Bill C-459

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

First Reading

PDF

	1st Session, 37th Parliament, 49-50-51 Elizabeth II, 2001-2002
	House of Commons of Canada
	BILL C-459
	An Act to amend the Corrections and Conditional Release Act to provide for the disclosure of certain information about offenders
1992, c. 20	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	*1. Section 26 of the Corrections and Conditional Release 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 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 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.
	2. Section 142 of the Act is replaced by the following:
Disclosure of information to victim	142. (1) At the request of a victim of an offence committed by an offender, the Chairperson
	(a) shall disclose to the victim the following information about the offender:
	(i) the offender's name and age ,
	(ii) the offence of which the offender was convicted and the court that convicted the offender,
	(iii) the date of commencement and length of the sentence that the offender is serving, and
	(iv) the eligibility dates and review dates applicable to the offender under this Part in respect of unescorted temporary absences or parole; and
	(b) may disclose to the victim any of the following information about the offender, where in the Chairperson's opinion the interest of the victim in such disclosure outweighs any invasion of the offender's privacy that could result from the disclosure:
	(i) the location of the penitentiary in which the sentence is being served,
	(ii) the date, if any, on which the offender is to be released on unescorted temporary absence, escorted temporary absence where the Board has approved the absence as required by subsection 746.1(2) of the Criminal Code, parole or statutory release,
	(iii) the date of any hearing for the purposes of a review under section 130,
	(iv) any of the conditions attached to the offender's unescorted temporary absence, parole or statutory release,
	(v) the destination of the offender on any unescorted temporary absence, parole or statutory release, and whether the offender will be in the vicinity of the victim while travelling to that destination,
	(vi) whether the offender is in custody and, if not, the reason why the offender is not in custody,
	(vii) whether or not the offender has appealed a decision of the Board under section 147, and the outcome of that appeal, and
	(viii) 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	(2) Where a victim has requested and been provided with the information referred to in subparagraph (1)(b)(i), the Chairperson 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	(3) Where an offender has been transferred from a penitentiary to a provincial correctional facility, the Chairperson may, at the request of a victim of an offence committed by the offender, disclose to the victim the name of the province in which the provincial correctional facility is located, if in the Chairperson's opinion the interest of the victim in such disclosure outweighs any invasion of the person's privacy that could result from the disclosure.
Disclosure of information under subsections (1) and (3) to other persons	(4) Subsections (1) and (3) also apply, with such modifications as the circumstances require, to a person who satisfies the Chairperson
	(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.
Regulations	(5) The manner and form of making requests to the Chairperson under subsections (1) and (3) , and how those requests are to be dealt with, may be provided for by regulation .
Designation by Chairperson	(6) In this section, ``Chairperson'' includes a person or class of persons designated, by name or by position, by the Chairperson.

Bill C-459

BILL C-459