Bill C-433

SUMMARY

This enactment provides that a sentence imposed for the offence of sexual assault under section 271 of the Criminal Code is to be served consecutively to any other sentence for an offence under that section or section 272 or 273 to which the offender is subject at the time the sentence for sexual assault is imposed. However, the enactment also gives the sentencing judge discretion to order that the sentence be served concurrently rather than consecutively where he or she is satisfied that it is appropriate to do so. Where the judge makes such an order, he or she must give both oral and written reasons for that decision.

The enactment also provides that, where an offender is sentenced for first or second degree murder and is, at the time the sentence is imposed, subject to a sentence for any offence other than murder, the offender will not be eligible for parole until he or she has served the parole ineligibility period required by law to be served for that other sentence — the lesser of one third of that sentence and seven years — and the parole ineligibility period required by law to be served for the first or second degree murder.

The enactment further provides that, where an offender is sentenced for first or second degree murder and is, at the time the sentence is imposed, subject to a sentence for another first or second degree murder, the sentencing judge has the discretion to order, where he or she is satisfied that it is appropriate to do so, that the offender must — on the expiration of the parole ineligibility period the person is required by law to serve for that other murder — serve a further parole ineligibility period not exceeding 25 years for the murder for which he or she is being sentenced. However, in no case must the total parole ineligibility period required to be served by the offender exceed 50 years. The enactment also provides that, where the sentencing judge does not make an order for a further period of parole ineligibility, he or she must explain, both orally and in writing, why he or she did not make that order.