Bill C-14

57-58 ELIZABETH II

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CHAPTER 22

An Act to amend the Criminal Code (organized crime and protection of justice system participants)

[Assented to 23rd June, 2009]

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

CRIMINAL CODE

1. The Criminal Code is amended by adding the following after section 2:

2.1 In this Act, “ammunition”, “antique firearm”, “automatic firearm”, “cartridge magazine”, “cross-bow”, “handgun”, “imitation firearm”, “prohibited ammunition”, “prohibited device”, “prohibited firearm”, “prohibited weapon”, “replica firearm”, “restricted firearm” and “restricted weapon”, as well as “authorization”, “licence” and “registration certificate” when used in relation to those words and expressions, have the same meaning as in subsection 84(1).

2. (1) The portion of subsection 84(1) of the Act before the definition “ammunition” is replaced by the following:

84. (1) In this Part,

(2) Paragraph 84(5)(b) of the Act is replaced by the following:

(b) an offence under section 244 or 244.2; or

3. Subsection 85(1) of the Act is replaced by the following:

85. (1) Every person commits an offence who uses a firearm, whether or not the person causes or means to cause bodily harm to any person as a result of using the firearm,

(a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (discharging firearm with intent), 244.2 (discharging firearm — recklessness), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage taking), 344 (robbery) or 346 (extortion);

(b) while attempting to commit an indictable offence; or

(c) during flight after committing or attempting to commit an indictable offence.

4. (1) Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (xxxix):

(xxxix.1) section 244 (discharging firearm with intent),

(xxxix.2) section 244.2 (discharging firearm — recklessness),

(2) Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (xliii):

(xliii.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm),

(xliii.2) section 270.02 (aggravated assault of peace officer),

5. Subsections 231(6.01) to (6.2) of the Act are replaced by the following:

(6.01) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an indictable offence under this or any other Act of Parliament if the act or omission constituting the offence also constitutes a terrorist activity.

(6.1) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when

(a) the death is caused by that person for the benefit of, at the direction of or in association with a criminal organization; or

(b) the death is caused by that person while committing or attempting to commit an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of or in association with a criminal organization.

(6.2) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 423.1.

6. Paragraph 239(2)(b) of the Act is replaced by the following:

(b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

7. Paragraph 244(3)(b) of the Act is replaced by the following:

(b) an offence under subsection 85(1) or (2) or section 244.2; or

8. The Act is amended by adding the following after section 244.1:

244.2 (1) Every person commits an offence

(a) who intentionally discharges a firearm into or at a place, knowing that or being reckless as to whether another person is present in the place; or

(b) who intentionally discharges a firearm while being reckless as to the life or safety of another person.

(2) For the purpose of paragraph (1)(a), “place” means any building or structure — or part of one — or any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.

(3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and

(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of or in association with a criminal organization, is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of

(i) five years, in the case of a first offence, and

(ii) seven years, in the case of a second or subsequent offence; and

(b) in any other case, is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of four years.

(4) In determining, for the purpose of paragraph (3)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

(a) an offence under this section;

(b) an offence under subsection 85(1) or (2) or section 244; or

(c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

(5) For the purpose of subsection (4), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

9. The Act is amended by adding the following after section 270:

270.01 (1) Everyone commits an offence who, in committing an assault referred to in section 270,

(a) carries, uses or threatens to use a weapon or an imitation of one; or

(b) causes bodily harm to the complainant.

(2) Everyone who commits an offence under subsection (1) is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

(b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months.

270.02 Everyone who, in committing an assault referred to in section 270, wounds, maims, disfigures or endangers the life of the complainant is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

10. Paragraph 272(3)(b) of the Act is replaced by the following:

(b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

11. Paragraph 273(3)(b) of the Act is replaced by the following:

(b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

12. Paragraph 279(1.2)(b) of the Act is replaced by the following:

(b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

13. Paragraph 279.1(2.1)(b) of the Act is replaced by the following:

(b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

14. Paragraph 344(2)(b) of the Act is replaced by the following:

(b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

15. Paragraph 346(1.2)(b) of the Act is replaced by the following:

(b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

16. (1) Paragraph (a) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (vi):

(vi.1) section 244.2 (discharging firearm — recklessness),

(2) Paragraph (a) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (xi):

(xi.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm),

(xi.2) section 270.02 (aggravated assault of peace officer),

17. Subparagraph 515(6)(a)(vii) of the Act is replaced by the following:

(vii) that is an offence under section 244 or 244.2, or an offence under section 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 that is alleged to have been committed with a firearm, or

18. The Act is amended by adding the following after section 718.01:

718.02 When a court imposes a sentence for an offence under subsection 270(1), section 270.01 or 270.02 or paragraph 423.1(1)(b), the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

19. (1) Subsection 810.01(3) of the Act is replaced by the following:

(3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period of not more than 12 months.

(3.1) However, if the provincial court judge is also satisfied that the defendant was convicted previously of an offence referred to in subsection (1), the judge may order that the defendant enter into the recognizance for a period of not more than two years.

(2) Subsections 810.01(5) to (5.2) of the Act are replaced by the following:

(4.1) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that require the defendant

(a) to participate in a treatment program;

(b) to wear an electronic monitoring device, if the Attorney General makes the request;

(c) to remain within a specified geographic area unless written permission to leave that area is obtained from the judge;

(d) to return to and remain at their place of residence at specified times; or

(e) to abstain from the consumption of drugs, except in accordance with a medical prescription, of alcohol or of any other intoxicating substance.

(5) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.

(5.1) If the provincial court judge adds a condition described in subsection (5) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession shall be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant shall be surrendered.

(5.2) If the provincial court judge does not add a condition described in subsection (5) to a recognizance, the judge shall include in the record a statement of the reasons for not adding the condition.

COMING INTO FORCE

20. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.