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1st Session, 37th Parliament,
49-50 Elizabeth II, 2001
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House of Commons of Canada
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BILL C-398
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An Act to amend the Criminal Code
(consecutive sentence for use of firearm
in commission of offence)
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| R.S., c. C-46
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Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
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1. Subsection 85(3) of the Criminal Code
is replaced by the following:
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| Punishment
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(3) Every person who commits an offence
under subsection (1) or (2) is guilty of an
indictable offence and liable to an additional
minimum punishment of imprisonment for a
term of
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(a) ten years if the firearm is not discharged
in the commission of the offence or during
flight after committing the offence;
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(b) twenty years if the firearm is discharged
in the commission of the offence or during
flight after committing the offence; or
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(c) twenty-five years if the firearm is
discharged in the commission of the offence
or during flight after committing the
offence and a person other than the offender
or a party to the offence is thereby caused
bodily harm.
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2. Subsection 235(1) of the Act is replaced
by the following:
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| Punishment
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235. (1) Every one who commits first
degree murder or second degree murder is
guilty of an indictable offence and shall be
sentenced to imprisonment for life, and,
where a firearm is used in the commission of
the offence or in flight thereafter to an
additional minimum punishment of a term of
imprisonment, to be served consecutively to
the term imposed for the offence of murder, of
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(a) ten years if the firearm is not discharged
in the commission of the offence or during
flight after committing the offence;
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(b) twenty years if the firearm is discharged
in the commission of the offence or during
flight after committing the offence; or
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(c) twenty-five years if the firearm is
discharged in the commission of the offence
or during flight after committing the
offence and a person, other than the victim
of the murder offence, the offender or a
party to the offence, is thereby caused
bodily harm.
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3. Paragraph 236(a) of the Act is replaced
by the following:
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(a) where a firearm is used in the
commission of the offence or in flight
thereafter, to imprisonment for life, and to
an additional minimum punishment of a
term of imprisonment, to be served
consecutively to the term imposed for the
offence, of
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(i) ten years if the firearm is not
discharged in the commission of the
offence or during flight after committing
the offence,
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(ii) twenty years if the firearm is
discharged in the commission of the
offence or during flight after committing
the offence, or
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(iii) twenty-five years if the firearm is
discharged in the commission of the
offence or during flight after committing
the offence and a person, other than the
victim of the manslaughter offence, the
offender or a party to the offence, is
thereby caused bodily harm; and
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4. Paragraph 239(a) of the Act is replaced
by the following:
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(a) where a firearm is used in the
commission of the offence or in flight
thereafter, to imprisonment for life, and to
an additional minimum punishment of a
term of imprisonment, to be served
consecutively to the term imposed for the
offence, of
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(i) ten years if the firearm is not
discharged in the commission of the
offence or during flight after committing
the offence,
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(ii) twenty years if the firearm is
discharged in the commission of the
offence or during flight after committing
the offence, or
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(iii) twenty-five years if the firearm is
discharged in the commission of the
offence or during flight after committing
the offence and a person, other than the
offender or a party to the offence, is
thereby wounded, maimed or disfigured;
and
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5. Section 244 of the Act is replaced by the
following:
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| Causing
bodily harm
with intent -
firearm
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244. Every person who, with intent
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(a) to wound, maim or disfigure any person,
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(b) to endanger the life of any person, or
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(c) to prevent the arrest or detention of any
person,
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discharges a firearm at any person, in the
commission of the offence or in flight
thereafter, whether or not the person is the
person mentioned in paragraph (a), (b) or (c),
is guilty of an indictable offence and liable to
a minimum punishment of a term of
imprisonment for
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(d) twenty years if no person is thereby
wounded, maimed or disfigured, and
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(e) twenty-five years if any person other
than the offender or a party to the offence is
thereby wounded, maimed or disfigured.
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6. Paragraph 272(2)(a) of the Act is
replaced by the following:
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(a) where a firearm is used in the
commission of the offence or in flight
thereafter, to imprisonment for fourteen
years, and to an additional minimum
punishment of a term of imprisonment, to
be served consecutively to the term
imposed for the offence, of
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(i) ten years if the firearm is not
discharged in the commission of the
offence or during flight after committing
the offence,
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(ii) twenty years if the firearm is
discharged in the commission of the
offence or during flight after committing
the offence, or
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(iii) twenty-five years if the firearm is
discharged in the commission of the
offence or during flight after committing
the offence and a person, other than the
offender or a party to the offence, is
thereby wounded, maimed or disfigured;
and
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7. Paragraph 273(2)(a) of the Act is
replaced by the following:
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(a) where a firearm is used in the
commission of the offence or in flight
thereafter, to imprisonment for life, and to
an additional minimum punishment of a
term of imprisonment, to be served
consecutively to the term imposed for the
offence, of
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(i) ten years if the firearm is not
discharged in the commission of the
offence or during flight after committing
the offence,
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(ii) twenty years if the firearm is
discharged in the commission of the
offence or during flight after committing
the offence, or
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(iii) twenty-five years if the firearm is
discharged in the commission of the
offence or during flight after committing
the offence and a person, other than the
offender or a party to the offence, is
thereby wounded, maimed or disfigured;
and
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8. Paragraph 279(1.1)(a) of the Act is
replaced by the following:
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(a) where a firearm is used in the
commission of the offence or in flight
thereafter, to imprisonment for life, and to
an additional minimum punishment of a
term of imprisonment, to be served
consecutively to the term imposed for the
offence, of
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(i) ten years if the firearm is not
discharged in the commission of the
offence or during flight after committing
the offence,
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(ii) twenty years if the firearm is
discharged in the commission of the
offence or during flight after committing
the offence, or
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(iii) twenty-five years if the firearm is
discharged in the commission of the
offence or during flight after committing
the offence and a person, other than the
offender or a party to the offence, is
thereby wounded, maimed or disfigured;
and
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9. Paragraph 279.1(2)(a) of the Act is
replaced by the following:
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(a) where a firearm is used in the
commission of the offence or in flight
thereafter, to imprisonment for life, and to
an additional minimum punishment of a
term of imprisonment, to be served
consecutively to the term imposed for the
offence, of
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(i) ten years if the firearm is not
discharged in the commission of the
offence or during flight after committing
the offence,
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(ii) twenty years if the firearm is
discharged in the commission of the
offence or during flight after committing
the offence, or
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(iii) twenty-five years if the firearm is
discharged in the commission of the
offence or during flight after committing
the offence and a person, other than the
offender or a party to the offence, is
thereby wounded, maimed or disfigured;
and
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10. Paragraph 344(a) of the Act is
replaced by the following:
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(a) where a firearm is used in the
commission of the offence or in flight
thereafter, to imprisonment for life, and to
an additional minimum punishment of a
term of imprisonment, to be served
consecutively to the term imposed for the
offence, of
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(i) ten years if the firearm is not
discharged in the commission of the
offence or during flight after committing
the offence,
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(ii) twenty years if the firearm is
discharged in the commission of the
offence or during flight after committing
the offence, or
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(iii) twenty-five years if the firearm is
discharged in the commission of the
offence or during flight after committing
the offence and a person, other than the
offender or a party to the offence, is
thereby wounded, maimed or disfigured;
and
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11. Paragraph 346(1.1)(a) of the Act is
replaced by the following:
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(a) where a firearm is used in the
commission of the offence or in flight
thereafter, to imprisonment for life, and to
an additional minimum punishment of a
term of imprisonment, to be served
consecutively to the term imposed for the
offence, of
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(i) ten years if the firearm is not
discharged in the commission of the
offence or during flight after committing
the offence,
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(ii) twenty years if the firearm is
discharged in the commission of the
offence or during flight after committing
the offence, or
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(iii) twenty-five years if the firearm is
discharged in the commission of the
offence or during flight after committing
the offence and a person, other than the
offender or a party to the offence, is
thereby wounded, maimed or disfigured;
and
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