Tackling Violent Crime Act (S.C. 2008, c. 6)
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Assented to 2008-02-28
Tackling Violent Crime Act
S.C. 2008, c. 6
Assented to 2008-02-28
An Act to amend the Criminal Code and to make consequential amendments to other Acts
SUMMARY
This enactment amends the Criminal Code by
(a) creating two new firearm offences and providing escalating mandatory sentences of imprisonment for serious firearm offences;
(b) strengthening the bail provisions for those accused of serious offences involving firearms and other regulated weapons;
(c) providing for more effective sentencing and monitoring of dangerous and high-risk offenders;
(d) introducing a new regime for the detection and investigation of drug impaired driving and strengthening the penalties for impaired driving; and
(e) raising the age of consent for sexual activity from 14 to 16 years.
Preamble
Whereas Canadians are entitled to live in a safe society;
Whereas violence involving firearms continues to threaten the safety of Canadians;
Whereas dangerous and high risk offenders pose a significant threat to the public;
Whereas driving under the influence of drugs or alcohol can result in serious bodily harm and death on Canada’s streets;
Whereas families should be able to raise their children without fear of sexual predators;
Whereas the Parliament of Canada is committed to enacting comprehensive laws to combat violent crime and to protect Canadians while respecting and promoting the values reflected in, and the rights and freedoms guaranteed by, the Canadian Charter of Rights and Freedoms;
And whereas those laws should ensure that violent offenders are kept in prison, should provide those responsible for law enforcement with effective tools to detect and investigate crime, and should better protect young persons from sexual predators;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Tackling Violent Crime Act.
R.S., c. C-46CRIMINAL CODE
2. Section 84 of the Criminal Code is amended by adding the following after subsection (4):
Marginal note:Subsequent offences
(5) In determining, for the purpose of subsection 85(3), 95(2), 99(2), 100(2) or 103(2), 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 section 85, 95, 96, 98, 98.1, 99, 100, 102 or 103 or subsection 117.01(1);
(b) an offence under 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
(6) For the purposes of subsection (5), 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.
Marginal note:2003, c. 8, s. 3
3. (1) Paragraph 85(1)(a) of the Act is replaced by the following:
(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), 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),
Marginal note:1995, c. 39, s. 139
(2) Subsection 85(3) of the Act is amended by adding the word “and” at the end of paragraph (a) and by replacing paragraphs (b) and (c) with the following:
(b) in the case of a second or subsequent offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of three years.
Marginal note:1995, c. 39, s. 139
4. Subsections 91(1) and (2) of the Act are replaced by the following:
Marginal note:Unauthorized possession of firearm
91. (1) Subject to subsections (4) and (5), every person commits an offence who possesses a firearm without being the holder of
(a) a licence under which the person may possess it; and
(b) a registration certificate for the firearm.
Marginal note:Unauthorized possession of prohibited weapon or restricted weapon
(2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, without being the holder of a licence under which the person may possess it.
Marginal note:1995, c. 39, s. 139
5. Subsections 92(1) and (2) of the Act are replaced by the following:
Marginal note:Possession of firearm knowing its possession is unauthorized
92. (1) Subject to subsections (4) and (5), every person commits an offence who possesses a firearm knowing that the person is not the holder of
(a) a licence under which the person may possess it; and
(b) a registration certificate for the firearm.
Marginal note:Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized
(2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition knowing that the person is not the holder of a licence under which the person may possess it.
Marginal note:1995, c. 39, s. 139
6. The portion of subsection 93(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Possession at unauthorized place
93. (1) Subject to subsection (3), every person commits an offence who, being the holder of an authorization or a licence under which the person may possess a firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition, possesses the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition at a place that is
Marginal note:1995, c. 39, s. 139
7. The portion of subsection 94(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Unauthorized possession in motor vehicle
94. (1) Subject to subsections (3) to (5), every person commits an offence who is an occupant of a motor vehicle in which the person knows there is a firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless
Marginal note:1995, c. 39, s. 139
8. (1) The portion of subsection 95(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Possession of prohibited or restricted firearm with ammunition
95. (1) Subject to subsection (3), every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, unless the person is the holder of
Marginal note:1995, c. 39, s. 139
(2) Paragraph 95(2)(a) of the Act is replaced by the following:
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of
(i) in the case of a first offence, three years, and
(ii) in the case of a second or subsequent offence, five years; or
Marginal note:1995, c. 39, s. 139
9. Section 98 of the Act is replaced by the following:
Marginal note:Breaking and entering to steal firearm
98. (1) Every person commits an offence who
(a) breaks and enters a place with intent to steal a firearm located in it;
(b) breaks and enters a place and steals a firearm located in it; or
(c) breaks out of a place after
(i) stealing a firearm located in it, or
(ii) entering the place with intent to steal a firearm located in it.
Definitions of “break” and “place”
(2) In this section, “break” has the same meaning as in section 321, and “place” means any building or structure — or part of one — and any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.
Marginal note:Entrance
(3) For the purposes of this section,
(a) a person enters as soon as any part of his or her body or any part of an instrument that he or she uses is within any thing that is being entered; and
(b) a person is deemed to have broken and entered if he or she
(i) obtained entrance by a threat or an artifice or by collusion with a person within, or
(ii) entered without lawful justification or excuse by a permanent or temporary opening.
Marginal note:Punishment
(4) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life.
Marginal note:Robbery to steal firearm
98.1 Every person who commits a robbery within the meaning of section 343 with intent to steal a firearm or in the course of which he or she steals a firearm commits an indictable offence and is liable to imprisonment for life.
Marginal note:1995, c. 39, s. 139
10. Subsection 99(2) of the Act is replaced by the following:
Marginal note:Punishment — firearm
(2) Every person who commits an offence under subsection (1) where the object in question is a firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of
(a) in the case of a first offence, three years; and
(b) in the case of a second or subsequent offence, five years.
Marginal note:Punishment — other cases
(3) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of one year.
Marginal note:1995, c. 39, s. 139
11. Subsection 100(2) of the Act is replaced by the following:
Marginal note:Punishment — firearm
(2) Every person who commits an offence under subsection (1) where the object in question is a firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of
(a) in the case of a first offence, three years; and
(b) in the case of a second or subsequent offence, five years.
Marginal note:Punishment — other cases
(3) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of one year.
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