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Bill C-251

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1st Session, 36th Parliament,
46 Elizabeth II, 1997

The House of Commons of Canada

BILL C-251

An Act to amend the Criminal Code and the Corrections and Conditional Release Act (cumulative sentences)

      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; 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, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42; 1996, cc. 7, 8, 16, 19, 31, 34; 1997, cc. 9, 16, 17, 18, 23, 30

CRIMINAL CODE

1. Section 271 of the Criminal Code is amended by adding the following after subsection (1):

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 the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1).

1992, c. 20; 1993, c. 34; 1995, cc. 22, 39, 42; 1996, c. 19; 1997, c. 17

CORRECTIONS AND CONDITIONAL RELEASE ACT

2. Section 120 of the Corrections and Conditional Release Act is amended by adding the following after subsection (2):

Sentences to be served consecutively

(2.1) The portion of a sentence of imprisonment for life that a person who has been convicted of first degree murder or second degree murder must serve before the person may be released on full parole is, subject to subsection (2.2), that provided for in section 745 or 745.1 of the Criminal Code and, in addition, where the person is under another sentence of imprisonment in respect of another offence arising out of the same event or series of events or under any other sentence at the time the sentence of imprisonment for life is imposed on the person, the lesser of one third of any other sentence of imprisonment and seven years.

Subsequent murder conviction

(2.2) Where a person is sentenced to a term of imprisonment for life for first degree murder or second degree murder after being sentenced to a term of imprisonment for life in respect of another first degree murder or second degree murder not arising out of the same event or series of events, the portion of the sentence that the person must serve before the person may be released on full parole is that provided for in section 745 or 745.1 of the Criminal Code and shall be added to the portion of the sentence that the person must serve under that section in respect of the other conviction for first degree murder or second degree murder.