Bill C-55
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| Disposition of
appeal -
long-term
offender
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(3.2) On an appeal by a long-term offender
against the length of a period of long-term
supervision of the long-term offender, the
court of appeal may
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| Disposition of
appeal by
Attorney
General
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(4) On an appeal against the dismissal of an
application for an order that an offender is a
dangerous offender under this Part, the court
of appeal may
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| Disposition of
appeal by
Attorney
General
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(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
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| Disposition of
appeal by
Attorney
General
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(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
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| Effect of
judgment
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(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.
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7. Section 760 of the Act is replaced by the
following:
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| Disclosure to
Correctional
Service of
Canada
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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.
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| 1992, c. 20,
par. 215(1)(a)
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8. Subsection 761(1) of the Act is replaced
by the following:
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| Review for
parole
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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.
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9. (1) The Act is amended by adding the
following after section 810.1:
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| Where fear of
serious
personal
injury offence
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810.2 (1) Any person who fears on
reasonable grounds that another person will
commit a serious personal injury offence, as
that expression is defined in section 752, may,
with the consent of the Attorney General, 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.
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| Duty of
provincial
court judge
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(2) A provincial court judge who receives
an information under subsection (1) may
cause the parties to appear before the
provincial court judge.
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| Adjudication
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(3) The provincial court judge before whom
the parties appear may, if satisfied by the
evidence adduced that the informant 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
(5) and (6), that the provincial court judge
considers desirable for securing the good
conduct of the defendant.
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| Refusal to
enter into
recognizance
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(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.
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| Conditions -
firearms
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(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.
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| Conditions -
reporting and
monitoring
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(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, and where the provincial court
judge decides that it is desirable for the
defendant to so report, the provincial court
judge may add the appropriate condition to the
recognizance.
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| Variance of
conditions
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(7) The provincial court judge may, on
application of the informant, of the Attorney
General or of the defendant, vary the
conditions fixed in the recognizance.
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| Other
provisions to
apply
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(8) Subsections 810(4) and (5) apply, with
such modifications as the circumstances
require, to recognizances made under this
section.
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(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:
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| Conditions -
firearms
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(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.
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| Surrender, etc.
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(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
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| Reasons
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(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.
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| Bill C-27
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(3) If Bill C-27, introduced in the second
session of the thirty-fifth Parliament and
entitled An Act to amend the Criminal code
(child prostitution, child sex tourism,
criminal harassment and female genital
mutilation), is assented to, then, on the later
of the coming into force of subsection 9(1) of
this Act and section 4 of that Act, paragraph
264(4)(a) of the Criminal Code, as enacted
by that section 4, is replaced by the
following:
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| 1994, c. 44,
s. 82
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10. The portion of section 811 of the Act
before paragraph (a) is replaced by the
following:
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| Breach of
recognizance
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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
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| 1992, c. 20;
1993, c. 34;
1995, cc. 22,
39, 42
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CORRECTIONS AND CONDITIONAL RELEASE ACT |
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11. Subsection 2(1) of the Corrections and
Conditional Release Act is amended by
adding the following in alphabetical order:
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| ``long-term
supervision'' « surveillan- ce de longue durée »
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``long-term supervision'' means long-term
supervision ordered under paragraph
753.1(3)(b), or subparagraph 759(3)(a)(i),
759(4)(a)(ii) or 759(4.2)(a)(i) of the
Criminal Code;
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12. The Act is amended by adding the
following after section 2:
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| Application to
persons
subject to
long-term
supervision
order
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2.1 A person who is required to be
supervised by a long-term supervision order 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.
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13. Paragraph 5(d) of the Act is replaced
by the following:
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| 1995, c. 42,
s. 3
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14. Paragraph 10(a) of the Act is replaced
by the following:
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15. The Act is amended by adding the
following after section 84:
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| Plans with
respect to
long-term
supervision
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84.1 Where an offender who is required to
be supervised by a long-term supervision
order has expressed an interest in being
supervised in an aboriginal community, the
Service shall, if the offender consents, give the
aboriginal community
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16. The heading ``CONDITIONAL
RELEASE AND DETENTION'' before
section 99 of the Act is replaced by the
following:
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CONDITIONAL RELEASE, DETENTION AND LONG-TERM SUPERVISION |
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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:
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| « libération
condition- nelle totale » ``full parole''
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« 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.
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| « semi- liberté » ``day parole''
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« 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.
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(2) Subsection 99(1) of the Act is amended
by adding the following in alphabetical
order:
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| ``long-term
supervision'' « surveillan- ce de longue durée »
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``long-term supervision'' has the same
meaning as in Part I;
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18. The Act is amended by adding the
following after section 99:
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| Application to
persons
subject to
long-term
supervision
order
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99.1 A person who is required to be
supervised by a long-term supervision order 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.
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| 1995, c. 42,
s. 31
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19. (1) Paragraphs 115(1)(a) and (b) of the
Act are replaced by the following:
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(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:
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20. (1) Paragraph 119(1)(b) of the Act is
replaced by the following:
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