Bill C-48

59-60 ELIZABETH II

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CHAPTER 5

An Act to amend the Criminal Code and to make consequential amendments to the National Defence Act

[Assented to 23rd March, 2011]

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

SHORT TITLE

1. This Act may be cited as the Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act.

CRIMINAL CODE

2. Section 675 of the Criminal Code is amended by adding the following after subsection (2.2):

(2.3) A person against whom an order under subsection 745.51(1) has been made may appeal to the court of appeal against the order.

3. Section 676 of the Act is amended by adding the following after subsection (5):

(6) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against the decision of the court not to make an order under subsection 745.51(1).

4. The Act is amended by adding the following after section 745.2:

745.21 (1) Where a jury finds an accused guilty of murder and that accused has previously been convicted of murder, the judge presiding at the trial shall, before discharging the jury, put to them the following question:

You have found the accused guilty of murder. The law requires that I now pronounce a sentence of imprisonment for life against the accused. Do you wish to make any recommendation with respect to the period without eligibility for parole to be served for this murder consecutively to the period without eligibility for parole imposed for the previous murder? You are not required to make any recommendation, but if you do, your recommendation will be considered by me when I make my determination.

(2) Subsection (1) applies to an offender who is convicted of murders committed on a day after the day on which this section comes into force and for which the offender is sentenced under this Act, the National Defence Act or the Crimes Against Humanity and War Crimes Act.

5. The Act is amended by adding the following after section 745.5:

745.51 (1) At the time of the sentencing under section 745 of an offender who is convicted of murder and who has already been convicted of one or more other murders, the judge who presided at the trial of the offender or, if that judge is unable to do so, any judge of the same court may, having regard to the character of the offender, the nature of the offence and the circumstances surrounding its commission, and the recommendation, if any, made pursuant to section 745.21, by order, decide that the periods without eligibility for parole for each murder conviction are to be served consecutively.

(2) The judge shall give, either orally or in writing, reasons for the decision to make or not to make an order under subsection (1).

(3) Subsections (1) and (2) apply to an offender who is convicted of murders committed on a day after the day on which this section comes into force and for which the offender is sentenced under this Act, the National Defence Act or the Crimes Against Humanity and War Crimes Act.

NATIONAL DEFENCE ACT

6. Paragraph 140.3(2)(a) of the National Defence Act is replaced by the following:

(a) a reference in sections 745.2 to 745.3 of the Criminal Code to a jury is deemed to be a reference to the panel of a General Court Martial; and

7. Section 149 of the Act is replaced by the following:

149. Where a person is under a sentence imposed by a service tribunal that includes a punishment involving incarceration and another service tribunal subsequently passes a new sentence that also includes a punishment involv- ing incarceration, both punishments of incarceration shall, subject to section 745.51 of the Criminal Code, after the date of the pronouncement of the new sentence, run concurrently but the punishment higher in the scale of punishments shall be served first.

8. Section 230 of the Act is amended by adding the following after paragraph (a):

(a.1) the decision to make an order under subsection 745.51(1) of the Criminal Code;

9. Section 230.1 of the Act is amended by adding the following after paragraph (a):

(a.1) the decision not to make an order under subsection 745.51(1) of the Criminal Code;

COORDINATING AMENDMENTS

10. (1) Subsections (2) to (4) apply if Bill C-41, introduced in the 3rd session of the 40th Parliament and entitled the Strengthening Military Justice in the Defence of Canada Act (in this section referred to as the “other Act”), receives royal assent.

(2) If section 68 of the other Act comes into force before section 6 of this Act, then that section 6 is replaced by the following:

6. Paragraph 226.1(2)(a) of the National Defence Act is replaced by the following:

(a) a reference in sections 745.2 to 745.3 of the Criminal Code to a jury shall be read as a reference to the panel of a General Court Martial; and

(3) If section 6 of this Act comes into force before section 68 of the other Act, then, on the day on which that section 68 comes into force, paragraph 226.1(2)(a) of the National Defence Act is replaced by the following:

(a) a reference in sections 745.2 to 745.3 of the Criminal Code to a jury shall be read as a reference to the panel of a General Court Martial; and

(4) If section 68 of the other Act comes into force on the same day as section 6 of this Act, then that section 6 is deemed to have come into force before that section 68 and subsection (3) applies as a consequence.

COMING INTO FORCE

11. This Act, other than section 10, comes into force on a day to be fixed by order of the Governor in Council.