An Act to amend the Criminal Code (street racing) and to make a consequential amendment to the Corrections and Conditional Release Act (S.C. 2006, c. 14)
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Assented to 2006-12-14
An Act to amend the Criminal Code (street racing) and to make a consequential amendment to the Corrections and Conditional Release Act
S.C. 2006, c. 14
Assented to 2006-12-14
An Act to amend the Criminal Code (street racing) and to make a consequential amendment to the Corrections and Conditional Release Act
SUMMARY
This enactment amends the Criminal Code to create an offence of street racing based on dangerous driving and criminal negligence offences.
This enactment increases, in street racing situations, the maximum punishments for some offences and also provides for minimum prohibitions on driving that increase on a second and subsequent offence.
This enactment also makes a consequential amendment to the Corrections and Conditional Release Act.
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
1. Section 2 of the Criminal Code is amended by adding the following in alphabetical order:
“street racing”
« course de rue »
“street racing” means operating a motor vehicle in a race with at least one other motor vehicle on a street, road, highway or other public place;
2. The Act is amended by adding the following after section 249.1:
Marginal note:Causing death by criminal negligence (street racing)
249.2 Everyone who by criminal negligence causes death to another person while street racing is guilty of an indictable offence and liable to imprisonment for life.
Marginal note:Causing bodily harm by criminal negligence (street racing)
249.3 Everyone who by criminal negligence causes bodily harm to another person while street racing is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Marginal note:Dangerous operation of motor vehicle while street racing
249.4 (1) Everyone commits an offence who, while street racing, operates a motor vehicle in a manner described in paragraph 249(1)(a).
Marginal note:Punishment
(2) Everyone who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:Dangerous operation causing bodily harm
(3) Everyone who commits an offence under subsection (1) and thereby causes bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Marginal note:Dangerous operation causing death
(4) Everyone who commits an offence under subsection (1) and thereby causes the death of another person is guilty of an indictable offence and liable to imprisonment for life.
Marginal note:1999, c. 32, s. 5(1)
3. (1) The portion of subsection 259(1) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Ordonnance d’interdiction obligatoire
259. (1) Lorsqu’un contrevenant est déclaré coupable d’une infraction prévue à l’article 253 ou 254 ou absous sous le régime de l’article 730 d’une infraction prévue à l’article 253 et qu’au moment de l’infraction, ou dans les trois heures qui la précèdent dans le cas d’une infraction prévue à l’article 254, il conduisait ou avait la garde ou le contrôle d’un véhicule à moteur, d’un bateau, d’un aéronef ou de matériel ferroviaire, ou aidait à la conduite d’un aéronef ou de matériel ferroviaire, le tribunal qui lui inflige une peine doit, en plus de toute autre peine applicable à cette infraction, rendre une ordonnance lui interdisant de conduire un véhicule à moteur dans une rue, un chemin ou une grande route ou tout autre lieu public, un bateau, un aéronef ou du matériel ferroviaire :
(2) Section 259 of the Act is amended by adding the following after subsection (3):
Marginal note:Mandatory order of prohibition — street racing
(3.1) When an offender is convicted or discharged under section 730 of an offence committed under subsection 249.4(1), the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place
(a) for a first offence, during a period of not more than three years plus any period to which the offender is sentenced to imprisonment, and not less than one year;
(b) for a second offence, during a period of not more than five years plus any period to which the offender is sentenced to imprisonment, and not less than two years; and
(c) for each subsequent offence, during a period of not less than three years plus any period to which the offender is sentenced to imprisonment.
Marginal note:Mandatory order of prohibition — bodily harm
(3.2) When an offender is convicted or discharged under section 730 of an offence committed under section 249.3 or subsection 249.4(3), the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place
(a) for a first offence, during a period of not more than ten years plus any period to which the offender is sentenced to imprisonment, and not less than one year;
(b) for a second offence, during a period of not more than ten years plus any period to which the offender is sentenced to imprisonment, and not less than two years; and
(c) for each subsequent offence, during a period of not less than three years plus any period to which the offender is sentenced to imprisonment.
Marginal note:Mandatory order of prohibition — death
(3.3) When an offender is convicted or discharged under section 730 of a first offence committed under section 249.2 or subsection 249.4(4), the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place
(a) for an offence under section 249.2, during a period of not less than one year plus any period to which the offender is sentenced to imprisonment; and
(b) for an offence under subsection 249.4(4), during a period of not more than ten years plus any period to which the offender is sentenced to imprisonment, and not less than one year.
Marginal note:Mandatory life prohibition
(3.4) When an offender is convicted or discharged under section 730 of an offence committed under section 249.2 or 249.3 or subsection 249.4(3) or (4), the offender has previously been convicted or discharged under section 730 of one of those offences and at least one of the convictions or discharges is under section 249.2 or subsection 249.4(4), the court that sentences the offender shall make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place for life.
Marginal note:R.S., c. 27 (1st Supp.), s. 36, c. 1 (4th Supp.), s. 18 (Sch. I, item 9)(F), c. 32 (4th Supp.), s. 62(4); 1995, c. 22, s. 18 (Sch. IV, item 26)
(3) Subsection 259(5) of the Act is replaced by the following:
Definition of “disqualification”
(5) For the purposes of this section, “disqualification” means
(a) a prohibition from operating a motor vehicle, vessel or aircraft or any railway equipment ordered pursuant to any of subsections (1), (2) and (3.1) to (3.4); or
(b) a disqualification or any other form of legal restriction of the right or privilege to operate a motor vehicle, vessel or aircraft imposed
(i) in the case of a motor vehicle, under the law of a province, or
(ii) in the case of a vessel or an aircraft, under an Act of Parliament,
in respect of a conviction or discharge under section 730 of any offence referred to in any of subsections (1), (2) and (3.1) to (3.4).
Marginal note:R.S., c. 27 (1st Supp.), s. 36
4. The portion of subsection 260(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Proceedings on making of prohibition order
260. (1) If a court makes a prohibition order under section 259 in relation to an offender, it shall cause
Marginal note:1997, c. 18, s. 12 and par. 141(a)
5. Section 261 of the Act is replaced by the following:
Marginal note:Stay of order pending appeal
261. (1) If an appeal is taken against a conviction or discharge under section 730 for an offence committed under any of sections 220, 221, 236, 249 to 255 and 259, a judge of the court being appealed to may direct that any prohibition order under section 259 arising out of the conviction or discharge shall, on any conditions that the judge or court may impose, be stayed pending the final disposition of the appeal or until otherwise ordered by that court.
Marginal note:Effect of conditions
(2) If conditions are imposed under a direction made under subsection (1) that the prohibition order be stayed, the direction shall not operate to decrease the period of prohibition provided in the order.
Marginal note:2005, c. 22, s. 38
6. Paragraph (b) of the definition “sentence” in section 673 of the Act is replaced by the following:
(b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 259, 261 or 462.37, subsection 491.1(2), 730(1) or 737(3) or (5) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5,
Marginal note:2002, c. 13, s. 78
7. Paragraph (b) of the definition “sentence” in section 785 of the Act is replaced by the following:
(b) an order made under subsection 109(1) or 110(1), section 259 or 261, subsection 730(1) or 737(3) or (5) or section 738, 739, 742.1 or 742.3,
1992, c. 20CONSEQUENTIAL AMENDMENT TO THE CORRECTIONS AND CONDITIONAL RELEASE ACT
8. The portion of section 109 of the Corrections and Conditional Release Act before paragraph (a) is replaced by the following:
Marginal note:Prohibition orders re vehicles, etc.
109. The Board may, on application, cancel or vary the unexpired portion of a prohibition order made under section 259 of the Criminal Code after a period of
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