Bill C-351

1st Session, 39th Parliament,

55 Elizabeth II, 2006

house of commons of canada

BILL C-351

An Act to amend the Criminal Code (review of parole ineligibility) and to amend other Acts in consequence

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

CRIMINAL CODE

1. Section 745.01 of the Criminal Code is repealed.

2. Sections 745.6 to 745.64 of the Act are repealed.

3. The portion of section 746 of the Act before paragraph (a) is replaced by the following:

746. In calculating the period of imprisonment served for the purposes of section 745, 745.1, 745.4 or 745.5, there shall be included any time spent in custody between

CONSEQUENTIAL AMENDMENTS

Corrections and Conditional Release Act

4. Subsection 119(1.1) of the Corrections and Conditional Release Act is replaced by the following:

(1.1) Notwithstanding section 746.1 of the Criminal Code, subsection 140.3(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act, an offender described in subsection 746.1(1) or (2) of the Criminal Code or to whom those subsections apply pursuant to subsection 140.3(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act, shall not, in the circumstances described in subsection 120.2(2), be released on day parole until three years before the day that is determined in accordance with subsection 120.2(2).

5. Subsection 120.2(3) of the Act is repealed.

Crimes Against Humanity and War Crimes Act

6. Subsection 15(2) of the Crimes Against Humanity and War Crimes Act is amended by adding an “and” at the end of paragraph (b) and by repealing paragraphs (d) and (e).

National Defence Act

7. Subsection 140.3(2) of the National Defence Act is replaced by the following:

(2) Sections 745.1 to 746.1 of the Criminal Code apply, with any modifications that the circumstances require, to a sentence of life imprisonment imposed under this Act, and a reference in sections 745.2 and 745.3 of the Criminal Code to a jury is deemed to be a reference to the panel of a General Court Martial.

8. (1) Subsections (2) to (4) apply if Bill C-7, introduced in the 1st session of the 39th Parliament and entitled An Act to amend the National Defence Act (the “other Act”), receives royal assent.

(2) If subsection 125(1) of the other Act comes into force before section 4 of this Act, section 4 of this Act is replaced by the following:

4. Subsection 119(1.1) of the Corrections and Conditional Release Act is replaced by the following:

(1.1) Notwithstanding section 746.1 of the Criminal Code, subsection 226.1(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act, an offender described in subsection 746.1(1) or (2) of the Criminal Code or to whom those subsections apply pursuant to subsection 226.1(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act, shall not, in the circumstances described in subsection 120.2(2), be released on day parole until three years before the day that is determined in accordance with subsection 120.2(2).

(3) If subsection 125(1) of the other Act comes into force on the same day as section 4 of this Act, then subsection 125(1) of the other Act is deemed to have come into force after section 4 of this Act.

(4) On the later of the day on which sections 18 and 71 of the other Act come into force and the day on which section 7 of this Act comes into force — or, if those days are the same day, then on that day, subsection 226.1(2) of the National Defence Act is replaced by the following:

(2) Sections 745.1 to 746.1 of the Criminal Code apply, with any modifications that the circumstances require, to a sentence of life imprisonment imposed under this Act, and for that purpose a reference in sections 745.2 and 745.3 of the Criminal Code to a jury shall be read as a reference to the panel of a General Court Martial.