Bill C-10
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C-10
First Session, Thirty-ninth Parliament,
55-56 Elizabeth II, 2006-2007
HOUSE OF COMMONS OF CANADA
BILL C-10
An Act to amend the Criminal Code (offences involving firearms)
Reprinted as amended by the Standing Committee on Justice and Human Rights as a working copy for the use of the House of Commons at Report Stage and as reported to the House on February 21, 2007
THE MINISTER OF JUSTICE
90370
SUMMARY
This enactment amends the Criminal Code to provide for escalating minimum penalties — according to the number, if any, of previous convictions — of five, seven and ten years for eight serious offences involving the use of a firearm if the firearm is either a restricted or prohibited firearm or if the offence was committed in connection with a criminal organization, to provide for escalating minimum penalties — according to the number, if any, of previous convictions — ranging between one and five years for other firearm-related offences and to create two new offences: breaking and entering to steal a firearm and robbery to steal a firearm.
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http://www.parl.gc.ca
1st Session, 39th Parliament,
55-56 Elizabeth II, 2006-2007
house of commons of canada
BILL C-10
An Act to amend the Criminal Code (offences involving firearms)
[Deleted]
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. [Deleted]
2. [Deleted]
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
7. [Deleted]
8. [Deleted]
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
(c) breaks out of a place after
(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.
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.
10. [Deleted]
11. [Deleted]
12. [Deleted]
13. [Deleted]
14. [Deleted]
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),
16. [Deleted]
17. [Deleted]
18. [Deleted]
19. [Deleted]
20. [Deleted]
21. [Deleted]
22. [Deleted]
23. [Deleted]
24. [Deleted]
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,
26. [Deleted]
27. [Deleted]
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. [Deleted]
COORDINATING PROVISION
30. [Deleted]
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