ACT TO AMEND THE CRIMINAL CODE IN RELATION TO THE PUNISHMENT FOR MURDER AND CERTAIN OTHER SERIOUS OFFENCES, 1ST SESSION, 30TH PARLIAMENT, C-84, JULY 14, 1976 CANADA

• NCJ Number: 54596
• Author(s): ANON
• Date Published: 1976
• Length: 18 pages
• Corporate Author: Queen's Printer for Canada
• Sale Source: Canada Ministry of Supply and Services
• Language: French; English
• Country: Canada
• Note: BILL C-84 OF THE HOUSE OF COMMONS

Annotation

REVISIONS MADE TO THE CRIMINAL CODE IN CANADA FOR THE PUNISHMENT OF SERIOUS CRIMES SUCH AS MURDER ARE NOTED, WITH CONSIDERATION GIVEN TO REVISIONS PERTINENT TO LIFE IMPRISONMENT.

Abstract

THE CRIMINAL CODE REVISIONS WERE PASSED BY THE CANADIAN HOUSE OF COMMONS IN JULY 1976 AND ARE TERMED THE CRIMINAL LAW AMENDMENT ACT. THEY FOCUS ON THE CRIME OF HIGH TREASON, PUNISHABLE BY LIFE IMPRISONMENT, AND ON FIRST-DEGREE AND SECOND-DEGREE MURDER, ALSO PUNISHABLE BY LIFE IMPRISONMENT. MURDER IN THE FIRST DEGREE IS PLANNED AND DELIBERATE. NO PERSON CAN BE CONVICTED FOR HIGH TREASON OR FIRST-DEGREE MURDER UNLESS HE OR SHE IS CHARGED IN THE INDICTMENT WITH THAT PARTICULAR OFFENSE. WHEN AN ACCUSED REFUSES TO PLEAD IN RESPONSE TO THE CHARGE, THE COURT MUST ORDER THE CLERK TO ENTER A PLEA OF NOT GUILTY. ACCUSED PERSONS ARE NOT ENTITLED TO HAVE THEIR TRIAL POSTPONED, BUT THE COURT MAY ALLOW FOR MORE TIME TO PLEAD OR PREPARE FOR DEFENSE AND ADJOURN THE TRIAL TO A LATER DATE. AN ACCUSED PERSON CHARGED WITH HIGH TREASON OR FIRST-DEGREE MURDER IS ENTITLED TO CHALLENGE 20 JURORS PEREMPTORILY. AN ACCUSED PERSON CHARGED WITH AN OFFENSE OTHER THAN HIGH TREASON OR FIRST-DEGREE MURDER IS ENTITLED TO CHALLENGE 12 JURORS PEREMPTORILY. AN INDIVIDUAL WHO HAS BEEN CONVICTED OF SECOND-DEGREE MURDER AND SENTENCED TO LIFE IMPRISONMENT WITHOUT ELIGIBILITY FOR PAROLE FOR A SPECIFIED NUMBERS YEARS IN EXCESS OF 10 MAY APPEAL. IN SOME CASES, WHERE PUNISHMENT IS NOT PRESCRIBED BY LAW, THE COURT CAN ORDER THAT THE ACCUSED BE DISCHARGED ABSOLUTELY OR UPON CONDITIONS STIPULATED IN A PROBATION ORDER. REMARKS ABOUT LIFE IMPRISONMENT CONCERN RECOMMENDATIONS BY THE JURY, INELIGIBILITY FOR PAROLE, APPLICATION FOR JUDICIAL REVIEW AND THE JUDICIAL HEARING, RENEWAL OF JUDICIAL APPLICATION, REDUCTION IN YEARS OF IMPRISONMENT, COURT RULINGS, ACTIONS THAT CAN BE TAKEN AT THE TERRITORIAL LEVEL, TIME SPENT IN CUSTODY, PROHIBITION OF PAROLE, TEMPORARY ABSENCE OR DAY PAROLE, AND PUBLIC OFFICE VACATED ON PAROLE. TRANSITIONAL ASPECTS OF THE REVISIONS ARE DISCUSSED, INCLUDING PENDING DEATH SENTENCES, AUTOMATIC COMMUTATION OF THE DEATH PENALTY, AND CAPITAL OFFENSES. LEGISLATION AFFECTED BY THE REVISIONS ARE OUTLINED IN AN ANNEX. (DEP)