An Act to amend the Criminal Code and the Corrections and Conditional Release Act (consecutive sentences)

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

This bill was previously introduced in the 40th Parliament, 2nd Session and the 40th Parliament, 1st Session.

Sponsor

Albina Guarnieri  Liberal

Introduced as a private member’s bill. (These don’t often become law.)

Status

Introduced, as of Jan. 26, 2009
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment provides that a sentence imposed for the offence of sexual assault under section 271 of the Criminal Code is to be served consecutively to any other sentence for an offence under that section or section 272 or 273 to which the offender is subject at the time the sentence for sexual assault is imposed. However, the enactment also gives the sentencing judge discretion to order that the sentence be served concurrently rather than consecutively where he or she is satisfied that it is appropriate to do so. Where the judge makes such an order, he or she must give both oral and written reasons for that decision.

The enactment also provides that, where an offender is sentenced for first or second degree murder and is, at the time the sentence is imposed, subject to a sentence for any offence other than murder, the offender will not be eligible for parole until he or she has served the parole ineligibility period required by law to be served for that other sentence — the lesser of one third of that sentence and seven years — and the parole ineligibility period required by law to be served for the first or second degree murder.

The enactment further provides that, where an offender is sentenced for first or second degree murder and is, at the time the sentence is imposed, subject to a sentence for another first or second degree murder, the sentencing judge has the discretion to order, where he or she is satisfied that it is appropriate to do so, that the offender must — on the expiration of the parole ineligibility period the person is required by law to serve for that other murder — serve a further parole ineligibility period not exceeding 25 years for the murder for which he or she is being sentenced. However, in no case must the total parole ineligibility period required to be served by the offender exceed 50 years. The enactment also provides that, where the sentencing judge does not make an order for a further period of parole ineligibility, he or she must explain, both orally and in writing, why he or she did not make that order.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.

Criminal Code
Routine Proceedings

November 26th, 2008 / 3:15 p.m.
See context

Liberal

Albina Guarnieri Mississauga East—Cooksville, ON

moved for leave to introduce Bill C-231, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (consecutive sentences).

Mr. Speaker, volume discounts for rapists and murderers, that is the law in Canada today. It is called concurrent sentencing that cheapens life. The life of the second, the third or the eleventh victim does not count in the sentencing equation. The lowest price is the law every day in our courts.

This was true when this bill passed third reading in the House by a 4:1 margin in 1999. It was true last month when the premier of Saskatchewan called for consecutive sentencing when a child killer who confessed to sexually assaulting 40 women was freed without serving one day for any of those 40 victims.

Consecutive sentences for multiple murderers and rapists remain the only way to bring proportionality to sentencing and bring a measure of justice to victims of immeasurable crimes.

(Motions deemed adopted, bill read the first time and printed)