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.