An Act to amend the Criminal Code (organized crime and protection of justice system participants) (S.C. 2009, c. 22)

Assented to 2009-06-23

An Act to amend the Criminal Code (organized crime and protection of justice system participants)

S.C. 2009, c. 22

Assented to 2009-06-23

An Act to amend the Criminal Code (organized crime and protection of justice system participants)

SUMMARY

This enactment amends the Criminal Code

(a) to add to the sentencing provisions for murder so that any murder committed in connection with a criminal organization is first degree murder, regardless of whether it is planned and deliberate;

(b) to create offences of intentionally discharging a firearm while being reckless about endangering the life or safety of another person, of assaulting a peace officer with a weapon or causing bodily harm and of aggravated assault of a peace officer; and

(c) to extend the duration of a recognizance to up to two years for a person who it is suspected will commit a criminal organization offence, a terrorism offence or an intimidation offence under section 423.1 if they were previously convicted of such an offence, and to clarify that the recognizance may include conditions such as electronic monitoring, participation in a treatment program and a requirement to remain in a specified geographic area.

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

R.S., c. C-46CRIMINAL CODE

 The Criminal Code is amended by adding the following after section 2:

Marginal note:Further definitions — firearms

2.1 In this Act, ammunition, antique firearm, automatic firearm, cartridge magazine, cross-bow, handgun, imitation firearm, prohibited ammunition, prohibited device, prohibited firearm, prohibited weapon, replica firearm, restricted firearm and restricted weapon, as well as authorization, licence and registration certificate when used in relation to those words and expressions, have the same meaning as in subsection 84(1).

Marginal note:1995, c. 39, s. 139
  •  (1) The portion of subsection 84(1) of the Act before the definition ammunition is replaced by the following:

    Marginal note:Definitions
    • 84. (1) In this Part,

  • Marginal note:2008, c. 6, s. 2

    (2) Paragraph 84(5)(b) of the Act is replaced by the following:

    • (b) an offence under section 244 or 244.2; or

Marginal note:1995, c. 39, s. 139; 2008, c. 6, s. 3

 Subsection 85(1) of the Act is replaced by the following:

Marginal note:Using firearm in commission of offence
  • 85. (1) Every person commits an offence who uses a firearm, whether or not the person causes or means to cause bodily harm to any person as a result of using the firearm,

    • (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), 244.2 (discharging firearm — recklessness), 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);

    • (b) while attempting to commit an indictable offence; or

    • (c) during flight after committing or attempting to commit an indictable offence.

  •  (1) Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (xxxix):

    • (xxxix.1) section 244 (discharging firearm with intent),

    • (xxxix.2) section 244.2 (discharging firearm — recklessness),

  • (2) Paragraph (a) of  the definition offence in section 183 of  the Act is  amended by  adding the following after subparagraph (xliii):

    • (xliii.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm),

    • (xliii.2) section 270.02 (aggravated assault of peace officer),

Marginal note:1997, c. 23, s. 8; 2001, c. 32, ss. 9(1)(F) and (2), c. 41, s. 9

 Subsections 231(6.01) to (6.2) of the Act are replaced by the following:

  • Marginal note:Murder — terrorist activity

    (6.01) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an indictable offence under this or any other Act of Parliament if the act or omission constituting the offence also constitutes a terrorist activity.

  • Marginal note:Murder — criminal organization

    (6.1) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when

    • (a) the death is caused by that person for the benefit of, at the direction of or in association with a criminal organization; or

    • (b) the death is caused by that person while committing or attempting to commit an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of or in association with a criminal organization.

  • Marginal note:Intimidation

    (6.2) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 423.1.

Marginal note:2008, c. 6, s. 16

 Paragraph 239(2)(b) of the Act is replaced by the following:

  • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

Marginal note:2008, c. 6, s. 17

 Paragraph 244(3)(b) of the Act is replaced by the following:

  • (b) an offence under subsection 85(1) or (2) or section 244.2; or

 The Act is amended by adding the following after section 244.1:

Marginal note:Discharging firearm — recklessness
  • 244.2 (1) Every person commits an offence

    • (a) who intentionally discharges a firearm into or at a place, knowing that or being reckless as to whether another person is present in the place; or

    • (b) who intentionally discharges a firearm while being reckless as to the life or safety of another person.

  • Definition of place

    (2) For the purpose of paragraph (1)(a), place means any building or structure — or part of one — or any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.

  • Marginal note:Punishment

    (3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of or in association with a criminal organization, is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of

      • (i) five years, in the case of a first offence, and

      • (ii) seven years, in the case of a second or subsequent offence; and

    • (b) in any other case, is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of four years.

  • Marginal note:Subsequent offences

    (4) In determining, for the purpose of paragraph (3)(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:

    • (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, 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 10 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.

  • Marginal note:Sequence of convictions only

    (5) For the purpose of subsection (4), 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.

 
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