Bill C-45
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Idem
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(3) Notwithstanding the Corrections and
Conditional Release Act, 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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TRANSITIONAL PROVISIONS |
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Full parole
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88. Sections 120.1, 120.2 and 120.3 of the
Corrections and Conditional Release Act, as
enacted by section 34 of this Act, only apply
in respect of an offender who receives an
additional sentence after the coming into
force of those sections.
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Accelerated
parole reviews
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89. Subsections 125(1) and (1.1) of the
Corrections and Conditional Release Act, as
enacted by section 39 of this Act, apply to all
offenders, regardless of the day on which
they were sentenced, committed or
transferred to penitentiary, including
offenders whose cases have, before the day
on which those subsections came into force,
been referred to the Board pursuant to
section 126 of that Act but not including
offenders in respect of whose cases the
Board has, before the day on which those
subsections came into force, made a
direction under section 126 of that Act.
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Detention
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90. (1) Sections 129, 130 and 132 of the
Corrections and Conditional Release Act, as
enacted by sections 44, 45 and 47,
respectively, of this Act, apply to every
offender sentenced in respect of an offence
referred to in any of those provisions
regardless of the day on which the offender
was sentenced, committed of transferred to
penitentiary.
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Referral to
Board
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(2) The Service may, within thirty days
after the coming into force of paragraphs
129(2)(a) and (b) of the Corrections and
Conditional Release Act, as enacted by
subsection 44(2) of this Act, refer to the
Board the case of an offender where the
Service is of the opinion set out in
subparagraph 129(2)(a)(ii) of the
Corrections and Conditional Release Act, as
enacted by subsection 44(2) of this Act, even
if the referral takes place later than six
months before the day on which the
offender is entitled to be released on
statutory release.
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Idem
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(3) The Commissioner may, within thirty
days after the coming into force of
subsection 129(3) of the Corrections and
Conditional Release Act, as enacted by
subsection 44(3) of this Act, refer the case of
an offender who is serving a sentence of two
years or more to the Chairperson of the
Board for review under that subsection
later than six months before the day on
which the offender is entitled to be released
on statutory release, where the
Commissioner believes on reasonable
grounds that the offender is likely, before
the expiration of the sentence according to
law, to commit a sexual offence involving a
child.
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Revocation of
parole or
statutory
release
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91. The revocation of parole or statutory
release provided by subsection 135(9.1) of
the Corrections and Conditional Release
Act, as enacted by subsection 50(7) of this
Act, only applies where the additional
sentence is imposed after the coming into
force of subsection 135(9.1) of that Act.
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Interruption
of parole or
statutory
release
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92. (1) Where the sentence of an offender
who is on parole or statutory release is
interrupted pursuant to subsection 139(2)
of the Corrections and Conditional Release
Act, as it read immediately before the
coming into force of section 54 of this Act,
that sentence is not resumed until the later
sentence expires or until the parole or
statutory release is terminated or revoked.
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Idem
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(2) Where the sentence of an offender
who is on parole or statutory release is
interrupted pursuant to subsection 139(2)
of the Corrections and Conditional Release
Act, as it read immediately before the
coming into force of section 54 of this Act,
and the parole or statutory release is
terminated or revoked, the offender shall
serve the total of
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COMING INTO FORCE |
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Coming into
force
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93. This Act, any provision of this Act or
any provision of an Act amended or enacted
by this Act comes into force on a day or days
to be fixed by order of the Governor in
Council.
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