Bill C-10 (Historical)

An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act

This bill is from the 39th Parliament, 1st session, which ended in October 2007.

Sponsor

Rob Nicholson  Conservative

Status

Second reading (Senate), as of June 14, 2007
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Criminal Code to provide for escalating minimum penalties according to the number, if any, of previous convictions for serious offences involving the use of a firearm if the firearm is either a restricted or prohibited firearm or if the offence was committed in connection with a criminal organization, to provide for escalating minimum penalties according to the number, if any, of previous convictions for other firearm-related offences and to create two new offences: breaking and entering to steal a firearm and robbery to steal a firearm.

Similar bills

C-2 (39th Parliament, 2nd session) Law Tackling Violent Crime Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-10s:

C-10 (2022) Law An Act respecting certain measures related to COVID-19
C-10 (2020) An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
C-10 (2020) Law Appropriation Act No. 4, 2019-20
C-10 (2016) Law An Act to amend the Air Canada Public Participation Act and to provide for certain other measures
C-10 (2013) Law Tackling Contraband Tobacco Act
C-10 (2011) Law Safe Streets and Communities Act

Votes

May 29, 2007 Passed That the Bill be now read a third time and do pass.
May 7, 2007 Passed That Bill C-10, An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act, as amended, be concurred in at report stage with further amendments.
May 7, 2007 Passed That Bill C-10 be amended by restoring Clause 17 as follows: “17. Section 239 of the Act is replaced by the following: 239. (1) Every person who attempts by any means to commit murder is guilty of an indictable offence and liable (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of (i) in the case of a first offence, five years, (ii) in the case of a second offence, seven years, and (iii) in the case of a third or subsequent offence, ten years; (a.1) in any other case 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 (b) in any other case, to imprisonment for life. (2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second, third or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence: (a) an offence under this section; (b) an offence under subsection 85(1) or (2) or section 244; or (c) an offence under section 220, 236, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence. However, an earlier offence shall not be taken into account if ten years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody. (3) For the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.”
May 7, 2007 Passed That the Motion proposing to restore Clause 17 of Bill C-10 be amended: (a) by substituting the following for subparagraphs 239(1)(a)(ii) and (iii) contained in that Motion: “(ii) in the case of a second or subsequent offence, seven years;” (b) by substituting, in the English version, the following for the portion of subsection 239(2) before paragraph (a) contained in that Motion: “(2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:”.
May 7, 2007 Passed That Bill C-10 be amended by restoring Clause 2 as follows: “2. (1) Paragraph 85(1)(a) of the Act is replaced by the following: (a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (discharging firearm with intent), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage-taking), 344 (robbery) or 346 (extortion), (2) Paragraphs 85(3)(b) and (c) of the Act are replaced by the following: (b) in the case of a second offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years; and (c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of five years.”
May 7, 2007 Passed That the Motion proposing to restore Clause 2 of Bill C-10 be amended by substituting the following for paragraphs 85(3)(b) and (c) contained in that Motion: “(b) in the case of a second or subsequent offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years.”.
May 7, 2007 Passed That Bill C-10 be amended by restoring Clause 1 as follows: “1. Section 84 of the Criminal Code is amended by adding the following after subsection (4): (5) In determining, for the purposes of any of subsections 85(3), 95(2), 96(2) and 98(4), section 98.1 and subsections 99(2), 100(2), 102(2), 103(2) and 117.01(3), whether a convicted person has committed a second, third or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence: (a) an offence under section 85, 95, 96, 98, 98.1, 99, 100, 102 or 103 or subsection 117.01(1); (b) an offence under section 244; or (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence. However, an earlier offence shall not be taken into account if ten years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody. (6) For the purposes of subsection (5), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.”
May 7, 2007 Passed That the Motion proposing to restore Clause 1 of Bill C-10 be amended by substituting the following for the portion of subsection 84(5) before paragraph (a) contained in that Motion: “(5) In determining, for the purposes of any of subsections 85(3), 95(2), 99(2), 100(2) and 103(2), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:”.
May 7, 2007 Passed That Bill C-10 be amended by restoring the long title as follows: “An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act”
June 13, 2006 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

Justice and Human Rights Committee, on Nov. 7, 2006

  • Julie Besner, Counsel, Criminal Policy Section, Department of Justice

Justice and Human Rights Committee, on Nov. 8, 2006

  • Ian McCowan, Assistant Commissioner, Policy and Research, Correctional Service Canada
  • Ross Toller, Assistant Commissioner, Correctional Operations and Programs, Correctional Service Canada

Justice and Human Rights Committee, on Nov. 20, 2006

  • Kim Pate, Executive Director, Canadian Association of Elizabeth Fry Societies
  • Debra Parkes, Member, Board of Directors, Canadian Association of Elizabeth Fry Societies
  • Michael Woods, Director General, National Criminal Operations, Community, Contract and Aboriginal Policing Services, Royal Canadian Mounted Police
  • Robin MacKay, Committee Researcher

Justice and Human Rights Committee, on Nov. 22, 2006

  • Lynn Barr-Telford, Director, Statistics Canada, Canadian Centre for Justice Statistics
  • John Turner, Chief, Policing Services Program, Canadian Centre for Justice Statistics
  • Craig Grimes, Project Manager, Courts Program, Statistics Canada, Canadian Centre for Justice Statistics

Justice and Human Rights Committee, on Nov. 23, 2006

  • William Blair, Chief, Toronto Police Service
  • Hon. Michael Bryant, Attorney General, Ontario Ministry of the Attorney General
  • Peter Rosenthal, Professor, Department of Mathematics, University of Toronto, As an Individual
  • John Muise, Director, Public Safety, Canadian Centre for Abuse Awareness
  • Margaret Beare, Former Director, Nathanson Centre for the Study of Organized Crime and Corruption, As an Individual
  • Andy Rady, Ontario Representative on the Board, Canadian Council of Criminal Defence Lawyers
  • William Trudell, Chair, Canadian Council of Criminal Defence Lawyers
  • George Biggar, Vice-President, Policy, Planning and External Relations, Legal Aid Ontario
  • Fiona Sampson, Director of litigation, Women's Legal Education and Action Fund
  • Jonathan Rudin, Program Director, Aboriginal Legal Services of Toronto

Justice and Human Rights Committee, on Nov. 27, 2006

Justice and Human Rights Committee, on Nov. 29, 2006

  • Alan Borovoy, General Counsel, Canadian Civil Liberties Association
  • Graham Stewart, Executive Director, John Howard Society of Canada
  • Laurent Champagne, President, Church Council on Justice and Corrections
  • Alexi Wood, Director, Program Safety Project, Canadian Civil Liberties Association

Justice and Human Rights Committee, on Dec. 4, 2006

  • Lucie Joncas, President, Association québécoise des avocats et avocates de la défense
  • Jean-Paul Brodeur, Professor, Criminology, Director, International Centre of Comparative Criminology, University of Montreal, As an Individual
  • Tamra Thomson, Director, Legislation and Law Reform, Canadian Bar Association
  • Joshua Weinstein, Secretary, National Criminal Justice Section, Canadian Bar Association
  • Sandra Elgersma, Domestic Policy Analyst, Mennonite Central Committee Canada
  • Eileen Henderson, Restorative Justice Coordinator, Mennonite Central Committee Ontario, Mennonite Central Committee Canada

Justice and Human Rights Committee, on Dec. 6, 2006

  • Ryan King, Policy Analyst, The Sentencing Project
  • Anthony Doob, Professor, Centre for Criminology, University of Toronto, As an Individual
  • Royland Moriah, Policy Research Lawyer, African Canadian Legal Clinic
  • Irving Kulik, Executive Director, Canadian Criminal Justice Association

Justice and Human Rights Committee, on Jan. 30, 2007

  • Randall Richmond, Deputy Chief Prosecutor, Organized Crime Prosecutions Bureau, Department of Justice (Quebec)
  • Ross Toller, Assistant Commissioner, Correctional Operations and Program, Correctional Service Canada
  • Harry Delva, Representative, Maison d'Haïti
  • Claude Bélanger, Former Principal General Counsel, Department of Justice, As an Individual
  • Guy Ouellette, Retired Sergeant, Sûreté du Québec

Justice and Human Rights Committee, on Feb. 1, 2007

  • Pierre-Yves Bourduas, Deputy Commissioner, Federal Services and Central Region, Royal Canadian Mounted Police
  • Jamie Graham, Chief Constable, Vancouver Police Department
  • Larry Butler, Sergeant, Vancouver Police Department
  • Robert Gordon, Professor and Director, School of Criminology, Simon Fraser University, As an Individual
  • Michel Aubin, Director, Organized Crime Branch, Royal Canadian Mounted Police

Justice and Human Rights Committee, on Feb. 6, 2007

  • Julie Besner, Counsel, Criminal Policy Section, Department of Justice

Justice and Human Rights Committee, on Feb. 13, 2007

  • Julie Besner, Counsel, Criminal Policy Section, Department of Justice

Justice and Human Rights Committee, on Feb. 20, 2007