Bill C-235
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1st Session, 39th Parliament,
55 Elizabeth II, 2006
house of commons of canada
BILL C-235
An Act to amend the Criminal Code (conditional sentencing)
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The portion of section 742.1 of the Criminal Code before paragraph (a) is replaced by the following:
Imposing of conditional sentence
742.1 Where a person is convicted of an offence and the court
2. The Act is amended by adding the following after section 742.1:
Definition of “offence”
742.11 In section 742.1, “offence” does not include any of the following offences:
(a) an offence that is punishable by a minimum term of imprisonment;
(b) paragraph 81(2)(a) (causing injury with intent –– explosives);
(c) paragraph 220(b) (causing death by criminal negligence);
(d) section 221 (causing bodily harm by criminal negligence);
(e) paragraph 236(b) (manslaughter);
(f) paragraph 239(b) (attempt to commit murder);
(g) section 244.1 (causing bodily harm with intent –– air gun or pistol);
(h) section 246 (overcoming resistance to commission of offence);
(i) subsections 249(3) and (4) (dangerous operation causing bodily harm and dangerous operation causing death);
(j) subsections 255(2) and (3) (impaired driving causing bodily harm and impaired driving causing death);
(k) section 264 (criminal harassment);
(l) section 266 (assault);
(m) section 267 (assault with a weapon or causing bodily harm);
(n) section 268 (aggravated assault);
(o) section 269 (unlawfully causing bodily harm);
(p) section 269.1 (torture);
(q) section 270 (assaulting a peace officer);
(r) section 271 (sexual assault);
(s) paragraph 272(2)(b) (sexual assault with a weapon, threats to a third party or causing bodily harm);
(t) paragraph 273(2)(b) (aggravated sexual assault);
(u) paragraph 279(1.1)(b) (kidnapping);
(v) subsection 279(2) (forcible confine-ment);
(w) paragraph 279.1(2)(b) (hostage taking);
(x) paragraph 344(b) (robbery);
(y) paragraph 346(1.1)(b) (extortion);
(z) section 433 (arson –– disregard for human life);
(z.1) section 434.1 (arson –– own property);
(z.2) section 436 (arson by negligence);
(z.3) paragraph 465(1)(a) (conspiracy to commit murder);
(z.4) an offence under section 5 (trafficking in substance and possession for purpose of trafficking) of the Controlled Drugs and Substances Act;
(z.5) an offence under section 6 (importing and exporting, and possession for the purpose of exporting) of the Controlled Drugs and Substances Act; and
(z.6) an offence under section 7 (production of substance) of the Controlled Drugs and Substances Act.
Published under authority of the Speaker of the House of Commons
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Available from:
Publishing and Depository Services
Public Works and Government Services Canada