2nd Session, 37th Parliament,
51-52 Elizabeth II, 2002-2003

House of Commons of Canada

BILL C-40

An Act 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:

1992, c. 20

CORRECTIONS AND CONDITIONAL RELEASE ACT

2000, c. 12, s. 88

1. (1) The definition ``victim'' in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:

``victim''
« victime »

``victim'' means a person to whom harm was done or who suffered physical or emotional damage as a result of the commission of an offence and, if the person is dead, ill or otherwise incapacitated,

      (a) their spouse or an individual who is - or was at the time of their death - cohabiting with them in a conjugal relationship, having so cohabited for a period of at least one year,

      (b) a relative or dependant of the person,

      (c) anyone who has in law or fact custody or is responsible for the care or support of the person, or

      (d) anyone who has in law or fact custody, or is responsible for the care or support, of a dependant of the person.

(2) Paragraph (b) of the definition ``inmate'' in subsection 2(1) of the Act is replaced by the following:

      (b) a person who, having been sentenced, committed or transferred to a penitentiary,

        (i) is temporarily outside the penitentiary by reason of a temporary absence authorized under this Act, or

        (ii) is temporarily outside the penitentiary for a reason other than a temporary absence, parole or statutory release, but is under the direction or supervision of a staff member or a person authorized by the Service;

(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

``provincial parole board''
« commission provinciale »

``provincial parole board'' has the same meaning as in Part II;

``unescorted temporary absence''
« permission de sortir sans escorte »

``unescorted temporary absence'' has the same meaning as in Part II;

``working day''
« jour ouvrable »

``working day'' means a day on which offices of the public service of Canada are generally open in the province in question.

1995, c. 42, s. 2(2)(F)

2. Paragraph 4(i) of the Act is replaced by the following:

    (i) that offenders are expected to obey penitentiary rules and conditions governing temporary absences , parole, statutory release and long-term supervision and to actively participate in programs designed to promote their rehabilitation and reintegration; and

1995, c. 22, s. 13 (Sch. II, item 1), c. 42, s. 6

3. Subsection 16(2) of the Act is replaced by the following:

Effect of confinement

(2) Subject to subsection (3), a person who is confined in a penitentiary pursuant to an agreement entered into under paragraph (1)(b) is, despite section 743.3 of the Criminal Code, subject to all the statutes, regulations and rules applicable in the penitentiary in which the person is confined.

1995, c. 42, s. 7(F); 2000, c. 24, s. 34

4. Subsection 17(1) of the Act is replaced by the following:

Authority for escorted temporary absences

17. (1) An institutional head may authorize an inmate to be absent, escorted by a staff member or other person authorized by the institutional head, if , in the opinion of the institutional head,

    (a) the inmate will not, by reoffending, present an undue risk to society during the absence;

    (b) it is desirable for the inmate to be absent in the prescribed circumstances

      (i) for medical, administrative or compassionate reasons,

      (ii) for community service purposes,

      (iii) for participation in a structured program of work in the community, an educational, occupational or life skills training program or a group activity that fosters the offender's socialization,

      (iv) for personal development for rehabilitative purposes, or

      (v) for the purpose of maintaining and strengthening family contact, including carrying out parental responsibilities;

    (c) the inmate's behaviour while under sentence does not preclude authorizing the absence; and

    (d) a structured plan for the absence has been prepared.

The absence may be authorized for an unlimited period for medical reasons or, for reasons other than medical, for a period not exceeding 5 days or, with the Commissioner's approval, not exceeding 15 days.

1995, c. 42, s. 8; 2000, c. 24, s. 35

5. Section 18 of the Act and the heading before it are repealed.

6. (1) Subparagraph 26(1)(b)(iii) of the Act is replaced by the following:

      (iii) the date, if any, that the offender is to be released on temporary absence, parole or statutory release,

(2) Subparagraphs 26(1)(b)(v) and (vi) of the Act are replaced by the following:

      (v) any of the conditions attached to the offender's temporary absence, parole or statutory release,

      (vi) the destination of the offender on any temporary absence, parole or statutory release, and whether the offender will be in the vicinity of the victim while travelling to that destination, and

1995, c. 42, s. 15

7. Paragraphs 55(a) and (b) of the Act are replaced by the following:

    (a) if the staff member or other authorized person has reasonable grounds to suspect that the offender has breached any condition of a temporary absence, parole or statutory release that requires abstention from alcohol or drugs, at once, in order to monitor the offender's compliance with that condition; and

    (b) at regular intervals, in order to monitor the offender's compliance with any condition of a temporary absence, parole or statutory release that requires abstention from alcohol or drugs.

8. Section 61 of the Act is amended by adding the following after subsection (3):

Exceptional power to search

(4) An institutional head may, in writing, authorize a staff member to search the vehicles at a penitentiary if the institutional head has reasonable grounds to believe that

    (a) there is a clear and substantial danger to the security of the penitentiary or the safety of persons because evidence exists that there is contraband at the penitentiary or that a criminal offence is being planned or has been committed at the penitentiary; and

    (b) it is necessary to search the vehicles in order to locate and seize the contraband or other evidence and to avert the danger.

9. Subsection 71(1) of the Act is replaced by the following:

Contacts and visits

71. (1) In order to promote relationships between inmates and the community, an inmate is entitled to have reasonable contact, including visits and correspondence, with family, friends and other persons from outside the penitentiary, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons or for preventing the planning or commission of a criminal offence.

10. Section 84 of the Act is replaced by the following:

Release to an aboriginal community

84. If an inmate expresses an interest in being released into an aboriginal community, the Service shall, with the inmate's consent , give the aboriginal community

    (a) adequate notice of the inmate's parole review or their statutory release date, as the case may be ; and

    (b) an opportunity to propose a plan for the inmate's release and integration into the aboriginal community.

11. Subsection 88(3) of the Act is replaced by the following:

Special case

(3) For the purpose of paragraph (1)(a), an inmate's consent to treatment shall not be considered involuntary merely because the treatment is a requirement for a temporary absence or parole.

12. (1) Subsection 93(2) of the French version of the Act is replaced by the following:

Libération anticipée

(2) Le directeur peut libérer un détenu dans les cinq jours qui précèdent celui normalement prévu pour la libération s'il est convaincu que cette mesure facilitera sa réinsertion sociale.

1995, c. 42, s. 23(2)

(2) Subsection 93(3.1) of the Act is repealed.

1995, c. 42, s. 24(1)

13. Subsection 94(1) of the Act is replaced by the following:

Temporary stay in penitentiary

94. (1) At the request of a person who has been or is entitled to be released from a penitentiary on parole or statutory release, the institutional head may allow them to stay temporarily in the penitentiary in order to assist their rehabilitation, but the temporary stay may not extend beyond the expiration of their sentence.

14. (1) Subparagraph 96(c)(i) of the French version of the Act is replaced by the following:

      (i) les circonstances où une indemnité peut être versée,

(2) Paragraph 96(p) of the Act is replaced by the following:

    (p) authorizing an institutional head, or a staff member designated by them, to, in the prescribed circumstances, restrict or prohibit the entry into and removal from a penitentiary and the use by inmates of publications, video and audio materials, films and computer programs;

(3) Paragraph 96(s) of the Act is replaced by the following:

    (s) respecting penitentiary industry, including regulations authorizing the Minister to establish advisory boards and appoint members to them and regulations providing for the remuneration of those members at rates determined by the Treasury Board and for the reimbursement of any travel and living expenses that are consistent with directives of the Treasury Board and are incurred by those members in performing their duties while away from their ordinary place of residence;

(4) Paragraph 96(y) of the Act is replaced by the following:

    (y) respecting the procedure to be followed on the death of an inmate, including the circumstances in which the Service may pay transportation, funeral, cremation or burial expenses for a deceased inmate;

1995, c. 42, subpar. 72(a)( ii)(F)

(5) Paragraphs 96(z.7) and (z.8) of the Act are replaced by the following:

    (z.7) authorizing an institutional head, or a staff member designated by them, to, in the prescribed circumstances, monitor, intercept or prevent communications between an inmate and another person;

    (z.8) respecting escorted temporary absences, including the circumstances in which the institutional head may authorize an absence under paragraph 17(1)(b);

1995, c. 42, s. 26(2)

15. The definition ``working day'' in subsection 99(1) of the Act is replaced by the following:

``working day''
« jour ouvrable »

``working day'' has the same meaning as in Part I.

1993, c. 34, s. 57(F)

16. Sections 103 and 104 of the Act are replaced by the following:

Board continued

103. The National Parole Board is continued and consists of not more than 60 full-time members and a number of part-time members appointed by the Governor in Council, on the recommendation of the Minister, to hold office during good behaviour for periods not exceeding 10 years and 3 years, respectively.

Chairperson and Vice-Chairper son

104. The Governor in Council shall designate one of the full-time members of the Board as Chairperson and, on the recommendation of the Minister, one as Vice-Chairperson.

17. Subsection 105(3) of the Act is replaced by the following:

Divisions

(3) Each member of the Board, other than the Chairperson and Vice-Chairperson, shall be assigned to the division of the Board specified in their instrument of appointment.

1995, c. 42, s. 28(E) and subpar. 71(a)( vii)(F)

18. Paragraph 107(1)(e) of the Act is replaced by the following:

    (e) to authorize or cancel a decision to authorize the unescorted temporary absence of an offender who is serving, in a penitentiary, a life sentence or a sentence for an indeterminate period.

19. The portion of subsection 115(1) of the Act after paragraph (b.1) is replaced by the following:

    (c) in any other case, the longer of

      (i) six months, and

      (ii) one half of the period required to be served by the offender to reach their full parole eligibility date.

1995, c. 42, s. 32(F)

20. (1) Paragraph 116(1)(b) of the Act is replaced by the following:

    (b) it is desirable for the offender to be absent

      (i) for medical, administrative or compassionate reasons,

      (ii) for community service purposes,

      (iii) for participation in a structured program of work in the community or an educational, occupational or life skills training program,

      (iv) for personal development for rehabilitative purposes, or

      (v) for the purpose of maintaining and strengthening family contact, including carrying out parental responsibilities;

(2) Paragraph 116(1)(d) of the Act is replaced by the following: