Bill C-320
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C-320
First Session, Thirty-ninth Parliament,
55 Elizabeth II, 2006
HOUSE OF COMMONS OF CANADA
BILL C-320
An Act to amend the Controlled Drugs and Substances Act (minimum sentence)
first reading, June 8, 2006
NOTE
2nd Session, 39th Parliament
This bill was introduced during the First Session of the 39th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the First Session. The number of the bill remains unchanged.
Mr. Merrifield
391241
SUMMARY
This enactment amends the Controlled Drugs and Substances Act to impose a minimum prison sentence of two years for a first offence and five years for a second or subsequent offence in cases where a person is convicted of trafficking, possession for the purpose of trafficking, importing, exporting, possession for the purpose of exporting or producing a substance included in Schedule I.
This enactment also adds trafficking and possession for the purpose of trafficking, in or near a private dwelling usually frequented by persons under the age of eighteen years, to the list of aggravating factors that a judge must take into consideration when sentencing for these offences.
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1st Session, 39th Parliament,
55 Elizabeth II, 2006
house of commons of canada
BILL C-320
An Act to amend the Controlled Drugs and Substances Act (minimum sentence)
1996, c. 19
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Subsection 5(3) of the Controlled Drugs and Substances Act is replaced by the following:
Punishment
(3) Every person who contravenes subsection (1) or (2)
(a) where the subject-matter of the offence is a substance included in Schedule I, is guilty of an indictable offence and liable
(i) for a first offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of two years, and
(ii) for a second or subsequent offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years;
(b) subject to subsection (4), where the subject-matter of the offence is a substance included in Schedule II, is guilty of an indictable offence and liable to imprisonment for life;
(c) where the subject-matter of the offence is a substance included in Schedule III,
(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or
(ii) is guilty of an offence punishable on summary conviction and liable to impris-onment for a term not exceeding eighteen months; and
(d) where the subject-matter of the offence is a substance included in Schedule IV,
(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or
(ii) is guilty of an offence punishable on summary conviction and liable to impris-onment for a term not exceeding one year.
2. Subsection 6(3) of the Act is replaced by the following:
Punishment
(3) Every person who contravenes subsection (1) or (2)
(a) where the subject-matter of the offence is a substance included in Schedule I, is guilty of an indictable offence and liable
(i) for a first offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of two years, and
(ii) for a second or subsequent offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years;
(b) where the subject-matter of the offence is a substance included in Schedule II, is guilty of an indictable offence and liable to imprisonment for life;
(c) where the subject-matter of the offence is a substance included in Schedule III or VI,
(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or
(ii) is guilty of an offence punishable on summary conviction and liable to impris-onment for a term not exceeding eighteen months; and
(d) where the subject-matter of the offence is a substance included in Schedule IV or V,
(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or
(ii) is guilty of an offence punishable on summary conviction and liable to impris-onment for a term not exceeding one year.
3. Subsection 7(2) of the Act is replaced by the following:
Punishment
(2) Every person who contravenes subsection (1)
(a) where the subject-matter of the offence is a substance included in Schedule I, is guilty of an indictable offence and liable
(i) for a first offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of two years, and
(ii) for a second or subsequent offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years;
(b) where the subject-matter of the offence is a substance included in Schedule II, other than cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for life;
(c) where the subject-matter of the offence is cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years;
(d) where the subject-matter of the offence is a substance included in Schedule III,
(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or
(ii) is guilty of an offence punishable on summary conviction and liable to impris-onment for a term not exceeding eighteen months; and
(e) where the subject-matter of the offence is a substance included in Schedule IV,
(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or
(ii) is guilty of an offence punishable on summary conviction and liable to impris-onment for a term not exceeding one year.
4. Subparagraph 10(2)(a)(iii) of the Act is replaced by the following:
(iii) trafficked in a substance included in Schedule I, II, III or IV or possessed such a substance for the purpose of trafficking, in or near a school, on or near school grounds or in or near any other public place or dwelling-house usually frequented by persons under the age of eighteen years, or
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