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Bill C-238

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1st Session, 37th Parliament,
49-50 Elizabeth II,

House of Commons of Canada

BILL C-238

An Act to amend the Criminal Code (conditional sentencing)

R.S., 1985, c. C-46

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

1997, c. 18, s. 107.1

1. The portion of section 742.1 of the Criminal Code before paragraph (a) is replaced by the following:

Imposing of conditional sentence

742.1 Where a person is convicted of an offence and the court

2. The Act is amended by adding the following after section 742.1:


742.11 In section 742.1, ``offence'' does not include any of the following offences:

    (a) an offence that is punishable by a minimum term of imprisonment;

    (b) paragraph 81(2)(a) (causing injury with intent - explosives);

    (c) paragraph 220(b) (causing death by criminal negligence);

    (d) section 221 (causing bodily harm by criminal negligence);

    (e) paragraph 236(b) (manslaughter);

    (f) paragraph 239(b) (attempt to commit murder);

    (g) section 244.1 (causing bodily harm with intent - air gun or pistol);

    (h) section 246 (overcoming resistance to commission of offence);

    (i) subsections 249(3) and (4) (dangerous operation causing bodily harm and danger ous operation causing death);

    (j) subsections 255(2) and (3) (impaired driving causing bodily harm and impaired driving causing death);

    (k) section 264 (criminal harassment);

    (l) section 266 (assault);

    (m) section 267 (assault with a weapon or causing bodily harm);

    (n) section 268 (aggravated assault);

    (o) section 269 (unlawfully causing bodily harm);

    (p) section 269.1 (torture);

    (q) section 270 (assaulting a peace officer);

    (r) section 271 (sexual assault);

    (s) paragraph 272(2)(b) (sexual assault with a weapon, threats to a third party or causing bodily harm);

    (t) paragraph 273(2)(b) (aggravated sexual assault);

    (u) paragraph 279(1.1)(b) (kidnapping);

    (v) subsection 279(2) (forcible confine ment);

    (w) paragraph 279.1(2)(b) (hostage taking);

    (x) paragraph 344(b) (robbery);

    (y) paragraph 346(1.1)(b) (extortion);

    (z) section 433 (arson - disregard for hu man life);

    (z.1) section 434.1 (arson - own proper ty);

    (z.2) section 436 (arson by negligence);

    (z.3) paragraph 465(1)(a) (conspiracy to commit murder);

    (z.4) an offence under section 5 (trafficking) of the Controlled Drugs and Substances Act;

    (z.5) an offence under section 6 (importing and exporting) of the Controlled Drugs and Substances Act; and

    (z.6) an offence under section 7 (produc tion) of the Controlled Drugs and Sub stances Act.