C-388
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-388
An Act to amend the Criminal Code (judicial discretion)
first reading, May 15, 2009
NOTE
3rd Session, 40th Parliament
This bill was introduced during the Second 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. Comartin
402015
SUMMARY
This enactment amends the Criminal Code to allow the court, in exceptional circumstances, to impose a punishment that is less than the prescribed minimum punishment.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-388
An Act to amend the Criminal Code (judicial discretion)
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. Section 718.3 of the Criminal Code is amended by adding the following after subsection (2):
Less than minimum punishment
(2.1) Notwithstanding any other provision of this Act, where an enactment prescribes a minimum punishment in respect of an offence, the punishment to be imposed shall be equal to or greater than the minimum punishment, unless the court that sentences the accused is satisfied that exceptional circumstances warrant the imposition of a punishment that is less than the prescribed minimum punishment.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada