About the Mandatory Minimum Sentences for Gun Crimes Bill:
This legislation is part of the Conservative government's priority of tackling crime in Canada. It toughens sentences on gun crimes and increases the mandatory minimum sentences provisions of the Canadian Criminal Code.
Introduction of Mandatory Minimum Sentences for Gun Crimes Bill:
May 4, 2006
Official Title:
An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act
Minister Responsible:
Minister of Justice
Status of Mandatory Minimum Sentences for Gun Crimes Bill:
Committee report tabled on February 21, 2007.
Summary of Mandatory Minimum Sentences for Gun Crimes Bill:
The bill would put in place a system of escalating mandatory minimum sentences for offences in which guns are used and for "non-use" offenses involving guns such as trafficking in and smuggling guns.
Gun Use Offences
The bill would impose tougher mandatory minimum sentences on the following Criminal Code offences if a restricted or prohibited firearm is used or if the offence is committed in connection with a gang.
- attempted murder
- discharging a firearm with intent
- sexual and aggravated sexual assault
- kidnapping
- hostage taking
- robbery
- extortion
The mandatory minimum sentences would be:
- five years (for a first offence)
- seven years (if one prior use conviction)
- 10 years (if more than one prior use conviction)
The bill would also impose tougher mandatory minimum sentences for serious "non-use" offenses involving guns:
- unauthorized possession of a restricted or prohibited firearm with ammunition
- firearms possession for the purpose of trafficking
- making an automatic firearm
- firearms smuggling
- robbery where a firearm is stolen (a new offence)
For these non-use gun offences the mandatory minimum sentences would be:
- three years (for a first offence)
- five years (if one use or serious non-use conviction
The bill also proposes mandatory minimum sentences for
- possession of a firearm obtained by crime
- possession of a firearm contrary to a court order
- breaking and entering and stealing or intending to steal a firearm (new offence)
- using a firearm or imitation firearm in the commission of other offences
The mandatory minimum sentences would be:
- one year (for a first offence)
- three years (if one use or serious non-use conviction)
- five years (if more than one use or serious non-use conviction)
Text of Mandatory Minimum Sentences for Gun Crimes Bill (at first reading)
