Bill C-220

1st Session, 39th Parliament,

55 Elizabeth II, 2006

house of commons of canada

BILL C-220

An Act to amend the Corrections and Conditional Release Act (elimination of statutory release) and to make consequential amendments to other Acts

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

1. (1) The definition “statutory release” in subsection 2(1) of the Corrections and Conditional Release Act is repealed.

(2) Subparagraph (a)(ii) of the definition “inmate” in subsection 2(1) of the Act is replaced by the following:

(ii) a condition imposed by the National Parole Board in connection with day parole, or

(3) Subparagraph (b)(ii) of the definition “inmate” in subsection 2(1) of the Act is replaced by the following:

(ii) is temporarily outside penitentiary for reasons other than a temporary absence, work release or parole, but is under the direction or supervision of a staff member or of a person authorized by the Service;

(4) Subparagraph (b)(i) of the definition “offender” in subsection 2(1) of the Act is replaced by the following:

(i) by reason of parole,

2. Paragraph 4(i) of the Act is replaced by the following:

(i) that offenders are expected to obey penitentiary rules and conditions governing temporary absence, work release and parole, and to actively participate in programs designed to promote their rehabilitation and reintegration; and

3. Paragraph 5(d) of the Act is replaced by the following:

(d) parole and long-term supervision of offenders; and

4. Subsection 25(2) of the Act is replaced by the following:

(2) Before the release of an inmate on an unescorted temporary absence or parole, the Service shall notify all police forces that have jurisdiction at the destination of the inmate if that destination is known.

5. (1) Subparagraphs 26(1)(b)(iii) and (iv) of the Act are replaced by the following:

(iii) the date, if any, on which the offender is to be released on temporary absence, work release or parole,

(2) Subparagraphs 26(1)(b)(v) and (vi) of the Act are replaced by the following:

(v) any of the conditions attached to the offender’s temporary absence, work release or parole,

(vi) the destination of the offender on any temporary absence, work release or parole, and whether the offender will be in the vicinity of the victim while travelling to that destination, and

6. Paragraphs 55(a) and (b) of the Act are replaced by the following:

(a) at once, where the staff member or other authorized person has reasonable grounds to suspect that the offender has breached any condition of a temporary absence, work release or parole that requires abstention from alcohol or drugs, in order to monitor the offender’s compliance with that condition; or

(b) at regular intervals, in order to monitor the offender’s compliance with any condition of a temporary absence, work release or parole that requires abstention from alcohol or drugs.

7. (1) The portion of subsection 66(1) of the Act after paragraph (b) is replaced by the following:

where the employee suspects on reasonable grounds that the offender is violating or has violated a condition of the offender’s parole or temporary absence and that such a search is necessary to confirm the suspected violation.

(2) Subsection 66(3) of the Act is replaced by the following:

(3) In this section, “community-based residential facility” means a place that provides accommodation to offenders who are on parole or temporary absence.

8. Subsections 93(1) to (3) of the Act are replaced by the following:

93. (1) Except as provided by subsection (2), an inmate who is entitled to be released from penitentiary on a particular day by virtue of the expiration of the sentence shall be released during normal business hours on the last working day before that day.

(2) Where the institutional head is satisfied that an inmate’s re-entry into the community will be facilitated by an earlier release than that provided for by subsection (1), the institutional head may release the inmate up to five days before the day on which the inmate is entitled to be released by virtue of the expiration of the sentence.

(3) An inmate who is released pursuant to subsection (2) shall be deemed to have been released by virtue of the expiration of the sentence at the moment of actual release.

9. (1) Subsection 94(1) of the Act is replaced by the following:

94. (1) At the request of a person who has been released from penitentiary on parole, the institutional head may allow the person to stay temporarily in the penitentiary in order to assist that person’s rehabilitation, but such a tempo­rary stay may not extend beyond the expiration of the person’s sentence.

(2) Subsection 94(3) of the Act is replaced by the following:

(3) Notwithstanding subsection (2), the pa­role of a person staying temporarily in a penitentiary pursuant to subsection (1) is deemed to be in force and subject to the provisions of this Act.

10. (1) The definitions “statutory release” and “statutory release date” in subsection 99(1) of the Act are repealed.

(2) The definition “day parole” in subsection 99(1) of the Act is replaced by the following:

“day parole” means the authority granted to an offender by the Board or a provincial parole board to be at large during the offender’s sentence in order to prepare the offender for full parole, the conditions of which require the offender to return to a penitentiary, a community-based residential facility or a provincial correctional facility each night, unless otherwise authorized in writing;

(3) Subsection 99(2) of the Act is replaced by the following:

(2) For the purposes of this Part, a reference to the expiration according to law of the sentence of an offender shall be read as a reference to the day on which the sentence expires, without taking into account any remission that stands to the credit of the offender on the coming into force of this section.

11. Subsection 105(1) of the Act is replaced by the following:

105. (1) Members appointed to the Board shall be sufficiently diverse in their backgrounds to be able to collectively represent community values and views in the work of the Board and to inform the community with respect to unescorted temporary absence and parole.

12. Paragraphs 107(1)(b) to (d) of the Act are replaced by the following:

(b) to terminate or to revoke the parole of an offender, whether or not the offender is in custody under a warrant of apprehension issued as a result of the suspension of the parole;

(c) to cancel a decision to grant parole to an offender, or to cancel the suspension, termination or revocation of the parole of an offender; and

13. Subsection 114(5) of the Act is repealed.

14. Paragraphs 123(5)(c) to (e) of the Act are replaced by the following:

(c) the offender is released on full parole; or

(d) the sentence of the offender expires.

15. Section 127 of the Act and the heading before it are repealed.

16. The heading before section 128 of the Act is replaced by the following:

Effect of Parole or Unescorted Temporary Absence

17. Subsections 128(1) to (3) of the Act are replaced by the following:

128. (1) An offender who is released on parole or unescorted temporary absence continues, while entitled to be at large, to serve the sentence until its expiration according to law.

(2) Except to the extent required by the conditions of any day parole, an offender who is released on parole or unescorted temporary absence is entitled, subject to this Part, to remain at large in accordance with the conditions of the parole or unescorted temporary absence and is not liable to be returned to custody by reason of the sentence unless the parole or unescorted temporary absence is suspended, cancelled, terminated or revoked.

(3) Despite subsection (1), for the purposes of paragraph 50(b) of the Immigration and Refugee Protection Act and section 40 of the Extradition Act, the sentence of an offender who has been released on parole or an unescorted temporary absence is deemed to be completed unless the parole has been suspended, terminated or revoked or the unescorted temporary absence is suspended or cancelled or the offender has returned to Canada before the expiration of the sentence according to law.

18. The heading before section 129 and sections 129 to 132 of the Act are repealed.

19. (1) Subsection 133(1) of the Act is amended by adding the word “or” at the end of subparagraph (a)(i) and by repealing subparagraph (a)(ii).

(2) Subsections 133(2) and (3) of the Act are replaced by the following:

(2) Subject to subsection (6), every offender released on parole or unescorted temporary absence is subject to the conditions prescribed by the regulations.

(3) The releasing authority may impose any conditions on the parole or unescorted tempo­rary absence of an offender that it considers reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender.

(3) Subsections 133(4.1) to (5) of the Act are replaced by the following:

(5) A condition imposed pursuant to subsection (3) or (4) is valid for such period as the releasing authority specifies.

(4) Paragraph 133(6)(b) of the English version of the Act is replaced by the following:

(b) in respect of conditions imposed under subsection (3) or (4), remove or vary any such condition.

20. (1) Subsection 134(1) of the Act is replaced by the following:

134. (1) An offender who has been released on parole or unescorted temporary absence shall comply with any instructions given by a member of the Board or a person designated, by name or by position, by the Chairperson of the Board or the Commissioner, or given by the institutional head or by the offender’s parole supervisor, respecting any conditions of parole or unescorted temporary absence in order to prevent a breach of any condition or to protect society.

(2) Paragraph 134(2)(b) of the Act is replaced by the following:

(b) a person entrusted by the Service with the guidance and supervision of an offender on parole or unescorted temporary absence.

21. The heading before section 135 of the Act is replaced by the following:

Suspension, Termination, Revocation and Inoperativeness of Parole or Long-Term Supervision

22. (1) Subsection 135(1) of the Act is replaced by the following:

135. (1) A member of the Board or a person, designated by name or by position, by the Chairperson of the Board or by the Commissioner, when an offender breaches a condition of parole or when the member or person is satisfied that it is necessary and reasonable to suspend the parole in order to prevent a breach of any condition thereof or to protect society, may, by warrant,

(a) suspend the parole;

(b) authorize the apprehension of the offend­er; and

(c) authorize the recommitment of the offend­er to custody until the suspension is cancelled, the parole is terminated or revoked or the sentence of the offender has expired according to law.

(2) Paragraph 135(3)(b) of the Act is replaced by the following:

(b) in any other case, within thirty days after the recommitment or such shorter period as the Board directs, cancel the suspension or refer the case to the Board together with an assessment of the case stating the conditions, if any, under which the offender could in that person’s opinion reasonably be returned to parole.

(3) Paragraphs 135(5)(b) and (c) of the Act are replaced by the following:

(b) where the Board is not satisfied as provided in paragraph (a), terminate the parole of the offender if it was suspended by reason of circumstances beyond the offender’s control or revoke it in any other case; or

(c) where the offender is no longer eligible for the parole, terminate or revoke it.

(4) Subsection 135(6) of the Act is replaced by the following:

(6) If in the Board’s opinion it is necessary and reasonable to do so in order to protect society or to facilitate the reintegration of the offender into society, the Board, when it cancels a suspension of the parole of an offender, may

(a) reprimand the offender in order to warn the offender of the Board’s dissatisfaction with the offender’s behaviour since release;

(b) alter the conditions of the parole; and

(c) order the cancellation not to take effect until the expiration of a specified period not exceeding thirty days after the date of the Board’s decision, where the offender violated the conditions of parole on the occasion of the suspension and on at least one previous occasion that led to a suspension of parole during the offender’s sentence.

(5) Subsections 135(7) and (8) of the Act are replaced by the following:

(7) Independently of subsections (1) to (6), where the Board is satisfied that the continued parole of an offender would constitute an undue risk to society by reason of the offender reoffending before the expiration of the sentence according to law, the Board may, at any time,

(a) where the offender is no longer eligible for the parole, terminate or revoke the parole; or

(b) where the offender is still eligible for the parole,

(i) terminate the parole, where the undue risk to society is due to circumstances beyond the offender’s control, or

(ii) revoke the parole, where the undue risk to society is due to circumstances within the offender’s control.

(8) The Board may exercise its power under subsection (7) notwithstanding any new sentence to which the offender becomes subject after being released on parole, whether or not the new sentence is in respect of an offence committed before or after the offender’s release on parole.

(6) Subsections 135(9.1) and (9.2) of the Act are replaced by the following:

(9.1) Where an offender whose parole has not been terminated or revoked is incarcerated as a result of an additional sentence for an offence under an Act of Parliament, the parole is revoked on the day on which the offender is incarcerated as a result of the additional sentence.

(9.2) Subsection (9.1) does not apply where the additional sentence is to be served concurrently with, and is in respect of an offence committed before the commencement of, the sentence to which the parole applies.

(7) Subsection 135(11) of the Act is replaced by the following:

(11) For the purposes of this Act, where a suspension of parole is cancelled, the offender is deemed, during the period beginning on the day of the issuance of the suspension and ending on the day of the cancellation of the suspension, to have been serving the sentence to which the parole applies.

23. Section 136 of the Act is replaced by the following:

136. When the parole of an offender is terminated or revoked or where it becomes inoperative pursuant to subsection 135(9.3) or (9.5), a member of the Board or a person designated, by name or by position, by the Chairperson of the Board or by the Commissioner may, by warrant, authorize the apprehension and recommitment to custody of the offender pursuant to section 137.

24. Section 138 of the Act is replaced by the following:

138. (1) Where the parole of an offender is terminated or revoked, the offender shall be recommitted to custody and shall serve the portion of the sentence that remained unexpired on the day on which the parole was terminated or revoked.

(2) An offender whose parole has been terminated is eligible for parole in accordance with section 120, 120.1, 120.2 or 120.3, as the case may be.

(3) An offender whose parole has been terminated is not liable to forfeit

(a) any remission with which the offender was credited pursuant to the Prisons and Reformatories Act; or

(b) any credits under the International Transfer of Offenders Act.

(4) An offender whose parole has been revoked is eligible for parole in accordance with section 120, 120.1, 120.2 or 120.3, as the case may be.

(5) Notwithstanding sections 122 and 123, the Board is not required to conduct a review for the purpose of parole of the case of an offender referred to in subsection (4) within one year after the date on which the offender’s parole is revoked.

25. Paragraphs 140(1)(c) and (d) of the Act are replaced by the following:

(d) a review following a suspension, cancellation, termination or revocation of parole; and

26. (1) Subparagraphs 142(1)(b)(iii) and (iv) of the Act are replaced by the following:

(iii) 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 or parole,

(2) Subparagraphs 142(1)(b)(v) and (vi) of the Act are replaced by the following:

(v) any of the conditions attached to the offender’s unescorted temporary absence or parole,

(vi) the destination of the offender when released on unescorted temporary absence or parole, and whether the offender will be in the vicinity of the victim while travelling to that destination,

27. Paragraph 147(2)(c) of the Act is replaced by the following:

(c) the appeal is based on information or on a new parole plan that was not before the Board when it rendered the decision appealed from; or

28. Subsection 156(4) of the Act is amended by adding the word “and” at the end of paragraph (a) and by repealing paragraph (b).

29. Paragraph 167(2)(c) of the Act is replaced by the following:

(c) any decision, recommendation, act or omission of an official of a province supervising, pursuant to an agreement between the federal government and the government of the province, an offender on temporary absence, parole or mandatory supervision where the matter has been, is being or is going to be investigated by an ombudsman of that province.

30. Subsection 224(2) of the Act is repealed.

31. Sections 227 and 227.1 of the Act are repealed.

32. Section 232 of the Act and the heading before it are repealed.

33. Schedule I to the Act is amended by replacing the reference “(Subsections 107(1), 125(1) and 126(1) and sections 129 and 130)” after the heading “SCHEDULE I” with the reference “(Subsections 107(1), 125(1) and 126(7))”.

34. Schedule II to the Act is amended by replacing the reference “(Subsections 107(1) and 125(1) and sections 129, 130 and 132)” after the heading “SCHEDULE II” with the reference “(Subsections 107(1) and 125(1))”.

35. Section 90 of An Act to amend the Corrections and Conditional Release Act, the Criminal Code, the Criminal Records Act, the Prisons and Reformatories Act and the Transfer of Offenders Act is repealed.

36. Subsection 109(4) of the Criminal Code is replaced by the following:

(4) In subparagraph (2)(a)(ii), “release from imprisonment” means release from confinement by reason of expiration of sentence or grant of parole.

37. Subsection 110(4) of the Act is replaced by the following:

(4) In subsection (2), “release from impris­onment” means release from confinement by reason of expiration of sentence or grant of parole.

38. Paragraph 161(2)(b) of the Act is replaced by the following:

(b) where the offender is sentenced to a term of imprisonment, the date on which the offender is released from imprisonment for the offence, including release on parole or mandatory supervision.

39. Subsection 742.7(4) of the Act is replaced by the following:

(4) The running of any period of the conditional sentence order that is to be served in the community resumes upon the release of the offender from prison on parole, on earned remission, or at the expiration of the sentence.

40. Section 4.3 of the Criminal Records Act is replaced by the following:

4.3 For the purposes of section 4, a reference to the expiration according to law of a sentence of imprisonment imposed for an offence shall be read as a reference to the day on which the sentence expires, without taking into account any remission that stands to the credit of the offender in respect of the offence.

41. Section 26 of the International Transfer of Offenders Act is repealed.

42. Subsection 29(2) of the Act is replaced by the following:

(2) If, before the transfer, a Canadian offend­er is subject to a Canadian sentence of imprisonment, they are eligible for full parole on the later of

(a) the day established in accordance with section 19, 23 or 24, as the case may be, and

(b) the full parole eligibility date established under the Corrections and Conditional Release Act.

43. (1) Subsection 6(5) of the Prisons and Reformatories Act is replaced by the following:

(5) Where remission is credited against a sentence being served by a prisoner, the prisoner is entitled to be released from imprisonment before the expiration of the sentence.

(2) Subsection 6(7) of the Act is repealed.

44. Paragraph 24(a) of the Privacy Act is replaced by the following:

(a) lead to a serious disruption of the individual’s institutional or parole program; or

45. Subsection 78(2) of the Youth Criminal Justice Act is repealed.