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Bill C-456

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1st Session, 37th Parliament,
49-50-51 Elizabeth II, 2001-2002

House of Commons of Canada

BILL C-456

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

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-46

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 violent 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 purpose 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 into consideration the regulations made under paragraph 96(z.6) of the Corrections and Conditional Release Act and the following factors:

    (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

CORRECTIONS AND CONDITIONAL RELEASE ACT

2. (1) Subsection 30(1) of the Corrections and Conditional Release Act is replaced by the following:

Assignment

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).

(2) Section 30 of the Act is amended by adding the following after subsection (2):

Classification binding on Service

(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 that Act, 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 once 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.

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