Bill S-219
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- ENGLISH
- SUMMARY SUMMARY
- Corrections and Conditional Release Act Corrections and Conditional Release Act
- Coordinating Amendment Coordinating Amendment
- EXPLANATORY NOTES EXPLANATORY NOTES
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Second Session, Forty-third Parliament, 69 Elizabeth II, 2020 |
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SENATE OF CANADA |
An Act to amend the Corrections and Conditional Release Act (disclosure of information to victims)
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FIRST READING, December 1, 2020
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THE HONOURABLE SENATOR Boisvenu |
SUMMARY
This enactment amends the Corrections and Conditional Release Act to provide that information disclosed to the victim of an offence regarding eligibility dates and review dates applicable to the offender in respect of temporary absences, parole or statutory releases or must include an explanation of how the dates were determined.
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Available on the Senate of Canada website at the following address:
www.sencanada.ca/en |
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2nd Session, 43rd Parliament, 69 Elizabeth II, 2020 |
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SENATE OF CANADA |
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BILL S-219 |
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An Act to amend the Corrections and Conditional Release Act (disclosure of information to victims) |
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
1 (1) Subparagraph 26(1)(a)(iv) of the Corrections and Conditional Release Act is replaced by the following:
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(iv) eligibility dates and review dates applicable to the offender under this Act in respect of temporary absences or parole Insertion start , and an explanation of how those dates have been determined Insertion end ;
(2) Subparagraph 26(1)(c)(i) of the Act is replaced by the following:
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(i) the date, if any, on which the offender is to be released on temporary absence, work release, parole or statutory release, Insertion start and an explanation of how that date has been determined, Insertion end
2 (1) Subparagraph 142(1)(a)(iv) of the Act is replaced by the following:
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(iv) eligibility dates and review dates applicable to the offender under this Part in respect of unescorted temporary absences or parole Insertion start , and an explanation of how those dates have been determined Insertion end ; and
(2) Subparagraph 142(1)(b)(iii) of the Act is replaced by the following:
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(iii) the date, if any, on which the offender is to be released on unescorted temporary absence, escorted temporary absence Insertion start if Insertion end the Board has approved the absence as required by subsection 746.1(2) of the Criminal Code, parole or statutory release, Insertion start and an explanation of how that date has been determined, Insertion end
Coordinating Amendment
2015, c. 11
3 (1) In this section, “other Act” means An Act to Bring Fairness for the Victims of Violent Offenders.
(2) If section 6 of the other Act comes into force before subsection 2(2) of this Act, then
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(a) that subsection 2(2) is deemed never to have come into force and is repealed; and
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(b) subparagraph 142(1)(c)(i) of the Corrections and Conditional Release Act is replaced by the following:
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(i) the date, if any, on which the offender is to be released on unescorted temporary absence, escorted temporary absence if the Board has approved the absence as required by subsection 746.1(2) of the Criminal Code, parole or statutory release, Insertion start and an explanation of how that date has been determined, Insertion end
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(3) If subsection 2(2) of this Act comes into force before section 6 of the other Act, then, on the day on which that section 6 comes into force, subparagraph 142(1)(c)(i) of the Corrections and Conditional Release Act is replaced by the following:
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(i) the date, if any, on which the offender is to be released on unescorted temporary absence, escorted temporary absence if the Board has approved the absence as required by subsection 746.1(2) of the Criminal Code, parole or statutory release, Insertion start and an explanation of how that date has been determined, Insertion end
(4) If section 6 of the other Act comes into force on the same day as subsection 2(2) of this Act, then that subsection 2(2) is deemed to have come into force before that section 6 and subsection (3) applies as a consequence.
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Published under authority of the Senate of Canada
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EXPLANATORY NOTES
26 (1) At the request of a victim of an offence committed by an offender, the Commissioner
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(a) shall disclose to the victim the following information about the offender:
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. . .
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(iv) eligibility dates and review dates applicable to the offender under this Act in respect of temporary absences or parole;
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. . .
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(c) shall disclose to the victim any of the following information about the offender, if, in the Commissioner’s opinion, the disclosure would not have a negative impact on the safety of the public:
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(i) 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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142 (1) At the request of a victim of an offence committed by an offender, the Chairperson
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(a) shall disclose to the victim the following information about the offender:
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. . .
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(iv) eligibility dates and review dates applicable to the offender under this Part in respect of unescorted temporary absences or parole; and
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(b) may disclose to the victim any of the following information about the offender, where in the Chairperson’s opinion the interest of the victim in the disclosure clearly outweighs any invasion of the offender’s privacy that could result from the disclosure, namely,
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. . .
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(iii) the date, if any, on which the offender is to be released on unescorted temporary absence, escorted temporary absence where the Board has approved the absence as required by subsection 746.1(2) of the Criminal Code, parole or statutory release,
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[6] (4) Subsection 142(1) of the [Corrections and Conditional Release] Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
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(c) shall disclose to the victim any of the following information about the offender, if, in the Chairperson’s opinion, the disclosure would not have a negative impact on the safety of the public:
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(i) the date, if any, on which the offender is to be released on unescorted temporary absence, escorted temporary absence if the Board has approved the absence as required by subsection 746.1(2) of the Criminal Code, parole or statutory release,
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