Bill C-55

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	(a) allow the appeal and
	(i) find that the offender is a dangerous offender,
	(ii) find that the offender is not a dangerous offender, find that the offender is a long-term offender, impose a minimum sentence of imprisonment for two years, for the offence for which the offender has been convicted, and order the offender to be supervised in the community, for a period that does not, subject to subsection 753.1(5), exceed ten years, in accordance with section 753.2 and the Corrections and Conditional Release Act, or
	(iii) order a new hearing ; or
	(b) dismiss the appeal.
Disposition of appeal by Attorney General	(4.1) On an appeal by the Attorney General against the length of a period of long-term supervision of a long-term offender, the court of appeal may
	(a) allow the appeal and change the length of the period; or
	(b) dismiss the appeal.
Disposition of appeal by Attorney General	(4.2) On an appeal against the dismissal of an application for a finding that an offender is a long-term offender under this Part, the court of appeal may
	(a) allow the appeal and
	(i) find that the offender is a long-term offender, impose a minimum sentence of imprisonment for two years, for the offence for which the offender has been convicted, and order the offender to be supervised in the community, for a period that does not, subject to subsection 753.1(5), exceed ten years, in accordance with section 753.2 and the Corrections and Conditional Release Act, or
	(ii) order a new hearing; or
	(b) dismiss the appeal.
Effect of judgment	(5) A judgment of the court of appeal finding that an offender is or is not a dangerous offender or a long-term offender, or changing the length of the period of long-term supervision ordered , has the same force and effect as if it were a finding by or judgment of the trial court.
	7. Section 760 of the Act is replaced by the following:
Disclosure to Correctional Service of Canada	760. Where a court finds an offender to be a dangerous offender or a long-term offender , the court shall order that a copy of all reports and testimony given by psychiatrists, psychologists, criminologists and other experts and any observations of the court with respect to the reasons for the finding , together with a transcript of the trial of the offender, be forwarded to the Correctional Service of Canada for information.
1992, c. 20, par. 215(1)(a)	8. Subsection 761(1) of the Act is replaced by the following:
Review for parole	761. (1) Subject to subsection (2), where a person is in custody under a sentence of detention in a penitentiary for an indeterminate period, the National Parole Board shall, as soon as possible after the expiration of seven years from the day on which that person was taken into custody and not later than every two years after the previous review , review the condition, history and circumstances of that person for the purpose of determining whether he or she should be granted parole under Part II of the Corrections and Conditional Release Act and, if so, on what conditions.
	9. (1) The Act is amended by adding the following after section 810.1:
Where fear of serious personal injury offence	810.2 (1) Where the Attorney General believes that there are reasonable grounds to fear that another person will commit a serious personal injury offence, as that expression is defined in section 752, in respect of one or more persons, the Attorney General may lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named.
Duty of provincial court judge	(2) A provincial court judge who receives an information under subsection (1) shall cause the parties to appear before the provincial court judge.
Adjudication	(3) The provincial court judge before whom the parties appear may, if satisfied by the evidence adduced that the Attorney General has reasonable grounds for the fear, order that the defendant enter into a recognizance to keep the peace and be of good behaviour for any period that does not exceed twelve months and to comply with any other reasonable conditions prescribed in the recognizance, including the conditions set out in subsections (4) and (5), that the provincial court judge considers desirable for securing the good conduct of the defendant.
Refusal to enter into recognizance	(4) The provincial court judge may commit the defendant to prison for a term not exceeding twelve months if the defendant fails or refuses to enter into the recognizance.
Conditions - firearms	(5) Before making an order under subsection (3), the provincial court judge shall consider whether it is desirable, in the interests of the safety of the defendant or of any other person, to include as a condition of the recognizance that the defendant be prohibited from possessing any firearm or any ammunition or explosive substance for any period of time specified in the recognizance and that the defendant surrender any firearms acquisition certificate that the defendant possesses, and where the provincial court judge decides that it is not desirable, in the interests of the safety of the defendant or any other person, for the defendant to possess any of those things, the provincial court judge may add the appropriate condition to the recognizance.
Conditions - reporting and monitoring	(6) Before making an order under subsection (3), the provincial court judge shall consider whether it is desirable to include as a condition of the recognizance that the defendant report to the correctional authority of a province or to an appropriate police authority or to comply with a program of electronic monitoring, if such a program is available in the place in which the defendant resides, and where the provincial court judge decides that it is desirable for the defendant to so report or be monitored, the provincial court judge may add the appropriate condition to the recognizance.
Variance of conditions	(7) The provincial court judge may, on application of the Attorney General or of the defendant, vary the conditions fixed in the recognizance.
Other provisions to apply	(8) Subsections 810(4) and (5) apply, with such modifications as the circumstances require, to recognizances made under this section.
	(2) On the later of the coming into force of subsection 810.2(5) of the Criminal Code, as enacted by section 9 of this Act, and subsections 810(3.1) to (3.12) of the Criminal Code, as enacted by section 157 of the Firearms Act, being chapter 39 of the Statutes of Canada, 1995, subsection 810.2(5) of the Criminal Code is replaced by the following:
Conditions - firearms	(5) Before making an order under subsection (3), the provincial court judge shall consider whether it is desirable, in the interests of the safety of the defendant or of any other person, to include as a condition of the recognizance that the defendant be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for any period specified in the recognizance, and where the provincial court judge decides that it is so desirable, the provincial court judge shall add such a condition to the recognizance.
Surrender, etc.	(5.1) Where the provincial court judge adds a condition described in subsection (5) to a recognizance order, the provincial court judge shall specify in the order the manner and method by which
	(a) the things referred to in that subsection that are in the possession of the defendant shall be surrendered, disposed of, detained, stored or dealt with; and
	(b) the authorizations, licences and registration certificates held by the defendant shall be surrendered.
Reasons	(5.2) Where the provincial court judge does not add a condition described in subsection (5) to a recognizance order, the provincial court judge shall include in the record a statement of the reasons for not adding the condition.
1994, c. 44, s. 82	10. The portion of section 811 of the Act before paragraph (a) is replaced by the following:
Breach of recognizance	811. A person bound by a recognizance under section 810, 810.1 or 810.2 who commits a breach of the recognizance is guilty of
1992, c. 20; 1993, c. 34; 1995, cc. 22, 39, 42	CORRECTIONS AND CONDITIONAL RELEASE ACT
	11. *Subsection 2(1) of the Corrections and Conditional Release Act* is amended by adding the following in alphabetical order:**
``long-term supervision'' « surveillan- ce de longue durée »	``long-term supervision'' means long-term supervision ordered under paragraph 753.1(3)(b) of the Criminal Code;
	12. The Act is amended by adding the following after section 2:
Application to persons subject to long-term supervision order	2.1 A person who is required to be supervised by an order made under paragraph 753.1(3)(b) of the Criminal Code is deemed to be an offender for the purposes of this Part, and sections 3, 4, 23 to 27, 55 and 56, subsections 57(2) and 66(3), sections 68, 69, 76, 77 and 79 to 82, paragraph 87(b) and sections 90 and 91 apply, with such modifications as the circumstances require, to the person and to the long-term supervision of that person.
	13. Paragraph 5(d) of the Act is replaced by the following:
	(d) parole, statutory release supervision and long-term supervision of offenders ; and
1995, c. 42, s. 3	14. Paragraph 10(a) of the Act is replaced by the following:
	(a) an offender subject to a warrant or to an order for long-term supervision ; and
	15. The Act is amended by adding the following after section 84:
Plans with respect to long-term supervision	84.1 Where an offender who is required to be supervised by an order made under paragraph 753.1(3)(b) of the Criminal Code has expressed an interest in being supervised in an aboriginal community, the Service shall, if the offender consents, give the aboriginal community
	(a) adequate notice of the order; and
	(b) an opportunity to propose a plan for the offender's release on supervision, and integration, into the aboriginal community.
	16. The heading ``CONDITIONAL RELEASE AND DETENTION'' before section 99 of the Act is replaced by the following:
	CONDITIONAL RELEASE, DETENTION AND LONG-TERM SUPERVISION
	17. (1) The definitions ``libération conditionnelle totale'' and ``semi-liberté'' in subsection 99(1) of the French version of the Act are replaced by the following:
« libération condition- nelle totale » ``full parole''	« libération conditionnelle totale » Régime accordé sous l'autorité de la Commission ou d'une commission provinciale et permettant au délinquant qui en bénéficie d'être en liberté pendant qu'il purge sa peine .
« semi- liberté » ``day parole''	« semi-liberté » Régime de libération conditionnelle limitée accordé au délinquant , pendant qu'il purge sa peine , sous l'autorité de la Commission ou d'une commission provinciale en vue de le préparer à la libération conditionnelle totale ou à la libération d'office et dans le cadre duquel le délinquant réintègre l'établissement résidentiel communautaire, le pénitencier ou l'établissement correctionnel provincial chaque soir, à moins d'autorisation écrite contraire.
	(2) Subsection 99(1) of the Act is amended by adding the following in alphabetical order:
``long-term supervision'' « surveillan- ce de longue durée »	``long-term supervision'' has the same meaning as in Part I;
	18. The Act is amended by adding the following after section 99:
Application to persons subject to long-term supervision order	99.1 A person who is required to be supervised by an order made under paragraph 753.1(3)(b) of the Criminal Code is deemed to be an offender for the purposes of this Part, and sections 100, 101, 109 to 111 and 140 to 145 apply, with such modifications as the circumstances require, to the person and to the long-term supervision of that person.
1995, c. 42, s. 31	19. (1) Paragraphs 115(1)(a) and (b) of the Act are replaced by the following:
	(a) in the case of an offender serving a life sentence, other than an offender referred to in paragraph (a.1) , the period required to be served by the offender to reach the offender's full parole eligibility date less three years;
	(a.1) in the case of an offender described in subsection 747(3) of the Criminal Code, the longer of
	(i) the period that expires when all but one fifth of the period of imprisonment the offender is to serve without eligibility for parole has been served, and
	(ii) the period required to be served by the offender to reach the offender's full parole eligibility date, determined in accordance with subsection 120.2(2), less three years;
	(b) in the case of an offender serving a sentence for an indeterminate period, other than an offender referred to in paragraph (b.1), the longer of
	(i) the period required to be served by the offender to reach the offender's full parole eligibility date, determined in accordance with section 761 of the Criminal Code, less three years, and
	(ii) the period required to be served by the offender to reach the offender's full parole eligibility date, determined in accordance with subsection 120.2(2), less three years;
	(b.1) in the case of an offender serving a sentence for an indeterminate period as of the date on which this paragraph comes into force, the longer of
	(i) three years, and
	(ii) the period required to be served by the offender to reach the offender's full parole eligibility date, determined in accordance with subsection 120.2(2), less three years; and
	(2) On the later of the coming into force of paragraph 115(1)(a.1) of the Corrections and Conditional Release Act, as enacted by subsection (1), and subsection 746.1(3) of the Criminal Code, as enacted by section 6 of An Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof, being chapter 22 of the Statutes of Canada, 1995, the portion of paragraph 115(1)(a.1) of the Corrections and Conditional Release Act before subparagraph (i) is replaced by the following:
	(a.1) in the case of an offender described in subsection 746.1(3) of the Criminal Code, the longer of
	20. (1) Paragraph 119(1)(b) of the Act is replaced by the following:
	(b) where the offender is an offender, other than an offender referred to in paragraph (b.1), who was sentenced to detention in a penitentiary for an indeterminate period, the longer of
	(i) the period required to be served by the offender to reach the offender's full parole eligibility date, determined in accordance with section 761 of the Criminal Code, less three years, and
	(ii) the period required to be served by the offender to reach the offender's full parole eligibility date, determined in accordance with subsection 120.2(2), less three years;
	(b.1) where the offender was sentenced to detention in a penitentiary for an indeterminate period as of the date on which this paragraph comes into force, the longer of
	(i) three years, and
	(ii) the period required to be served by the offender to reach the offender's full parole eligibility date, determined in accordance with subsection 120.2(2), less three years;
1995, c. 42, par. 69(c)(E)	(2) Paragraph 119(1)(d) of the French version of the Act is replaced by the following:
	d) dans le cas du délinquant qui purge une peine inférieure à deux ans, la moitié de la peine à purger avant cette même date.
1995, c. 42, s. 33	(3) Subsection 119(1.1) of the Act is replaced by the following:
When eligible for day parole - life sentence	(1.1) Notwithstanding section 747 of the Criminal Code, in the circumstances described in subsection 120.2(2) or (3), an offender described in subsection 747(1) or (2) of the Criminal Code shall not be released on day parole until three years before the day that is determined in accordance with subsection 120.2(2) or (3) .
When eligible for day parole - young offender sentenced to life imprisonment	(1.2) Notwithstanding section 747 of the Criminal Code, in the circumstances described in subsection 120.2(2) or (3), the portion of the sentence of an offender described in subsection 747(3) of the Criminal Code that must be served before the offender may be released on day parole is the longer of
	(a) the period that expires when all but one fifth of the period of imprisonment the offender is to serve without eligibility for parole has been served, and

Bill C-55

CORRECTIONS AND CONDITIONAL RELEASE ACT

CONDITIONAL RELEASE, DETENTION AND LONG-TERM SUPERVISION