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Bill C-424

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C-424
First Session, Thirty-ninth Parliament,
55-56 Elizabeth II, 2006-2007
HOUSE OF COMMONS OF CANADA
BILL C-424
An Act to amend the Criminal Code (judicial review)
first reading, April 16, 2007
Mr. Allison

391508

SUMMARY
The purpose of this enactment is to repeal the sections of the Criminal Code that provide for a judicial review of the parole ineligibility period with respect to certain life sentences. The repeal would operate both prospectively and retrospectively.

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1st Session, 39th Parliament,
55-56 Elizabeth II, 2006-2007
house of commons of canada
BILL C-424
An Act to amend the Criminal Code (judicial review)
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 745.01 of the Criminal Code is replaced by the following:
Information in respect of parole
745.01 At the time of sentencing under paragraph 745(a), (b) or (c), the judge who presided at the trial of the offender shall state the following, for the record:
The offender has been found guilty of (state offence) and sentenced to imprisonment for life. The offender is not eligible for parole until (state date).
2. Sections 745.6, 745.61, 745.62, 745.63 and 745.64 of the Act are repealed.
3. The portion of section 746 of the Act before paragraph (a) is replaced by the following:
Time spent in custody
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
NON-APPLICATION OF THE BILL OF RIGHTS AND THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS
Non-application of Canadian Bill of Rights
4. Sections 2, 6, 7, 8 and 9 shall operate notwithstanding the Canadian Bill of Rights.
Non-application of Canadian Charter of Rights and Freedoms
5. Sections 2, 6, 7, 8 and 9 shall operate notwithstanding sections 7 to 15 of the Canadian Charter of Rights and Freedoms.
TRANSITIONAL PROVISIONS
No application for judicial review
6. No person who was or may have become entitled to make an application for judicial review under section 745.6 of the Criminal Code, as it read immediately before the coming into force of this Act, may make an application for judicial review under that section of the Criminal Code after the coming into force of this Act.
Current application not to be disposed of
7. Every application for judicial review that was made under section 745.6 of the Criminal Code, as it read immediately before the coming into force of this Act, and that had not yet been disposed of before that coming into force, shall not be disposed of after the coming into force of this Act.
No appeal
8. No person who was or may have become entitled to appeal to the Court of Appeal from a decision or determination in respect of an application for judicial review under section 745.62 of the Criminal Code, as it read immediately before the coming into force of this Act, may appeal from that determination or decision under that section of the Criminal Code after the coming into force of this Act.
Current appeal not to be disposed of
9. Every appeal to the Court of Appeal from a determination or a decision in respect of an application for judicial review that was made under section 745.62 of the Criminal Code, as it read immediately before the coming into force of this Act, and that had not yet been disposed of before that coming into force shall not be disposed of after the coming into force of this Act.
Published under authority of the Speaker of the House of Commons
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