Bill C-217

1st Session, 41st Parliament,

60-61 Elizabeth II, 2011-2012

house of commons of canada

BILL C-217

An Act to amend the Criminal Code (mischief relating to war memorials)

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

1. Section 430 of the Criminal Code is amended by adding the following after subsection (4.1):

(4.11) Everyone who commits mischief in relation to property that is a building, structure or part thereof that primarily serves as a monument to honour persons who were killed or died as a consequence of a war, including a war memorial or cenotaph, or an object associated with honouring or remembering those persons that is located in or on the grounds of such a building or structure, or a cemetery is guilty of an indictable offence or an offence punishable on summary conviction and is liable,

(a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,

(i) for a first offence, to a fine of not less than $1,000,

(ii) for a second offence, to imprisonment for not less than 14 days, and

(iii) for each subsequent offence, to imprisonment for not less than 30 days;

(b) if the offence is prosecuted by indictment, to imprisonment for a term not exceeding 10 years; and

(c) if the offence is punishable on summary conviction, to imprisonment for a term not exceeding 18 months.