Bill C-620

3rd Session, 40th Parliament,

59-60 Elizabeth II, 2010-2011

house of commons of canada

BILL C-620

An Act to amend the Corrections and Conditional Release Act (parole review and victim impact statement)

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

SHORT TITLE

1. This Act may be cited as the Fairness for Victims of Violent Offenders Act.

2. Section 123 of the Corrections and Conditional Release Act is amended by adding the following after subsection (5):

3. Section 131 of the Act is amended by adding the following after subsection (1):

4. Section 140 of the Act is amended by adding the following after subsection (9):

5. Paragraph 142(1)(b) of the Act is amended by striking out “and” at the end of subparagraph (vii), by adding “and” at the end of subparagraph (viii) and by adding the following after subparagraph (viii):

TRANSITIONAL PROVISIONS

6. Subsections 123(5.1) to (5.4) of the Corrections and Conditional Release Act, as enacted by section 2 of this Act, apply only to offenders who are sentenced for an offence involving violence on or after the day on which this Act comes into force.

7. Subsection 131(1.1) of the Corrections and Conditional Release Act, as enacted by section 3 of this Act, applies only to offenders who are sentenced for an offence causing death or serious harm to another person on or after the day on which this Act comes into force.

COORDINATING AMENDMENTS

8. (1) Subsections (2) to (10) apply if Bill C-39, introduced in the 3rd session of the 40th Parliament and entitled An Act to amend the Corrections and Conditional Release Act and to make consequential amendments to other Acts (in this section referred to as the “other Act”), receives royal assent.

(2) If section 2 of this Act comes into force before subsection 28(2) of the other Act, then the day on which that subsection 28(2) comes into force, subsection 123(5.1) of the Corrections and Conditional Release Act, as enacted by that subsection 28(2), is replaced by the following:

(5.1) Notwithstanding subsection (5), if the Board decides not to grant parole to an offender who is serving a sentence for an offence involving violence following a review under subsection (1) or section 122 or if a review is not made by virtue of subsection (2), the Board shall conduct another review within four years after the later of the day on which the review took place or was scheduled to take place and thereafter within four years after that day until

(a) the offender is released on full parole or on statutory release;

(b) the offender’s sentence expires; or

(c) less than four months remain to be served before the offender’s statutory release date.

(5.2) If the Board cancels or terminates parole for an offender who is serving a sentence for an offence involving violence, it shall conduct another review within four years after the cancellation or termination and, after that date, within four years after the day on which each preceding review takes place until

(a) the offender is released on full parole or on statutory release;

(b) the offender’s sentence expires; or

(c) less than four months remain to be served before the offender’s statutory release date.

(5.3) If the Board decides, pursuant to subsection (5.1), not to grant parole to the offender serving a sentence for an offence involving violence, it shall report its refusal and its reasons to the offender.

(5.4) In subsections (5.1) to (5.3), “offence involving violence” means murder or any offence set out in Schedule I.

(3) If subsection 28(2) of the other Act comes into force before section 2 of this Act, then on the day on which that section 2 comes into force, subsection 123(5.1) of the Corrections and Conditional Release Act is replaced by the following:

(5.1) Notwithstanding subsection (5), if the Board decides not to grant parole to an offender who is serving a sentence for an offence involving violence following a review under subsection (1) or section 122 or if a review is not made by virtue of subsection (2), the Board shall conduct another review within four years after the later of the day on which the review took place or was scheduled to take place and thereafter within four years after that day until

(a) the offender is released on full parole or on statutory release;

(b) the offender’s sentence expires; or

(c) less than four months remain to be served before the offender’s statutory release date.

(5.2) If the Board cancels or terminates parole for an offender who is serving a sentence for an offence involving violence, it shall conduct another review within four years after the cancellation or termination and, after that date, within four years after the day on which each preceding review takes place until

(a) the offender is released on full parole or on statutory release;

(b) the offender’s sentence expires; or

(c) less than four months remain to be served before the offender’s statutory release date.

(5.3) If the Board decides, pursuant to subsection (5.1), not to grant parole to the offender serving a sentence for an offence involving violence, it shall report its refusal and its reasons to the offender.

(5.4) In subsections (5.1) to (5.3), “offence involving violence” means murder or any offence set out in Schedule I.

(4) If subsection 28(2) of the other Act comes into force on the same day as section 2 of this Act, then that subsection 28(2) is deemed to have come into force before that section 2, and subsection (3) applies as a consequence.

(5) If section 4 of this Act comes into force before subsection 46(2) of the other Act, then on the day on which that subsection 46(2) comes into force, subsection 140(11) of the Corrections and Conditional Release Act, as enacted by that subsection 46(2), is replaced by the following:

(10.1) The Board shall, in its review of whether an offender should be released, consider any statement that has been presented in accordance with paragraph (10)(a) or (b).

(11) If a victim or a person referred to in subsection 142(3) is not attending a hearing, their statement may be presented at the hearing in the form of a written statement, which may be accompanied by an audio or video recording, or in any other form provided for by regulation.

(6) If subsection 46(2) of the other Act comes into force before section 4 of this Act, then on the day on which that section 4 comes into force, subsection 140(11) of the Corrections and Conditional Release Act is replaced by the following:

(10.1) The Board shall, in its review of whether an offender should be released, consider any statement that has been presented in accordance with paragraph (10)(a) or (b).

(11) If a victim or a person referred to in subsection 142(3) is not attending a hearing, their statement may be presented at the hearing in the form of a written statement, which may be accompanied by an audio or video recording, or in any other form provided for by regulation.

(7) If subsection 46(2) of the other Act comes into force on the same day as section 4 of this Act, then that subsection 46(2) is deemed to have come into force before that section 4, and subsection (6) applies as a consequence.

(8) If section 5 of this Act comes into force before section 48 of the other Act, then on the day on which that section 5 comes into force, section 48 of the other Act is replaced by the following:

48. Paragraph 142(1)(b) of the Act is amended by striking out “and” at the end of subparagraph (viii) and by replacing subparagraph (ix) by the following:

(ix) the reason for a waiver of the right to a hearing under subsection 140(1) if the offender gives one, and

(x) any other information obtained by the Board that is to be considered in the review of the case of the offender and that the victim requests.

(9) If section 48 of the other Act comes into force before section 5 of this Act, then on the day on which that section 5 comes into force, paragraph 142(1)(b) of the Corrections and Conditional Release Act is amended by striking out “and” at the end of subparagraph (viii), by adding “and” at the end of subparagraph (ix) and by adding the following after subparagraph (ix):

(x) any other information obtained by the Board that is to be considered in the review of the case of the offender and that the victim requests.

(10) If section 48 of the other Act comes into force on the same day as section 5 of this Act, then that section 48 is deemed to have come into force before that section 5, and subsection (9) applies as a consequence.