Bill C-55
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2nd Session, 35th Parliament, 45-46 Elizabeth II, 1996-97
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The House of Commons of Canada
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BILL C-55 |
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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
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| 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
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CRIMINAL CODE |
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1. (1) Section 731 of the Criminal Code is
amended by adding the following after
subsection (3):
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| Long-term
supervision
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(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.
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(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731(3.1) of the Criminal Code is repealed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):
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| Long-term
supervision
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(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.
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| 1995, c. 42,
s. 76
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2. (1) The portion of subsection 747(3) of
the Act before paragraph (a) is replaced by
the following:
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| Young
offenders
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(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,
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(2) On the later of the coming into force
of subsection747(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:
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| Young
offenders
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(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,
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3. The heading ``DANGEROUS
OFFENDERS'' before section 752 of the
Act is replaced by the following:
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DANGEROUS OFFENDERS AND LONG-TERM OFFENDERS |
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4. Section 753 of the Act and the heading
before it are replaced by the following:
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Dangerous Offenders and Long-Term Offenders |
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| Application
for remand
for assessment
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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.
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| Report
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(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.
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| Application
for finding
that an
offender is a
dangerous
offender
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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
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| Time for
making
application
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(2) An application under subsection (1)
must be made before sentence is imposed on
the offender unless
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| Application
for remand
for assessment
after
imposition of
sentence
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(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.
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| If offender
found to be
dangerous
offender
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(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.
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| If application
made after
sentencing
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(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.
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| If offender not
found to be
dangerous
offender
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(5) If the court does not find an offender to
be a dangerous offender,
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| Victim
evidence
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(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.
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| Application
for finding
that an
offender is a
long-term
offender
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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
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| Substantial
risk
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(2) The court shall be satisfied that there is
a substantial risk that the offender will
reoffend if
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| If offender
found to be
long-term
offender
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(3) Subject to subsections (3.1), (4) and (5),
if the court finds an offender to be a long-term
offender, it shall
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| Exception -
if application
made after
sentencing
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(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
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| Exception -
life sentence
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(4) The court shall not make an order under
paragraph (3)(b) if the offender has been
sentenced to life imprisonment.
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| Exception to
length of
supervision
where new
declaration
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(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.
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| If offender not
found to be
long-term
offender
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(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.
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| Long-term
supervision
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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
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| Non-carceral
sentences
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(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).
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| Application
for reduction
in period of
long-term
supervision
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(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.
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| Notice to
Attorney
General
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(4) The applicant must give notice of an
application under subsection (3) to the
Attorney General at the time the application is
made.
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| Breach of
order of
long-term
supervision
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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.
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| Where
accused may
be tried and
punished
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(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.
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| Where new
offence
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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.
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| Reduction in
term of
long-term
supervision
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(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.
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5. Sections 755 to 757 of the Act are
replaced by the following:
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| Evidence of
character
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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.
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6. Subsections 759(1) to (5) of the Act are
replaced by the following:
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| Appeal -
dangerous
offender
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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.
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| Appeal -
long-term
offender
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(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.
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| Appeal by
Attorney
General
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(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.
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| Disposition of
appeal -
dangerous
offender
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(3) On an appeal against a finding that an
offender is a dangerous offender, the court of
appeal may
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| Disposition of
appeal -
long-term
offender
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(3.1) On an appeal against a finding that an
offender is a long-term offender, the court of
appeal may
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