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Bill C-669

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First Reading

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2nd Session, 41st Parliament,

62-63-64 Elizabeth II, 2013-2014-2015

house of commons of canada

BILL C-669

An Act to amend the Criminal Code (independence of the judiciary)

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

SHORT TITLE

Short title

1. This Act may be cited as the Independence of the Judiciary Act.

R.S., ch. C-46

CRIMINAL CODE

2. Subsections 718.3(1) and (2) of the Criminal Code are replaced by the following:

Degrees of punishment

718.3 (1) When an enactment prescribes different degrees or kinds of punishment in respect of an offence, the punishment to be imposed is in the discretion of the court that convicts a person who commits the offence.

Discretion respecting punishment

(2) When an enactment prescribes a punishment in respect of an offence, the punishment to be imposed is in the discretion of the court that convicts a person who commits the offence, but no punishment is a minimum punishment unless it is declared to be a minimum punishment.

3. The Act is amended by adding the following after section 718.3:

Just and reasonable sentence

718.4 (1) Despite any other provision in this Act, if a court is required to impose a minimum punishment sentence with respect to an offend-er, it may vary such sentence in any manner that it considers just and reasonable, taking into consideration the circumstances of the offence, victim and offender, the sentencing principles set out in sections 718 to 718.2, and the interests of justice and fairness.

Written reasons

(2) The court shall give written reasons for varying a sentence that is required to be imposed under this Act.

4. Subsection 720(2) of the Act is replaced by the following:

Court-supervised programs

(2) The court may, with the consent of the offender and after considering the interests of justice and of any victim of the offence, delay sentencing to enable the offender to attend any treatment or counselling program under the supervision of the court as it may consider appropriate in the circumstances.

Published under authority of the Speaker of the House of Commons