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Bill C-516

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1st Session, 36th Parliament,
46-47-48 Elizabeth II, 1997-98-99

The House of Commons of Canada

BILL C-516

An Act to amend the Criminal Code (consecutive sentence for use of firearm in commission of offence)

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

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

1. Subsection 85(3) of the Criminal Code is replaced by the following:

Punishment

(3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable to an additional minimum punishment of imprisonment for a term of

    (a) ten years if the firearm is not discharged in the commission of the offence or during flight after committing the offence;

    (b) twenty years if the firearm is discharged in the commission of the offence or during flight after committing the offence; or

    (c) twenty-five years if the firearm is discharged in the commission of the offence or during flight after committing the offence and a person other than the offender or a party to the offence is thereby caused bodily harm.

2. Subsection 235(1) of the Act is replaced by the following:

Punishment

(1) Every one who commits first degree murder or second degree murder is guilty of an indictable offence and shall be sentenced to imprisonment for life, and, where a firearm is used in the commission of the offence or in flight thereafter to an additional minimum punishment of a term of imprisonment, to be served consecutively to the term imposed for the offence of murder, of

    (a) ten years if the firearm is not discharged in the commission of the offence or during flight after committing the offence;

    (b) twenty years if the firearm is discharged in the commission of the offence or during flight after committing the offence; or

    (c) twenty-five years if the firearm is discharged in the commission of the offence or during flight after committing the offence and a person, other than the victim of the murder offence, the offender or a party to the offence, is thereby caused bodily harm.

3. Paragraph 236(a) of the Act is replaced by the following:

    (a) where a firearm is used in the commission of the offence or in flight thereafter, to imprisonment for life, and to an additional minimum punishment of a term of imprisonment, to be served consecutively to the term imposed for the offence, of

      (i) ten years if the firearm is not discharged in the commission of the offence or during flight after committing the offence,

      (ii) twenty years if the firearm is discharged in the commission of the offence or during flight after committing the offence, or

      (iii) twenty-five years if the firearm is discharged in the commission of the offence or during flight after committing the offence and a person, other than the victim of the manslaughter offence, the offender or a party to the offence, is thereby caused bodily harm; and

4. Paragraph 239(a) of the Act is replaced by the following:

    (a) where a firearm is used in the commission of the offence or in flight thereafter, to imprisonment for life, and to an additional minimum punishment of a term of imprisonment, to be served consecutively to the term imposed for the offence, of

      (i) ten years if the firearm is not discharged in the commission of the offence or during flight after committing the offence,

      (ii) twenty years if the firearm is discharged in the commission of the offence or during flight after committing the offence, or

      (iii) twenty-five years if the firearm is discharged in the commission of the offence or during flight after committing the offence and a person, other than the offender or a party to the offence, is thereby wounded, maimed or disfigured; and

5. Section 244 of the Act is replaced by the following:

Causing bodily harm with intent - firearm

244. Every person who, with intent

    (a) to wound, maim or disfigure any person,

    (b) to endanger the life of any person, or

    (c) to prevent the arrest or detention of any person,

discharges a firearm at any person, in the commission of the offence or in flight thereafter, whether or not the person is the person mentioned in paragraph (a), (b) or (c), is guilty of an indictable offence and liable to a minimum punishment of a term of imprisonment for

    (d) twenty years if no person is thereby wounded, maimed or disfigured, and

    (e) twenty-five years if any person other than the offender or a party to the offence is thereby wounded, maimed or disfigured.

6. Paragraph 272(2)(a) of the Act is replaced by the following:

    (a) where a firearm is used in the commission of the offence or in flight thereafter, to imprisonment for fourteen years, and to an additional minimum punishment of a term of imprisonment, to be served consecutively to the term imposed for the offence, of

      (i) ten years if the firearm is not discharged in the commission of the offence or during flight after committing the offence,

      (ii) twenty years if the firearm is discharged in the commission of the offence or during flight after committing the offence, or

      (iii) twenty-five years if the firearm is discharged in the commission of the offence or during flight after committing the offence and a person, other than the offender or a party to the offence, is thereby wounded, maimed or disfigured; and

7. Paragraph 273(2)(a) of the Act is replaced by the following:

    (a) where a firearm is used in the commission of the offence or in flight thereafter, to imprisonment for life, and to an additional minimum punishment of a term of imprisonment, to be served consecutively to the term imposed for the offence, of

      (i) ten years if the firearm is not discharged in the commission of the offence or during flight after committing the offence,

      (ii) twenty years if the firearm is discharged in the commission of the offence or during flight after committing the offence, or

      (iii) twenty-five years if the firearm is discharged in the commission of the offence or during flight after committing the offence and a person, other than the offender or a party to the offence, is thereby wounded, maimed or disfigured; and

8. Paragraph 279(1.1)(a) of the Act is replaced by the following:

    (a) where a firearm is used in the commission of the offence or in flight thereafter, to imprisonment for life, and to an additional minimum punishment of a term of imprisonment, to be served consecutively to the term imposed for the offence, of

      (i) ten years if the firearm is not discharged in the commission of the offence or during flight after committing the offence,

      (ii) twenty years if the firearm is discharged in the commission of the offence or during flight after committing the offence, or

      (iii) twenty-five years if the firearm is discharged in the commission of the offence or during flight after committing the offence and a person, other than the offender or a party to the offence, is thereby wounded, maimed or disfigured; and

9. Paragraph 279.1(2)(a) of the Act is replaced by the following:

    (a) where a firearm is used in the commission of the offence or in flight thereafter, to imprisonment for life, and to an additional minimum punishment of a term of imprisonment, to be served consecutively to the term imposed for the offence, of

      (i) ten years if the firearm is not discharged in the commission of the offence or during flight after committing the offence,

      (ii) twenty years if the firearm is discharged in the commission of the offence or during flight after committing the offence, or

      (iii) twenty-five years if the firearm is discharged in the commission of the offence or during flight after committing the offence and a person, other than the offender or a party to the offence, is thereby wounded, maimed or disfigured; and

10. Paragraph 344(a) of the Act is replaced by the following:

    (a) where a firearm is used in the commission of the offence or in flight thereafter, to imprisonment for life, and to an additional minimum punishment of a term of imprisonment, to be served consecutively to the term imposed for the offence, of

      (i) ten years if the firearm is not discharged in the commission of the offence or during flight after committing the offence,

      (ii) twenty years if the firearm is discharged in the commission of the offence or during flight after committing the offence, or

      (iii) twenty-five years if the firearm is discharged in the commission of the offence or during flight after committing the offence and a person, other than the offender or a party to the offence, is thereby wounded, maimed or disfigured; and

11. Paragraph 346(1.1)(a) of the Act is replaced by the following:

    (a) where a firearm is used in the commission of the offence or in flight thereafter, to imprisonment for life, and to an additional minimum punishment of a term of imprisonment, to be served consecutively to the term imposed for the offence, of

      (i) ten years if the firearm is not discharged in the commission of the offence or during flight after committing the offence,

      (ii) twenty years if the firearm is discharged in the commission of the offence or during flight after committing the offence, or

      (iii) twenty-five years if the firearm is discharged in the commission of the offence or during flight after committing the offence and a person, other than the offender or a party to the offence, is thereby wounded, maimed or disfigured; and