Skip to main content
;

Bill C-41

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF


Where person imprisoned for new offence

742.7 Where an offender who is at large under a conditional sentence is imprisoned for another offence, whenever committed, the running of the conditional sentence is suspended during the period of imprisonment for that other offence, unless otherwise ordered by the court under subsection 742.4(3) or 742.6(9), but no such order may be incompatible with subsection 718.3(5).

Imprisonment

Imprisonment when no other provision

743. Every one who is convicted of an indictable offence for which no punishment is specially provided is liable to imprisonment for a term not exceeding five years.

Imprisonment for life or more than two years

743.1 (1) Except where otherwise provided, a person who is sentenced to imprisonment for

    (a) life,

    (b) a term of two years or more, or

    (c) two or more terms of less than two years each that are to be served one after the other and that, in the aggregate, amount to two years or more,

shall be sentenced to imprisonment in a penitentiary.

Subsequent term less than two years

(2) Where a person who is sentenced to imprisonment in a penitentiary is, before the expiration of that sentence, sentenced to imprisonment for a term of less than two years, the person shall serve that term in a penitentiary, but if the previous sentence of imprisonment in a penitentiary is set aside, that person shall serve that term in accordance with subsection (3).

Imprisonment for term less than two years

(3) A person who is sentenced to imprisonment and who is not required to be sentenced as provided in subsection (1) or (2) shall, unless a special prison is prescribed by law, be sentenced to imprisonment in a prison or other place of confinement, other than a penitentiary, within the province in which the person is convicted, in which the sentence of imprisonment may be lawfully executed.

Sentence to penitentiary of person serving sentence elsewhere

(4) Where a person is sentenced to imprisonment in a penitentiary while the person is lawfully imprisoned in a place other than a penitentiary, that person shall, except where otherwise provided, be sent immediately to the penitentiary, and shall serve in the penitentiary the unexpired portion of the term of imprisonment that that person was serving when sentenced to the penitentiary as well as the term of imprisonment for which that person was sentenced to the penitentiary.

Transfer to penitentiary

(5) Where, at any time, a person who is imprisoned in a prison or place of confinement other than a penitentiary is subject to two or more terms of imprisonment, each of which is for less than two years, that are to be served one after the other, and the aggregate of the unexpired portions of those terms at that time amounts to two years or more, the person shall be transferred to a penitentiary to serve those terms, but if any one or more of such terms is set aside or reduced and the unexpired portions of the remaining term or terms on the day on which that person was transferred under this section amounted to less than two years, that person shall serve that term or terms in accordance with subsection (3).

Newfoundlan d

(6) For the purposes of subsection (3), ``penitentiary'' does not, until a day to be fixed by order of the Governor in Council, include the facility mentioned in subsection 15(2) of the Corrections and Conditional Release Act.

Report by court to Correctional Service

743.2 A court that sentences or commits a person to penitentiary shall forward to the Correctional Service of Canada its reasons and recommendation relating to the sentence or committal, any relevant reports that were submitted to the court, and any other information relevant to administering the sentence or committal.

Sentence served according to regulations

743.3 A sentence of imprisonment shall be served in accordance with the enactments and rules that govern the institution to which the prisoner is sentenced.

Transfer of young person to place of custody

743.4 (1) Where a young person is sentenced to imprisonment under this or any other Act of Parliament, the young person may, with the consent of the provincial director, be transferred to a place of custody for any portion of the young person's term of imprisonment, but in no case shall that young person be kept in a place of custody under this section after that young person attains the age of twenty years.

Removal of young person from place of custody

(2) Where the provincial director certifies that a young person transferred to a place of custody under subsection (1) can no longer be held therein without significant danger of escape or of detrimentally affecting the rehabilitation or reformation of other young persons held therein, the young person may be imprisoned during the remainder of his term of imprisonment in any place where that young person might, but for subsection (1), have been imprisoned.

Words and expressions

(3) For the purposes of this section, the expressions ``provincial director'' and ``young person'' have the meanings assigned by subsection 2(1) of the Young Offenders Act, and the expression ``place of custody'' means ``open custody'' or ``secure custody'' within the meaning assigned by subsection 24.1(1) of that Act.

Transfer of jurisdiction

743.5 (1) Where a person is sentenced for an offence while subject to a disposition made under paragraph 20(1)(j), (k) or (k.1) of the Young Offenders Act, on the application of the Attorney General or the Attorney General's agent, the court that sentences the person may, unless to so order would bring the administration of justice into disrepute, order that the remaining portion of the disposition made under that Act be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under this Act.

Whether sentence to be served concurrently or consecutively

(2) Where an order is made under subsection (1), in respect of a disposition made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, the remaining portion of the disposition to be served pursuant to the order shall be served concurrently with the sentence referred to in subsection (1), where it is a term of imprisonment, unless the court making the order orders that it be served consecutively.

Remaining portion deemed to constitute one sentence

(3) For greater certainty, the remaining portion of the disposition referred to in subsection (2) shall, for the purposes of section 139 of the Corrections and Conditional Release Act and section 743.1 of this Act, be deemed to constitute one sentence of imprisonment imposed on the day the order is made.

Eligibility for Parole

Power of court to delay parole

743.6 (1) Notwithstanding subsection 120(1) of the Corrections and Conditional Release Act, where an offender is sentenced, after the coming into force of this section, to a term of imprisonment of two years or more on conviction for one or more offences set out in Schedules I and II to that Act that were prosecuted by way of indictment, the court may, if satisfied, having regard to the circumstances of the commission of the offences and the character and circumstances of the offender, that the expression of society's denunciation of the offences or the objective of specific or general deterrence so requires, order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less.

Principles that are to guide the court

(2) For greater certainty, the paramount principles that are to guide the court under this section are denunciation and specific or general deterrence, with rehabilitation of the offender, in all cases, being subordinate to those paramount principles.

Delivery of Offender to Keeper of Prison

Execution of warrant of committal

744. A peace officer or other person to whom a warrant of committal authorized by this or any other Act of Parliament is directed shall arrest the person named or described therein, if it is necessary to do so in order to take that person into custody, convey that person to the prison mentioned in the warrant and deliver that person, together with the warrant, to the keeper of the prison who shall thereupon give to the peace officer or other person who delivers the prisoner a receipt in Form 43 setting out the state and condition of the prisoner when delivered into custody.

Imprisonment for Life

Sentence of life imprisonment

745. Subject to section 745.1, the sentence to be pronounced against a person who is to be sentenced to imprisonment for life shall be

    (a) in respect of a person who has been convicted of high treason or first degree murder, that the person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence;

    (b) in respect of a person who has been convicted of second degree murder where that person has previously been convicted of culpable homicide that is murder, however described in this Act, that that person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence;

    (c) in respect of a person who has been convicted of second degree murder, that the person be sentenced to imprisonment for life without eligibility for parole until the person has served at least ten years of the sentence or such greater number of years, not being more than twenty-five years, as has been substituted therefor pursuant to section 745.4; and

    (d) in respect of a person who has been convicted of any other offence, that the person be sentenced to imprisonment for life with normal eligibility for parole.

Persons under eighteen

745.1 The sentence to be pronounced against a person who was under the age of eighteen at the time of the commission of the offence for which the person was convicted of first degree murder or second degree murder and who is to be sentenced to imprisonment for life shall be that the person be sentenced to imprisonment for life without eligibility for parole until the person has served such period between five and ten years of the sentence as is specified by the judge presiding at the trial.

Recommendat ion by jury

745.2 Subject to section 745.3, where a jury finds an accused guilty of 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 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 for the ten year period, which the law would otherwise require the accused to serve before the accused is eligible to be considered for release on parole, a number of years that is more than ten but not more than twenty-five.

Persons under eighteen

745.3 Where a jury finds an accused guilty of first degree murder or second degree murder and the accused was under the age of eighteen at the time of the commission of the offence, the judge presiding at the trial shall, before discharging the jury, put to them the following question:

    You have found the accused guilty of first degree murder (or 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 period of imprisonment 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 the period of imprisonment that is between five years and ten years that the law would require the accused to serve before the accused is eligible to be considered for release on parole.

Ineligibility for parole

745.4 Subject to section 745.5, at the time of the sentencing under section 745 of an offender who is convicted of second degree murder, the judge who presided at the trial of the offender or, if that judge is unable to do so, any judge of the same court may, having regard to the character of the offender, the nature of the offence and the circumstances surrounding its commission, and to the recommendation, if any, made pursuant to section 745.2, by order, substitute for ten years a number of years of imprisonment (being more than ten but not more than twenty-five) without eligibility for parole, as the judge deems fit in the circumstances.

Idem

745.5 At the time of the sentencing under section 745.1 of an offender who is convicted of first degree murder or second degree murder and who was under the age of eighteen at the time of the commission of the offence, the judge who presided at the trial of the offender or, if that judge is unable to do so, any judge of the same court, may, having regard to the age and character of the offender, the nature of the offence and the circumstances surrounding its commission, and to the recommendation, if any, made pursuant to section 745.3, by order, decide the period of imprisonment the offender is to serve that is between five years and ten years without eligibility for parole, as the judge deems fit in the circumstances.

Application for judicial review

745.6 (1) Where a person has served at least fifteen years of a sentence

    (a) in the case of a person who has been convicted of high treason or first degree murder, or

    (b) in the case of a person convicted of second degree murder who has been sentenced to imprisonment for life without eligibility for parole until more than fifteen years of that person's sentence have been served,

that person may apply to the appropriate Chief Justice in the province in which the conviction took place for a reduction in the number of years of imprisonment without eligibility for parole.

Judicial hearing

(2) On receipt of an application under subsection (1), the appropriate Chief Justice shall designate a judge of the superior court of criminal jurisdiction to empanel a jury to hear the application and determine whether the applicant's number of years of imprisonment without eligibility for parole ought to be reduced having regard to

    (a) the character of the applicant,

    (b) the applicant's conduct while serving the sentence,

    (c) the nature of the offence for which that applicant was convicted,

    (d) any information provided by a victim, either at the time of the imposition of the sentence or at the time of the hearing under this subsection, and

    (e) such other matters as the judge deems relevant in the circumstances,

and the determination shall be made by not less than two thirds of the jury.

Definition of ``victim''

(3) In subsection (2), ``victim'' has the same meaning as in subsection 722(4).

Renewal of application

(4) Where the jury hearing an application under subsection (1) determines that the applicant's number of years of imprisonment without eligibility for parole ought not to be reduced, the jury shall set another time at or after which an application may again be made by the applicant to the appropriate Chief Justice for a reduction in the applicant's number of years of imprisonment without eligibility for parole.

Reduction

(5) Where the jury hearing an application under subsection (1) determines that the applicant's number of years of imprisonment without eligibility for parole ought to be reduced, the jury may, by order,

    (a) substitute a lesser number of years of imprisonment without eligibility for parole than that then applicable; or

    (b) terminate the ineligibility for parole.

Rules

(6) The appropriate Chief Justice in each province or territory may make such rules in respect of applications and hearings under this section as are required for the purposes of this section.

Definition of ``appropriate Chief Justice''

(7) For the purposes of this section, the ``appropriate Chief Justice'' is

    (a) in relation to the Province of Ontario, the Chief Justice of the Ontario Court;

    (b) in relation to the Province of Quebec, the Chief Justice of the Superior Court;

    (c) in relation to the Provinces of Nova Scotia, Prince Edward Island and Newfoundland, the Chief Justice of the Supreme Court, Trial Division;

    (d) in relation to the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Chief Justice of the Court of Queen's Bench;

    (e) in relation to the Province of British Columbia, the Chief Justice of the Supreme Court; and

    (f) in relation to the Yukon Territory and the Northwest Territories, the Chief Justice of the Court of Appeal thereof.

Territories

(8) For the purposes of this section, when the appropriate Chief Justice is designating a judge of the superior court of criminal jurisdiction to empanel a jury to hear an application in respect of a conviction that took place in the Yukon Territory or the Northwest Territories, the appropriate Chief Justice may designate the judge from the Court of Appeal or the Supreme Court of the Yukon Territory or Northwest Territories, as the case may be.

Time spent in custody

746. In calculating the period of imprisonment served for the purposes of section 745, 745.4 or 745.6, there shall be included any time spent in custody between

    (a) in the case of a sentence of imprisonment for life after July 25, 1976, the day on which the person was arrested and taken into custody in respect of the offence for which that person was sentenced to imprisonment for life and the day the sentence was imposed; or

    (b) in the case of a sentence of death that has been or is deemed to have been commuted to a sentence of imprisonment for life, the day on which the person was arrested and taken into custody in respect of the offence for which that person was sentenced to death and the day the sentence was commuted or deemed to have been commuted to a sentence of imprisonment for life.

Parole prohibited

746.1 (1) Unless Parliament otherwise provides by an enactment making express reference to this section, a person who has been sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act shall not be considered for parole or released pursuant to a grant of parole under the Corrections and Conditional Release Act or any other Act of Parliament until the expiration or termination of the specified number of years of imprisonment.

Temporary absences and day parole

(2) Subject to subsection (3), in respect of a person sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act, until the expiration of all but three years of the specified number of years of imprisonment,

    (a) no day parole may be granted under the Corrections and Conditional Release Act;

    (b) no absence without escort may be authorized under that Act or the Prisons and Reformatories Act; and

    (c) except with the approval of the National Parole Board, no absence with escort otherwise than for medical reasons may be authorized under either of those Acts.

Idem

(3) Notwithstanding the Corrections and Conditional Release Act, in the case of any person convicted of first degree murder or second degree murder who was under the age of eighteen at the time of the commission of the offence and who is sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act, until the expiration of all but one fifth of the period of imprisonment the person is to serve without eligibility for parole,

    (a) no day parole may be granted under the Corrections and Conditional Release Act;

    (b) no absence without escort may be authorized under that Act or the Prisons and Reformatories Act; and

    (c) except with the approval of the National Parole Board, no absence with escort otherwise than for medical reasons may be authorized under either of those Acts.