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Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act (S.C. 2011, c. 5)

Assented to 2011-03-23

Marginal note:R.S., c. N-5

NATIONAL DEFENCE ACT

Marginal note:1998, c. 35, s. 36

6. Paragraph 140.3(2)(a) of the National Defence Act is replaced by the following:

  • (a) a reference in sections 745.2 to 745.3 of the Criminal Code to a jury is deemed to be a reference to the panel of a General Court Martial; and

7. Section 149 of the Act is replaced by the following:

Marginal note:Concurrent punishment

149. Where a person is under a sentence imposed by a service tribunal that includes a punishment involving incarceration and another service tribunal subsequently passes a new sentence that also includes a punishment involving incarceration, both punishments of incarceration shall, subject to section 745.51 of the Criminal Code, after the date of the pronouncement of the new sentence, run concurrently but the punishment higher in the scale of punishments shall be served first.

8. Section 230 of the Act is amended by adding the following after paragraph (a):

  • (a.1) the decision to make an order under subsection 745.51(1) of the Criminal Code;

9. Section 230.1 of the Act is amended by adding the following after paragraph (a):

  • (a.1) the decision not to make an order under subsection 745.51(1) of the Criminal Code;

COORDINATING AMENDMENTS

Marginal note:Bill C-41

  • 10. (1) Subsections (2) to (4) apply if Bill C-41, introduced in the 3rd session of the 40th Parliament and entitled the Strengthening Military Justice in the Defence of Canada Act (in this section referred to as the “other Act”), receives royal assent.

  • (2) If section 68 of the other Act comes into force before section 6 of this Act, then that section 6 is replaced by the following:

    6. Paragraph 226.1(2)(a) of the National Defence Act is replaced by the following:

    • (a) a reference in sections 745.2 to 745.3 of the Criminal Code to a jury shall be read as a reference to the panel of a General Court Martial; and

  • (3) If section 6 of this Act comes into force before section 68 of the other Act, then, on the day on which that section 68 comes into force, paragraph 226.1(2)(a) of the National Defence Act is replaced by the following:

    • (a) a reference in sections 745.2 to 745.3 of the Criminal Code to a jury shall be read as a reference to the panel of a General Court Martial; and

  • (4) If section 68 of the other Act comes into force on the same day as section 6 of this Act, then that section 6 is deemed to have come into force before that section 68 and subsection (3) applies as a consequence.