C-248
First Session, Thirty-ninth Parliament,
55 Elizabeth II, 2006
HOUSE OF COMMONS OF CANADA
BILL C-248
An Act to amend the Criminal Code (sex crimes and violent crimes)
first reading, May 3, 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.
Mrs. Smith
391221
SUMMARY
This enactment amends the Criminal Code to preclude persons who commit sex offences or offences involving violence from receiving conditional sentences under that Act.
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-248
An Act to amend the Criminal Code (sex crimes and violent crimes)
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 Subject to section 742.11, where a person is convicted of an offence, except an offence that is punishable by a minimum term of imprisonment, and the court
2. The Act is amended by adding the following after section 742.1:
No conditional sentence
742.11 Section 742.1 does not apply in respect of an offence
(a) that is committed under any of the following provisions of this Act:
(i) paragraph 81(1)(a) or (b) (using explosives), 
(ii) section 151 (sexual interference),
(iii) section 152 (invitation to sexual touching),
(iv) section 153 (sexual exploitation),
(v) section 155 (incest),
(vi) section 159 (anal intercourse),
(vii) section 170 (parent or guardian procuring sexual activity),
(viii) subsection 212(2) (living on the avails of prostitution of a person under eighteen),
(ix) subsection 212(4) (offence — prostitution of person under eighteen),
(x) paragraph 236(b) (manslaughter),
(xi) paragraph 239(b) (attempt to commit murder),
(xii) section 267 (assault with a weapon or causing bodily harm),
(xiii) section 268 (aggravated assault),
(xiv) section 269 (unlawfully causing bodily harm),
(xv) section 271 (sexual assault),
(xvi) subsection 272(1) and paragraph 272(2)(b) (sexual assault with a weapon, threats to a third party or causing bodily harm),
(xvii) subsection 273(1) and paragraph 273(2)(b) (aggravated sexual assault),
(xviii) subsection 279(1) and paragraph 279(1.1)(b) (kidnapping), 
(xix) subsection 279(2) (forcible confinement),
(xx) paragraph 344(b) (robbery),
(xxi) section 433 (arson — disregard for human life),
(xxii) section 434.1 (arson — own property),
(xxiii) section 436 (arson by negligence), and 
(xxiv) paragraph 465(1)(a) (conspiracy to commit murder or to cause another person to be murdered);
(b) that is committed under any of the following provisions of the Criminal Code, as they read immediately before July 1, 1990:
(i) section 433 (arson),
(ii) section 434 (setting fire to other substance), and
(iii) section 436 (setting fire by negligence);
(c) that is committed under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately 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), and
(v) section 246 (assault with intent and other assaults); or
(d) that is committed under any of the following provisions of the Controlled Drugs and Substances Act:
(i) section 5 (trafficking),
(ii) section 6 (importing and exporting), and
(iii) section 7 (production).
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada