Bill C-251
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1st Session, 36th Parliament, 46-47-48 Elizabeth II, 1997-98-99
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The House of Commons of Canada
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BILL C-251 |
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An Act to amend the Criminal Code and the
Corrections and Conditional Release Act
(cumulative sentences)
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1. Section 271 of the Criminal Code is
amended by adding the following after
subsection (1):
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(2) Subject to subsections (3) and (4), a
sentence imposed on a person for an offence
under subsection (1) shall be served
consecutively to any other sentence for an
offence under subsection (1) or section 272 or
273 to which the person is subject at the time
the sentence is imposed on the person for an
offence under subsection (1), unless the judge
who sentences the person is satisfied that the
serving of that sentence consecutively would
be inconsistent with the principles of
sentencing contained in sections 718 to 718.2
of the Criminal Code, in which case the judge
may order that the sentence be served
concurrently.
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(3) In deciding whether to make an order
under subsection (2), the court shall have
regard to (a) the nature of the offence; (b) the
circumstance surrounding the commission of
the offence; (c) the degree of physical or
emotional harm suffered by the victim arising
from the commission of the offence; (d)
whether the offender abused a position of
trust, power of authority in the commission of
the offence; (e) the criminal record of the
offender; and (f) the attitude of the offender
respecting the offence committed by the
offender.
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(4) Where the court makes an order under
subsection (3), the court shall give both oral
and written reasons for that order.
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2. Section 120 of the Corrections and
Conditional Release Act is amended by
adding the following after subsection (2):
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(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.
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(2.2) Subject to subsections (2.3), (2.4) and
(2.5), where a judge sentences a person to a
term of imprisonment for life for first degree
murder or second degree murder and the
person is at the time the sentence is imposed,
subject to a sentence of imprisonment for life
for another first degree murder or second
degree murder, the judge may order that the
person shall, in addition to the parole
ineligibility period referred to in section 745
or 745.1 of the Criminal Code to which the
person is subject in respect of the conviction
for the other first degree murder or second
degree murder or the remaining portion of that
period, as the case may be, serve on the expiry
of that period or remaining portion of that
period, a further period not exceeding
twenty-five years in respect of the first degree
murder or second degree murder for which the
judge is sentencing the person.
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(2.3) Where a person is required to serve
more than one further parole ineligibility
period referred to in subsection (2.2), the
periods shall be served consecutively but in no
case shall total period of parole ineligibility
exceed 50 years.
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(2.4) In deciding whether to order a further
period of parole ineligibility under (2.2) and in
deciding the length of that period, the
sentencing judge shall have regard to whether
the total period of parole ineligibility would
adequately denounce the murder and whether
it would adequately acknowledge the harm
done to the victim.
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(2.5) Where the court does not make an
order under subsection (2.3), the court shall,
orally and in writing, explain why it did not
make that order.
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