Bill C-40
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2nd Session, 37th Parliament, 51-52 Elizabeth II, 2002-2003
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House of Commons of Canada
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BILL C-40 |
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An Act to amend the Corrections and
Conditional Release Act and the
Criminal Code
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1992, c. 20
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CORRECTIONS AND CONDITIONAL RELEASE ACT |
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2000, c. 12,
s. 88
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1. (1) The definition ``victim'' in
subsection 2(1) of the Corrections and
Conditional Release Act is replaced by the
following:
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``victim'' « victime »
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``victim'' means a person to whom harm was
done or who suffered physical or emotional
damage as a result of the commission of an
offence and, if the person is dead, ill or
otherwise incapacitated,
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(2) Paragraph (b) of the definition
``inmate'' in subsection 2(1) of the Act is
replaced by the following:
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(3) Subsection 2(1) of the Act is amended
by adding the following in alphabetical
order:
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``provincial
parole board'' « commission provinciale »
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``provincial parole board'' has the same
meaning as in Part II;
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``unescorted
temporary
absence'' « permission de sortir sans escorte »
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``unescorted temporary absence'' has the
same meaning as in Part II;
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``working
day'' « jour ouvrable »
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``working day'' means a day on which offices
of the public service of Canada are
generally open in the province in question.
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1995, c. 42,
s. 2(2)(F)
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2. Paragraph 4(i) of the Act is replaced by
the following:
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1995, c. 22,
s. 13 (Sch. II,
item 1), c. 42,
s. 6
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3. Subsection 16(2) of the Act is replaced
by the following:
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Effect of
confinement
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(2) Subject to subsection (3), a person who
is confined in a penitentiary pursuant to an
agreement entered into under paragraph (1)(b)
is, despite section 743.3 of the Criminal Code,
subject to all the statutes, regulations and rules
applicable in the penitentiary in which the
person is confined.
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1995, c. 42,
s. 7(F); 2000,
c. 24, s. 34
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4. Subsection 17(1) of the Act is replaced
by the following:
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Authority for
escorted
temporary
absences
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17. (1) An institutional head may authorize
an inmate to be absent, escorted by a staff
member or other person authorized by the
institutional head, if , in the opinion of the
institutional head,
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The absence may be authorized for an
unlimited period for medical reasons or, for
reasons other than medical, for a period not
exceeding 5 days or, with the Commissioner's
approval, not exceeding 15 days.
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1995, c. 42,
s. 8; 2000,
c. 24, s. 35
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5. Section 18 of the Act and the heading
before it are repealed.
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6. (1) Subparagraph 26(1)(b)(iii) of the
Act is replaced by the following:
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(2) Subparagraphs 26(1)(b)(v) and (vi) of
the Act are replaced by the following:
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1995, c. 42,
s. 15
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7. Paragraphs 55(a) and (b) of the Act are
replaced by the following:
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8. Section 61 of the Act is amended by
adding the following after subsection (3):
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Exceptional
power to
search
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(4) An institutional head may, in writing,
authorize a staff member to search the
vehicles at a penitentiary if the institutional
head has reasonable grounds to believe that
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9. Subsection 71(1) of the Act is replaced
by the following:
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Contacts and
visits
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71. (1) In order to promote relationships
between inmates and the community, an
inmate is entitled to have reasonable contact,
including visits and correspondence, with
family, friends and other persons from outside
the penitentiary, subject to such reasonable
limits as are prescribed for protecting the
security of the penitentiary or the safety of
persons or for preventing the planning or
commission of a criminal offence.
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10. Section 84 of the Act is replaced by the
following:
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Release to an
aboriginal
community
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84. If an inmate expresses an interest in
being released into an aboriginal community,
the Service shall, with the inmate's consent ,
give the aboriginal community
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11. Subsection 88(3) of the Act is replaced
by the following:
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Special case
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(3) For the purpose of paragraph (1)(a), an
inmate's consent to treatment shall not be
considered involuntary merely because the
treatment is a requirement for a temporary
absence or parole.
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12. (1) Subsection 93(2) of the French
version of the Act is replaced by the
following:
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Libération
anticipée
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(2) Le directeur peut libérer un détenu dans
les cinq jours qui précèdent celui
normalement prévu pour la libération s'il est
convaincu que cette mesure facilitera sa
réinsertion sociale.
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1995, c. 42,
s. 23(2)
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(2) Subsection 93(3.1) of the Act is
repealed.
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1995, c. 42,
s. 24(1)
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13. Subsection 94(1) of the Act is replaced
by the following:
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Temporary
stay in
penitentiary
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94. (1) At the request of a person who has
been or is entitled to be released from a
penitentiary on parole or statutory release, the
institutional head may allow them to stay
temporarily in the penitentiary in order to
assist their rehabilitation, but the temporary
stay may not extend beyond the expiration of
their sentence.
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14. (1) Subparagraph 96(c)(i) of the
French version of the Act is replaced by the
following:
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(2) Paragraph 96(p) of the Act is replaced
by the following:
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(3) Paragraph 96(s) of the Act is replaced
by the following:
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(4) Paragraph 96(y) of the Act is replaced
by the following:
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1995, c. 42,
subpar. 72(a)(
ii)(F)
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(5) Paragraphs 96(z.7) and (z.8) of the Act
are replaced by the following:
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1995, c. 42,
s. 26(2)
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15. The definition ``working day'' in
subsection 99(1) of the Act is replaced by the
following:
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``working
day'' « jour ouvrable »
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``working day'' has the same meaning as in
Part I.
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1993, c. 34,
s. 57(F)
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16. Sections 103 and 104 of the Act are
replaced by the following:
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Board
continued
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103. The National Parole Board is
continued and consists of not more than 60
full-time members and a number of part-time
members appointed by the Governor in
Council, on the recommendation of the
Minister, to hold office during good behaviour
for periods not exceeding 10 years and 3 years,
respectively.
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Chairperson
and
Vice-Chairper
son
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104. The Governor in Council shall
designate one of the full-time members of the
Board as Chairperson and, on the
recommendation of the Minister, one as
Vice-Chairperson.
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17. Subsection 105(3) of the Act is
replaced by the following:
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Divisions
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(3) Each member of the Board, other than
the Chairperson and Vice-Chairperson, shall
be assigned to the division of the Board
specified in their instrument of appointment.
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1995, c. 42,
s. 28(E) and
subpar. 71(a)(
vii)(F)
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18. Paragraph 107(1)(e) of the Act is
replaced by the following:
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19. The portion of subsection 115(1) of the
Act after paragraph (b.1) is replaced by the
following:
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1995, c. 42,
s. 32(F)
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20. (1) Paragraph 116(1)(b) of the Act is
replaced by the following:
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(2) Paragraph 116(1)(d) of the Act is
replaced by the following:
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