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Bill C-293

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1nd Session, 35th Parliament,
42-43 Elizabeth II, 1994

The House of Commons of Canada

BILL C-293

An Act to amend the Criminal Code (use of a firearm in the commission of or attempt at an offence)

R.S., c. C-46; R.S., cc. 2, 11, 27, 31, 47, 51, 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13

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

1. Section 85 of the Criminal Code is replaced by:

Use of firearm during commission of offence

85. (1) Every one who uses a firearm

    (a) while committing or attempting to commit an offence, or

    (b) during his flight after committing or attempting to commit an offence,

whether or not he causes or means to cause bodily harm to any person as a result thereof, is guilty of an indictable offence and liable to imprisonment for not more than fourteen years and not less than five years .

Firearm accessible

(1.1) For the purposes of subsection (1) every one who has or acts together with another who has a firearm in his possession, either on his person or accessible for his use at any time during the events described in paragraph (1)(a) or (b), is deemed to use the firearm .

Sentences to be served consecutively

(2) A sentence imposed on a person for an offence under subsection (1) shall be served consecutively to any other punishment imposed on him for an offence under this Act .