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55. (1) Paragraph 140(1)(b) of the English
version of the Act is replaced by the
following:
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(2) Paragraph 140(1)(c) of the Act is
replaced by the following:
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(3) The portion of subsection 140(4) of the
Act before paragraph (a) is replaced by the
following:
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Attendance of
observers
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(4) Subject to subsection (5), the Board or
a person designated, by name or by position,
by the Chairperson of the Board shall, subject
to such conditions as the Board or person
considers appropriate and after taking into
account the offender's views, permit a person
who applies in writing therefor to attend as an
observer at a hearing relating to an offender,
unless the Board or person is satisfied that
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(4) Paragraph 140(4)(c) of the French
version of the Act is replaced by the
following:
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(5) Subsection 140(9) of the French
version of the Act is replaced by the
following:
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Droit à
l'interprète
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(9) Le délinquant qui ne comprend de façon
satisfaisante aucune des deux langues
officielles du Canada a droit à l'assistance
d'un interprète pour l'audience et pour la
compréhension des documents que lui
transmet la Commission aux termes du
paragraphe 141(1) ou de l'alinéa 143(2)b).
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56. Subsection 141(4) of the French
version of the Act is replaced by the
following:
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Exceptions
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(4) La Commission peut, dans la mesure
jugée strictement nécessaire toutefois, refuser
la communication de renseignements au
délinquant si elle a des motifs raisonnables de
croire que cette communication irait à
l'encontre de l'intérêt public, mettrait en
danger la sécurité d'une personne ou du
pénitencier ou compromettrait la tenue d'une
enquête licite.
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57. (1) The portion of paragraph
142(1)(b) of the English version of the Act
before subparagraph (i) is replaced by the
following:
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(2) Subparagraph 142(1)(b)(viii) of the
French version of the Act is replaced by the
following:
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(3) Section 142 of the Act is amended by
adding the following after subsection (4):
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Designation
by
Chairperson
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(5) In this section, ``Chairperson'' includes
a person or class of persons designated by the
Chairperson.
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58. Subsection 151(3) of the French
version of the Act is replaced by the
following:
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Directives
égalitaires
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(3) Les directives établies en vertu du
paragraphe (2) doivent respecter les
différences ethniques, culturelles et
linguistiques, ainsi qu'entre les sexes, et tenir
compte des besoins propres aux femmes, aux
autochtones et à d'autres groupes particuliers.
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59. The Act is amended by adding the
following after section 155:
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Inquiries
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155.1 (1) The Chairperson may recommend
to the Minister that an inquiry be held to
determine whether any member of the Board
should be subject to any disciplinary or
remedial measures for any reason set out in
any of paragraphs 155.2(2)(a) to (d).
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Judge to
conduct
inquiry
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(2) Where the Minister considers it
appropriate that an inquiry under this section
be held, a judge, supernumerary judge or
former judge of the Federal Court, in this
section and section 155.2 referred to as a
``judge'', shall conduct the inquiry.
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Powers
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(3) A judge conducting an inquiry under
this section has all the powers, rights and
privileges that are vested in a superior court
and, without restricting the generality of the
foregoing, has the power
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Inquiry public
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(4) Subject to subsections (5) and (6), an
inquiry under this section shall be conducted
in public.
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Confidentialit
y
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(5) A judge conducting an inquiry under
this section may, on application, take any
measures or make any order that the judge
considers necessary to ensure the
confidentiality of the inquiry where the judge
is satisfied that, during the inquiry or as a
result of the inquiry being conducted in
public, as the case may be,
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Idem
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(6) Where a judge conducting an inquiry
under this section considers it appropriate to
do so, the judge may take any measures or
make any order that the judge considers
necessary to ensure the confidentiality of any
hearing held in respect of an application
referred to in subsection (5).
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Rules of
evidence
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(7) A judge conducting an inquiry under
this section is not bound by any legal or
technical rules of evidence and, in any
proceedings of the inquiry, the judge may
receive and base a decision on evidence
adduced in the proceedings and considered
credible or trustworthy in the circumstances of
the case.
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Right to grant
standing
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(8) A judge conducting an inquiry under
this section may grant standing to the hearing
to any party where the judge determines such
an order to be appropriate.
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Right to be
heard
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(9) Every person in respect of whom an
inquiry under this section is conducted shall
be given reasonable notice of the
subject-matter of the inquiry and of the time
and place of any hearing thereof and shall be
given an opportunity, in person or by counsel,
to be heard at the hearing, to cross-examine
witnesses and to adduce evidence.
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Report of
inquiry
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155.2 (1) After an inquiry under section
155.1 has been completed, the judge who
conducted the inquiry shall prepare a report of
the conclusions of the inquiry and submit it to
the Minister.
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Recommendat
ions
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(2) Where an inquiry under section 155.1
has been held and, in the opinion of the judge
who conducted the inquiry, the member of the
Board in respect of whom the inquiry was held
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the judge may, in the report of the inquiry,
recommend that the member be suspended
without pay or be removed from office or may
recommend that such disciplinary or remedial
measure as the judge considers necessary be
taken.
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Governor in
Council may
suspend or
remove
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(3) Where the Minister receives a report
under subsection (1), the Minister shall send a
copy of the report to the Governor in Council,
who may suspend the member of the Board to
whom the report relates without pay, remove
the member from office or take any other
disciplinary or remedial measure.
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60. Subsection 156(3) of the Act is
replaced by the following:
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Regulations
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(3) The Governor in Council may, by
regulation, amend Schedule I or II.
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Idem
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(4) The Governor in Council may make
regulations respecting the method of
determining
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61. Section 204 of the Act is repealed.
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62. Subsection 225(1) of the Act is
replaced by the following:
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Day parole
eligibility of
past offenders
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225. (1) Subject to subsection (1.1),
paragraph 119(1)(c) does not apply in
respect of an offender who is serving a
sentence imposed before November 1, 1992,
but the corresponding provisions of the
former Act and the regulations made under
that Act apply in respect thereof as if they
were provisions of this Act.
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Where
additional
sentence
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(1.1) Paragraph 119(1)(c) applies in
respect of an offender who is serving a
sentence imposed before November 1, 1992
where the offender receives an additional
sentence on or after that day and, as a
result, the offender is deemed, pursuant to
section 139, to have been sentenced to one
sentence.
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63. The Act is amended by adding the
following after section 227:
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Remission
forfeited
under
Penitentiary
Act
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227.1 Any remission that was forfeited
under subsection 25(6) of the Penitentiary
Act, as that Act read immediately before
November 1, 1992, is deemed, as of
November 1, 1992, to be recredited and the
offender continues to be subject to the order
under subsection 21.4(4) of the Parole Act, as
that Act read immediately before November
1, 1992, as if the order had been made under
section 130 of this Act.
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64. (1) The portion of section 1 of
Schedule I to the Act before paragraph (a)
is replaced by the following:
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1. An offence under any of the following
provisions of the Criminal Code, that was
prosecuted by way of indictment:
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(2) Section 1 of Schedule I to the Act is
amended by adding the following after
paragraph (o):
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(3) Section 1 of Schedule I to the Act is
amended by adding the following after
paragraph (s):
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65. The portion of section 2 of Schedule I
to the Act before paragraph (a) is replaced
by the following:
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2. An offence under any of the following
provisions of the Criminal Code, as they read
immediately before July 1, 1990, that was
prosecuted by way of indictment:
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66. The portion of section 3 of Schedule I
to the Act before paragraph (a) is replaced
by the following:
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3. An offence under any of the following
provisions of the Criminal Code, chapter C-34
of the Revised Statutes of Canada, 1970, as
they read immediately before January 4, 1983,
that was prosecuted by way of indictment:
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67. Schedule I to the Act is amended by
adding the following after section 3:
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4. An offence under any of the following
provisions of the Criminal Code, chapter C-34
of the Revised Statutes of Canada, 1970, as
they read immediately before January 1, 1988,
that was prosecuted by way of indictment:
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5. The offence of breaking and entering a
place and committing an indictable offence
therein, as provided for by paragraph
348(1)(b) of the Criminal Code, where the
indictable offence is an offence set out in
sections 1 to 4 of this Schedule and its
commission
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68. Schedule II to the Act is replaced by
the following:
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