Bill C-437
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1st Session, 37th Parliament, 49-50-51 Elizabeth II, 2001-2002
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House of Commons of Canada
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BILL C-437 |
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An Act to provide that persons who commit a
sexual offence involving a child serve the
entire sentence imposed without early
release or parole and be found to be child
predators, and to amend the Corrections
and Conditional Release Act and the
Criminal Code
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Child
Predator Act.
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1992, c. 20
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CORRECTIONS AND CONDITIONAL RELEASE ACT |
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2. Subsection 121(2) of the Corrections
and Conditional Release Act is amended by
striking out the word ``or'' at the end of
paragraph (a) and by adding the following
after paragraph (a):
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3. The portion of subsection 129(9) of the
Act before the definition ``serious drug
offence'' is replaced by the following:
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Definitions
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(9) In this section and sections 130, 132 and
132.1,
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``child
predator
offence'' « acte de prédation contre un enfant »
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``child predator offence'' means a sexual
offence involving a child as defined in this
subsection without reference to
subparagraph (a)(v) or (vi) of that
definition;
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4. The Act is amended by adding the
following after section 132:
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Offenders Serving a Term for a Child Predator Offence |
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No early
release
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132.1 Notwithstanding any other provision
of this Act, an offender shall not be granted
unescorted temporary absence, day parole,
full parole or statutory release at any time and
must serve the full term of the sentence
imposed for the offence in custody if the
offender
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R.S., c. C-46
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CRIMINAL CODE |
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5. The heading ``DANGEROUS
OFFENDERS AND LONG-TERM
OFFENDERS'' before section 752 of the
Criminal Code is replaced by the following:
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DANGEROUS OFFENDERS, LONG-TERM OFFENDERS AND CHILD PREDATORS |
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6. Subsection 752.1(1) of the Act and the
heading before it are replaced by the
following:
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Dangerous Offenders, Long-Term Offenders and Child Predators |
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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, an offence
referred to in paragraph 753.1(2)(a) or a child
predator offence as defined in subsection
129(9) of the Corrections and Conditional
Release Act 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, a long-term
offender under section 753.1 or a child
predator under section 753.11 , 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, 753.1 or
753.11 .
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7. The Act is amended by adding the
following after section 753.1:
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Application
for finding
that an
offender is a
child predator
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753.11 (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 child predator if it is
satisfied that
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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 demand
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 a
child predator
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(4) If the court finds an offender to be a child
predator, the court shall
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If application
made after
sentencing
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(5) If the application is 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 a
child predator
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(6) If the court does not find an offender to
be a child predator, the court may
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and, in either case, the court shall make an
order under paragraphs (4)(c) and (e) and may
make an order under paragraph (4)(b) or (d).
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Victim
evidence
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(7) 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 (6)(a) held with respect to the
offender.
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Offence -
breach of
order
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(8) An offender who breaches an order of a
court made under this section is guilty of an
indictable offence and liable to imprisonment
for a term not exceeding two years.
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Procedure for
enforcement
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(9) The Minister of Justice shall establish
procedures to ensure that
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notice of the breach or failure is given
forthwith to the law enforcement agencies in
the areas where the offender resides, where the
offender last reported or where the Minister
believes the offender may be found and a
warrant is issued forthwith for the arrest of the
offender.
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