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Bill C-407

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First Session, Forty-second Parliament,

64-65-66-67 Elizabeth II, 2015-2016-2017-2018

HOUSE OF COMMONS OF CANADA

BILL C-407
An Act to amend the Criminal Code (sentencing)
FIRST READING, June 5, 2018

Ms. Benson
421514


SUMMARY

This enactment amends the Criminal Code to grant the court broader discretion in matters of sentencing.

Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 42nd Parliament,

64-65-66-67 Elizabeth II, 2015-2016-2017-2018

HOUSE OF COMMONS OF CANADA

BILL C-407

An Act to amend the Criminal Code (sentencing)

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

R.‍S.‍, c. C-46

Criminal Code

1 The Criminal Code is amended by adding the following after section 109:

Change to mandatory prohibition order

Start of inserted block

109.‍1 (1) Despite section 109, the Court that sentences the person or directs that the person be discharged, as the case may be, may decide not to make a prohibition order or decide to vary any of its terms and conditions, including the duration of the prohibition, if the court considers it just and reasonable to do so.

End of inserted block

Written reasons

Start of inserted block

(2) The court shall state in the record of the proceedings its reasons for not making a prohibition order or for varying it under subsection (1).

End of inserted block

2 Subsections 718.‍3(1) and (2) of the Act are replaced by the following:

Degrees of punishment

718.‍3 (1)  Insertion start If Insertion end an enactment prescribes different degrees or kinds of punishment in respect of an offence, the punishment to be imposed is, Insertion start despite Insertion end the limitations prescribed in the enactment, in the discretion of the court that convicts a person who commits the offence.

Discretion respecting punishment

(2)  Insertion start If Insertion end an enactment prescribes a punishment in respect of an offence, the punishment to be imposed, Insertion start including a punishment declared to be a minimum punishment Insertion end , is in the discretion of the court that convicts a person who commits the offence Insertion start despite Insertion end the limitations prescribed in the enactment.

3 The Act is amended by adding the following after section 718.‍3:

Minimum punishment or parole ineligibility

Start of inserted block

718.‍4 (1) Prior to imposing a minimum punishment of imprisonment or a period of parole ineligibility under a provision of this Act, a court shall consider all other available options and be of the opinion that no alternative is just and reasonable.

End of inserted block

Written reasons

Start of inserted block

(2) The court shall state in the record of the proceedings its reasons for imposing a minimum punishment of imprisonment or period of parole ineligibility under a provision of this Act.

End of inserted block

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, under the supervision of the court, a treatment or counselling program Insertion start that the court considers appropriate in the circumstances Insertion end .

5 Section 737 of the Act is amended by adding the following after subsection (4):

Exemption

Start of inserted block

(5) If an offender establishes to the satisfaction of the court that payment of a victim surcharge under subsection (1) would cause undue hardship to the offender, the court may, on application of the offender, make an order exempting the offender from the payment of the victim surcharge.

End of inserted block

Undue hardship

Start of inserted block

(6) For the purposes of subsection (5), undue hardship means the offender is unable to pay a victim surcharge on account of the offender’s precarious financial circumstances, including because of their unemployment, homelessness, lack of assets or significant financial obligations towards their dependants.

End of inserted block

For greater certainty

Start of inserted block

(6.‍1) For greater certainty, for the purposes of subsection (6), the imprisonment of the offender alone does not constitute undue hardship.

End of inserted block

6 Section 745.‍2 of the Act is replaced by the following:

Recommendation by jury

745.‍2 Subject to section 745.‍3, Insertion start if Insertion end a jury finds an accused guilty of Insertion start first degree murder or Insertion end second degree 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 Insertion start first degree murder or Insertion end second degree murder and 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 number of years that the accused must serve before the accused is eligible for release on parole? You are not required to make any recommendation but if you do, your recommendation will be considered by me when I am determining whether I should substitute Insertion start for the twenty-five year period or Insertion end for the ten year period, Insertion start as the case may be, Insertion end which the law would otherwise require the accused to serve before the accused is eligible to be considered for release on parole, Insertion start another period of time Insertion end .
Published under authority of the Speaker of the House of Commons

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