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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-
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An Act to amend the Criminal Code
(conditional sentencing)
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| R.S., c. C-46;
R.S., cc. 2, 11,
27, 31, 47, 51,
52 (1st
Supp.), cc. 1,
24, 27, 35
(2nd Supp.),
cc. 10, 19, 30,
34 (3rd
Supp.), cc. 1,
23, 29, 30, 31,
32, 40, 42, 50
(4th Supp.);
1989, c. 2;
1990, cc. 15,
16, 17, 44;
1991, cc. 1, 4,
28, 40, 43;
1992, cc. 1,
11, 20, 21, 22,
27, 38, 41, 47,
51; 1993,
cc. 7, 25, 28,
34, 37, 40, 45,
46; 1994, cc.
12, 13, 38, 44;
1995, cc. 5,
19, 22, 27, 29,
32, 39, 42;
1996, cc. 7, 8,
16, 19, 31, 34;
1997, cc. 9,
16, 17, 18, 23,
30, 39; 1998,
cc. 7, 9, 15,
30, 34, 35, 37;
1999, c. 5
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Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
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1. The portion of section 742.1 of the
Criminal Code before paragraph (a) is
replaced by the following:
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| Imposing of
conditional
sentence
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742.1 Where a person is convicted of an
offence and the court
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2. The Act is amended by adding the
following after section 742.1.
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| Definition
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742.01 In section 742.1, ``offence'' does not
include any of the following offences:
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(a) an offence that is punishable by a
minimum term of imprisonment;
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(b) paragraph 81(2)(a) (causing injury with
intent);
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(c) paragraph 220(b) (causing death by
criminal negligence);
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(d) section 221 (causing bodily harm by
criminal negligence);
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(e) paragraph 236(b) (manslaughter);
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(f) paragraph 239(b) (attempt to commit
murder);
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(g) section 244.1 (causing bodily harm with
intent - air gun or pistol);
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(h) section 246 (overcoming resistance to
commission of offence);
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(i) subsections 249(3) and (4) (dangerous
operation causing bodily harm and
dangerous operation causing death);
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(j) subsections 255(2) and (3) (impaired
driving causing bodily harm and impaired
driving causing death);
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(k) section 264 (criminal harassment);
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(l) section 266 (assault);
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(m) section 267 (assault with a weapon or
causing bodily harm);
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(n) section 268 (aggravated assault);
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(o) section 269 (unlawfully causing bodily
harm);
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(p) section 269.1 (torture)
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(q) section 270 (assaulting a peace officer);
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(r) section 271 (sexual assault);
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(s) paragraph 272(2)(b) (sexual assault with
a weapon, threats to a third party or causing
bodily harm);
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(t) paragraph 273(2)(b) (aggravated sexual
assault);
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(u) paragraph 279(1.1)(b) (kidnapping);
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(v) subsection 279(2) (forcible
confinement);
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(w) paragraph 279.1(2)(b) (hostage taking);
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(x) paragraph 344(b) (robbery);
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(y) paragraph 346(1.1)(b) (extortion);
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(z) section 433 (arson-disregard for human
life);
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(z.1) section 434.1 (arson - own property)
where the commission of the offence
seriously threatens the health or safety of
another person;
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(z.2) section 436 (arson by negligence);
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(z.3) paragraph 465(1)(a) (conspiracy to
commit murder);
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(z.4) an offence under section 5 (trafficking)
of the Controlled Drugs and Substances
Act;
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(z.5) an offence under section 6 (importing
and exporting) of the Controlled Drugs and
Substances Act; and
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(z.6) an offence under section 7
(production) of the Controlled Drugs and
Substances Act.
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