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Bill C-278

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2nd Session, 37th Parliament,
51 Elizabeth II, 2002

House of Commons of Canada

BILL C-278

An Act to amend the Criminal Code (dangerous offender)

R.S., c. C-46

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

1. Subsection 753(2) of the Criminal Code is replaced by the following:

Time for making application

(2) An application under subsection (1) must be made before sentence is imposed on the offender unless

    (a) before the imposition of the sentence, the prosecution gives notice to the offender of a possible intention to make an application under section 752.1 and an application under subsection (1) before the earlier of

      (i) the date on which the offender is released from imprisonment for the offence on parole or mandatory supervision, or

      (ii) the date on which the sentence expires; and

    (b) at the time of the application under subsection (1) that is before the earlier of the dates referred to in subparagraphs (i) and (ii), it is shown that relevant evidence that was not reasonably available to the prosecution at the time of the imposition of sentence became available in the interim.