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Bill C-467

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1st Session, 37th Parliament,
49-50-51 Elizabeth II, 2001-2002

House of Commons of Canada

BILL C-467

An Act to amend the Corrections and Conditional Release Act and the Criminal Code (truth in sentencing)

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

1992, c. 20

CORRECTIONS AND CONDITIONAL RELEASE ACT

1. Subsection 139(1) of the Corrections and Conditional Release Act is replaced by the following:

Further sentences

139. (1) For the purposes of the Criminal Code, the Prisons and Reformatories Act and this Act, where a person who is subject to a sentence that has not expired receives a further sentence as a result of being convicted of an indictable offence , the person shall serve the remainder of the original sentence and at least two-thirds of the further sentence before becoming eligible for conditional release.

Commenceme nt of further sentence

(1.1) For the purposes of subsection (1), the further sentence shall commence on the day that it is imposed.

2. The Act is amended by adding the following after section 139:

More than one conviction while on conditional release

139.1 (1) Where a person has been convicted on more than one occasion of an indictable offence committed while the person was on conditional release, the person, if sentenced as a result of a conviction for a subsequent offence, shall not be eligible for conditional release in respect of that sentence.

Sentence in community facility

(2) The person referred to in subsection (1) shall serve a further ninety-day sentence in a community correctional facility following the expiration of the sentence referred to in that subsection.

R.S., c. C-46

CRIMINAL CODE

3. (1) Paragraphs (b) and (c) of the definition ``sentence'' in section 673 of the Criminal Code are replaced by the following:

    (b) an order made under subsection 109(1) or 110(1), section 161, subsection 194(1) or 259(1) or (2), section 261 or 462.37, subsection 491.1(2), 730(1) or 737(3) or (5) or section 738, 739, 743.6, 745.4, 745.5 or 747.1,

    (c) a disposition made under section 731 or 732 or subsection 732.2(3) or (5), and

(2) Paragraph (b) of the definition ``sentence'' in section 673 of the Act, as enacted by section 51 of An Act to amend the Criminal Code, the Controlled Drugs and Substances Act and the Corrections and Conditional Release Act, chapter 5 of the Statutes of Canada, 1999, is replaced by the following:

    (b) an order made under subsection 100(1) or (2), section 161, subsection 194(1) or 259(1) or (2), section 261 or 462.37, subsection 491.1(2) or 730(1), section 737, 738, 739, 743.6, 745.4 or 745.5 or subsec tion 747.1(1),

4. The heading before section 742 and sections 742 to 742.7 of the Act are repealed.

5. (1) Paragraphs (b) and (c) of the definition ``sentence'' in section 785 of the Act are replaced by the following:

    (b) an order made under subsection 110(1) or 259(1) or (2), section 261, subsection 730(1) or 737(3) or (5) or section 738 or 739,

    (c) a disposition made under section 731 or 732 or subsection 732.2(3) or (5), and

(2) Paragraph (b) of the definition ``sentence'' in section 785 of the Act, as enacted by subsection 7(2) of An Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof, chapter 22 of the Statutes of Canada, 1995, is replaced by the following:

    (b) an order made under subsection 100(2) or 259(1) or (2), section 261, subsection 730(1), section 737, 738 or 739 or subsec tion 747.1(1), and

(3) Paragraph (b) of the definition ``sentence'' in section 785 of the Act, as enacted by subsection 29(2) of An Act to amend the Criminal Code (victims of crime) and another Act in consequence, chapter 25 of the Statutes of Canada, 1999, is replaced by the following:

    (b) an order made under subsection 110(1) or 259(1) or (2), section 261, subsection 730(1) or 737(3) or (5), section 738 or 739 or subsection 747.1(1), and

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