Bill C-617
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3rd Session, 40th Parliament,
59-60 Elizabeth II, 2010-2011
house of commons of canada
BILL C-617
An Act to amend the Criminal Code (mischief relating to war memorials)
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Section 430 of the Criminal Code is amended by adding the following after subsection 430(4.1):
Mischief relating to war memorials
(4.11) Everyone who commits mischief in relation to property that is a building, structure or part thereof that primarily serves as a monument to honour people who were killed or died as a consequence of a war, including a war memorial or cenotaph, or an object associated with honouring or remembering those people that is located in or on the grounds of such a building or structure, or a cemetery is guilty of an indictable offence or an offence punishable on summary conviction and is liable,
(a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,
(i) for a first offence, to a fine of not less than $1,000,
(ii) for a second offence, to imprisonment for not less than 14 days, and
(iii) for each subsequent offence, to imprisonment for not less than 30 days;
(b) where the offence is prosecuted by indictment, to imprisonment for a term not exceeding five years; and
(c) if the offence is punishable on summary conviction, to imprisonment for a term not exceeding
18 months.
Published under authority of the Speaker of the House of Commons
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