Bill C-503

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First Reading

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	2nd Session, 36th Parliament, 48-49 Elizabeth II, 1999-2000
	The House of Commons of Canada
	BILL C-503
	An Act to amend the Criminal Code and the Corrections and Conditional Release Act (to provide for judicial discretion to assign a security classification of maximum to high-risk violent offenders, to establish a Board of Management to oversee operations of the Correctional Service of Canada and to establish an Office of Ombudsman for Victims)
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	Criminal Code
	*1. The Criminal Code* is amended by adding the following after section 743.2:**
Discretion of court to classify offender	743.21 (1) If a person is convicted of an offence referred to in subsection (2) and is sentenced to a penitentiary, a court may assign a security classification of maximum to that person.
Security classification and high-risk offender	(2) For the purposes of subsection (1), a court may assign a security classification of maximum if the person is
	(a) convicted of an offence that is
	(i) high treason or treason,
	(ii) murder,
	(iii) piracy,
	(iv) attempted murder,
	(v) sexual assault or sexual assault with a weapon,
	(vi) threats to a third party or causing bodily harm,
	(vii) aggravated sexual assault,
	(viii) forcible abduction,
	(ix) hostage taking,
	(x) robbery,
	(xi) assault with a weapon or causing bodily harm,
	(xii) aggravated assault,
	(xiii) unlawfully causing bodily harm, or
	(xiv) arson; and
	(b) assessed by the court as
	(i) presenting a high probability of escape and a high risk to the safety of the public in the event of escape, or
	(ii) requiring a high degree of supervision and control within the penitentiary.
Additional requirements	(3) For the purposes of determining whether a security classification of maximum is to be assigned under subsection (1), the court shall, in addition to the requirements of subsection (2), take the regulations made under paragraph 96(z.6) of the Corrections and Conditional Release Act and the following factors into consideration:
	(a) the seriousness of the offence committed by the inmate;
	(b) any outstanding charges against the inmate;
	(c) the inmate's performance and behaviour while under sentence;
	(d) the inmate's social, criminal and, where available, young-offender history;
	(e) any physical or mental illness or disorder suffered by the inmate;
	(f) the inmate's potential for violent behaviour; and
	(g) the inmate's continued involvement in criminal activities.
Court to give and forward reasons	(4) A court that sentences or commits a person who is convicted of an offence referred to in subsection (2) to a penitentiary and assigns the security classification of maximum referred to in subsection (1) shall, in writing, give each person reasons for assigning or changing the security classification of maximum referred to in subsection (1) and forward those reasons to the Correctional Service of Canada.
1992, c. 20; 1993, c. 34; 1995, cc. 22, 39, 42; 1996, c. 19; 1997, c. 17; 1998, c. 35; 1999, cc. 5, 18, 31	Corrections and Conditional Release Act
	*2. Subsection 2(1) of the Corrections and Conditional Release Act* is amended by adding the following in alphabetical order:**
``Board'' « conseil »	``Board'' means the Board of Management of the Correctional Service of Canada established by section 6;
``Chairperson' ' « président »	``Chairperson'' means the Chairperson of the Board appointed pursuant to subsection 95.9(1);
``Commission er'' « commissaire »	``Commissioner'' means the Commissioner of Corrections appointed pursuant to subsection 95.6(1);
``director'' « administrate ur »	``director'' means a director of the Board appointed pursuant to subsection 95.7(1) or the Chairperson or Commissioner;
	3. Section 2 of the Act is amended by adding the following after subsection (2):
Board may make rules	(3) Except as otherwise provided by this Part or by regulations made under paragraph 96(b), the Board may make rules for authorizing any full-time member of the Board or staff members or classes of staff members of the Service to exercise or perform any power, duty or function that this Part assigns to the Board, the Commissioner or the institutional head.
	4. Section 6 of the Act is replaced by the following:
Board of Management of the Correctional Service of Canada	6. There is hereby established, under the direction of the Minister and in accordance with the provisions of sections 95 to 95.16, a board to be called the Board of Management for the Correctional Service of Canada.
	5. Section 26 of the Act is replaced by the following:
Disclosure of information to public	26. (1) At the request of a member of the public, including a victim, the Service shall disclose to that person the following information about an offender:
	(a) the offender's name and age,
	(b) the offence of which the offender was convicted and the court that convicted the offender,
	(c) the date of commencement and length of the sentence that the offender is serving,
	(d) the security classification of the offender and any change in that classification,
	(e) the date of any review involving a change in security classification, and
	(f) the eligibility dates and review dates applicable to the offender under this Act in respect of temporary absences or parole.
Disclosure of information to victim	(2) At the request of a victim of an offence committed by an offender, the Service may disclose to the victim any of the following information about the offender, where in the Service's opinion the interest of the victim in such disclosure clearly outweighs any invasion of the offender's privacy that could result from the disclosure:
	(a) the location of the penitentiary in which the sentence is being served,
	(b) the date, if any, on which the offender is to be released on temporary absence, work release, parole or statutory release,
	(c) the date of any hearing for the purposes of a review under section 130,
	(d) any of the conditions attached to the offender's temporary absence, work release, parole or statutory release,
	(e) the destination of the offender on any temporary absence, work release, parole or statutory release, and whether the offender will be in the vicinity of the victim while travelling to that destination,
	(f) whether the offender is in custody and, if not, the reason why the offender is not in custody, and
	(g) participation of the offender in a rehabilitative program, the institutional conduct of the offender and any new offence committed by an offender while on conditional release for which the offender has been reincarcerated.
Transfer to another penitentiary	(3) Where a victim has requested and been provided with the information referred to in paragraph (2)(a), the Service shall disclose to the victim in a timely manner, in advance if possible, the planned, anticipated or scheduled transfer of the offender to another penitentiary.
Transfer to a provincial correctional facility	(4) Where a person has been transferred from a penitentiary to a provincial correctional facility, the Commissioner may, at the request of a victim of an offence committed by that person, disclose to the victim the name of the province in which the provincial correctional facility is located, if in the Commissioner's opinion the interest of the victim in such disclosure clearly outweighs any invasion of the person's privacy that could result from the disclosure.
Disclosure of information under subsections (2) and (3) to other persons	(5) Subsections (2) and (3) also apply, with such modifications as the circumstances require, to a person who satisfies the Commissioner
	(a) that harm was done to the person, or the person suffered physical or emotional damage, as a result of an act of an offender, whether or not the offender was prosecuted or convicted for that act; and
	(b) that a complaint was made to the police or the Crown attorney, or an information was laid under the Criminal Code, in respect of that act.
Disclosure of information under subsection (4) to other persons	(6) Subsection (4) also applies, with such modifications as the circumstances require, to a person who satisfies the Commissioner
	(a) that harm was done to the person, or the person suffered physical or emotional damage, as a result of an act of a person referred to in subsection (4), whether or not the person referred to in subsection (4) was prosecuted or convicted for that act; and
	(b) that a complaint was made to the police or the Crown attorney, or an information was laid under the Criminal Code, in respect of that act.
	6. Subsection 30(1) of the Act is replaced by the following:
Service to classify each inmate	30. (1) Subject to a security classification of maximum assigned by a court under section 743.21 of the Criminal Code, the Service shall assign a security classification of maximum, medium or minimum to each inmate in accordance with the regulations made under paragraph 96(z.6).
	7. Section 30 of the Act is amended by adding the following after subsection (2):
Classification binding on Correctional Service of Canada	(3) If a court sentences or commits a person who is convicted of an offence under subsection 743.21(2) of the Criminal Code to a penitentiary and assigns to that person the security classification of maximum under subsection 743.21(1) of the Criminal Code, the security classification is binding on the Service.
Court has discretion to determine time of review	(4) Subject to subsection (5), if a court assigns a security classification of maximum to a person, only the court that made the assignment or another court of competent criminal jurisdiction in and for a province has the discretion to determine when a review of the security classification will be held and to change the security classification assigned to that person.
Mandatory review	(5) A security classification assigned by a court shall be reviewed at least every five years.
Person or Service may apply	(6) Subject to subsections (4) and (7), if a court assigns a security classification of maximum to a person, the person or the Service may apply to the court that assigned the security classification or another court of competent criminal jurisdiction in and for a province for the purpose of reviewing and changing the assigned security classification.
Court to be notified	(7) If a court assigns the security classification of maximum to a person, the Service shall notify the court that assigned the security classification or another court of competent criminal jurisdiction in and for a province, before the release of an inmate on a temporary absence or on parole and before the statutory release of an inmate.
	8. Section 95 of the Act is replaced by the following:

Bill C-503

BILL C-503

Criminal Code

Corrections and Conditional Release Act