1st Session, 37th Parliament,
49-50-51 Elizabeth II, 2001-2002

House of Commons of Canada

BILL C-437

An Act to provide that persons who commit a sexual offence involving a child serve the entire sentence imposed without early release or parole and be found to be child predators, and to amend the Corrections and Conditional Release Act and the Criminal Code

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

SHORT TITLE

Short title

1. This Act may be cited as the Child Predator Act.

1992, c. 20

CORRECTIONS AND CONDITIONAL RELEASE ACT

2. Subsection 121(2) of the Corrections and Conditional Release Act is amended by striking out the word ``or'' at the end of paragraph (a) and by adding the following after paragraph (a):

    (a.1) found to be a child predator under section 753.11 of the Criminal Code or serving a term of imprisonment for a child predator offence; or

3. The portion of subsection 129(9) of the Act before the definition ``serious drug offence'' is replaced by the following:

Definitions

(9) In this section and sections 130, 132 and 132.1,

``child predator offence''
« acte de prédation contre un enfant »

``child predator offence'' means a sexual offence involving a child as defined in this subsection without reference to subparagraph (a)(v) or (vi) of that definition;

4. The Act is amended by adding the following after section 132:

Offenders Serving a Term for a Child Predator Offence

No early release

132.1 Notwithstanding any other provision of this Act, an offender shall not be granted unescorted temporary absence, day parole, full parole or statutory release at any time and must serve the full term of the sentence imposed for the offence in custody if the offender

    (a) has been found to be a child predator under section 753.11 of the Criminal Code; or

    (b) is serving a term of imprisonment for a child predator offence.

R.S., c. C-46

CRIMINAL CODE

5. The heading ``DANGEROUS OFFENDERS AND LONG-TERM OFFENDERS'' before section 752 of the Criminal Code is replaced by the following:

DANGEROUS OFFENDERS, LONG-TERM OFFENDERS AND CHILD PREDATORS

6. Subsection 752.1(1) of the Act and the heading before it are replaced by the following:

Dangerous Offenders, Long-Term Offenders and Child Predators

Application for remand for assessment

752.1 (1) Where an offender is convicted of a serious personal injury offence, an offence referred to in paragraph 753.1(2)(a) or a child predator offence as defined in subsection 129(9) of the Corrections and Conditional Release Act and, before sentence is imposed on the offender, on application by the prosecution, the court is of the opinion that there are reasonable grounds to believe that the offender might be found to be a dangerous offender under section 753, a long-term offender under section 753.1 or a child predator under section 753.11 , the court may, by order in writing, remand the offender, for a period not exceeding sixty days, to the custody of the person that the court directs and who can perform an assessment, or can have an assessment performed by experts. The assessment is to be used as evidence in an application under section 753, 753.1 or 753.11 .

7. The Act is amended by adding the following after section 753.1:

Application for finding that an offender is a child predator

753.11 (1) The court may, on application made under this Part following the filing of an assessment report under subsection 752.1(2), find an offender to be a child predator if it is satisfied that

    (a) the offence for which the offender has been convicted is a child predator offence as defined in subsection 129(9) of the Corrections and Conditional Release Act; and

    (b) the offender has exhibited, in relation to any offence for which the offender has been convicted under this Act, conduct that

      (i) constitutes a threat to the life, safety or physical or mental well-being of children on the basis of evidence that the offender's pattern of behaviour shows a substantial degree of indifference by the offender to the reasonably foreseeable consequences of that behaviour for children, or

      (ii) shows a pattern of failure to control sexual impulses that establishes a likelihood of causing injury, pain or other evil to children in the future.

Time for making application

(2) An application under subsection (1) must be made before sentence is imposed on the offender unless

    (a) before the imposition of sentence, the prosecution gives notice to the offender of a possible intention to make an application under section 752.1 and an application under subsection (1) not later than six months after that imposition; and

    (b) at the time of the application under subsection (1) that is not later than six months after the imposition of sentence, it is shown that relevant evidence that was not reasonably available to the prosecution at the time of the imposition of sentence became available in the interim.

Application for demand for assessment after imposition of sentence

(3) Notwithstanding subsection 752.1(1), an application under that subsection may be made after the imposition of sentence or after an offender begins to serve the sentence in a case to which paragraphs (2)(a) and (b) apply.

If offender found to be a child predator

(4) If the court finds an offender to be a child predator, the court shall

    (a) if the offender has been convicted of more than one child predator offence, impose a sentence of detention in a penitentiary for an indeterminate period;

    (b) make an order requiring the offender to undergo counselling respecting sexuality and children;

    (c) make an order requiring the offender not to undertake any employment, office or voluntary service in which the offender has sole or shared custody of children, and apart from necessary travel, not to be at or near any place where children are likely to be present without adults, for a period of at least five years after release;

    (d) make an order requiring the offender to be subject, at all times of the day and night, to electronic surveillance for a period of at least five years after release; and

    (e) make an order requiring the offender to report in person to a police officer at least every 30 days and give information on their place of work and place of residence, for a period of at least five years after release.

If application made after sentencing

(5) If the application is made after the offender begins to serve the sentence in a case to which paragraphs (2)(a) and (b) apply, the sentence of detention in a penitentiary for an indeterminate period referred to in subsection (4) replaces the sentence that was imposed for the offence for which the offender was convicted.

If offender not found to be a child predator

(6) If the court does not find an offender to be a child predator, the court may

    (a) treat the application as an application to find the offender to be a long-term offender, in which case section 753.1 applies to the application and the court may either find that the offender is a long-term offender or hold another hearing for that purpose, or

    (b) impose sentence for the offence for which the offender has been convicted,

and, in either case, the court shall make an order under paragraphs (4)(c) and (e) and may make an order under paragraph (4)(b) or (d).

Victim evidence

(7) Any evidence given during the hearing of an application made under subsection (1) by a victim of an offence for which the offender was convicted is deemed also to have been given during any hearing under paragraph (6)(a) held with respect to the offender.

Offence - breach of order

(8) An offender who breaches an order of a court made under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Procedure for enforcement

(9) The Minister of Justice shall establish procedures to ensure that

    (a) if an offender is in breach of an order under paragraph (4)(b), (c) or (d), or

    (b) if an offender who is subject to an order under paragraph (4)(e) fails to report as required by the order or to provide a credible reason for the failure within forty-eight hours of the time the offender should have reported,

notice of the breach or failure is given forthwith to the law enforcement agencies in the areas where the offender resides, where the offender last reported or where the Minister believes the offender may be found and a warrant is issued forthwith for the arrest of the offender.