C-82
First Session, Thirty-eighth Parliament,
53-54 Elizabeth II, 2004-2005
HOUSE OF COMMONS OF CANADA
BILL C-82
An Act to amend the Criminal Code (firearms)
first reading, November 25, 2005
THE MINISTER OF JUSTICE
90364
SUMMARY
This enactment amends the Criminal Code to
(a) increase certain minimum penalties relating to smuggling, trafficking in and possession of firearms and other weapons;
(b) create two new offences: breaking and entering to steal a firearm and robbery to steal a firearm;
(c) expand the application of provisions relating to prohibitions on the possession of a firearm or other weapon, including where a firearm has been used in the commission of certain offences or where the accused, suffering from a mental disorder, is released on conditions;
(d) provide for the court to delay release on parole in cases involving the use of a firearm in the commission of certain serious offences; and
(e) extend measures to assist and protect witnesses to cases relating to offences involving a firearm or other weapon.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
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1st Session, 38th Parliament,
53-54 Elizabeth II, 2004-2005
house of commons of canada
BILL C-82
An Act to amend the Criminal Code (firearms)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-46
CRIMINAL CODE
1995, c. 39, s. 139
1. The portion of subsection 84(1) of the Criminal Code before the first definition is replaced by the following:
Definitions
84. (1) In this Part, paragraph 486(2.102)(e), subsections 491(1) and 515(4.1) and (4.11), paragraph 672.54(b) and subsections 810(3.1) and (3.11),
1995, c. 39, s. 139
2. Subsections 91(1) and (2) of the Act are replaced by the following:
Unauthorized possession of firearm
91. (1) Subject to subsections (4) and (5), every person commits an offence who possesses a firearm without being the holder of
(a) a licence under which the person may possess it; and
(b) a registration certificate for the firearm.
Unauthorized possession of prohibited weapon or restricted weapon
(2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, without being the holder of a licence under which the person may possess it.
1995, c. 39, s. 139
3. Subsections 92(1) and (2) of the Act are replaced by the following:
Possession of firearm knowing its possession is unauthorized
92. (1) Subject to subsections (4) and (5), every person commits an offence who possesses a firearm knowing that the person is not the holder of
(a) a licence under which the person may possess it; and
(b) a registration certificate for the firearm.
Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized
(2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition knowing that the person is not the holder of a licence under which the person may possess it.
1995, c. 39, s. 139
4. The portion of subsection 93(1) of the Act before paragraph (a) is replaced by the following:
Possession at unauthorized place
93. (1) Subject to subsection (3), every person commits an offence who, being the holder of an authorization or a licence under which the person may possess a firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition, possesses the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition at a place that is
1995, c. 39, s. 139
5. The portion of subsection 94(1) of the Act before subparagraph (a)(iii) is replaced by the following:
Unauthorized possession in motor vehicle
94. (1) Subject to subsections (3) to (5), every person commits an offence who is an occupant of a motor vehicle in which the person knows there is a firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless
(a) in the case of a firearm,
(i) the person or any other occupant of the motor vehicle is the holder of
(A) both a licence under which the person or other occupant may possess the firearm and a registration certificate for the firearm, and
(B) if the firearm is a prohibited firearm or a restricted firearm, an authorization under which the person may transport the firearm,
(ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was the holder of
(A) both a licence under which that other occupant may possess the firearm and a registration certificate for the firearm, and
(B) if the firearm is a prohibited firearm or a restricted firearm, an authorization under which the other occupant may transport the firearm, or
1995, c. 39, s. 139
6. (1) The portion of subsection 95(1) of the Act before paragraph (a) is replaced by the following:
Possession of prohibited or restricted firearm with ammunition
95. (1) Subject to subsection (3), every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, unless the person is the holder of
1995, c. 39, s. 139
(2) Paragraph 95(2)(a) of the Act is replaced by the following:
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years, if the place in question is one to which the public has access as of right or by express or implied invitation, and for a term of one year in any other case; or
1995, c. 39, s. 139
7. Section 98 of the Act is replaced by the following:
Breaking and entering to steal firearm
98. (1) Every one is guilty of an indictable offence and liable to imprisonment for life who
(a) breaks and enters a place with intent to steal a firearm from it;
(b) breaks and enters a place and steals a firearm from it; or
(c) breaks out of a place after
(i) stealing a firearm from it, or
(ii) entering the place with intent to steal a firearm from it.
Definitions of “break” and “place”
(2) In this section, “break” has the same meaning as in section 321, and “place” means any building or structure — or part of one — and any motor vehicle, vessel, aircraft, railway equipment, container or trailer.
Entrance
(3) For the purposes of this section,
(a) a person enters as soon as any part of his or her body or any part of an instrument that he or she uses is within any thing that is being entered; and
(b) a person is deemed to have broken and entered if he or she
(i) obtained entrance by a threat or an artifice or by collusion with a person within, or
(ii) entered without lawful justification or excuse by a permanent or temporary opening.
Robbery to steal firearm
98.1 Every one who commits a robbery within the meaning of section 343 with intent to steal a firearm or in the course of which he or she steals a firearm commits an indictable offence and is liable to imprisonment for life.
1995, c. 39, s. 139
8. Subsection 99(2) of the Act is replaced by the following:
Punishment
(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years.
1995, c. 39, s. 139
9. Subsection 100(2) of the Act is replaced by the following:
Punishment
(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years.
1995, c. 39, s. 139
10. Subsection 103(2) of the Act is replaced by the following:
Punishment
(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years.
1995, c. 39, s. 139
11. Subsection 107(1) of the English version of the Act is replaced by the following:
False statements
107. (1) Every person commits an offence who knowingly makes, to a peace officer, firearms officer or chief firearms officer, a false report or statement concerning the loss, theft or destruction of a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate.
1995, c. 39, s. 139
12. (1) Paragraph 109(1)(a) of the Act is replaced by the following:
(a) an offence under section 235 (murder) or 239 (attempted murder),
(a.1) an offence under section 467.12 (commission of offence for criminal organization) or 467.13 (instructing commission of offence for criminal organization),
(a.2) a terrorism offence,
(a.3) an offence under section 244 (discharg­ing firearm with intent) or, if a firearm was used in its commission, an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage-taking), 344 (robbery) or 346 (extortion),
(a.4) an indictable offence — other than one referred to in any of paragraphs (a) to (a.3) — in the commission of which violence against a person was used, threatened or attempted and for which the person may be sentenced to imprisonment for ten years or more,
1995, c. 39, s. 139
(2) Paragraph 109(1)(d) of the French version of the Act is replaced by the following:
d) d’une infraction mettant en jeu une arme à feu, une arbalète, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions, des munitions prohibées ou des substances explosives, perpétrée alors que celui-ci était sous le coup d’une ordonnance, rendue en vertu de la présente loi ou de toute autre loi fédérale, lui en interdisant la possession.
1995, c. 39, s. 139
(3) Subsection 109(2) of the Act is replaced by the following:
Duration of prohibition order — first offence
(2) An order made under subsection (1) shall, in the case of a first conviction for or discharge from the offence to which the order relates, prohibit the person from possessing
(a) in the case of an offence referred to in any of paragraphs (1)(a) to (a.3), any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive substance for life; and
(b) in the case of any other offence,
(i) any firearm — other than a prohibited firearm or restricted firearm — and any crossbow, restricted weapon, ammunition — other than prohibited ammunition — and any explosive substance during the period that begins on the day on which the order is made and ends not earlier than ten years after the person’s release from imprisonment after conviction for the offence or, if the person is not then imprisoned or subject to imprisonment, after the person’s conviction for or discharge from the offence, and
(ii) any prohibited firearm, restricted firearm, prohibited weapon, prohibited device and prohibited ammunition for life.
1995, c. 39, s. 139
(4) Subsection 109(4) of the Act is replaced by the following:
Definition of “release from imprisonment”
(4) In subparagraph (2)(b)(i), “release from imprisonment” means release from confinement by reason of expiration of sentence, commencement of statutory release or grant of parole.
1995, c. 39, s. 139
13. (1) Paragraph 110(1)(a) of the Act is replaced by the following:
(a) an offence, other than an offence referred to in any of paragraphs 109(1)(a) to (c), in the commission of which violence against a person was used, threatened or attempted,
1995, c. 39, s. 139
(2) Paragraph 110(1)(b) of the French version of the Act is replaced by the following:
b) soit d’une infraction mettant en jeu une arme à feu, une arbalète, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions, des munitions prohibées ou des substances explosives, perpétrée alors que celui-ci n’est pas sous le coup d’une ordonnance, rendue en vertu de la présente loi ou de toute autre loi fédérale, lui en interdisant la possession.
(3) Subsection 110(1) of the Act is amended by adding the word “or” at the end of paragraph (b) and by adding the following after that paragraph:
(c) an offence under section 467.11 (participation in activities of criminal organization),
(4) Section 110 of the Act is amended by adding the following after subsection (1):
Consider evidence of violence against spouse or child
(1.1) In deciding whether to make an order under subsection (1), the court shall consider any evidence showing that the person, in the commission of the offence, used, threatened or attempted violence against the person’s child or current or former spouse or common-law partner or against a child of any of them.
1995, c. 39, s. 139
(5) Subsection 110(3) of the Act is replaced by the following:
Reasons
(3) Where the court does not make an order under subsection (1), or where the court does make such an order but does not prohibit the possession of everything referred to in that subsection, the court shall include in the record a statement of the court’s reasons for not doing so. The reasons shall, in the circumstances referred to in subsection (1.1), specify why the court did not consider it desirable to do so in the interests of the safety of the persons in question.
1995, c. 39, s. 139
14. Paragraph 117.07(1)(g) of the Act is replaced by the following:
(g) removes, alters, obliterates or defaces either a firearm marking required by regulation or a serial number on a firearm in the course of the public officer’s duties or employment.
1995, c. 39, s. 139
15. Paragraph 117.08(g) of the Act is replaced by the following:
(g) removes, alters, obliterates or defaces either a firearm marking required by regulation or a serial number on a firearm,
1995, c. 39, s. 139
16. Section 117.11 of the Act is replaced by the following:
Onus on the accused
117.11 Where, in any proceedings for an offence under this Act, any question arises as to whether the accused is the holder of an authorization, a licence or a registration certificate, the onus is on the accused to prove that he or she is the holder of the authorization, licence or registration certificate.
1995, c. 39, s. 139
17. Subsection 117.13(3) of the English version of the Act is replaced by the following:
Notice of intention to produce certificate
(3) No certificate of an analyst may be admitted in evidence unless the party intending to produce it has, before the trial, given to the party against whom it is intended to be produced reasonable notice of that intention and a copy of the certificate.
18. Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (xiii):
(xiii.1) section 98 (breaking and entering to steal firearm),
(xiii.2) section 98.1 (robbery to steal firearm),
R.S., c. 27 (1st Supp.), s. 40(2) (Sch. I, item 2)
19. The portion of section 230 of the Act before paragraph (a) is replaced by the following:
Murder in commission of offences
230. Culpable homicide is murder where a person causes the death of a human being while committing or attempting to commit high treason or treason or an offence mentioned in section 52 (sabotage), 75 (piratical acts), 76 (hijacking an aircraft) or 98 (breaking and entering to steal firearm), section 144 or subsection 145(1) or sections 146 to 148 (escape or rescue from prison or lawful custody) or section 270 (assaulting a peace officer), 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), 273 (aggravated sexual assault), 279 (kidnapping and forcible confinement), 279.1 (hostage taking), 343 (robbery), 348 (breaking and entering) or 433 or 434 (arson), whether or not the person means to cause death to any human being and whether or not he knows that death is likely to be caused to any human being, if
2002, c. 13, s. 15
20. The portion of section 348.1 of the Act before paragraph (a) is replaced by the following:
Aggravating circumstance — home invasion
348.1 If a person is convicted of an offence under any of section 98, subsection 279(2) or sections 343, 346 and 348 in relation to a dwelling-house, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the dwelling-house was occupied at the time of the commission of the offence and that the person, in committing the offence,
21. Subsection 486(2.102) of the Act is amended by striking out the word “and” at the end of paragraph (c), by adding the word “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance.
R.S., c. 27 (1st Supp.), s. 134
22. Subsection 662(6) of the Act is replaced by the following:
Conviction for break and enter with intent
(6) Where a count charges an offence under paragraph 98(1)(b) or 348(1)(b) and the evidence does not prove such offence but does prove an offence under, respectively, paragraph 98(1)(a) or 348(1)(a), the accused may be convicted of an offence under that latter paragraph.
1991, c. 43, s. 4
23. Paragraph 672.54(b) of the Act is replaced by the following:
(b) by order, direct that the accused be discharged subject to any condition that the court or Review Board considers appropriate and the condition that the accused not possess any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance; or
2001, c. 41, s. 133(18)
24. Subsection 743.6(1.2) of the Act is replaced by the following:
Power of court to delay parole
(1.2) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, on conviction for an offence under section 239, 272 or 273, subsection 279(1) or section 279.1, if a firearm was used in the commission of the offence, or for a terrorism offence or an offence under section 467.11, 467.12 or 467.13, the court shall order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less, unless the court is satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society’s denunciation of the offence and the objectives of specific and general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act.
COORDINATING AMENDMENTS
2005, c. 32
25. (1) On the later of the coming into force of section 15 of An Act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act (the “other Act”), being chapter 32 of the Statutes of Canada, 2005, and section 21 of this Act, the portion of subsection 84(1) of the Criminal Code before the first definition is replaced by the following:
Definitions
84. (1) In this Part, paragraph 486.2(5)(e), subsections 491(1), 515(4.1) and (4.11), paragraph 672.54(b) and subsections 810(3.1) and (3.11),
(2) If section 15 of the other Act comes into force before or on the same day as section 21 of this Act, then, on the day on which that section 15 comes into force or, if it is later, on the day on which this Act is assented to, that section 21 is replaced by the following:
21. Subsection 486.2(5) of the Act is amended by striking out the word “or” at the end of paragraph (c), by adding the word “or” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance.
(3) If section 15 of the other Act comes into force after section 21 of this Act, then, on the coming into force of that section 15, subsection 486.2(5) of the Criminal Code is amended by striking out the word “or” at the end of paragraph (c), by adding the word “or” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance.
COMING INTO FORCE
Order in council
26. This Act, other than section 25, comes into force on a day to be fixed by order of the Governor in Council.
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