Bill C-55

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	2nd Session, 35th Parliament, 45-46 Elizabeth II, 1996-97
	The House of Commons of Canada
	BILL C-55
	An Act to amend the Criminal Code (high risk offenders), the Corrections and Conditional Release Act, the Criminal Records Act, the Prisons and Reformatories Act and the Department of the Solicitor General Act
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-46; R.S., cc. 2, 11, 27, 31, 47, 51, 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42	CRIMINAL CODE
	*1. (1) Section 731 of the Criminal Code* is amended by adding the following after subsection (3):**
Long-term supervision	(3.1) Notwithstanding subsection (3), an offender who is required to be supervised by an order made under paragraph 753.1(3)(b) and who is sentenced for another offence during the period of the supervision shall be sentenced to imprisonment in a penitentiary.
	(2) On the later of the coming into force of subsection 731(3.1) of the Criminal Code, as enacted by subsection (1), and section 743.1 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in consequence thereof, being chapter 22 of the Statutes of Canada, 1995, subsection 731(3.1) of the Criminal Code is repealed and section 743.1 of the Criminal Code is amended by adding the following after subsection (3):
Long-term supervision	(3.1) Notwithstanding subsection (3), an offender who is required to be supervised by an order made under paragraph 753.1(3)(b) and who is sentenced for another offence during the period of the supervision shall be sentenced to imprisonment in a penitentiary.
1995, c. 42, s. 76	2. (1) The portion of subsection 747(3) of the Act before paragraph (a) is replaced by the following:
Young offenders	(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,
	(2) On the later of the coming into force of subsection 747(3) of the Criminal Code, 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, subsection 747(3) of the Criminal Code is repealed and the portion of subsection 746.1(3) of the Criminal Code before paragraph (a) is replaced by the following:
Young offenders	(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,
	3. The heading ``DANGEROUS OFFENDERS'' before section 752 of the Act is replaced by the following:
	DANGEROUS OFFENDERS AND LONG-TERM OFFENDERS
	4. Section 753 of the Act and the heading before it are replaced by the following:
	Dangerous Offenders and Long-Term Offenders
Application for remand for assessment	752.1 (1) Where an offender is convicted of a serious personal injury offence or an offence referred to in paragraph 753.1(2)(a) and, before sentence is imposed on the offender, on application by the prosecution, the court is of the opinion that there are reasonable grounds to believe that the offender might be found to be a dangerous offender under section 753 or a long-term offender under section 753.1, the court may, by order in writing, remand the offender, for a period not exceeding sixty days, to the custody of the person that the court directs and who can perform an assessment, or can have an assessment performed by experts. The assessment is to be used as evidence in an application under section 753 or 753.1.
Report	(2) The person to whom the offender is remanded shall file a report of the assessment with the court not later than fifteen days after the end of the assessment period and make copies of it available to the prosecutor and counsel for the offender.
Application for finding that an offender is a dangerous offender	753. (1) The court may, on application made under this Part following the filing of an assessment report under subsection 752.1(2), find the offender to be a dangerous offender if it is satisfied
	(a) that the offence for which the offender has been convicted is a serious personal injury offence described in paragraph (a) of the definition of that expression in section 752 and the offender constitutes a threat to the life, safety or physical or mental well-being of other persons on the basis of evidence establishing
	(i) a pattern of repetitive behaviour by the offender, of which the offence for which he or she has been convicted forms a part, showing a failure to restrain his or her behaviour and a likelihood of causing death or injury to other persons, or inflicting severe psychological damage on other persons, through failure in the future to restrain his or her behaviour,
	(ii) a pattern of persistent aggressive behaviour by the offender, of which the offence for which he or she has been convicted forms a part, showing a substantial degree of indifference on the part of the offender respecting the reasonably foreseeable consequences to other persons of his or her behaviour, or
	(iii) any behaviour by the offender, associated with the offence for which he or she has been convicted, that is of such a brutal nature as to compel the conclusion that the offender's behaviour in the future is unlikely to be inhibited by normal standards of behavioural restraint; or
	(b) that the offence for which the offender has been convicted is a serious personal injury offence described in paragraph (b) of the definition of that expression in section 752 and the offender, by his or her conduct in any sexual matter including that involved in the commission of the offence for which he or she has been convicted, has shown a failure to control his or her sexual impulses and a likelihood of causing injury, pain or other evil to other persons through failure in the future to control his or her sexual impulses.
Time for making application	(2) An application under subsection (1) must be made before sentence is imposed on the offender unless
	(a) before the imposition of sentence, the prosecution gives notice to the offender of a possible intention to make an application under section 752.1 and an application under subsection (1) not later than six months after that imposition; and
	(b) at the time of the application under subsection (1) that is not later than six months after the imposition of sentence, it is shown that relevant evidence that was not reasonably available to the prosecution at the time of the imposition of sentence became available in the interim.
Application for remand for assessment after imposition of sentence	(3) Notwithstanding subsection 752.1(1), an application under that subsection may be made after the imposition of sentence or after an offender begins to serve the sentence in a case to which paragraphs (2)(a) and (b) apply.
If offender found to be dangerous offender	(4) If the court finds an offender to be a dangerous offender, it shall impose a sentence of detention in a penitentiary for an indeterminate period.
If application made after sentencing	(4.1) If the application was made after the offender begins to serve the sentence in a case to which paragraphs (2)(a) and (b) apply, the sentence of detention in a penitentiary for an indeterminate period referred to in subsection (4) replaces the sentence that was imposed for the offence for which the offender was convicted.
If offender not found to be dangerous offender	(5) If the court does not find an offender to be a dangerous offender,
	(a) the court may treat the application as an application to find the offender to be a long-term offender, section 753.1 applies to the application and the court may either find that the offender is a long-term offender or hold another hearing for that purpose; or
	(b) the court may impose sentence for the offence for which the offender has been convicted.
Victim evidence	(6) Any evidence given during the hearing of an application made under subsection (1) by a victim of an offence for which the offender was convicted is deemed also to have been given during any hearing under paragraph (5)(a) held with respect to the offender.
Application for finding that an offender is a long-term offender	753.1 (1) The court may, on application made under this Part following the filing of an assessment report under subsection 752.1(2), find an offender to be a long-term offender if it is satisfied that
	(a) it would be appropriate to impose a sentence of imprisonment of two years or more for the offence for which the offender has been convicted;
	(b) there is a substantial risk that the offender will reoffend; and
	(c) there is a reasonable possibility of eventual control of the risk in the community.
Substantial risk	(2) The court shall be satisfied that there is a substantial risk that the offender will reoffend if
	(a) the offender has been convicted of an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 173(2) (exposure) or section 271 (sexual assault), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and
	(b) the offender
	(i) has shown a pattern of repetitive behaviour, of which the offence for which he or she has been convicted forms a part, that shows a likelihood of the offender's causing death or injury to other persons or inflicting severe psychological damage on other persons, or
	(ii) by conduct in any sexual matter including that involved in the commission of the offence for which the offender has been convicted, has shown a likelihood of causing injury, pain or other evil to other persons in the future through similar offences.
If offender found to be long-term offender	(3) Subject to subsections (3.1), (4) and (5), if the court finds an offender to be a long-term offender, it shall
	(a) impose a sentence for the offence for which the offender has been convicted, which sentence must be a minimum punishment of imprisonment for a term of two years; and
	(b) order the offender to be supervised in the community, for a period not exceeding ten years, in accordance with section 753.2 and the Corrections and Conditional Release Act.
Exception - if application made after sentencing	(3.1) The court may not impose a sentence under paragraph (3)(a) and the sentence that was imposed for the offence for which the offender was convicted stands despite the offender's being found to be a long-term offender, if the application was one that
	(a) was made after the offender begins to serve the sentence in a case to which paragraphs 753(2)(a) and (b) apply; and
	(b) was treated as an application under this section further to the court deciding to do so under paragraph 753(5)(a).
Exception - life sentence	(4) The court shall not make an order under paragraph (3)(b) if the offender has been sentenced to life imprisonment.
Exception to length of supervision where new declaration	(5) If the offender commits another offence while required to be supervised by an order made under paragraph (3)(b), and is thereby found to be a long-term offender, the periods of supervision to which the offender is subject at any particular time must not total more than ten years.
If offender not found to be long-term offender	(6) If the court does not find an offender to be a long-term offender, the court shall impose sentence for the offence for which the offender has been convicted.
Long-term supervision	753.2 (1) Subject to subsection (2), an offender who is required to be supervised by an order made under paragraph 753.1(3)(b) shall be supervised in accordance with the Corrections and Conditional Release Act when the offender has finished serving
	(a) the sentence for the offence for which the offender has been convicted; and
	(b) all other sentences for offences for which the offender is convicted and for which sentence of a term of imprisonment is imposed on the offender, either before or after the conviction for the offence referred to in paragraph (a).
Non-carceral sentences	(2) A sentence imposed on an offender referred to in subsection (1), other than a sentence that requires imprisonment of the offender, is to be served concurrently with the long-term supervision ordered under paragraph 753.1(3)(b).
Application for reduction in period of long-term supervision	(3) An offender who is required to be supervised, a member of the National Parole Board, or, on approval of that Board, the parole supervisor, as that expression is defined in subsection 134.2(2) of the Corrections and Conditional Release Act, of the offender, may apply to a superior court of criminal jurisdiction for an order reducing the period of long-term supervision or terminating it on the ground that the offender no longer presents a substantial risk of reoffending and thereby being a danger to the community. The onus of proving that ground is on the applicant.
Notice to Attorney General	(4) The applicant must give notice of an application under subsection (3) to the Attorney General at the time the application is made.
Breach of order of long-term supervision	753.3 (1) An offender who is required to be supervised by an order made under paragraph 753.1(3)(b) and who, without reasonable excuse, fails or refuses to comply with that order is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Where accused may be tried and punished	(2) An accused who is charged with an offence under subsection (1) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody, but if the place where the accused is found, is arrested or is in custody is outside the province in which the offence is alleged to have been committed, no proceedings in respect of that offence shall be instituted in that place without the consent of the Attorney General of that province.
Where new offence	753.4 (1) Where an offender who is required to be supervised by an order made under paragraph 753.1(3)(b) commits one or more offences under this or any other Act and a court imposes a sentence of imprisonment for the offence or offences, the long-term supervision is interrupted until the offender has finished serving all the sentences, unless the court orders its termination.
Reduction in term of long-term supervision	(2) A court that imposes a sentence of imprisonment under subsection (1) may order a reduction in the length of the period of the offender's long-term supervision.
	5. Sections 755 to 757 of the Act are replaced by the following:
Evidence of character	757. Without prejudice to the right of the offender to tender evidence as to his or her character and repute, evidence of character and repute may, if the court thinks fit, be admitted on the question of whether the offender is or is not a dangerous offender or a long-term offender.
	6. Subsections 759(1) to (5) of the Act are replaced by the following:
Appeal - dangerous offender	759. (1) An offender who is found to be a dangerous offender under this Part may appeal to the court of appeal against that finding on any ground of law or fact or mixed law and fact.
Appeal - long-term offender	(1.1) An offender who is found to be a long-term offender under this Part may appeal to the court of appeal against that finding or against the length of the period of long-term supervision ordered, on any ground of law or fact or mixed law and fact.
Appeal by Attorney General	(2) The Attorney General may appeal to the court of appeal against the dismissal of an application for an order under this Part, or against the length of the period of long-term supervision of a long-term offender, on any ground of law.
Disposition of appeal - dangerous offender	(3) On an appeal against a finding that an offender is a dangerous offender, the court of appeal may
	(a) allow the appeal and
	(i) 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,
	(ii) find that the offender is not a dangerous offender and impose sentence for the offence for which the offender has been convicted, or
	(iii) order a new hearing; or
	(b) dismiss the appeal.
Disposition of appeal - long-term offender	(3.1) On an appeal against a finding that an offender is a long-term offender, the court of appeal may

Bill C-55

BILL C-55

CRIMINAL CODE

DANGEROUS OFFENDERS AND LONG-TERM OFFENDERS

Dangerous Offenders and Long-Term Offenders