced by the following:

Punishment — firearm

(2) Every person who commits an offence under subsection (1) by possessing a firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of

(a) in the case of a first offence, three years; and

(b) in the case of a second or subsequent offence, five years.

Punishment — other cases

1995, c. 39, s. 139

12. Paragraph 102(2)(a) of the Act is replaced by the following:

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of

(i) in the case of a first offence, three years, and

(ii) in the case of a second or subsequent offence, five years; or

1995, c. 39, s. 139

13. Subsection 103(2) of the Act is replaced by the following:

Punishment — firearm

(2) Every person who commits an offence under subsection (1) where the object in question is a firearm, a prohibited device or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of

(a) in the case of a first offence, three years; and

(b) in the case of a second or subsequent offence, five years.

Punishment — other cases

(2.1) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year.

1995, c. 39, s. 139

14. Subsection 117.01(3) of the Act is replaced by the following:

Punishment — firearm

(3) Every person who commits an offence under subsection (1) by possessing a firearm, a prohibited device, any ammunition or any prohibited ammunition

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of

(i) in the case of a first offence, one year,

(ii) in the case of a second offence, three years, and

(iii) in the case of a third or subsequent offence, five years; or

(b) is guilty of an offence punishable on summary conviction.

Punishment — other cases

(3.1) A person who commits an offence under subsection (1) in any other manner or an offence under subsection (2)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

(b) is guilty of an offence punishable on summary conviction.

15. Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (xiii):

(xiii.1) section 98 (breaking and entering to steal firearm),

(xiii.2) section 98.1 (robbery to steal firearm),

R.S., c. 27 (1st Supp.), s. 40(2) (Sch. I, item 2)

16. (1) The portion of section 230 of the Act before paragraph (a) is replaced by the following:

Murder in commission of offences

230. Culpable homicide is murder where a person causes the death of a human being while committing or attempting to commit high treason or treason or an offence mentioned in section 52 (sabotage), 75 (piratical acts), 76 (hijacking an aircraft) or 98 (breaking and entering to steal firearm), section 144 or subsection 145(1) or sections 146 to 148 (escape or rescue from prison or lawful custody) or section 270 (assaulting a peace officer), 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), 273 (aggravated sexual assault), 279 (kidnapping and forcible confinement), 279.1 (hostage taking), 343 (robbery), 348 (breaking and entering) or 433 or 434 (arson), whether or not the person means to cause death to any human being and whether or not the person knows that death is likely to be caused to any human being, if

(2) Paragraph 230(a) of the French version of the Act is replaced by the following:

a) elle a l’intention de causer des lésions corporelles pour atteindre l’une ou l’autre des fins ci-après et la mort résulte de ces lésions corporelles :

(i) faciliter la perpétration de l’infraction,

(ii) faciliter sa fuite après avoir commis ou tenté de commettre l’infraction;

1995, c. 39, s. 143

17. Section 239 of the Act is replaced by the following:

Attempt to commit murder

239. (1) Every person who attempts by any means to commit murder is guilty of an indictable offence and liable

(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

(i) in the case of a first offence, five years,

(ii) in the case of a second offence, seven years, and

(iii) in the case of a third or subsequent offence, ten years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b) in any other case, to imprisonment for life.

Determining subsequent offences

(2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second, third or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

(a) an offence under this section;

(b) an offence under subsection 85(1) or (2) or section 244; or

(c) an offence under section 220, 236, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

Sequence of convictions only

(3) For the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

1995, c. 39, s. 144

18. Section 244 of the Act is replaced by the following:

Discharging firearm with intent

244. (1) Every person commits an offence who discharges a firearm at a person with intent to wound, maim or disfigure, to endanger the life of or to prevent the arrest or detention of any person — whether or not that person is the one at whom the firearm is discharged.

Punishment

(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable

(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of

(i) in the case of a first offence, five years,

(ii) in the case of a second offence, seven years, and

(iii) in the case of a third or subsequent offence, ten years; and

(b) in any other case, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of four years.

Determining subsequent offences

(3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second, third or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

(a) an offence under this section;

(b) an offence under subsection 85(1) or (2); or

(c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

Sequence of convictions only

(4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

1995, c. 39, s. 145

19. (1) Paragraph 272(2)(a) of the Act is replaced by the following:

(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of

(i) in the case of a first offence, five years,

(ii) in the case of a second offence, seven years, and

(iii) in the case of a third or subsequent offence, ten years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of four years; and

(2) Section 272 of the Act is amended by adding the following after subsection (2):

Determining subsequent offences

(a) an offence under this section;

(b) an offence under subsection 85(1) or (2) or section 244; or

(c) an offence under section 220, 236, 239 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

Sequence of convictions only

1995, c. 39, s. 146

20. (1) Paragraph 273(2)(a) of the Act is replaced by the following:

(i) in the case of a first offence, five years,

(ii) in the case of a second offence, seven years, and

(iii) in the case of a third or subsequent offence, ten years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(2) Section 273 of the Act is amended by adding the following after subsection (2):

Determining subsequent offences

(a) an offence under this section;

(b) an offence under subsection 85(1) or (2) or section 244; or

(c) an offence under section 220, 236, 239 or 272, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

Sequence of convictions only

1995, c. 39, s. 147

21. (1) Paragraph 279(1.1)(a) of the Act is replaced by the following:

(i) in the case of a first offence, five years,

(ii) in the case of a second offence, seven years, and

(iii) in the case of a third or subsequent offence, ten years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(2) Section 279 of the Act is amended by adding the following after subsection (1.1):

Determining subsequent offences

(1.2) In determining, for the purpose of paragraph (1.1)(a), whether a convicted person has committed a second, third or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

(a) an offence under subsection (1);

(b) an offence under subsection 85(1) or (2) or section 244; or

(c) an offence under section 220, 236, 239, 272, 273, 279.1, 344 or 346 if a firearm was used in the commission of the offence.

Sequence of convictions only

(1.3) For the purposes of subsection (1.2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

R.S., c. 27 (1st Supp.), s. 40(1)

22. (1) Subsection 279.1(1) of the Act is replaced by the following:

Hostage taking

279.1 (1) Every one takes a person hostage who — with intent to induce any person, other than the hostage, or any group of persons or any state or international or intergovernmental organization to commit or cause to be committed any act or omission as a condition, whether express or implied, of the release of the hostage —

(a) confines, imprisons, forcibly seizes or detains that person; and

(b) in any manner utters, conveys or causes any person to receive a threat that the death of, or bodily harm to, the hostage will be caused or that the confinement, imprisonment or detention of the hostage will be continued.

1995, c. 39, s. 148

(2) Paragraph 279.1(2)(a) of the Act is replaced by the following:

(i) in the case of a first offence, five years,

(ii) in the case of a second offence, seven years, and

(iii) in the case of a third or subsequent offence, ten years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(3) Section 279.1 of the Act is amended by adding the following after subsection (2):

Determining subsequent offences

(2.1) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second, third or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

(a) an offence under this section;

(b) an offence under subsection 85(1) or (2) or section 244; or

(c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 344 or 346 if a firearm was used in the commission of the offence.

Sequence of convictions only

(2.2) For the purposes of subsection (2.1), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

1995, c. 39, s. 149

23. (1) Section 344 of the Act is renumbered as subsection 344(1).

1995, c. 39, s. 149

(2) Paragraph 344(1)(a) of the Act is replaced by the following:

(i) in the case of a first offence, five years,

(ii) in the case of a second offence, seven years, and

(iii) in the case of a third or subsequent offence, ten years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(3) Section 344 of the Act is amended by adding the following after subsection (1):

Determining subsequent offences

(a) an offence under this section;

(b) an offence under subsection 85(1) or (2) or section 244; or

(c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1 or 346 if a firearm was used in the commission of the offence.

Sequence of convictions only

1995, c. 39, s. 150

24. (1) Paragraph 346(1.1)(a) of the Act is replaced by the following:

(i) in the case of a first offence, five years,

(ii) in the case of a second offence, seven years, and

(iii) in the case of a third or subsequent offence, ten years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(2) Section 346 of the Act is amended by adding the following after subsection (1.1):

Determining subsequent offences

(a) an offence under this section;

(b) an offence under subsection 85(1) or (2) or section 244; or

(c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1 or 344 if a firearm was used in the commission of the offence.

Sequence of convictions only

2002, c. 13, s. 15

25. The portion of section 348.1 of the Act before paragraph (a) is replaced by the following:

Aggravating circumstance — home invasion

348.1 If a person is convicted of an offence under any of sections 98 and 98.1, subsection 279(2) or sections 343, 346 and 348 in relation to a dwelling-house, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the dwelling-house was occupied at the time of the commission of the offence and that the person, in committing the offence,

1998, c. 37, s. 15(2)

26. Subparagraph (a)(ix) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:

(ix) section 244 (discharging firearm with intent),

2004, c. 10, s. 20

27. Subparagraph (a)(xviii) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:

(xviii) paragraph 273(2)(a) (aggravated sexual assault — use of a restricted firearm or prohibited firearm or any firearm in connection with criminal organization),

(xviii.1) paragraph 273(2)(a.1) (aggravated sexual assault — use of a firearm),

R.S., c. 27 (1st Supp.), s. 134

28. Subsection 662(6) of the Act is replaced by the following:

Conviction for break and enter with intent

(6) Where a count charges an offence under paragraph 98(1)(b) or 348(1)(b) and the evidence does not prove such offence but does prove an offence under, respectively, paragraph 98(1)(a) or 348(1)(a), the accused may be convicted of an offence under that latter paragraph.

CONSEQUENTIAL AMENDMENT

1992, c. 20

Corrections and Conditional Release Act

29. Paragraph 1(r) of Schedule I to the Corrections and Conditional Release Act is replaced by the following:

(r) section 244 (discharging firearm with intent);

COORDINATING PROVISION

2005, c. 25

30. (1) If subsection 1(5) of An Act to amend the Criminal Code, the DNA Identification Act and the National Defence Act, being chapter 25 of the Statutes of Canada, 2005, (in this section, the “other Act”) comes into force before section 26 of this Act, section 26 of this Act is replaced by the following:

2005, c. 25, s. 1(5)

26. Subparagraph (a.1)(v) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:

(v) section 244 (discharging firearm with intent),

(2) If section 26 of this Act comes into force before subsection 1(5) of the other Act, subparagraph (a.1)(v) of the definition “primary designated offence” in section 487.04 of the Criminal Code, as enacted by that subsection 1(5), is replaced by the following:

(v) section 244 (discharging firearm with intent),

(3) If subsection 1(5) of the other Act and section 26 of this Act come into force on the same day, subsection 1(5) of the other Act is deemed to have come into force before section 26 of this Act and subsection (1) applies.

COMING INTO FORCE

Order in council

31. This Act, other than section 30, comes into force on a day to be fixed by order of the Governor in Council.

Published under authority of the Speaker of the House of Commons

Available from:
Publishing and Depository Services
Public Works and Government Services Canada

Explanatory Notes

Criminal Code

Clause 1: New.

Clause 2: (1) Relevant portion of subsection 85(1):

85. (1) Every person commits an offence who uses a firearm

(a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (causing bodily harm with intent — firearm), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage-taking), 344 (robbery) or 346 (extortion),

(2) Relevant portion of subsection 85(3):

(3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable

...

(b) in the case of a first offence committed by a person who, before January 1, 1978, was convicted of an indictable offence, or an attempt to commit an indictable offence, in the course of which or during flight after the commission or attempted commission of which the person used a firearm, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years; and

(c) in the case of a second or subsequent offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years.

Clause 3: Existing text of subsections 91(1) and (2):

91. (1) Subject to subsections (4) and (5) and section 98, every person commits an offence who possesses a firearm, unless the person is the holder of

(a) a licence under which the person may possess it; and

(b) a registration certificate for the firearm.

(2) Subject to subsection (4) and section 98, every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless the person is the holder of a licence under which the person may possess it.

Clause 4: Existing text of subsections 92(1) and (2):

92. (1) Subject to subsections (4) and (5) and section 98, every person commits an offence who possesses a firearm knowing that the person is not the holder of

(a) a licence under which the person may possess it; and

(b) a registration certificate for the firearm.

(2) Subject to subsection (4) and section 98, every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition knowing that the person is not the holder of a licence under which the person may possess it.

Clause 5: Relevant portion of subsection 93(1):

93. (1) Subject to subsection (3) and section 98, every person commits an offence who, being the holder of an authorization or a licence under which the person may possess a firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition, possesses the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition at a place that is

Clause 6: Relevant portion of subsection 94(1):

94. (1) Subject to subsections (3) to (5) and section 98, every person commits an offence who is an occupant of a motor vehicle in which the person knows there is a firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless

Clause 7: (1) Relevant portion of subsection 95(1):

95. (1) Subject to subsection (3) and section 98, every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, unless the person is the holder of

(2) Relevant portion of subsection 95(2):

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or

Clause 8: Existing text of subsection 96(2):

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or

(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

Clause 9: Existing text of section 98:

98. (1) Every person who, immediately before the coming into force of any of subsections 91(1), 92(1), 93(1), 94(1) and 95(1), possessed a firearm without a firearms acquisition certificate because

(a) the person possessed the firearm before January 1, 1979, or

(b) the firearms acquisition certificate under which the person had acquired the firearm had expired,

shall be deemed for the purposes of that subsection to be, until January 1, 2001 or such other earlier date as is prescribed, the holder of a licence under which the person may possess the firearm.

(2) Every person who, immediately before the coming into force of any of subsections 91(1), 92(1), 93(1), 94(1) and 95(1), possessed a firearm and was the holder of a firearms acquisition certificate shall be deemed for the purposes of that subsection to be, until January 1, 2001 or such other earlier date as is prescribed, the holder of a licence under which the person may possess the firearm.

(3) Every person who, at any particular time between the coming into force of subsection 91(1), 92(1) or 94(1) and the later of January 1, 1998 and such other date as is prescribed, possesses a firearm that, as of that particular time, is not a prohibited firearm or a restricted firearm shall be deemed for the purposes of that subsection to be, until January 1, 2003 or such other earlier date as is prescribed, the holder of a registration certificate for that firearm.

Clause 10: Existing text of subsection 99(2):

(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year.

Clause 11: Existing text of subsection 100(2):

Clause 12: Relevant portion of subsection 102(2):

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or

Clause 13: Existing text of subsection 103(2):

Clause 14: Existing text of subsection 117.01(3):

(3) Every person who commits an offence under subsection (1) or (2)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

(b) is guilty of an offence punishable on summary conviction.

Clause 15: Relevant portion of the definition:

“offence” means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to

(a) any of the following provisions of this Act, namely,

Clause 16: (1) and (2) Relevant portion of section 230:

230. Culpable homicide is murder where a person causes the death of a human being while committing or attempting to commit high treason or treason or an offence mentioned in section 52 (sabotage), 75 (piratical acts), 76 (hijacking an aircraft), 144 or subsection 145(1) or sections 146 to 148 (escape or rescue from prison or lawful custody), section 270 (assaulting a peace officer), section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), 273 (aggravated sexual assault), 279 (kidnapping and forcible confinement), 279.1 (hostage taking), 343 (robbery), 348 (breaking and entering) or 433 or 434 (arson), whether or not the person means to cause death to any human being and whether or not he knows that death is likely to be caused to any human being, if

(a) he means to cause bodily harm for the purpose of

(i) facilitating the commission of the offence, or

(ii) facilitating his flight after committing or attempting to commit the offence,

and the death ensues from the bodily harm;

Clause 17: Existing text of section 239:

239. Every person who attempts by any means to commit murder is guilty of an indictable offence and liable

(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b) in any other case, to imprisonment for life.

Clause 18: Existing text of section 244:

244. Every person who, with intent

(a) to wound, maim or disfigure any person,

(b) to endanger the life of any person, or

discharges a firearm at any person, whether or not that person is the person mentioned in paragraph (a), (b) or (c), is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of four years.

Clause 19: (1) Relevant portion of subsection 272(2):

(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable

(a) where a firearm is used in the commission of the offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of four years; and

(2) New.

Clause 20: (1) Relevant portion of subsection 273(2):

(2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable

(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(2) New.

Clause 21: (1) Relevant portion of subsection 279(1.1):

(1.1) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable

(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(2) New.

Clause 22: (1) Existing text of subsection 279.1(1):

279.1 (1) Every one takes a person hostage who

(a) confines, imprisons, forcibly seizes or detains that person, and

with intent to induce any person, other than the hostage, or any group of persons or any state or international or intergovernmental organization to commit or cause to be committed any act or omission as a condition, whether express or implied, of the release of the hostage.

(2) Relevant portion of subsection 279.1(2):

(2) Every person who takes a person hostage is guilty of an indictable offence and liable

(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(3) New.

Clause 23: (2) Relevant portion of section 344:

344. Every person who commits robbery is guilty of an indictable offence and liable

(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(3) New.

Clause 24: (1) Relevant portion of subsection 346(1.1):

(1.1) Every person who commits extortion is guilty of an indictable offence and liable

(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(2) New.

Clause 25: Relevant portion of section 348.1:

348.1 If a person is convicted of an offence under any of subsection 279(2) or sections 343, 346 and 348 in relation to a dwelling-house, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the dwelling-house was occupied at the time of the commission of the offence and that the person, in committing the offence,

Clause 26: Relevent portion of the definition:

“primary designated offence” means

(a) an offence under any of the following provisions, namely,

...

(ix) section 244 (causing bodily harm with intent),

Clause 27: Relevant portion of the definition:

“designated offence” means

(a) an offence under any of the following provisions:

...

(xviii) paragraph 273(2)(a) (aggravated sexual assault — use of a firearm),

Clause 28: Existing text of subsection 662(6):

(6) Where a count charges an offence under paragraph 348(1)(b) and the evidence does not prove such offence but does prove an offence under paragraph 348(1)(a), the accused may be convicted of an offence under paragraph 348(1)(a).