Safe Streets and Communities Act (S.C. 2012, c. 1)
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Assented to 2012-03-13
PART 2SENTENCING
R.S., c. C-46Criminal Code
Marginal note:2004, c. 10, s. 20
31. Subparagraph (a)(x) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:
(ix.1) section 171.1 (making sexually explicit material available to child),
(x) section 172.1 (luring a child),
(x.1) section 172.2 (agreement or arrangement — sexual offence against child),
Marginal note:2001, c. 41, s. 133(15)
32. (1) Paragraph 515(4.1)(c) of the Act is replaced by the following:
(c) an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act,
Marginal note:1999, c. 5, s. 21
(2) Paragraph 515(6)(d) of the Act is replaced by the following:
(d) with having committed an offence punishable by imprisonment for life under any of sections 5 to 7 of the Controlled Drugs and Substances Act or the offence of conspiring to commit such an offence.
Marginal note:1996, c. 19, s. 72
33. Subparagraph 553(c)(xi) of the Act is replaced by the following:
(xi) paragraph 5(3)(a.1) of the Controlled Drugs and Substances Act.
Marginal note:2007, c. 12, s. 1
34. Section 742.1 of the Act is replaced by the following:
Marginal note:Imposing of conditional sentence
742.1 If a person is convicted of an offence and the court imposes a sentence of imprisonment of less than two years, the court may, for the purpose of supervising the offender’s behaviour in the community, order that the offender serve the sentence in the community, subject to the conditions imposed under section 742.3, if
(a) the court is satisfied that the service of the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.2;
(b) the offence is not an offence punishable by a minimum term of imprisonment;
(c) the offence is not an offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 14 years or life;
(d) the offence is not a terrorism offence, or a criminal organization offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years or more;
(e) the offence is not an offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years, that
(i) resulted in bodily harm,
(ii) involved the import, export, trafficking or production of drugs, or
(iii) involved the use of a weapon; and
(f) the offence is not an offence, prosecuted by way of indictment, under any of the following provisions:
(i) section 144 (prison breach),
(ii) section 264 (criminal harassment),
(iii) section 271 (sexual assault),
(iv) section 279 (kidnapping),
(v) section 279.02 (trafficking in persons — material benefit),
(vi) section 281 (abduction of person under fourteen),
(vii) section 333.1 (motor vehicle theft),
(viii) paragraph 334(a) (theft over $5000),
(ix) paragraph 348(1)(e) (breaking and entering a place other than a dwelling-house),
(x) section 349 (being unlawfully in a dwelling-house), and
(xi) section 435 (arson for fraudulent purpose).
Marginal note:2008, c. 6, s. 40
35. Subparagraph (b)(x) of the definition “designated offence” in section 752 of the Act is replaced by the following:
(ix.1) section 172.2 (agreement or arrangement — sexual offence against child),
(x) subsection 212(1) (procuring),
(x.1) subsection 212(2) (living on avails of prostitution of person under eighteen),
Marginal note:2002, c. 13, s. 76
36. Paragraph 753.1(2)(a) of the Act is replaced by the following:
(a) the offender has been convicted of an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 163.1(2) (making child pornography), 163.1(3) (distribution, etc., of child pornography), 163.1(4) (possession of child pornography) or 163.1(4.1) (accessing child pornography), section 170 (parent or guardian procuring sexual activity), 171 (householder permitting sexual activity), 171.1 (making sexually explicit material available to child), 172.1 (luring a child) or 172.2 (agreement or arrangement — sexual offence against child), subsection 173(2) (exposure), 212(2) (living on the avails of prostitution of person under eighteen), 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years) or 212(4) (offence — prostitution of person under eighteen) or section 271 (sexual assault), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and
37. (1) Subsection 810.1(1) of the Act is amended by replacing
(a) “151, 152, 155” with “151 or 152, subsection 153(1), section 155”;
(b) “171 or 172.1” with “171, 171.1, 172.1 or 172.2”;
(c) “173(2)” with “173(2) or 212(1), (2), (2.1) or (4)”; and
(d) “272 or 273” with “272, 273, 280 or 281”.
Marginal note:2008, c. 6, par. 62(2)(b)
(2) Paragraph 810.1(3.02)(a) of the Act is replaced by the following:
(a) prohibit the defendant from having any contact — including communicating by any means — with a person under the age of 16 years, unless the defendant does so under the supervision of a person whom the judge considers appropriate;
(a.1) prohibit the defendant from using the Internet or other digital network, unless the defendant does so in accordance with conditions set by the judge;
Marginal note:2007, c. 22, s. 23
38. Subparagraph (b)(iii) of Form 5.04 in Part XXVIII of the Act is replaced by the following:
[ ] (iii) an offence under any of sections 145 to 148, subsection 160(3), sections 170, 171.1, 173, 252, 264, 264.1, 266 and 270, paragraph 348(1)(e) and sections 349 and 423 of the Criminal Code,
1996, c. 19Controlled Drugs and Substances Act
39. (1) Paragraph 5(3)(a) of the Controlled Drugs and Substances Act is replaced by the following:
(a) subject to paragraph (a.1), if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life, and
(i) to a minimum punishment of imprisonment for a term of one year if
(A) the person committed the offence for the benefit of, at the direction of or in association with a criminal organization, as defined in subsection 467.1(1) of the Criminal Code,
(B) the person used or threatened to use violence in committing the offence,
(C) the person carried, used or threatened to use a weapon in committing the offence, or
(D) the person was convicted of a designated substance offence, or had served a term of imprisonment for a designated substance offence, within the previous 10 years, or
(ii) to a minimum punishment of imprisonment for a term of two years if
(A) the person committed the offence in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years,
(B) the person committed the offence in a prison, as defined in section 2 of the Criminal Code, or on its grounds, or
(C) the person used the services of a person under the age of 18 years, or involved such a person, in committing the offence;
(a.1) if the subject matter of the offence is a substance included in Schedule II in an amount that is not more than the amount set out for that substance in Schedule VII, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years less a day;
(2) Subsections 5(4) to (6) of the Act are replaced by the following:
Marginal note:Interpretation
(5) For the purposes of applying subsection (3) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III or IV includes a reference to any substance represented or held out to be a substance included in that Schedule.
Marginal note:Interpretation
(6) For the purposes of paragraph (3)(a.1) and Schedule VII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.
40. Paragraph 6(3)(a) of the Act is replaced by the following:
(a) if the subject matter of the offence is a substance included in Schedule I in an amount that is not more than one kilogram, or in Schedule II, is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment for a term of one year if
(i) the offence is committed for the purposes of trafficking,
(ii) the person, while committing the offence, abused a position of trust or authority, or
(iii) the person had access to an area that is restricted to authorized persons and used that access to commit the offence;
(a.1) if the subject matter of the offence is a substance included in Schedule I in an amount that is more than one kilogram, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of two years;
41. (1) Paragraphs 7(2)(a) and (b) of the Act are replaced by the following:
(a) if the subject matter of the offence is a substance included in Schedule I, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of three years if any of the factors set out in subsection (3) apply and for a term of two years in any other case;
(a.1) if the subject matter of the offence is a substance included in Schedule II, other than cannabis (marijuana), is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment
(i) for a term of one year if the production is for the purpose of trafficking, or
(ii) for a term of 18 months if the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply;
(b) if the subject matter of the offence is cannabis (marijuana), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, and to a minimum punishment of
(i) imprisonment for a term of six months if the number of plants produced is less than 201 and more than five, and the production is for the purpose of trafficking,
(ii) imprisonment for a term of nine months if the number of plants produced is less than 201 and more than five, the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply,
(iii) imprisonment for a term of one year if the number of plants produced is more than 200 and less than 501,
(iv) imprisonment for a term of 18 months if the number of plants produced is more than 200 and less than 501 and any of the factors set out in subsection (3) apply,
(v) imprisonment for a term of two years if the number of plants produced is more than 500, or
(vi) imprisonment for a term of three years if the number of plants produced is more than 500 and any of the factors set out in subsection (3) apply;
(2) Section 7 of the Act is amended by adding the following after subsection (2):
Marginal note:Factors
(3) The following factors must be taken into account in applying paragraphs (2)(a) to (b):
(a) the person used real property that belongs to a third party in committing the offence;
(b) the production constituted a potential security, health or safety hazard to persons under the age of 18 years who were in the location where the offence was committed or in the immediate area;
(c) the production constituted a potential public safety hazard in a residential area; or
(d) the person set or placed a trap, device or other thing that is likely to cause death or bodily harm to another person in the location where the offence was committed or in the immediate area, or permitted such a trap, device or other thing to remain or be placed in that location or area.
42. The Act is amended by adding the following after section 7:
Notice
Marginal note:Notice
8. The court is not required to impose a minimum punishment unless it is satisfied that the offender, before entering a plea, was notified of the possible imposition of a minimum punishment for the offence in question and of the Attorney General’s intention to prove any factors in relation to the offence that would lead to the imposition of a minimum punishment.
Report to Parliament
Marginal note:Review
9. (1) Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act, including a cost-benefit analysis of mandatory minimum sentences, shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.
Marginal note:Report
(2) The committee referred to in subsection (1) shall, within one year after a review is undertaken under that subsection, submit a report to Parliament including a statement of any changes that the committee recommends.
Marginal note:1999, c. 5, s. 49(1)
43. (1) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Factors to take into consideration
(2) If a person is convicted of a designated substance offence for which the court is not required to impose a minimum punishment, the court imposing sentence on the person shall consider any relevant aggravating factors including that the person
(2) Section 10 of the Act is amended by adding the following after subsection (3):
Marginal note:Drug treatment court program
(4) A court sentencing a person who is convicted of an offence under this Part may delay sentencing to enable the offender
(a) to participate in a drug treatment court program approved by the Attorney General; or
(b) to attend a treatment program under subsection 720(2) of the Criminal Code.
Marginal note:Minimum punishment
(5) If the offender successfully completes a program under subsection (4), the court is not required to impose the minimum punishment for the offence for which the person was convicted.
44. Schedule I to the Act is amended by adding the following after item 18:
- 19.Amphetamines, their salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues including:
- (1)amphetamine (α-methylbenzene-ethanamine)
- (2)N-ethylamphetamine (N-ethyl-α-methylbenzeneethanamine)
- (3)4-methyl-2,5-dimethoxyamphetamine (STP) (2,5-dimethoxy-4,α-dimethylbenzeneethanamine)
- (4)3,4-methylenedioxyamphetamine (MDA) (α-methyl-1,3-benzodioxole-5-ethanamine)
- (5)2,5-dimethoxyamphetamine (2,5-dimethoxy-α-methylbenzene-ethanamine)
- (6)4-methoxyamphetamine (4-methoxy-α-methylbenzeneethanamine)
- (7)2,4,5-trimethoxyamphetamine (2,4,5-trimethoxy-α-methylbenzeneethanamine)
- (8)N-methyl-3,4-methylenedioxy- amphetamine (N,α-dimethyl-1,3-benzodioxole-5-ethanamine)
- (9)4-ethoxy-2,5-dimethoxyamphetamine (4-ethoxy-2,5-dimethoxy-α-methylbenzeneethanamine)
- (10)5-methoxy-3,4-methylenedioxy- amphetamine (7-methoxy-α-methyl-1,3-benzodioxole-5-ethanamine)
- (11)N,N-dimethyl-3,4-methylenedioxyamphetamine (N,N, α-trimethyl-1,3-benzodioxole-5-ethanamine)
- (12)N-ethyl-3,4-methylenedioxyamphetamine (N-ethyl-α-methyl-1,3-benzodioxole-5-ethanamine)
- (13)4-ethyl-2,5-dimethoxyamphetamine (DOET) (4-ethyl-2,5-dimethoxy-α-methylbenzeneethanamine)
- (14)4-bromo-2,5-dimethoxyamphetamine (4-bromo-2,5-dimethoxy-α-methylbenzeneethanamine)
- (15)4-chloro-2,5-dimethoxyamphetamine (4-chloro-2,5-dimethoxy-α-methyl-benzeneethanamine)
- (16)4-ethoxyamphetamine (4-ethoxy-α-methylbenzeneethanamine)
- (17)Benzphetamine (N-benzyl-N,α-dimethylbenzeneethanamine)
- (18)N-Propyl-3,4-methylenedioxy- amphetamine (α-methyl-N-propyl-1,3-benzodioxole-5-ethanamine)
- (19)N-(2-Hydroxyethyl)-α-meth-ylbenzeneethanamine
- (20)N-hydroxy-3,4-methylenedioxy- amphetamine (N-[α-methyl-3,4-(methylenedioxy)phenethyl]hydroxylamine)
- (21)3,4,5-trimethoxyamphetamine (3,4,5-trimethoxy-α-methylbenzeneethanamine)
- 20.Flunitrazepam (5-(o-fluorophenyl)-1,3-dihydro-1-methyl-7-nitro-2H-1,4-benzodiazepin-2-one) and any of its salts or derivatives
- 21.4-hydroxybutanoic acid (GHB) and any of its salts
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