Bill C-55

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	RECOMMENDATION
	His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ``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''.
	SUMMARY
	This enactment amends the Criminal Code, the Corrections and Conditional Release Act and the Criminal Records Act in respect of offenders who present a high risk of violently reoffending.
	This enactment modifies Part XXIV of the Criminal Code by requiring an indeterminate sentence where an offender is found to be a dangerous offender and by changing the initial parole review for full parole of dangerous offenders to seven years, from three, from the day the dangerous offender was taken into custody. The enactment also provides that a dangerous offender application could be made within six months after conviction for a serious personal injury offence.
	The enactment adds a new category of high-risk offender to Part XXIV of the Criminal Code: certain sex offenders, upon a conviction and a hearing and finding of being a long-term offender, would have up to ten years of supervision in the community ordered in addition to the sentence for the offence.
	The enactment creates a new peace bond provision in Part XXVII of the Criminal Code, which applies to persons who present a risk of committing a serious personal injury offence.
	The enactment amends the Corrections and Conditional Release Act to provide for the long-term supervision of long-term offenders and to allow for earlier day parole review for low-risk, non-violent offenders. A number of technical amendments are also included.
	The amendments to the Criminal Records Act, the Prisons and Reformatories Act and the Department of the Solicitor General Act are consequential on the other amendments in the enactment.
	EXPLANATORY NOTES
	Criminal Code
	Clause 1: New.
	Clause 2: The relevant portion of subsection 747(3) reads as follows:
	(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,
	Clause 3: This amendment would add the underlined words.
	Clause 4: Sections 752.1 and 753.1 to 753.4 are new. Section 753 and the heading before it read as follows:
	Dangerous Offenders
	753. Where, on an application made under this Part following the conviction of a person for an offence but before the offender is sentenced therefor, it is established to the satisfaction of the court
	(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 has been convicted forms a part, showing a failure to restrain his behaviour and a likelihood of his causing death or injury to other persons, or inflicting severe psychological damage on other persons, through failure in the future to restrain his behaviour,
	(ii) a pattern of persistent aggressive behaviour by the offender, of which the offence for which he 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 behaviour, or
	(iii) any behaviour by the offender, associated with the offence for which he has been convicted, that is of such a brutal nature as to compel the conclusion that his 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 conduct in any sexual matter including that involved in the commission of the offence for which he has been convicted, has shown a failure to control his sexual impulses and a likelihood of his causing injury, pain or other evil to other persons through failure in the future to control his sexual impulses,
	the court may find the offender to be a dangerous offender and may thereupon impose a sentence of detention in a penitentiary for an indeterminate period, in lieu of any other sentence that might be imposed for the offence for which the offender has been convicted.
	Clause 5: Sections 755 to 757 read as follows:
	755. (1) On the hearing of an application under this Part, the court shall hear the evidence of at least two psychiatrists and all other evidence that, in its opinion, is relevant, including the evidence of any psychologist or criminologist called as a witness by the prosecution or the offender.
	(2) One of the psychiatrists referred to in subsection (1) shall be nominated by the prosecution and one shall be nominated by the offender.
	(3) If the offender fails or refuses to nominate a psychiatrist pursuant to this section, the court shall nominate a psychiatrist on behalf of the offender.
	(4) Nothing in this section shall be construed to enlarge the number of expert witnesses that may be called without the leave of the court or judge under section 7 of the Canada Evidence Act.
	756. (1) A court to which an application is made under this Part may, by order in writing,
	(a) direct the offender in relation to whom the application is made to attend, at a place or before a person specified in the order and within a time specified therein, for observation, or
	(b) remand the offender in such custody as the court directs, for a period not exceeding thirty days, for observation,
	where in its opinion, supported by the evidence of, or where the prosecutor and the offender consent, supported by the report in writing of, at least one duly qualified medical practitioner, there is reason to believe that evidence might be obtained as a result of the observation that would be relevant to the application.
	(2) Notwithstanding subsection (1), a court to which an application is made under this Part may remand the offender to which that application relates in accordance with that subsection
	(a) for a period not exceeding thirty days without having heard the evidence or considered the report of a duly qualified medical practitioner where compelling circumstances exist for so doing and where a medical practitioner is not readily available to examine the offender and give evidence or submit a report; and
	(b) for a period of more than thirty but not more than sixty days where it is satisfied that observation for that period is required in all the circumstances of the case and its opinion is supported by the evidence of, or where the prosecutor and the offender consent, by the report in writing of, at least one duly qualified medical practitioner.
	757. Without prejudice to the right of the offender to tender evidence respecting his character and repute, evidence of character and repute may, if the court thinks fit, be admitted on the question whether the offender is or is not a dangerous offender.
	Clause 6: Subsections 759(1.1), (3.1), (3.2), (4.1) and (4.2) are new. Subsections 759(1) to (5) read as follows:
	759. (1) A person who is sentenced to detention in a penitentiary for an indeterminate period under this Part may appeal to the court of appeal against that sentence on any ground of law or fact or mixed law and fact.
	(2) The Attorney General may appeal to the court of appeal against the dismissal of an application for an order under this Part on any ground of law.
	(3) On an appeal against a sentence of detention in a penitentiary for an indeterminate period, the court of appeal may
	(a) quash the sentence and impose any sentence that might have been imposed in respect of the offence for which the appellant was convicted, or order a new hearing; or
	(b) dismiss the appeal.
	(4) On an appeal against the dismissal of an application for an order under this Part, the court of appeal may
	(a) allow the appeal, set aside any sentence imposed in respect of the offence for which the respondent was convicted and impose a sentence of detention in a penitentiary for an indeterminate period, or order a new hearing; or
	(b) dismiss the appeal.
	(5) A judgment of the court of appeal imposing a sentence pursuant to this section has the same force and effect as if it were a sentence passed by the trial court.
	Clause 7: Section 760 reads as follows:
	760. Where a court, pursuant to section 753, finds an offender to be a dangerous offender and imposes a sentence of detention in a penitentiary for an indeterminate period, the court shall order that a copy of all reports or testimony given by psychiatrists, psychologists or criminologists and any observations of the court with respect to the reasons for the sentence, together with a transcript of the trial of the dangerous offender, be forwarded to the Solicitor General of Canada for his information.
	Clause 8: Subsection 761(1) reads as follows:
	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, forthwith after the expiration of three years from the day on which that person was taken into custody and not later than every two years thereafter, review the condition, history and circumstances of that person for the purpose of determining whether he should be granted parole under Part II of the Corrections and Conditional Release Act and, if so, on what conditions.
	Clause 9: New.
	Clause 10: The relevant portion of section 811 reads as follows:
	811. A person bound by a recognizance under section 810 or 810.1 who commits a breach of the recognizance is guilty of
	Corrections and Conditional Release Act
	Clause 11: New.
	Clause 12: New.
	Clause 13: The relevant portion of section 5 reads as follows:
	5. There shall continue to be a correctional service in and for Canada, to be known as the Correctional Service of Canada, which shall be responsible for
	...
	(d) parole and statutory release supervision; and
	Clause 14: The relevant portion of section 10 reads as follows:
	10. The Commissioner may in writing designate any staff member, either by name or by class, to be a peace officer, and a staff member so designated has all the powers, authority, protection and privileges that a peace officer has by law in respect of
	(a) an offender subject to a warrant; and
	Clause 15: New.
	Clause 16: This amendment would add the underlined words.
	Clause 17: (1) The definitions ``day parole'' and ``full parole'' in subsection 99(1) read as follows:
	``day parole'' means the authority granted to an offender by the Board or a provincial parole board to be at large during the offender's sentence in order to prepare the offender for full parole or statutory release, the conditions of which require the offender to return to a penitentiary, a community-based residential facility or a provincial correctional facility each night, unless otherwise authorized in writing;
	``full parole'' means the authority granted to an offender by the Board or a provincial parole board to be at large during the offender's sentence;
	(2) New.
	Clause 18: New.
	Clause 19: Paragraphs 115(1)(a.1) and (b.1) are new. The relevant portion of subsection 115(1) reads as follows:
	115. (1) Subject to subsection (2), the portion of a sentence that must be served before an offender serving a sentence in a penitentiary may be released on an unescorted temporary absence is
	(a) in the case of an offender serving a life sentence, the period required to be served by the offender to reach the offender's full parole eligibility date less three years;
	(b) in the case of an offender serving a sentence for an indeterminate period, three years; and
	Clause 20: (1) and (2) Paragraph 119(1)(b.1) is new. The relevant portion of subsection 119(1) reads as follows:
	119. (1) Subject to section 747 of the Criminal Code, the portion of a sentence that must be served before an offender may be released on day parole is
	...
	(b) three years, where the offender was sentenced to detention in a penitentiary for an indeterminate period;
	...
	(d) one half of the portion of the sentence that must be served before full parole may be granted, where the offender is serving a sentence of less than two years.
	(3) Subsection 119(1.2) is new. Subsection 119(1.1) reads as follows:
	(1.1) Notwithstanding section 747 of the Criminal Code, in the circumstances described in subsection 120.2(2) or (3), an offender shall not be released on day parole until three years before the day that is determined in accordance with that subsection.
	Clause 21: New.
	Clause 22: The relevant portion of subsection 120.1(2) reads as follows:
	(2) Notwithstanding subsection (1), where an offender who is serving a sentence receives an additional sentence that is to be served consecutively to a portion of the sentence the offender was serving when the additional sentence was imposed, the offender is not eligible for full parole until the day that is the latest of
	...
	(c) the day on which the offender has served the period of ineligibility for full parole in relation to the sentence that includes the additional sentence as provided by subsection 139(1).
	Clause 23: The relevant portion of subsection 120.2(1) reads as follows:
	120.2 (1) Subject to subsection (2), where an offender who is serving a sentence receives an additional sentence that is to be served concurrently with any portion of the sentence the offender was serving when the additional sentence was imposed, the offender is not eligible for full parole until the day that is the later of
	...
	(b) the day on which the offender has served
	(i) the period of ineligibility in relation to any portion of the sentence that includes the additional sentence as provided by subsection 139(1) and that is subject to an order under section 741.2 of the Criminal Code, and
	(ii) the period of ineligibility in relation to any other portion of that sentence.
	Clause 24: (1) and (2) Paragraph 125(1)(a.1) is new. The relevant portion of subsection 125(1) reads as follows:
	125. (1) This section and section 126 apply to an offender sentenced, committed or transferred to penitentiary for the first time, otherwise than pursuant to an agreement entered into under paragraph 16(1)(a), other than an offender
	Clause 25: New.
	Clause 26: The relevant portion of subsection 130(3.2) reads as follows:
	(3.2) Where, before the expiration of a sentence in respect of which an order under subsection (3) has been made, an offender receives an additional sentence and the date of the expiration of the sentence that includes the additional sentence as provided by subsection 139(1) is later than the date of the expiration of the sentence that the offender was serving before the additional sentence was imposed,
	Clause 27: Subsection 131(4) reads as follows:
	(4) A condition under subparagraph (3)(a)(ii) that an offender reside in a penitentiary designated pursuant to subsection (5) is valid only if consented to in writing by the Commissioner or a person designated by the Commissioner.
	Clause 28: Subsection 133(4.4) reads as follows:
	(4.4) A condition under subsection (4.1) that an offender reside in a community correctional centre is valid only if consented to in writing by the Commissioner or a person designated by the Commissioner.
	Clause 29: Subsection 134(1) reads as follows:
	134. (1) An offender who has been released on parole, statutory release or unescorted temporary absence shall comply with any instructions given by a member of the Board or a person designated by the Chairperson of the Board, by the institutional head or by the offender's parole supervisor, respecting any conditions of parole, statutory release or unescorted temporary absence in order to prevent a breach of any condition or to protect society.
	Clause 30: New.
	Clause 31: This amendment would add the underlined words.
	Clause 32: The relevant portion of subsection 135(6) reads as follows:
	(6) If in the Board's opinion it is necessary and reasonable to do so in order to protect society or to facilitate the reintegration of the offender into society, the Board, when it cancels a suspension of the parole or statutory release of an offender, may
	...
	(c) order the cancellation not to take effect until the expiration of a specified period not exceeding thirty days after the date of the Board's decision, where the offender violated the conditions of parole or statutory release on the occasion of the suspension and on at least one previous occasion that led to a suspension of parole or statutory release during the offender's sentence.
	Clause 33: Section 135.1 is new. Section 136 reads as follows:
	136. When the parole or statutory release of an offender is terminated or revoked or where it becomes inoperative pursuant to subsection 135(9.3) or (9.5), a member of the Board or a person designated by the Chairperson of the Board may, by warrant, authorize the apprehension and recommitment to custody of the offender pursuant to section 137.
	Clause 34: Subsection 137(1) reads as follows:
	137. (1) A warrant of apprehension issued under section 11.1, 18, 118, 135 or 136 or by a provincial parole board, or an electronically transmitted copy thereof, shall be executed by any peace officer to whom it is given in any place in Canada as if it had been originally issued or subsequently endorsed by a justice or other lawful authority having jurisdiction in that place.
	Clause 35: Subsection 142(5) reads as follows:
	(5) In this section, ``Chairperson'' includes a person or class of persons designated by the Chairperson.
	Clause 36: New.
	Clause 37: New.
	Criminal Records Act
	Clause 38: New.
	Prisons and Reformatories Act
	Clause 39: This amendment would add the underlined words.
	Department of the Solicitor General Act
	Clause 40: The relevant portion of section 4 reads as follows:
	4. The powers, duties and functions of the Solicitor General extend to and include all matters over which Parliament has jurisdiction, not by law assigned to any other department, board or agency of the Government of Canada, relating to
	...
	(b) parole, remissions and statutory release;