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S-209

Second Session, Forty-first Parliament,

62 Elizabeth II, 2013

SENATE OF CANADA

BILL S-209

An Act to amend the Criminal Code (exception to mandatory minimum sentences for manslaughter and criminal negligence causing death)


FIRST READING, NOVEMBER 6, 2013


THE HONOURABLE SENATOR JAFFER

0740

SUMMARY

This enactment amends the Criminal Code to provide for an exception to the mandatory minimum sentences for manslaughter using a firearm and criminal negligence causing death with a firearm if the sentencing court is satisfied that the victim engaged in a pattern of conduct that constituted physical, sexual or psychological abuse of the offender.

Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca


 

2nd Session, 41st Parliament,

62 Elizabeth II, 2013

SENATE OF CANADA

BILL S-209

An Act to amend the Criminal Code (exception to mandatory minimum sentences for manslaughter and criminal negligence causing death)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Paragraph 220(a) of the Criminal Code is replaced by the following:

(a) subject to paragraph (a.1), where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years;

(a.1) where a firearm is used in the commission of the offence and the court imposing sentence on the offender is satisfied that the victim engaged in a pattern of conduct constituting physical, sexual or psychological abuse of the offender, to imprisonment for life; and

2. Paragraph 236(a) of the Act is replaced by the following:
(asubject to paragraph (a.1), where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years;

(a.1) where a firearm is used in the commission of the offence and the court imposing sentence on the offender is satisfied that the victim engaged in a pattern of conduct constituting physical, sexual or psychological abuse of the offender, to imprisonment for life; and

Published under authority of the Senate of Canada


EXPLANATORY NOTES

Criminal Code

Clause 1: Relevant portion of section 220:

220. Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable

a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

 

Clause 2: Relevant portion of section 236:

236. Every person who commits manslaughter is guilty of an indictable offence and liable

a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

 

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