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1st Session, 41st Parliament,
60-61-62 Elizabeth II, 2011-2012-2013
house of commons of canada
An Act to amend the Criminal Code (increasing parole ineligibility)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. This Act may be cited as the Respecting Families of Murdered and Brutalized Persons Act.
R.S., c. C-46
2. Section 745 of the Criminal Code is amended by adding the following after paragraph (a):
(a.1) in respect of a person who has been convicted, in respect of one victim, of
(i) an offence under section 279, 280, 281, 282 or 283,
(ii) an offence under section 151 to 153.1, 271, 272 or 273, and
that the person be sentenced to imprisonment for life without eligibility for parole until the person has served at least twenty-five years of the sentence or such greater number of years, not being more than forty years, as has been substituted therefor pursuant to section 745.52;
3. The Act is amended by adding the following after section 745.21:
Recommendation by jury
745.22 Where a jury finds an accused guilty, in respect of one victim, of an offence referred to in subparagraph 745(a.1)(i), an offence referred to in subparagraph 745(a.1)(ii) and murder, the judge presiding at the trial shall, before discharging the jury, put to them the following question:
You have found the accused guilty of (state offences) and the law requires that I now pronounce a sentence of imprisonment for life against the accused. Do you wish to make any recommendation with respect to the number of years that the accused must serve before the accused is eligible for release on parole? You are not required to make any recommendation but if you do, your recommendation will be considered by me when I am determining whether I should substitute for the twenty-five year period, which the law would otherwise require the accused to serve before the accused is eligible to be considered for release on parole, a number of years that is more than twenty-five but not more than forty.
4. The Act is amended by adding the following after section 745.51:
Ineligibility for parole
745.52 At the time of the sentencing under section 745 of an offender who is convicted, in respect of one victim, of an offence referred to in subparagraph 745(a.1)(i), an offence referred to in subparagraph 745(a.1)(ii) and murder, the judge who presided at the trial of the offender or, if that judge is unable to do so, any judge of the same court may, having regard to the character of the offender, the nature of the offences and the circumstances surrounding their commission, and to the recommendation, if any, made pursuant to section 745.22, by order, substitute for twenty-five years a number of years of imprisonment (being more than twenty-five but not more than forty) without eligibility for parole, as the judge deems fit in the circumstances.
Published under authority of the Speaker of the House of Commons