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This enactment amends the Corrections and Conditional Release
Act, the Criminal Code, the Criminal Records Act, the Prisons and
Reformatories Act and the Transfer of Offenders Act. The amendments
concern the following four subjects:
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The present detention scheme in the Corrections and Conditional
Release Act permits the National Parole Board to detain, until the end
of their sentence, high-risk sex offenders who have been determined
likely to commit an offence causing death or serious harm before the
expiration of their sentence. Serious harm is defined as severe physical
injury or severe pyschological damage. The enactment modifies the
detention provisions by eliminating the serious harm criterion for a
sexual offence involving a child, authorizing the National Parole Board
to detain an offender where it is satisfied that an offender is likely to
commit a sexual offence involving a child before the expiration of the
sentence.
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The present sentence calculation provisions of the Corrections and
Conditional Release Act result in some offenders being immediately
eligible for parole after being sentenced for new offences committed
while on conditional release. The amendments provide that these
offenders be automatically returned to custody, and require that an
offender who receives an additional consecutive sentence serve at least
one third of the new sentence before being eligible for parole.
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The enactment authorizes the Chairperson of the National Parole
Board to recommend to the Minister that an inquiry be conducted by a
federal court judge to determine whether a Board member should be
subject to disciplinary measures.
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The enactment makes a number of minor technical amendments to
the Corrections and Conditional Release Act, including removing
discrepancies between the English and French texts, clarifying the
relationship between federal and provincial statutory release and
earned remission systems for certain offenders and clarifying the
process for application of accelerated parole review and judicial
determination of parole eligibility.
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