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This enactment amends the Corrections and Conditional Release
Act to
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(a) redefine the authority for granting temporary absences and
broaden their purpose;
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(b) expand the category of offenders who are ineligible for
accelerated parole review and increase the period of ineligibility for
accelerated day parole review;
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(c) require the review of the case of every offender entitled to
statutory release for the purpose of determining whether to impose
additional conditions or refer the case for detention;
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(d) establish the right of victims to make a statement at parole
hearings; and
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(e) provide for the automatic suspension of the parole or statutory
release of offenders who receive a new custodial sentence with a
requirement for the National Parole Board to review their case within
a prescribed period.
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This enactment also makes related amendments to the Criminal
Code.
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It also contains transitional provisions.
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Clause 1: (1) The definition ``victim'' in subsection
2(1) reads as follows:
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``victim''
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(a) 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
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(b) where the person is dead, ill or otherwise incapacitated, the
person's spouse, an individual who is cohabiting, or was
cohabiting at the time of the person's death, with the person in a
conjugal relationship, having so cohabited for a period of at least
one year, any relative or dependant of the person, or anyone who
has in law or fact custody or is responsible for the care or support
of the person;
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(2) The relevant portion of the definition ``inmate'' in
subsection 2(1) reads as follows:
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``inmate'' means
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(b) a person who, having been sentenced, committed or
transferred to penitentiary,
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(i) is temporarily outside penitentiary by reason of a
temporary absence or work release authorized under this Act,
or
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(ii) is temporarily outside penitentiary for reasons other than
a temporary absence, work release, parole or statutory release,
but is under the direction or supervision of a staff member or
of a person authorized by the Service;
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(3) New.
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Clause 2: The relevant portion of section 4 reads as
follows:
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4. The principles that shall guide the Service in achieving the
purpose referred to in section 3 are
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(i) that offenders are expected to obey penitentiary rules and
conditions governing temporary absence, work release, parole and
statutory release, and to actively participate in programs designed to
promote their rehabilitation and reintegration; and
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Clause 3: Subsection 16(2) reads as follows:
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(2) Subject to subsection (3), a person who, pursuant to an agreement
entered into under paragraph (1)(b), is confined in a penitentiary is,
notwithstanding subsection 743.3(1) of the Criminal Code, subject to
all the statutes, regulations and rules applicable in the penitentiary in
which the person is confined.
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Clause 4: Subsection 17(1) reads as follows:
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17. (1) Where, in the opinion of the institutional head,
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(a) an inmate will not, by reoffending, present an undue risk to
society during an absence authorized under this section,
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(b) it is desirable for the inmate to be absent from penitentiary,
escorted by a staff member or other person authorized by the
institutional head, for medical, administrative, community service,
family contact, personal development for rehabilitative purposes, or
compassionate reasons, including parental responsibilities,
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(c) the inmate's behaviour while under sentence does not preclude
authorizing the absence, and
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(d) a structured plan for the absence has been prepared,
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the absence may, subject to section 746.1 of the Criminal Code,
subsection 140.3(2) of the National Defence Act and subsection 15(2)
of the Crimes Against Humanity and War Crimes Act, be authorized by
the institutional head
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(e) for an unlimited period for medical reasons, or
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(f) for reasons other than medical,
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(i) for a period not exceeding five days, or
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(ii) with the Commissioner's approval, for a period exceeding
five days but not exceeding fifteen days.
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Clause 5: Section 18 and the heading before it read as
follows:
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18. (1) In this section, ``work release'' means a structured program
of release of specified duration for work or community service outside
the penitentiary, under the supervision of a staff member or other person
or organization authorized by the institutional head.
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(2) Where an inmate is eligible for unescorted temporary absences
under Part II or pursuant to section 746.1 of the Criminal Code,
subsection 140.3(2) of the National Defence Act or subsection 15(2) of
the Crimes Against Humanity and War Crimes Act, and, in the opinion
of the institutional head,
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(a) the inmate will not, by reoffending, present an undue risk to
society during a work release,
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(b) it is desirable for the inmate to participate in a structured program
of work or community service in the community,
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(c) the inmate's behaviour while under sentence does not preclude
authorizing the work release, and
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(d) a structured plan for the work release has been prepared,
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the institutional head may authorize a work release, for such duration
as is fixed by the institutional head, subject to the approval of the
Commissioner if the duration is to exceed sixty days.
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(3) The institutional head may impose, in relation to a work release,
any conditions that the institutional head considers reasonable and
necessary in order to protect society.
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(4) The institutional head may suspend or cancel a work release
either before or after its commencement.
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(5) The institutional head shall give the inmate written reasons for
the authorizing, refusal, suspension or cancellation of a work release.
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(6) Where a work release is suspended or cancelled after its
commencement, the institutional head may cause a warrant in writing
to be issued authorizing the apprehension and recommitment to custody
of the inmate.
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Clause 6: (1) and (2) The relevant portion of
subsection 26(1) reads as follows:
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26. (1) At the request of a victim of an offence committed by an
offender, the Commissioner
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(b) may disclose to the victim any of the following information about
the offender, where in the Commissioner's opinion the interest of the
victim in such disclosure clearly outweighs any invasion of the
offender's privacy that could result from the disclosure:
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(iii) the date, if any, on which the offender is to be released on
temporary absence, work release, parole or statutory release,
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(v) any of the conditions attached to the offender's temporary
absence, work release, parole or statutory release,
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(vi) the destination of the offender on any temporary absence,
work release, parole or statutory release, and whether the
offender will be in the vicinity of the victim while travelling to
that destination, and
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Clause 7: Section 55 reads as follows:
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55. Subject to section 56 and subsection 57(2), a staff member, or any
other person so authorized by the Service, may demand that an offender
submit to urinalysis
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(a) at once, where the staff member or other authorized person has
reasonable grounds to suspect that the offender has breached any
condition of a temporary absence, work release, parole or statutory
release that requires abstention from alcohol or drugs, in order to
monitor the offender's compliance with that condition; or
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(b) at regular intervals, in order to monitor the offender's compliance
with any condition of a temporary absence, work release, parole or
statutory release that requires abstention from alcohol or drugs.
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Clause 8: New.
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Clause 9: Subsection 71(1) reads as follows:
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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.
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Clause 10: Section 84 reads as follows:
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84. Where an inmate who is applying for parole has expressed an
interest in being released to an aboriginal community, the Service shall,
if the inmate consents, give the aboriginal community
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(a) adequate notice of the inmate's parole application; and
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(b) an opportunity to propose a plan for the inmate's release to, and
integration into, the aboriginal community.
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Clause 11: Subsection 88(3) reads as follows:
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(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, work release or
parole.
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Clause 12: (1) Subsection 93(2) reads as follows:
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(2) Where the institutional head is satisfied that an inmate's re-entry
into the community will be facilitated by an earlier release than that
provided for by subsection (1), the institutional head may release the
inmate up to five days before the day on which the inmate is entitled to
be released by virtue of statutory release or the expiration of the
sentence.
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(2) Subsection 93(3.1) reads as follows:
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(3.1) An inmate who is to be released on full parole by virtue of a
direction of the Board under section 126 shall be released during normal
business hours on the day established pursuant to section 120, or, if that
day is not a working day, during normal business hours on the following
working day.
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Clause 13: Subsection 94(1) reads as follows:
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94. (1) At the request of a person who has been released from
penitentiary on parole or statutory release, or who is entitled to be
released from penitentiary on statutory release, the institutional head
may allow the person to stay temporarily in the penitentiary in order to
assist that person's rehabilitation, but such a temporary stay may not
extend beyond the expiration of the person's sentence.
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Clause 14: (1) to (5) The relevant portion of section
96 reads as follows:
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96. The Governor in Council may make regulations
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(c) respecting, for the purposes of section 22,
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(i) the circumstances in which compensation may be paid,
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(p) prescribing limits on the entry into a penitentiary, and the use by
inmates, of publications, video and audio materials, films and
computer programs;
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(s) respecting penitentiary industry;
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(y) respecting the procedure to be followed on the death of an inmate;
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(z.7) providing for the monitoring or intercepting of
communications of any kind between an inmate and another inmate
or other person, where reasonable for protecting the security of the
penitentiary or the safety of persons;
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(z.8) respecting escorted temporary absences and work releases;
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Clause 15: The definition ``working day'' in
subsection 99(1) reads as follows:
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``working day'' means a day on which offices of the public service of
Canada are generally open in the province in question.
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Clause 16: Sections 103 and 104 read as follows:
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103. The National Parole Board is hereby continued, to consist of not
more than forty-five 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 ten years and three years, respectively.
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104. The Governor in Council shall designate one of the full-time
members of the Board to be its Chairperson and, on the
recommendation of the Minister, one of the full-time members to be its
Executive Vice-Chairperson.
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Clause 17: Subsection 105(3) reads as follows:
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(3) Each member of the Board other than the Chairperson and the
Executive Vice-Chairperson shall be assigned to a division of the Board
specified in the instrument of appointment.
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Clause 18: The relevant portion of subsection 107(1)
reads as follows:
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107. (1) Subject to this Act, the Prisons and Reformatories Act, the
Transfer of Offenders Act, the National Defence Act, the Crimes Against
Humanity and War Crimes Act and the Criminal Code, the Board has
exclusive jurisdiction and absolute discretion
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(e) to authorize or to cancel a decision to authorize the unescorted
temporary absence of an offender who is serving, in a penitentiary,
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(i) a life sentence imposed as a minimum punishment or
commuted from a sentence of death,
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(ii) a sentence for an indeterminate period, or
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(iii) a sentence for an offence set out in Schedule I or II.
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Clause 19: The relevant portion of subsection 115(1)
reads as follows:
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115. (1) Subject to subsection (2), the portion of a sentence that must
be served before an offender serving a sentence in a penitentiary may
be released on an unescorted temporary absence is
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(i) one half of the period required to be served by the offender to
reach the offender's full parole eligibility date, or
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whichever is greater.
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Clause 20: (1) and (2) The relevant portion of
subsection 116(1) reads as follows:
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116. (1) The Board may authorize the unescorted temporary absence
of an offender referred to in paragraph 107(1)(e) where, in the opinion
of the Board,
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(b) it is desirable for the offender to be absent from penitentiary for
medical, administrative, community service, family contact,
personal development for rehabilitative purposes, or compassionate
reasons, including parental responsibilities;
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(d) a structured plan for the absence has been prepared.
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(3) Subsections 116(6) and (7) read as follows:
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(6) An unescorted temporary absence for purposes of a specific
personal development program may be authorized for a maximum of
sixty days and may be renewed, for periods of up to sixty days each, for
the purposes of the program.
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(7) Unescorted temporary absences for reasons other than those
referred to in subsection (3) or (4) may be authorized for a maximum
total of forty-eight hours per month for an offender classified by the
Service as a medium security offender, and for a maximum total of
seventy-two hours per month for an offender classified as a minimum
security offender.
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Clause 21: (1) Subsection 117(1) reads as follows:
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117. (1) The Board may confer on the Commissioner or the
institutional head, for such period and subject to such conditions as it
specifies, any of its powers under section 116 in respect of any class of
offenders or class of absences.
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(2) and (3) Subsections 117(3) and (4) read as follows:
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(3) Where the Board has not authorized the Commissioner or the
institutional head under subsection (1) in respect of the offender or in
respect of the absence, the institutional head of the penitentiary from
which an unescorted temporary absence has been effected may suspend
the absence if, in the opinion of the institutional head, the offender's
retention in custody or recommitment to custody is justified in order to
protect society, on the basis of information that could not reasonably
have been provided to the Board when the absence was authorized.
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(4) An institutional head who suspends the unescorted temporary
absence of an offender shall forthwith refer the offender's case to the
Board, and the Board shall decide whether the absence should be
cancelled.
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Clause 22: Section 118 reads as follows:
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118. A person who cancels an unescorted temporary absence
pursuant to subsection 116(10) or pursuant to a delegation of power
under subsection 117(1) or (2), or who suspends an unescorted
temporary absence pursuant to subsection 117(3), shall cause a warrant
in writing to be issued authorizing the apprehension and recommitment
to custody of the offender pursuant to section 137, where the offender
is not in custody in a penitentiary or in a hospital referred to in
subsection 117(2).
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Clause 23: Section 119.2 is new. Section 119.1 reads
as follows:
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119.1 The portion of the sentence of an offender who is eligible for
accelerated parole review under sections 125 and 126 that must be
served before the offender may be released on day parole is six months,
or one sixth of the sentence, whichever is longer.
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Clause 24: Sections 120.1 to 120.3 read as follows:
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120.1 (1) Where an offender who is serving a sentence receives an
additional sentence that is to be served consecutively to the sentence the
offender was serving when the additional sentence was imposed, the
offender is not eligible for full parole until the day on which the offender
has served, commencing on the day on which the additional sentence
was imposed,
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(a) any remaining period of ineligibility in relation to the sentence
the offender was serving when the additional sentence was imposed;
and
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(b) the period of ineligibility in relation to the additional sentence.
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(2) Notwithstanding subsection (1), where an offender who is
serving a sentence receives an additional sentence that is to be served
consecutively to a portion of the sentence the offender was serving
when the additional sentence was imposed, the offender is not eligible
for full parole until the day that is the latest of
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(a) the day on which the offender has served the period of
ineligibility for full parole in relation to the sentence the offender was
serving when the additional sentence was imposed,
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(b) the day on which the offender has served, commencing on the
date on which the additional sentence was imposed, the period of
ineligibility for full parole in relation to the additional sentence, and
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(c) the day on which the offender has served the period of
ineligibility for full parole in relation to the sentence that includes the
additional sentence as provided by subsection 139(1).
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120.2 (1) Subject to subsection (2), where an offender who is serving
a sentence receives an additional sentence that is to be served
concurrently with any portion of the sentence the offender was serving
when the additional sentence was imposed, the offender is not eligible
for full parole until the day that is the later of
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(a) the day on which the offender has served the period of
ineligibility in relation to the sentence the offender was serving when
the additional sentence was imposed, and
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(b) the day on which the offender has served
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(i) the period of ineligibility in relation to any portion of the
sentence that includes the additional sentence as provided by
subsection 139(1) and that is subject to an order under section
743.6 of the Criminal Code or section 140.4 of the National
Defence Act, and
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(ii) the period of ineligibility in relation to any other portion of
that sentence.
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(2) Where an offender who is sentenced to life imprisonment or for
an indeterminate period receives an additional sentence for a
determinate period, the offender is not eligible for full parole until the
day on which the offender has served, commencing on the day on which
the additional sentence was imposed,
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(a) any remaining period of ineligibility to which the offender is
subject; and
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(b) the period of ineligibility in relation to the additional sentence.
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(3) Where, pursuant to section 745.6 of the Criminal Code,
subsection 140.3(2) of the National Defence Act or subsection 15(2) of
the Crimes Against Humanity and War Crimes Act, there has been a
reduction in the number of years of imprisonment without eligibility for
parole of an offender referred to in subsection (2), the offender is not
eligible for full parole until the day on which the offender has served,
commencing on the day on which the additional sentence was imposed,
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(a) the remaining period of ineligibility to which the offender would
have been subject, after taking into account the reduction; and
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(b) the period of ineligibility in relation to the additional sentence.
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120.3 Subject to section 745 of the Criminal Code, subsection
140.3(1) of the National Defence Act and subsection 15(1) of the
Crimes Against Humanity and War Crimes Act, where an offender who
is serving a sentence receives an additional sentence, the day on which
the offender is eligible for full parole shall not be later than the day on
which the offender has served fifteen years from the day on which the
last of the sentences was imposed.
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Clause 25: (1) The relevant portion of subsection
121(1) reads as follows:
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121. (1) Subject to section 102 and notwithstanding sections 119 to
120.3 or any order made under section 743.6 of the Criminal Code or
section 140.4 of the National Defence Act, parole may be granted at any
time to an offender
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(2) The relevant portion of subsection 121(2) reads as
follows:
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(2) Subsection (1) does not apply to an offender who is
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Clause 26: New.
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Clause 27: (1) Subsection 122(1.1) is new.
Subsections 122(1) to (3) read as follows:
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122. (1) Subject to subsection 119(2), the Board shall, on
application, at the time prescribed by the regulations, review, for the
purpose of day parole, the case of every offender other than an offender
referred to in subsection (2).
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(2) The Board may, on application, at the time prescribed by the
regulations, review, for the purpose of day parole, the case of an
offender who is serving a sentence of two years or more in a provincial
correctional facility in a province in which no program of day parole has
been established for that category of offender.
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(3) With respect to a review commenced under this section, the
Board shall decide whether to grant day parole, or may adjourn the
review for a reason authorized by the regulations and for a reasonable
period not exceeding the maximum period prescribed by the
regulations.
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(2) Subsection 122(5.1) is new. Subsection 122(5)
reads as follows:
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(5) Day parole may be granted to an offender for a period not
exceeding six months, and may be continued for additional periods not
exceeding six months each following reviews of the case by the Board.
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Clause 28: (1) Subsections 123(1) and (2) read as
follows:
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123. (1) Subject to subsection (2), the Board shall, at the time
prescribed by the regulations, review, for the purpose of full parole, the
case of every offender who is serving a sentence of two years or more
and who is not within the jurisdiction of a provincial parole board.
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(2) The Board is not required under subsection (1) or (5) to review
the case of an offender who has advised the Board in writing that the
offender does not wish to be considered for full parole and who has not
in writing revoked that advice.
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(2) Subsection 123(4) reads as follows:
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(4) With respect to a review commenced under this section, the
Board shall decide whether to grant full parole, or may grant day parole,
or may adjourn the review for a reason authorized by the regulations and
for a reasonable period not exceeding the maximum period prescribed
by the regulations.
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(3) The relevant portion of subsection 123(5) reads as
follows:
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(5) Where the Board decides not to grant parole following a review
pursuant to section 122 or subsection (1) or a review is not made by
virtue of subsection (2), the Board shall conduct another review within
two years after the later of
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(4) Subsection 123(5.1) is new. Subsection 123(6)
reads as follows:
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(6) Where the Board decides not to grant full parole following a
review pursuant to this section, no further application for full parole
may be made until six months after the decision or until such earlier time
as the regulations prescribe or the Board determines.
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Clause 29: (1) Subsection 124(1) reads as follows:
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124. (1) The Board is not required to review the case of an offender
who is unlawfully at large at the time prescribed for a review under
section 122, 123 or 126, but shall do so as soon as possible after being
informed of the offender's return to custody.
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(2) Subsection 124(3) reads as follows:
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(3) Where an offender has been granted parole under section 122,
123 or 126, the Board may, after a review of the case based on
information that could not reasonably have been provided to it at the
time parole was granted, cancel the parole if the offender has not been
released or terminate the parole if the offender has been released.
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Clause 30: The heading before section 125 and
sections 125 to 126.1 read as follows:
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125. (1) This section and section 126 apply to an offender sentenced,
committed or transferred to penitentiary for the first time, otherwise
than pursuant to an agreement entered into under paragraph 16(1)(b),
other than an offender
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(a) serving a sentence for one of the following offences, namely,
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(ii) an offence set out in Schedule I or a conspiracy to commit such
an offence,
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(ii.1) an offence under section 83.02 (providing or collecting
property for certain activities), 83.03 (providing, making
available, etc. property or services for terrorist purposes), 83.04
(using or possessing property for terrorist purposes), 83.18
(participation in activity of terrorist group), 83.19 (facilitating
terrorist activity), 83.2 (to carry out activity for terrorist group),
83.21 (instructing to carry out activity for terrorist group), 83.22
(instructing to carry out terrorist activity) or 83.23 (harbouring or
concealing) of the Criminal Code or a conspiracy to commit such
an offence,
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(iii) an offence under section 463 of the Criminal Code that was
prosecuted by indictment in relation to an offence set out in
Schedule I, other than the offence set out in paragraph (1)(q) of
that Schedule,
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(iv) an offence set out in Schedule II in respect of which an order
has been made under section 743.6 of the Criminal Code,
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(v) an offence contrary to section 130 of the National Defence Act
where the offence is murder, an offence set out in Schedule I or
an offence set out in Schedule II in respect of which an order has
been made under section 140.4 of the National Defence Act, or
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(vi) a criminal organization offence within the meaning of section
2 of the Criminal Code, including an offence under subsection
82(2);
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(a.1) convicted of an offence under section 240 of the Criminal
Code;
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(b) serving a life sentence imposed otherwise than as a minimum
punishment; or
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(c) whose day parole has been revoked.
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(1.1) For greater certainty, this section and section 126
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(a) apply to an offender referred to in subsection (1) who, after being
sentenced, committed or transferred to penitentiary for the first time,
is sentenced in respect of an offence, other than an offence referred
to in paragraph (1)(a), that was committed before the offender was
sentenced, committed or transferred to penitentiary for the first time;
and
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(b) do not apply to an offender referred to in subsection (1) who, after
being sentenced, committed or transferred to penitentiary for the
first time, commits an offence under an Act of Parliament for which
the offender receives an additional sentence.
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(2) The Service shall, at the time prescribed by the regulations,
review the case of an offender to whom this section applies for the
purpose of referral of the case to the Board for a determination under
section 126.
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(3) A review made pursuant to subsection (2) shall be based on all
reasonably available information that is relevant, including
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(a) the social and criminal history of the offender obtained pursuant
to section 23;
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(b) information relating to the performance and behaviour of the
offender while under sentence; and
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(c) any information that discloses a potential for violent behaviour
by the offender.
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(4) On completion of a review pursuant to subsection (2), the Service
shall, within such period as is prescribed by the regulations preceding
the offender's eligibility date for full parole, refer the case to the Board
together with all information that, in its opinion, is relevant to the case.
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(5) The Service may delegate to the correctional authorities of a
province its powers under this section in relation to offenders who are
serving their sentences in provincial correctional facilities in that
province.
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126. (1) The Board shall review without a hearing, at or before the
time prescribed by the regulations, the case of an offender referred to it
pursuant to section 125.
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(2) Notwithstanding section 102, if the Board is satisfied that there
are no reasonable grounds to believe that the offender, if released, is
likely to commit an offence involving violence before the expiration of
the offender's sentence according to law, it shall direct that the offender
be released on full parole.
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(3) If the Board does not direct, pursuant to subsection (2), that the
offender be released on full parole, it shall report its refusal to so direct,
and its reasons, to the offender.
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(4) The Board shall refer any refusal and reasons reported to the
offender pursuant to subsection (3) to a panel of members other than
those who reviewed the case under subsection (1), and the panel shall
review the case at the time prescribed by the regulations.
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(5) Notwithstanding section 102, if the panel reviewing a case
pursuant to subsection (4) is satisfied as described in subsection (2), the
panel shall direct that the offender be released on full parole.
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(6) An offender who is not released on full parole pursuant to
subsection (5) is entitled to subsequent reviews in accordance with
subsection 123(5).
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(7) In this section, ``offence involving violence'' means murder or
any offence set out in Schedule I, but, in determining whether there are
reasonable grounds to believe that an offender is likely to commit an
offence involving violence, it is not necessary to determine whether the
offender is likely to commit any particular offence.
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(8) Where the parole of an offender released pursuant to this section
is terminated or revoked, the offender is not entitled to another review
pursuant to this section.
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126.1 Sections 125 and 126 apply, with such modifications as the
circumstances require, to a review to determine if an offender referred
to in subsection 119.1 should be released on day parole.
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Clause 31: Subsection 127(5.1) is new. Subsection
127(5) reads as follows:
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(5) Subject to subsections 130(4) and (6), the statutory release date
of an offender whose parole or statutory release has been revoked is the
day on which the offender has served two thirds of the unexpired
portion of the sentence after being recommitted to custody as a result of
a suspension or a revocation under section 135.
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Clause 32: New.
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Clause 33: Subsections 128(3) and (4) read as follows:
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(3) Despite subsection (1), for the purposes of paragraph 50(b) of the
Immigration and Refugee Protection Act and section 40 of the
Extradition Act, the sentence of an offender who has been released on
parole, statutory release or an unescorted temporary absence is deemed
to be completed unless the parole or statutory release has been
suspended, terminated or revoked or the unescorted temporary absence
is suspended or cancelled or the offender has returned to Canada before
the expiration of the sentence according to law.
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(4) Despite this Act or the Prisons and Reformatories Act, an
offender against whom a removal order has been made under the
Immigration and Refugee Protection Act is ineligible for day parole or
an unescorted temporary absence until the offender is eligible for full
parole.
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Clause 34: (1) and (2) Subsections 129(1) to (3) read
as follows:
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129. (1) Before the statutory release date of an offender who is
serving a sentence of two years or more that includes a sentence
imposed for an offence set out in Schedule I or II or an offence set out
in Schedule I or II that is punishable under section 130 of the National
Defence Act, the Commissioner shall cause the offender's case to be
reviewed by the Service.
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(2) After the review of the case of an offender pursuant to subsection
(1), and not later than six months before the statutory release date, the
Service shall refer the case to the Board together with all the information
that, in its opinion, is relevant to it, where the Service is of the opinion
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(a) in the case of an offender serving a sentence that includes a
sentence for an offence set out in Schedule I, that
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(i) the commission of the offence caused the death of or serious
harm to another person and there are reasonable grounds to
believe that the offender is likely to commit an offence causing
death or serious harm to another person before the expiration of
the offender's sentence according to law, or
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(ii) the offence was a sexual offence involving a child and there
are reasonable grounds to believe that the offender is likely to
commit a sexual offence involving a child before the expiration
of the offender's sentence according to law; or
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(b) in the case of an offender serving a sentence that includes a
sentence for an offence set out in Schedule II, that there are
reasonable grounds to believe that the offender is likely to commit
a serious drug offence before the expiration of the offender's
sentence according to law.
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(3) Where the Commissioner believes on reasonable grounds that an
offender who is serving a sentence of two years or more is likely, before
the expiration of the sentence according to law, to commit an offence
causing death or serious harm to another person, a sexual offence
involving a child or a serious drug offence, the Commissioner shall refer
the case to the Chairperson of the Board together with all the
information in the possession of the Service that, in the Commissioner's
opinion, is relevant to the case, as soon as is practicable after forming
that belief, but the referral may not be made later than six months before
the offender's statutory release date unless
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(a) the Commissioner formed that belief on the basis of behaviour of
the offender during the six months preceding the statutory release
date or on the basis of information obtained during those six months;
or
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(b) as a result of any recalculation of the sentence under this Act, the
statutory release date of the offender has passed or less than six
months remain before that date.
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(3) Subsection 129(4) reads as follows:
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(4) At the request of the Board, the Service shall take all reasonable
steps to provide the Board with any additional information that is
relevant to a case referred pursuant to subsection (2) or (3).
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(4) New. The relevant portion of the definition
``sexual offence involving a child'' in subsection 129(9)
reads as follows:
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``sexual offence involving a child'' means
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(a) an offence under any of the following provisions of the
Criminal Code that was prosecuted by way of indictment,
namely,
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Clause 35: (1) Subsection 130(1) reads as follows:
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130. (1) Where the case of an offender is referred to the Board by the
Service pursuant to subsection 129(2) or referred to the Chairperson of
the Board by the Commissioner pursuant to subsection 129(3) or (3.1),
the Board shall, subject to subsections 129(5), (6) and (7), at the times
and in the manner prescribed by the regulations,
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(a) inform the offender of the referral and review, and
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and the Board shall cause all such inquiries to be conducted in
connection with the review as it considers necessary.
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(2) Subsection 130(5) reads as follows:
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(5) An offender who is in custody pursuant to an order made under
subsection (3) or amended under paragraph (3.3)(b) is not eligible to be
released from imprisonment under this Act except on a temporary
absence with escort for medical purposes under Part I.
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Clause 36: New.
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Clause 37: Subsection 133(4.1) reads as follows:
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(4.1) In order to facilitate the successful reintegration into society of
an offender, the releasing authority may, as a condition of statutory
release, require that the offender reside in a community-based
residential facility or in a psychiatric facility, where the releasing
authority is satisfied that, in the absence of such a condition, the
offender will present an undue risk to society by committing an offence
listed in Schedule I before the expiration of the offender's sentence
according to law.
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Clause 38: (1) Subsections 135(1.1) and (1.2) are new.
Subsection 135(2) reads as follows:
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(2) A person designated pursuant to subsection (1) may, by warrant,
order the transfer to penitentiary of an offender who is recommitted to
custody pursuant to subsection (1) in a place other than a penitentiary.
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(2) The relevant portion of subsection 135(3) reads as
follows:
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(3) The person who signs a warrant pursuant to subsection (1) or any
other person designated pursuant to that subsection shall, forthwith
after the recommitment of the offender, review the offender's case and
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(3) New.
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(4) Subsection 135(5) reads as follows:
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(5) The Board shall, on the referral to it of the case of an offender
serving a sentence of two years or more, review the case and, within the
period prescribed by the regulations, unless the Board grants an
adjournment at the offender's request,
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(a) cancel the suspension, where the Board is satisfied that, in view
of the offender's behaviour since release, the offender will not, by
reoffending before the expiration of the offender's sentence
according to law, present an undue risk to society;
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(b) where the Board is not satisfied as provided in paragraph (a),
terminate the parole or statutory release of the offender if it was
suspended by reason of circumstances beyond the offender's control
or revoke it in any other case; or
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(c) where the offender is no longer eligible for the parole or entitled
to be released on statutory release, terminate or revoke it.
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(5) New.
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(6) Subsections 135(9.1) to (9.5) read as follows:
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(9.1) Where an offender whose parole or statutory release has not
been terminated or revoked is incarcerated as a result of an additional
sentence for an offence under an Act of Parliament, the parole or
statutory release, as the case may be, is revoked on the day on which the
offender is incarcerated as a result of the additional sentence.
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(9.2) Subsection (9.1) does not apply where the additional sentence
is to be served concurrently with, and is in respect of an offence
committed before the commencement of, the sentence to which the
parole or statutory release applies.
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(9.3) Where an offender who is released on parole receives an
additional sentence described in subsection (9.2) and the day
determined in accordance with section 119, 120 or 120.2, as the case
may be, on which the offender is eligible for parole is later than the day
on which the offender received the additional sentence, the parole
becomes inoperative and the offender shall be reincarcerated.
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(9.4) Unless the lieutenant governor in council of a province in
which there is a provincial parole board makes a declaration under
subsection 113(1) that subsection (9.1) applies in respect of offenders
under the jurisdiction of that provincial parole board, subsection (9.1)
does not apply in respect of such offenders, other than an offender who
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(a) is serving a sentence in a provincial correctional facility pursuant
to an agreement entered into under paragraph 16(1)(a); or
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(b) as a result of receiving an additional sentence referred to in
subsection (9.1), is required, pursuant to section 743.1 of the
Criminal Code, to serve the sentence in a penitentiary.
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(9.5) Where an offender to whom subsection (9.1) does not apply
who is on parole that has not been revoked or terminated receives an
additional sentence, for an offence under an Act of Parliament, that is
to be served consecutively with the sentence the offender was serving
when the additional sentence was imposed, the parole becomes
inoperative and the offender shall be reincarcerated until the day on
which the offender has served, from the day on which the additional
sentence was imposed, the period of ineligibility in relation to the
additional sentence and, on that day, the parole is resumed, subject to the
provisions of this Act, unless, before that day, the parole has been
revoked or terminated.
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Clause 39: The relevant portion of subsection
135.1(6) reads as follows:
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(6) The Board shall, on the referral to it of the case of an offender,
review the case and, within sixty days after the date of the referral,
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(a) cancel the suspension, where the Board is satisfied that, in view
of the offender's behaviour while being supervised, the resumption
of long-term supervision on the same conditions would not
constitute a substantial risk to society by reason of the offender
reoffending before the expiration of the period of long-term
supervision;
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(b) where the Board is not satisfied as provided in paragraph (a),
cancel the suspension and order the resumption of long-term
supervision on any conditions that the Board considers necessary to
protect society; or
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Clause 40: Section 136 reads as follows:
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136. When the parole or statutory release of an offender is terminated
or revoked or where it becomes inoperative pursuant to subsection
135(9.3) or (9.5), a member of the Board or a person designated, by
name or by position, by the Chairperson of the Board or by the
Commissioner may, by warrant, authorize the apprehension and
recommitment to custody of the offender pursuant to section 137.
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Clause 41: Subsection 137(1) reads as follows:
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137. (1) A warrant of apprehension issued under section 11.1, 18,
118, 135, 135.1 or 136 or by a provincial parole board, or an
electronically transmitted copy of such a warrant, shall be executed by
any peace officer to whom it is given in any place in Canada as if it had
been originally issued or subsequently endorsed by a justice or other
lawful authority having jurisdiction in that place.
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Clause 42: Subsection 138(6) reads as follows:
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(6) Subject to subsections 130(4) and (6), an offender whose parole
or statutory release has been revoked is entitled to be released on
statutory release in accordance with section 127.
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Clause 43: The heading before section 139 reads as
follows:
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Clause 44: Subsection 139(1) reads as follows:
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139. (1) Where a person who is subject to a sentence that has not
expired receives an additional sentence, the person is, for the purposes
of the Criminal Code, the Prisons and Reformatories Act and this Act,
deemed to have been sentenced to one sentence commencing at the
beginning of the first of those sentences to be served and ending on the
expiration of the last of them to be served.
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Clause 45: (1) and (2) Paragraphs 140(1)(a.1) and
(c.1) are new. The relevant portion of subsection 140(1)
reads as follows:
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140. (1) The Board shall conduct the review of the case of an
offender by way of a hearing, conducted in whichever of the two official
languages of Canada is requested by the offender, unless the offender
waives the right to a hearing in writing or refuses to attend the hearing,
in the following classes of cases:
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(b) the first review for full parole pursuant to subsection 123(1),
including the review conducted pursuant to subsection 126(4), and
subsequent reviews pursuant to subsection 123(5);
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(3) and (4) New.
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Clause 46: (1) and (2) Subsections 141(2) and (3) read
as follows:
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(2) Where information referred to in subsection (1) comes into the
possession of the Board after the time prescribed in that subsection, that
information or a summary of it shall be provided to the offender as soon
as is practicable thereafter.
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(3) An offender may waive the right to be provided with the
information or summary referred to in subsection (1) or to have it
provided within the period referred to, but where an offender has
waived that period and any information is received by the offender, or
by the Board, so late that the offender or the Board is unable to
sufficiently prepare for the review, the offender is entitled to, or the
Board may order, a postponement of the review for such reasonable
period as the Board determines.
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Clause 47: Subsection 146(1.1) is new. Subsection
146(1) reads as follows:
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146. (1) There shall be a division of the Board known as the Appeal
Division, consisting of not more than six full-time members designated
by the Governor in Council on the recommendation of the Minister
from among the members appointed pursuant to section 103, and one
of those members shall be designated Vice-Chairperson, Appeal
Division.
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Clause 48: The relevant portion of subsection 147(2)
reads as follows:
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(2) The Vice-Chairperson, Appeal Division, may refuse to hear an
appeal, without causing a full review of the case to be undertaken,
where, in the opinion of the Vice-Chairperson,
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Clause 49: Section 150 reads as follows:
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150. (1) A full-time member shall be designated by the Governor in
Council, on the recommendation of the Minister, to be
Vice-Chairperson for each regional division of the Board.
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(2) A Vice-Chairperson for a division is responsible to the
Chairperson for the professional conduct, training, and quality of
decision-making of Board members assigned to that division.
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Clause 50: Subsection 151(1) reads as follows:
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151. (1) There shall be an Executive Committee of the Board
consisting of the Chairperson, the Executive Vice-Chairperson, the
Vice-Chairperson, Appeal Division, the regional Vice-Chairpersons
and two other members of the Board designated by the Chairperson
after consultation with the Minister.
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Clause 51: Subsections 152(7) and (8) read as follows:
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(7) In the event of the absence or incapacity of the Chairperson or a
vacancy in the office of Chairperson, the Executive Vice-Chairperson
may exercise all the powers of the Chairperson.
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(8) In the event of the absence or incapacity of, or a vacancy in the
offices of, the Chairperson and the Executive Vice-Chairperson, a
full-time member of the Board designated by the Minister may exercise
all the powers of the Chairperson.
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Clause 52: New.
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Clause 53: New.
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Clause 54: Section 192 reads as follows:
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192. The Correctional Investigator shall, within three months after
the end of each fiscal year, submit to the Minister a report of the
activities of the office of the Correctional Investigator during that year,
and the Minister shall cause every such report to be laid before each
House of Parliament on any of the first thirty days on which that House
is sitting after the day on which the Minister receives it.
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Clause 55: Section 195 reads as follows:
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195. Where it appears to the Correctional Investigator that there may
be sufficient grounds for including in a report under section 192 or 193
any comment or information that reflects or might reflect adversely on
any person or organization, the Correctional Investigator shall give that
person or organization a reasonable opportunity to make
representations respecting the comment or information and shall
include in the report a fair and accurate summary of those
representations.
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Clause 56: Subsection 225(2) reads as follows:
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(2) Sections 125 and 126 do not apply to an offender serving a
sentence on the commencement day whose case was reviewed under
the former Act during that sentence for the purpose of full parole.
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Clause 61: (1) The relevant portion of subsection
746.1(2) reads as follows:
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(2) Subject to subsection (3), in respect of a person sentenced to
imprisonment for life without eligibility for parole for a specified
number of years pursuant to this Act, until the expiration of all but three
years of the specified number of years of imprisonment,
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(c) except with the approval of the National Parole Board, no
absence with escort otherwise than for medical reasons or in order
to attend judicial proceedings or a coroner's inquest may be
authorized under either of those Acts.
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(2) The relevant portion of subsection 746.1(3) reads
as follows:
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(3) In the case of any person convicted of first degree murder or
second degree murder who was under the age of eighteen at the time of
the commission of the offence and who is sentenced to imprisonment
for life without eligibility for parole for a specified number of years
pursuant to this Act, until the expiration of all but one fifth of the period
of imprisonment the person is to serve without eligibility for parole,
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(c) except with the approval of the National Parole Board, no
absence with escort otherwise than for medical reasons or in order
to attend judicial proceedings or a coroner's inquest may be
authorized under either of those Acts.
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