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[37] Bill 66 Original (PDF)

Bill 66

Bill 662000

An Act to make Ontario judges

more accountable and to provide

for recommendations from the

Legislative Assembly for appointments

to the Supreme Court of Canada

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Records of sentences

1. (1)This section applies to the Superior Court of Justice and the Ontario Court of Justice.

Registrar to keep record

(2)The Local Registrar or Clerk of a court shall keep a record with respect to all sentences imposed at the court when,

(a)an accused does not plead guilty to the offence for which the accused is sentenced; and

(b)the accused is sentenced after being found guilty of an offence for which the maximum punishment is imprisonment for five years or more.

Content of record

(3)The record referred to in subsection (2) shall include the following information:

1.The court.

2.The name of the judge.

3.The offence for which the accused is sentenced.

4.The maximum punishment for the offence.

5.The sentence imposed by the judge.

6.If the judge gave written reasons, any mitigating circumstances set out in them which the judge said in the reasons resulted in a lower sentence.

Records to Attorney General

(4)Within 30 days after the end of each calendar year, each Local Registrar and Clerk shall provide to the Attorney General a copy of each record referred to in subsection (3) of sentences imposed in that year, and the Attorney General shall table the records at the beginning of the next session of the Legislative Assembly.

Appointments to the Supreme Court of Canada

2. At any time the Legislature may by resolution recommend to the Governor in Council of Canada that a specified person be appointed to the Supreme Court of Canada.

Commencement

3.(1)Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

(2)Section 1 comes into force 90 days after the day this Act receives Royal Assent.

Short title

4.The short title of this Act is the Judicial Accountability Act, 2000.

EXPLANATORY NOTE

The Bill requires the Local Registrars and Clerks of the Superior Court of Justice and the Ontario Court of Justice to keep specified records of the sentences imposed in those courts in certain circumstances. Every year the Local Registrars and Clerks must provide these records to the Attorney General, who must table them at the next session of the Legislative Assembly.

The Bill also provides that the Legislature may recommend to the Governor in Council of Canada that a specified person be appointed to the Supreme Court of Canada.