C-235
First Session, Thirty-ninth Parliament,
55 Elizabeth II, 2006
HOUSE OF COMMONS OF CANADA
BILL C-235
An Act to amend the Criminal Code (conditional sentencing)
first reading, April 28, 2006
NOTE
2nd Session, 39th Parliament
This bill was introduced during the First Session of the 39th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the First Session. The number of the bill remains unchanged.
Mr. Hill
391212
SUMMARY
The purpose of this enactment is to ensure that certain offences, particularly violent offences, are excluded from consideration for conditional sentencing.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
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1st Session, 39th Parliament,
55 Elizabeth II, 2006
house of commons of canada
BILL C-235
An Act to amend the Criminal Code (conditional sentencing)
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The portion of section 742.1 of the Criminal Code before paragraph (a) is replaced by the following:
Imposing of conditional sentence
742.1 Where a person is convicted of an offence and the court
2. The Act is amended by adding the following after section 742.1:
Definition of “offence”
742.11 In section 742.1, “offence” does not include any of the following offences:
(a) an offence that is punishable by a minimum term of imprisonment;
(b) paragraph 81(2)(a) (causing injury with intent –– explosives);
(c) paragraph 220(b) (causing death by criminal negligence);
(d) section 221 (causing bodily harm by criminal negligence);
(e) paragraph 236(b) (manslaughter);
(f) paragraph 239(b) (attempt to commit murder);
(g) section 244.1 (causing bodily harm with intent –– air gun or pistol);
(h) section 246 (overcoming resistance to commission of offence);
(i) subsections 249(3) and (4) (dangerous operation causing bodily harm and dangerous operation causing death);
(j) subsections 255(2) and (3) (impaired driving causing bodily harm and impaired driving causing death);
(k) section 264 (criminal harassment);
(l) section 266 (assault);
(m) section 267 (assault with a weapon or causing bodily harm);
(n) section 268 (aggravated assault);
(o) section 269 (unlawfully causing bodily harm);
(p) section 269.1 (torture);
(q) section 270 (assaulting a peace officer);
(r) section 271 (sexual assault);
(s) paragraph 272(2)(b) (sexual assault with a weapon, threats to a third party or causing bodily harm);
(t) paragraph 273(2)(b) (aggravated sexual assault);
(u) paragraph 279(1.1)(b) (kidnapping);
(v) subsection 279(2) (forcible confine-ment);
(w) paragraph 279.1(2)(b) (hostage taking);
(x) paragraph 344(b) (robbery);
(y) paragraph 346(1.1)(b) (extortion);
(z) section 433 (arson –– disregard for human life);
(z.1) section 434.1 (arson –– own property);
(z.2) section 436 (arson by negligence);
(z.3) paragraph 465(1)(a) (conspiracy to commit murder);
(z.4) an offence under section 5 (trafficking in substance and possession for purpose of trafficking) of the Controlled Drugs and Substances Act;
(z.5) an offence under section 6 (importing and exporting, and possession for the purpose of exporting) of the Controlled Drugs and Substances Act; and
(z.6) an offence under section 7 (production of substance) of the Controlled Drugs and Substances Act.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada