S-216
First Session, Forty-first Parliament,
60-61-62 Elizabeth II, 2011-2012-2013
SENATE OF CANADA
BILL S-216
An Act to amend the Controlled Drugs and Substances Act and the Criminal Code (mental health treatment)
first reading, February 27, 2013
THE HONOURABLE SENATOR JAFFER
12191
SUMMARY
This enactment amends the Controlled Drugs and Substances Act to allow a sentencing court to delay sentencing to enable an offender to participate in a mental health treatment program or to receive ental health treatment under the court's supervision. If the offender successfully completes the program or treatment, the court is not required to impose the minimum punishment.
The enactment also amends a provision of the Criminal Code that authorizes a court to delay sentencing to enable an offender to attend a treatment program approved by the province to expressly include a mental health treatment program as one of the types of treatment programs covered by the provision.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
1st Session, 41st Parliament,
60-61-62 Elizabeth II, 2011-2012-2013
senate of canada
BILL S-216
An Act to amend the Controlled Drugs and Substances Act and the Criminal Code (mental health treatment)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1996, c. 19
CONTROLLED DRUGS AND SUBSTANCES ACT
1. Section 10 of the Controlled Drugs and Substances Act is amended by adding the following after subsection (5):
Mental health treatment
(6) A court sentencing a person who is convicted of an offence under this Part may delay sentencing to enable the offender
(a) to participate in a mental health court treatment program approved by the Attorney General;
(b) to attend a mental health treatment program under subsection 720(2) of the Criminal Code; or
(c) to receive mental health treatment under the supervision of the court, with the consent of the Attorney General.
Minimum punishment
(7) If the offender successfully completes a program under paragraph (6)(a) or (b) or if the court is satisfied that the offender has successfully completed the mental health treatment under paragraph (6)(c), the court is not required to impose the minimum punishment for the offence for which the person was convicted.
R.S., c. C-46
CRIMINAL CODE
2. Subsection 720(2) of the Criminal Code is replaced by the following:
Court-supervised programs
(2) The court may, with the consent of the Attorney General and the offender and after considering the interests of justice and of any victim of the offence, delay sentencing to enable the offender to attend a treatment program approved by the province under the supervision of the court, such as an addiction treatment program, a domestic violence counselling program or a mental health treatment program.
Published under authority of the Senate of CanadaAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada
Explanatory Notes
Controlled Drugs and Substances Act
Clause 1: New.
Criminal Code
Clause 2: Existing text of subsection 720(2):
(2) The court may, with the consent of the Attorney General and the offender and after considering the interests of justice and of any victim of the offence, delay sentencing to enable the offender to attend a treatment program approved by the province under the supervision of the court, such as an addiction treatment program or a domestic violence counselling program.