GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 745.6
Justice, or his or her designate, to a maximum of 180 days if the person, due to circumstances beyond their control, is unable to make an application within the 90-day time limit. (2.8) If a person convicted of murder does not make an application under subsection (1) within the maximum time period allowed by this section, the Commissioner of Correctional Service Canada, or his or her designate, shall immediately notify in writing a parent, child, spouse or common-law partner of the victim that the convicted person did not make an application. If it is not possible to notify one of the aforementioned relatives, then the notification shall be given to another relative of the victim. The notification shall specify the next date on which the convicted person will be eligible to make an application under subsection (1). Definition of appropriate Chief Justice (3) For the purposes of this section and sections 745.61 to 745.64, the appropriate Chief Justice is (a) in relation to the Province of Ontario, the Chief Justice of the Ontario Court; (b) in relation to the Province of Quebec, the Chief Justice of the Superior Court; (c) in relation to the Province of Newfoundland and Labrador, the Chief Justice of the Supreme Court, Trial Division; (d) in relation to the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Chief Justice of the Court of Queen’s Bench; (e) in relation to the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Chief Justice of the Supreme Court; and (f) in relation to Yukon, the Northwest Territories and Nunavut, the Chief Justice of the Court of Appeal. 1993, c. 28, s. 78; 1995, c. 22, s. 6; 1996, c. 34, s. 2; 1998, c. 15, s. 20; 2002, c. 7, s. 146; 2011, c. 2, s. 3; 2015, c. 3, s. 55
Criminal Code — C-46 745.61
Judicial screening 745.61 (1) On receipt of an application under subsection 745.6(1), the appropriate Chief Justice shall determine, or shall designate a judge of the superior court of criminal jurisdiction to determine, on the basis of the following written material, whether the applicant has shown, on a balance of probabilities, that there is a substantial likelihood that the application will succeed: (a) the application; (b) any report provided by the Correctional Service of Canada or other correctional authorities; and (c) any other written evidence presented to the Chief Justice or judge by the applicant or the Attorney General. Criteria (2) In determining whether the applicant has shown that there is a substantial likelihood that the application will succeed, the Chief Justice or judge shall consider the criteria set out in paragraphs 745.63(1)(a) to (e), with any modifications that the circumstances require. Decision re new application (3) If the Chief Justice or judge determines that the applicant has not shown that there is a substantial likelihood that the application will succeed, the Chief Justice or judge may (a) set a time, no earlier than five years after the date of the determination, at or after which the applicant may make another application under subsection 745.6(1); or (b) decide that the applicant may not make another application under that subsection. If no decision re new application (4) If the Chief Justice or judge determines that the applicant has not shown that there is a substantial likelihood that the application will succeed but does not set a time for another application or decide that such an application may not be made, the applicant may make another application no earlier than five years after the date of the determination. Designation of judge to empanel jury (5) If the Chief Justice or judge determines that the applicant has shown that there is a substantial likelihood that the application will succeed, the Chief Justice shall designate a judge of the superior court of criminal jurisdiction to empanel a jury to hear the application. 1996, c. 34, s. 2; 2011, c. 2, s. 4
Criminal Code — C-46 745.62
Appeal 745.62 (1) The applicant or the Attorney General may appeal to the Court of Appeal from a determination or a decision made under section 745.61 on any question of law or fact or mixed law and fact. Documents to be considered (2) The appeal shall be determined on the basis of the documents presented to the Chief Justice or judge who made the determination or decision, any reasons for the determination or decision and any other documents that the Court of Appeal requires. Sections to apply (3) Sections 673 to 696 apply, with such modifications as the circumstances require. 1996, c. 34, s. 2
Criminal Code — C-46 745.63
Hearing of application 745.63 (1) The jury empanelled under subsection 745.61(5) to hear the application shall consider the following criteria and determine whether the applicant’s number of years of imprisonment without eligibility for parole ought to be reduced: (a) the character of the applicant; (b) the applicant’s conduct while serving the sentence; (c) the nature of the offence for which the applicant was convicted; (d) any information provided by a victim at the time of the imposition of the sentence or at the time of the hearing under this section; and (e) any other matters that the judge considers relevant in the circumstances. Information provided by victim (1.1) Information provided by a victim referred to in paragraph (1)(d) may be provided either orally or in writing, at the discretion of the victim, or in any other manner that the judge considers appropriate. (2) [Repealed, 2015, c. 13, s. 34] Reduction (3) The jury hearing an application under subsection (1) may determine that the applicant’s number of years of imprisonment without eligibility for parole ought to be reduced. The determination to reduce the number of years must be by unanimous vote. No reduction (4) The applicant’s number of years of imprisonment without eligibility for parole is not reduced if (a) the jury hearing an application under subsection (1) determines that the number of years ought not to be reduced; (b) the jury hearing an application under subsection (1) concludes that it cannot unanimously determine that the number of years ought to be reduced; or (c) the presiding judge, after the jury has deliberated for a reasonable period, concludes that the jury is unable to unanimously determine that the number of years ought to be reduced. Where determination to reduce number of years (5) If the jury determines that the number of years of imprisonment without eligibility for parole ought to be reduced, the jury may, by a vote of not less than two thirds of the members of the jury, (a) substitute a lesser number of years of imprisonment without eligibility for parole than that then applicable; or (b) terminate the ineligibility for parole. Decision re new application (6) If the applicant’s number of years of imprisonment without eligibility for parole is not reduced, the jury may (a) set a time, no earlier than five years after the date of the determination or conclusion under subsection (4), at or after which the applicant may make another application under subsection 745.6(1); or (b) decide that the applicant may not make another application under that subsection. Two-thirds decision (7) The decision of the jury under paragraph (6)(a) or (b) must be made by not less than two thirds of its members. If no decision re new application (8) If the jury does not set a date on or after which another application may be made or decide that such an application may not be made, the applicant may make another application no earlier than five years after the date of the determination or conclusion under subsection (4). 1996, c. 34, s. 2; 1999, c. 25, s. 22(Preamble); 2011, c. 2, s. 5; 2015, c. 13, s. 34
Criminal Code — C-46 745.64
Rules 745.64 (1) The appropriate Chief Justice in each province or territory may make such rules as are required for the purposes of sections 745.6 to 745.63. Statutory Instruments Act (1.1) The Statutory Instruments Act does not apply to those rules. Territories (2) When the appropriate Chief Justice is designating a judge of the superior court of criminal jurisdiction, for the purpose of a judicial screening under subsection 745.61(1) or to empanel a jury to hear an application under subsection 745.61(5), in respect of a conviction that took place in Yukon, the Northwest Territories or Nunavut, the appropriate Chief Justice may designate the judge from the Court of Appeal of Yukon, the Northwest Territories or Nunavut, or the Supreme Court of Yukon or the Northwest Territories or the Nunavut Court of Justice, as the case may be. 1996, c. 34, s. 2; 1999, c. 3, s. 53; 2002, c. 7, s. 147(E) 2019, c. 25, s. 306
Criminal Code — C-46 746
Time spent in custody 746 In calculating the period of imprisonment served for the purposes of section 745, 745.1, 745.4, 745.5 or 745.6, there shall be included any time spent in custody between (a) in the case of a sentence of imprisonment for life after July 25, 1976, the day on which the person was arrested and taken into custody in respect of the offence for which that person was sentenced to imprisonment for life and the day the sentence was imposed; or (b) in the case of a sentence of death that has been or is deemed to have been commuted to a sentence of imprisonment for life, the day on which the person was arrested and taken into custody in respect of the offence for which that person was sentenced to death and the day the sentence was commuted or deemed to have been commuted to a sentence of imprisonment for life. R.S., 1985, c. C-46, s. 746; 1995, c. 19, s. 41, c. 22, ss. 6, 24
Criminal Code — C-46 746.1
Parole prohibited 746.1 (1) Unless Parliament otherwise provides by an enactment making express reference to this section, a person who has been sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act shall not be considered for parole or released pursuant to a grant of parole under the Corrections and Conditional Release Act or any other Act of Parliament until the expiration or termination of the specified number of years of imprisonment. Absence with or without escort and day parole (2) Subject to subsection (3), in respect of a person sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act, until the expiration of all but three years of the specified number of years of imprisonment, (a) no day parole may be granted under the Corrections and Conditional Release Act ; (b) no absence without escort may be authorized under that Act or the Prisons and Reformatories Act ; and (c) except with the approval of the Parole Board of Canada, no absence with escort otherwise than for medical reasons or in order to attend judicial proceedings or a coroner’s inquest may be authorized under either of those Acts. Young offenders (3) In the case of any person convicted of first degree murder or second degree murder who was under the age of eighteen at the time of the commission of the offence and who is sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act, until the expiration of all but one fifth of the period of imprisonment the person is to serve without eligibility for parole, (a) no day parole may be granted under the Corrections and Conditional Release Act ; (b) no absence without escort may be authorized under that Act or the Prisons and Reformatories Act ; and (c) except with the approval of the Parole Board of Canada, no absence with escort otherwise than for medical reasons or in order to attend judicial proceedings or a coroner’s inquest may be authorized under either of those Acts. 1995, c. 22, s. 6, c. 42, s. 87; 1997, c. 17, s. 2; 2012, c. 1, ss. 160, 201
Criminal Code — C-46 748
To whom pardon may be granted 748 (1) Her Majesty may extend the royal mercy to a person who is sentenced to imprisonment under the authority of an Act of Parliament, even if the person is imprisoned for failure to pay money to another person. Free or conditional pardon (2) The Governor in Council may grant a free pardon or a conditional pardon to any person who has been convicted of an offence. Effect of free pardon (3) Where the Governor in Council grants a free pardon to a person, that person shall be deemed thereafter never to have committed the offence in respect of which the pardon is granted. Punishment for subsequent offence not affected (4) No free pardon or conditional pardon prevents or mitigates the punishment to which the person might otherwise be lawfully sentenced on a subsequent conviction for an offence other than that for which the pardon was granted. R.S., 1985, c. C-46, s. 748; 1992, c. 22, s. 12; 1995, c. 22, s. 6
Criminal Code — C-46 748.1
Remission by Governor in Council 748.1 (1) The Governor in Council may order the remission, in whole or in part, of a fine or forfeiture imposed under an Act of Parliament, whoever the person may be to whom it is payable or however it may be recoverable. Terms of remission (2) An order for remission under subsection (1) may include the remission of costs incurred in the proceedings, but no costs to which a private prosecutor is entitled shall be remitted. 1995, c. 22, s. 6
Criminal Code — C-46 749
Royal prerogative 749 Nothing in this Act in any manner limits or affects Her Majesty’s royal prerogative of mercy. R.S., 1985, c. C-46, s. 749; 1995, c. 22, s. 6
Criminal Code — C-46 750
Public office vacated for conviction 750 (1) Where a person is convicted of an indictable offence for which the person is sentenced to imprisonment for two years or more and holds, at the time that person is convicted, an office under the Crown or other public employment, the office or employment forthwith becomes vacant. When disability ceases (2) A person to whom subsection (1) applies is, until undergoing the punishment imposed on the person or the punishment substituted therefor by competent authority or receives a free pardon from Her Majesty, incapable of holding any office under the Crown or other public employment, or of being elected or sitting or voting as a member of Parliament or of a legislature or of exercising any right of suffrage. Disability to contract (3) No person who is convicted of (a) an offence under section 121, 124 or 418, (b) an offence under section 380 committed against Her Majesty, or (c) an offence under paragraph 80(1)(d), subsection 80(2) or section 154.01 of the Financial Administration Act , has, after that conviction, capacity to contract with Her Majesty or to receive any benefit under a contract between Her Majesty and any other person or to hold office under Her Majesty. Application for restoration of privileges (4) A person to whom subsection (3) applies may, at any time before a record suspension for which he or she has applied is ordered under the Criminal Records Act , apply to the Governor in Council for the restoration of one or more of the capacities lost by the person by virtue of that subsection. Order of restoration (5) Where an application is made under subsection (4), the Governor in Council may order that the capacities lost by the applicant by virtue of subsection (3) be restored to that applicant in whole or in part and subject to such conditions as the Governor in Council considers desirable in the public interest. Removal of disability (6) Where a conviction is set aside by competent authority, any disability imposed by this section is removed. R.S., 1985, c. C-46, s. 750; 1995, c. 22, s. 6; 2000, c. 1, s. 9; 2006, c. 9, s. 246; 2012, c. 1, s. 146
Criminal Code — C-46 751
Costs to successful party in case of libel 751 The person in whose favour judgment is given in proceedings by indictment for defamatory libel is entitled to recover from the opposite party costs in a reasonable amount to be fixed by order of the court. R.S., 1985, c. C-46, s. 751; 1995, c. 22, s. 6
Criminal Code — C-46 751.1
How recovered 751.1 Where costs that are fixed under section 751 are not paid forthwith, the party in whose favour judgment is given may enter judgment for the amount of the costs by filing the order in any civil court of the province in which the trial was held that has jurisdiction to enter a judgment for that amount, and that judgment is enforceable against the opposite party in the same manner as if it were a judgment rendered against that opposite party in that court in civil proceedings. 1995, c. 22, s. 6
Criminal Code — C-46 752
 (invitation to sexual touching), (iii) section 153 (sexual exploitation), (iv) section 155 (incest), (v) section 239 (attempt to commit murder), (vi) section 244 (discharging firearm with intent), (vii) section 267 (assault with weapon or causing bodily harm), (viii) section 268 (aggravated assault), (ix) section 271 (sexual assault), (x) section 272 (sexual assault with weapon, threats to third party or causing bodily harm), (xi) section 273 (aggravated sexual assault), and (xii) subsection 279(1) (kidnapping), (b) an offence under any of the following provisions of the Criminal Code , chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983: (i) section 144 (rape), (ii) section 145 (attempt to commit rape), (iii) section 149 (indecent assault on female), (iv) section 156 (indecent assault on male), (v) subsection 245(2) (assault causing bodily harm), and (vi) subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in any of subparagraphs (i) to (v) of this paragraph, (c) an offence under any of the following provisions of the Criminal Code , chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof , chapter 125 of the Statutes of Canada, 1980-81-82-83: (i) section 246.1 (sexual assault), (ii) section 246.2 (sexual assault with weapon, threats to third party or causing bodily harm), and (iii) section 246.3 (aggravated sexual assault), (d) an offence under any of the following provisions of the Criminal Code , chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988: (i) subsection 146(1) (sexual intercourse with female under age of 14), and (ii) paragraph 153(1)(a) (sexual intercourse with step-daughter), or (e) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a) to (d); ( infraction primaire ) serious personal injury offence means (a) an indictable offence, other than high treason, treason, first degree murder or second degree murder, involving (i) the use or attempted use of violence against another person, or (ii) conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage on another person, and for which the offender may be sentenced to imprisonment for ten years or more, or (b) an offence or attempt to commit an offence mentioned in section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm) or 273 (aggravated sexual assault). ( sévices graves à la personne ) R.S., 1985, c. C-46, s. 752; 2008, c. 6, ss. 40, 61; 2010, c. 3, s. 8; 2012, c. 1, s. 35; 2014, c. 25, s. 29; 2018, c. 21, s. 25 2024, c. 23, s. 10
Criminal Code — C-46
court means the court by which an offender in relation to whom an application under this Part is made was convicted, or a superior court of criminal jurisdiction; ( tribunal )
Criminal Code — C-46
long-term supervision means long-term supervision ordered under subsection 753(4), 753.01(5) or (6) or 753.1(3) or subparagraph 759(3)(a)(i); ( surveillance de longue durée )
Criminal Code — C-46 (a)
primary designated offence means (a) an offence under any of the following provisions: (i) section 151 (sexual interference), (ii) section 152 (invitation to sexual touching), (iii) section 153 (sexual exploitation), (iv) section 155 (incest), (v) section 239 (attempt to commit murder), (vi) section 244 (discharging firearm with intent), (vii) section 267 (assault with weapon or causing bodily harm), (viii) section 268 (aggravated assault), (ix) section 271 (sexual assault), (x) section 272 (sexual assault with weapon, threats to third party or causing bodily harm), (xi) section 273 (aggravated sexual assault), and (xii) subsection 279(1) (kidnapping), (b) an offence under any of the following provisions of the Criminal Code , chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983: (i) section 144 (rape), (ii) section 145 (attempt to commit rape), (iii) section 149 (indecent assault on female), (iv) section 156 (indecent assault on male), (v) subsection 245(2) (assault causing bodily harm), and (vi) subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in any of subparagraphs (i) to (v) of this paragraph, (c) an offence under any of the following provisions of the Criminal Code , chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof , chapter 125 of the Statutes of Canada, 1980-81-82-83: (i) section 246.1 (sexual assault), (ii) section 246.2 (sexual assault with weapon, threats to third party or causing bodily harm), and (iii) section 246.3 (aggravated sexual assault), (d) an offence under any of the following provisions of the Criminal Code , chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988: (i) subsection 146(1) (sexual intercourse with female under age of 14), and (ii) paragraph 153(1)(a) (sexual intercourse with step-daughter), or (e) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a) to (d); ( infraction primaire )
Criminal Code — C-46 (a)
serious personal injury offence means (a) an indictable offence, other than high treason, treason, first degree murder or second degree murder, involving (i) the use or attempted use of violence against another person, or (ii) conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage on another person, and for which the offender may be sentenced to imprisonment for ten years or more, or (b) an offence or attempt to commit an offence mentioned in section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm) or 273 (aggravated sexual assault). ( sévices graves à la personne )
Criminal Code — C-46 752.01
Prosecutor’s duty to advise court 752.01 If the prosecutor is of the opinion that an offence for which an offender is convicted is a serious personal injury offence that is a designated offence and that the offender was convicted previously at least twice of a designated offence and was sentenced to at least two years of imprisonment for each of those convictions, the prosecutor shall advise the court, as soon as feasible after the finding of guilt and in any event before sentence is imposed, whether the prosecutor intends to make an application under subsection 752.1(1). 2008, c. 6, s. 41