C-364 – An Act to amend the Criminal Code (sentencing) – adds some new aggravating factors to be considered when a court is determining a sentence for a crime.

The first new factor to be considered is if the offender carried, used, or threatened to use a weapon when breaking and entering into an occupied home. Note that this is in addition to the consideration that the offender used or threatened to use violence.

The second new consideration is the remoteness of the person or property a crime is committed against. If there’s a long wait time for emergency services (police, ambulance, etc) where the crime was committed then that can be a factor for stricter punishments.

Finally, when giving credit for time already spent in custody leading up to the sentencing the court will be expected to consider the reason the person was held in custody in the first place. (So the reason someone is denied bail would help decide if their sentence should be reduced for the time they already spent in jail)


Progress

C-364 is currently outside of the Order of Precedence.

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