Bill C-9 (Historical)

An Act to amend the Criminal Code (conditional sentence of imprisonment)

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

Sponsor

Status

This bill has received Royal Assent and is now 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 section 742.1 of the Criminal Code to provide that a person convicted of a serious personal injury offence as defined in section 752 of that Act, a terrorism offence or a criminal organization offence prosecuted by way of indictment for which the maximum term of imprisonment is ten years or more is not eligible for a conditional sentence.

Similar bills

C-70 (38th Parliament, 1st session) An Act to amend the Criminal Code (conditional sentence of imprisonment)

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from 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-9s:

C-9 (2021) Law An Act to amend the Judges Act

C-9 (2020) Law An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy)

C-9 (2020) An Act to amend the Chemical Weapons Convention Implementation Act

C-9 (2016) Law Appropriation Act No. 1, 2016-17

Votes

Nov. 1, 2006 Failed That Bill C-9, in Clause 1, be amended (a) by replacing lines 6 to 13 on page 1 with the following: “742.1 (1) If a person is convicted of an offence and the court imposes a sentence” (b) by adding after line 25 on page 1 the following: “(2) Despite subsection (1), the court shall not order that an offender serve the sentence in the community if the offender is convicted of any of the following offences: ( a) an offence punishable by a minimum term of imprisonment; ( b) an offence prosecuted by way of indictment for which the maximum term of imprisonment is fourteen years or more; and( c) any of the following offences, if prosecuted by way of indictment and punishable by a maximum term of imprisonment of ten years:(i) a terrorism offence, (ii) a criminal organization offence, (iii) an offence under any of the following provisions: (A) section 83.231 (hoax — terrorist activity), (B) subsection 88(1) (possession of weapon for dangerous purpose), (C) section 144 (prison breach), (D) section 160 (bestiality, compelling, in presence of or by child), (E) subsection 212(1) (procuring), (F) section 221 (causing bodily harm by criminal negligence), (G) subsection 249(3) (dangerous operation causing bodily harm), (H) subsection 252(1.2) (offence involving bodily harm), (I) subsection 255(2) (impaired driving causing bodily harm), (J) section 264 (criminal harassment), (K) section 267 (assault with a weapon or causing bodily harm), (L) section 271 (sexual assault), (M) section 279 (kidnapping, forcible confinement), (N) section 279.02 (trafficking in persons — material benefit), (O) section 281 (abduction of person under 14), (P) section 282 (abduction in contravention of custody order), (Q) section 283 (abduction), (R) paragraph 334( a) (theft),(S) subsections 342(1) and (3) (theft, forgery of credit card, unauthorized use of credit card data), (T) paragraph 348(1)( e) (breaking and entering with intent, committing offence or breaking out),(U) section 349 (being unlawfully in dwelling-house), (V) section 354 (possession of property obtained by crime), (W) section 382 (fraudulent manipulation of stock exchange transactions), (X) subsection 382.1(1) (prohibited insider trading), (Y) section 396 (offences in relation to mines), (Z) section 400 (false prospectus), (Z.1) section 403 (personation with intent), (Z.2) section 424.1 (threat against United Nations or associated personnel), (Z.3) section 435 (arson for fraudulent purpose), and (Z.4) section 465 (conspiracy), (iv) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 4, 1983: (A) section 145 (attempt to commit rape), and (B) section 156 (indecent assault on male), (v) an offence under any of the following provisions of the Controlled Drugs and Substances Act:(A) section 5 (trafficking), (B) section 6 (importing and exporting), and (C) section 7 (production), (vi) an offence under any of the following provisions of the Food and Drugs Act, as they read immediately before the coming into force of section 64 of the Controlled Drugs and Substances Act:(A) section 39 (trafficking in controlled drugs), (B) section 44.2 (possession of property obtained by trafficking in controlled drugs), (C) section 44.3 (laundering proceeds of trafficking in controlled drugs), (D) section 48 (trafficking in restricted drugs), (E) section 50.2 (possession of property obtained by trafficking in restricted drugs), and (F) section 50.3 (laundering proceeds of trafficking in restricted drugs), and (vii) an offence under any of the following provisions of the Narcotic Control Act, as they read immediately before the coming into force of section 64 of the Controlled Drugs and Substances Act:(A) section 19.1 (possession of property obtained by certain offences), and (B) section 19.2 (laundering proceeds of certain offences).”

June 6, 2006 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

Criminal CodeGovernment Orders

November 3rd, 2006 / 1:10 p.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

Mr. Speaker, I rise on a point of order. I think we are under a House order that was negotiated between the parties that after two hours of debate, the question would be deemed put and passed on division. Could you just check that, please?

Criminal CodeGovernment Orders

November 3rd, 2006 / 1:10 p.m.

The Acting Speaker Royal Galipeau

I thank the hon. the government House leader for his advice but it is very important that the Chair have clear instructions from the House as to what is the intention of the House. I will look for that order now.

Criminal CodeGovernment Orders

November 3rd, 2006 / 1:15 p.m.

The Acting Speaker Royal Galipeau

In response to the point of order raised by the government House leader, I am reading from page 609 of the Journals of November 1. It states:

--and that the time allotted for the report stage of Bill C-9, An Act to amend the Criminal Code (conditional sentence of imprisonment), shall not exceed one hour and the time allotted for the third reading of Bill C-9 shall not exceed two hours.

That is the extent of the order.

If the House wishes to pass it on division, the Chair will agree with that, but the Chair does need a clear instruction from the House.

Is it the pleasure of the House to adopt the motion?

Criminal CodeGovernment Orders

November 3rd, 2006 / 1:15 p.m.

Some hon. members

Agreed.

Criminal CodeGovernment Orders

November 3rd, 2006 / 1:15 p.m.

An hon. member

On division.

Criminal CodeGovernment Orders

November 3rd, 2006 / 1:15 p.m.

The Acting Speaker (Mr. Galipeau) Royal Galipeau

I declare the motion carried.

(Motion agreed to, bill read the third time and passed)

Criminal CodeGovernment Orders

November 3rd, 2006 / 1:15 p.m.

Conservative

Rob Nicholson Conservative Niagara Falls, ON

Mr. Speaker, I rise on a point of order. If we have concluded that matter, I wonder if there would be consent in the House to see the clock at 1:30 p.m., so that we could begin private member's business.

Criminal CodeGovernment Orders

November 3rd, 2006 / 1:15 p.m.

The Acting Speaker Royal Galipeau

Is it agreed?

Criminal CodeGovernment Orders

November 3rd, 2006 / 1:15 p.m.

Some hon. members

Agreed.

Criminal CodeGovernment Orders

November 3rd, 2006 / 1:15 p.m.

The Acting Speaker Royal Galipeau

It being 1:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's Order Paper.