Bill C-424

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:

1. Section 745.01 of the Criminal Code is replaced by the following:

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 Sections 745.6, 745.61, 745.62, 745.63 and 745.64 of the Act are repealed.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:

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

4. Sections 2, 6, 7, 8 and 9 shall operate notwithstanding the Canadian Bill of Rights.

5. Sections 2, 6, 7, 8 and 9 shall operate notwithstanding sections 7 to 15 of the Canadian Charter of Rights and Freedoms.

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.

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.

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.

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.