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 (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act

AS PASSED

BY THE HOUSE OF COMMONS
MAY 29, 2007

90370

SUMMARY

This enactment amends the Criminal Code to provide for escalating minimum penalties according to the number, if any, of previous convictions for 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 for other firearm-related offences and to create two new offences: breaking and entering to steal a firearm and robbery to steal a firearm.

Also available on the Parliament of Canada Web Site at the following address:
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 (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act

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), 99(2), 100(2) and 103(2), whether a convicted person has committed a second 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 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.

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. 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.

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.

1995, c. 39, s. 139

9. 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

10. 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

11. 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.

12. 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),

1995, c. 39, s. 143

13. 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, and

(ii) in the case of a second or subsequent offence, seven 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 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

14. 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, and

(ii) in the case of a second or subsequent offence, seven 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 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

15. (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, and

(ii) in the case of a second or subsequent offence, seven 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

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

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

(ii) in the case of a second or subsequent offence, seven 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

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

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

(ii) in the case of a second or subsequent offence, seven 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 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)

18. (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, and

(ii) in the case of a second or subsequent offence, seven 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 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

19. (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, and

(ii) in the case of a second or subsequent offence, seven 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

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

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

(ii) in the case of a second or subsequent offence, seven 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

21. 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)

22. 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

23. 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

24. 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

25. 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

26. (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 22 of this Act, section 22 of this Act is replaced by the following:

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

22. 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 22 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 22 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 22 of this Act and subsection (1) applies.

COMING INTO FORCE

Order in council

27. This Act, other than section 26, 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

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Table of Contents

CONSEQUENTIAL AMENDMENT

Corrections and Conditional Release Act

COORDINATING PROVISION

COMING INTO FORCE