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Bill C-292

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

House of Commons of Canada

BILL C-292

An Act to amend the Criminal Code (breach of a conditional sentence order)

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 742.6(9) of the Criminal Code is replaced by the following:

Powers of court

(9) Where the court is satisfied, on a balance of probabilities, that the offender has without reasonable excuse, the proof of which lies on the offender, breached a condition of the conditional sentence order, the court shall terminate the conditional sentence order and direct that the offender be committed to custody until the expiration of the sentence.

2. Subsection 742.7(2) of the Act is replaced by the following:

Breach of condition

(2) If an order is made under subsection 742.6(9) to commit an offender to custody, the custodial period ordered shall, unless the court considers that it would not be in the interests of justice, be served consecutively to any other period of imprisonment that the offender is serving when that order is made.