Bill C-55

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	(a) allow the appeal and
	(i) find that the offender is not a long- term offender and quash the order for long-term supervision, or
	(ii) order a new hearing; or
	(b) dismiss the appeal.
Disposition of appeal - long-term offender	(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
	(a) allow the appeal and change the length of the period; or
	(b) dismiss the appeal.
Disposition of appeal by Attorney General	(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
	(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 mini mum 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 Condi tional 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 supervi sion 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, psychol ogists, 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 indetermi nate 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) Any person who fears on reason able 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.
Duty of provincial court judge	(2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before the provin cial court judge.
Adjudication	(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 condi tions prescribed in the recognizance, includ ing the conditions set out in subsections (5) and (6), 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 exceed ing twelve months if the defendant fails or refuses to enter into the recognizance.
Conditions - firearms	(5) Before making an order under subsec tion (3), the provincial court judge shall consider whether it is desirable, in the inter ests 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 ammuni tion 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 appropri ate condition to the recognizance.
Conditions - reporting and monitoring	(6) Before making an order under subsec tion (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.
Variance of conditions	(7) The provincial court judge may, on application of the informant, of the Attorney General or of the defendant, vary the condi tions fixed in the recognizance.
Other provisions to apply	(8) Subsections 810(4) and (5) apply, with such modifications as the circumstances re quire, 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 Crimi nal 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 subsec tion (3), the provincial court judge shall consider whether it is desirable, in the inter ests 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, pro hibited 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 registra tion 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.
Conditional amendment - Bill C-27	(3) If Bill C-27, entitled An Act to amend the Criminal code (child prostitution, child sex tourism, criminal harassment and female genital mutiliation), is assented to, then, on the later of the coming into force of subsec tion 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:
	(a) the terms or conditions of an order made pursuant to section 161 or a recognizance entered into pursuant to section 810, 810.1 or 810.2; or
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 com mits 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'' « surveil- lance de longue durée »	``long-term supervision'' means long-term su pervision 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 Crimi nal 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 super vised 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 modifica tions 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 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
	(a) adequate notice of the order; and
	(b) an opportunity to propose a plan for the offender's release on supervision, and in tegration, into the aboriginal community.
	16. The heading ``CONDITIONAL RE LEASE AND DETENTION'' before sec tion 99 of the Act is replaced by the following:
	CONDITIONAL RELEASE, DETENTION AND LONG-TERM SUPERVISION
	17. (1) The definitions ``libération condi tionnelle 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 per mettant au délinquant qui en bénéficie d'être en liberté pendant qu'il purge sa peine.
« semi- liberté » ``day parole''	« semi-liberté » Régime de libération condi tionnelle 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 libéra tion conditionnelle totale ou à la libération d'office et dans le cadre duquel le délin quant réintègre l'établissement résidentiel communautaire, le pénitencier ou l'éta blissement 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'' « surveil- lance de longue durée »	``long-term supervision'' has the same mean ing 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 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.
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 offend er'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 Condi tional 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 indetermi nate period as of the date on which this paragraph comes into force, the longer of

Bill C-55

CORRECTIONS AND CONDITIONAL RELEASE ACT

CONDITIONAL RELEASE, DETENTION AND LONG-TERM SUPERVISION