C-246
First Session, Fortieth Parliament,
57 Elizabeth II, 2008
HOUSE OF COMMONS OF CANADA
BILL C-246
An Act to amend the Criminal Code (child sexual predators)
first reading, December 3, 2008
NOTE
3rd Session, 40th Parliament
This bill was introduced during the First Session of the 40th 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 Second Session. The number of the bill remains unchanged.
Mr. Kramp
401143
SUMMARY
This enactment amends the Criminal Code to establish the offence of child sexual predation, carrying a minimum sentence of life imprisonment. It covers cases of sexual assault on a child that involve repeated assaults, multiple victims, repeat offences, more than one offender, an element of confinement or kidnapping, or an offender who is in a position of trust with respect to the child.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
1st Session, 40th Parliament,
57 Elizabeth II, 2008
house of commons of canada
BILL C-246
An Act to amend the Criminal Code (child sexual predators)
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 Criminal Code is amended by adding the following after section 273:
Child sexual predator
273.01 (1) Every one who commits an offence under section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm) or 273 (aggravated sexual assault) in which the victim is a child under the age of sixteen, and who
(a) has been convicted of any such offence in different circumstances at any time in the previous ten years,
(b) in the commission of the offence, commits a sexual assault on the victim of the offence on more than one occasion,
(c) during the events constituting the offence, or immediately before or after the offence, commits a sexual assault on more than one victim,
(d) is a relative, teacher, custodian, guardian or employer of or otherwise in a position of trust with respect to the victim of the offence,
(e) in the commission of the offence, acts together with or in the presence of another person who is convicted of an offence under section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm) or 273 (aggravated sexual assault) with respect to the same victim or another victim in the same circumstances, or
(f) in the same circumstances, is also convicted of an offence under section 279 (kidnapping), 279.1 (hostage taking) or 281 (abduction of person under fourteen) with respect to the same victim,
is guilty of an indictable offence and shall be 
declared a child sexual predator and sentenced to imprisonment for life.
Minimum punishment
(2) For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by subsection (1) is a minimum punishment.
Double jeopardy
(3) For greater certainty, a person who has committed an offence mentioned in the portion of subsection (1) that precedes paragraph (a) may not plead in accordance with section 607 to prevent the court from considering an application by the Crown to have the offender convicted of an offence under subsection (1) and declared a child sexual predator in relation to the conviction for the first mentioned offence or in relation to a previous conviction for an offence mentioned in paragraph (1)(a), whether or not the previous conviction was considered before in an application under this section and whether or not the application was granted.
Parole ineligibility
(4) Notwithstanding subsection 120(1) of the Corrections and Conditional Release Act, the court, in imposing a sentence under subsection (1), shall order that the offender serve twenty years of imprisonment before being eligible for release on full parole.
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