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Senate Bill

Bill S-267

44th Parl. 1st Sess.
June 13, 2023
An Act to amend the Criminal Code (aggravating circumstance — evacuation order or emergency)
  • This bill amends the Criminal Code to make it an aggravating circumstance for sentencing purposes if someone takes advantage of a place that is under an evacuation order or experiencing a natural disaster or emergency to commit an offense. In simpler terms, if someone commits a crime during a time when people are being evacuated or during a natural disaster, the punishment will be more severe. The bill was introduced in June 2023 by Senator Ataullahjan and is available on the Senate of Canada website.
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First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022-2023

SENATE OF CANADA

BILL S-267
An Act to amend the Criminal Code (aggravating circumstance — evacuation order or emergency)
FIRST READING, June 13, 2023

THE HONOURABLE SENATOR ATAULLAHJAN
4412211


SUMMARY

This enactment amends the Criminal Code to provide that taking advantage of the fact that a place is under an evacuation order or is experiencing a natural disaster or emergency is to be considered an aggravating circumstance for sentencing purposes.

Available on the Senate of Canada website at the following address:
www.sencanada.ca/en


1st Session, 44th Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022-2023

SENATE OF CANADA

BILL S-267

An Act to amend the Criminal Code (aggravating circumstance — evacuation order or emergency)

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.‍S.‍, c. C-46

Criminal Code

1 Paragraph 718.‍‍2(a) of the Criminal Code is amended by adding the following after subparagraph (iii.‍‍2):

  • Start of inserted block

    (iii.‍3) evidence that the offender, in committing the offence, took advantage of the fact that the place where the offence was committed was under a lawful evacuation order or was experiencing a natural disaster or other emergency,

    End of inserted block
Published under authority of the Senate of Canada


EXPLANATORY NOTES

Criminal Code
Clause 1: Text of relevant portion of section 718.‍2:

718.‍2 A court that imposes a sentence shall also take into consideration the following principles:

  • (a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing,

    • . . .