moved:
Motion No. 3
That Bill C-10 be amended by restoring Clause 1 as follows:
“1. Section 84 of the Criminal Code is amended by adding the following after subsection (4):
(5) In determining, for the purposes of any of subsections 85(3), 95(2), 96(2) and 98(4), section 98.1 and subsections 99(2), 100(2), 102(2), 103(2) and 117.01(3), whether a convicted person has committed a second, third 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 ten 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.
(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.”
Pursuant to Standing Order 76(2), notice also received from:
The Minister of Justice and Attorney General of Canada — March 15, 2007
Motion No. 4
That Bill C-10 be amended by restoring Clause 2 as follows:
“2. (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)
(2) Paragraphs 85(3)(b) and (c) of the Act are replaced by the following:
(b) in the case of a second offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years; and
(c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of five years.”
Pursuant to Standing Order 76(2), notice also received from:
The Minister of Justice and Attorney General of Canada — March 15, 2007