Bill C-53

Corrections and Conditional Release Act

Clause 2: Existing text of subsection 93(3.1):

(3.1) An inmate who is to be released on full parole by virtue of a direction of the Board under section 126 shall be released during normal business hours on the day established pursuant to section 120, or, if that day is not a working day, during normal business hours on the following working day.

Clause 3: Existing text of section 119.1:

119.1 The portion of the sentence of an offender who is eligible for accelerated parole review under sections 125 and 126 that must be served before the offender may be released on day parole is six months, or one sixth of the sentence, whichever is longer.

Clause 4: (1) Existing text of subsection 124(1):

124. (1) The Board is not required to review the case of an offender who is unlawfully at large at the time prescribed for a review under section 122, 123 or 126, but shall do so as soon as possible after being informed of the offender’s return to custody.

(2) Existing text of subsection 124(3):

(3) Where an offender has been granted parole under section 122, 123 or 126, the Board may, after a review of the case based on information that could not reasonably have been provided to it at the time parole was granted, cancel the parole if the offender has not been released or terminate the parole if the offender has been released.

Clause 5: Existing text of the heading and sections 125 to 126.1:

Accelerated Parole Reviews

125. (1) This section and section 126 apply to an offender sentenced, committed or transferred to penitentiary for the first time, otherwise than pursuant to an agreement entered into under paragraph 16(1)(b), other than an offender

(a) serving a sentence for one of the following offences, namely,

(i) murder,

(ii) an offence set out in Schedule I or a conspiracy to commit such an offence,

(ii.1) an offence under section 83.02 (providing or collecting property for certain activities), 83.03 (providing, making available, etc. property or services for terrorist purposes), 83.04 (using or possessing property for terrorist purposes), 83.18 (participation in activity of terrorist group), 83.19 (facilitating terrorist activity), 83.2 (to carry out activity for terrorist group), 83.21 (instructing to carry out activity for terrorist group), 83.22 (instructing to carry out terrorist activity) or 83.23 (harbouring or concealing) of the Criminal Code or a conspiracy to commit such an offence,

(iii) an offence under section 463 of the Criminal Code that was prosecuted by indictment in relation to an offence set out in Schedule I, other than the offence set out in paragraph (1)(q) of that Schedule,

(iv) an offence set out in Schedule II in respect of which an order has been made under section 743.6 of the Criminal Code,

(v) an offence contrary to section 130 of the National Defence Act where the offence is murder, an offence set out in Schedule I or an offence set out in Schedule II in respect of which an order has been made under section 140.4 of the National Defence Act, or

(vi) a criminal organization offence within the meaning of section 2 of the Criminal Code, including an offence under subsection 82(2);

(a.1) convicted of an offence under section 240 of the Criminal Code;

(b) serving a life sentence imposed otherwise than as a minimum punishment; or

(c) whose day parole has been revoked.

(1.1) For greater certainty, this section and section 126

(a) apply to an offender referred to in subsection (1) who, after being sentenced, committed or transferred to penitentiary for the first time, is sentenced in respect of an offence, other than an offence referred to in paragraph (1)(a), that was committed before the offender was sentenced, committed or transferred to penitentiary for the first time; and

(b) do not apply to an offender referred to in subsection (1) who, after being sentenced, committed or transferred to penitentiary for the first time, commits an offence under an Act of Parliament for which the offender receives an additional sentence.

(2) The Service shall, at the time prescribed by the regulations, review the case of an offender to whom this section applies for the purpose of referral of the case to the Board for a determination under section 126.

(3) A review made pursuant to subsection (2) shall be based on all reasonably available information that is relevant, including

(a) the social and criminal history of the offender obtained pursuant to section 23;

(b) information relating to the performance and behaviour of the offender while under sentence; and

(c) any information that discloses a potential for violent behaviour by the offender.

(4) On completion of a review pursuant to subsection (2), the Service shall, within such period as is prescribed by the regulations preceding the offender’s eligibility date for full parole, refer the case to the Board together with all information that, in its opinion, is relevant to the case.

(5) The Service may delegate to the correctional authorities of a province its powers under this section in relation to offenders who are serving their sentences in provincial correctional facilities in that province.

126. (1) The Board shall review without a hearing, at or before the time prescribed by the regulations, the case of an offender referred to it pursuant to section 125.

(2) Notwithstanding section 102, if the Board is satisfied that there are no reasonable grounds to believe that the offender, if released, is likely to commit an offence involving violence before the expiration of the offender’s sentence according to law, it shall direct that the offender be released on full parole.

(3) If the Board does not direct, pursuant to subsection (2), that the offender be released on full parole, it shall report its refusal to so direct, and its reasons, to the offender.

(4) The Board shall refer any refusal and reasons reported to the offender pursuant to subsection (3) to a panel of members other than those who reviewed the case under subsection (1), and the panel shall review the case at the time prescribed by the regulations.

(5) Notwithstanding section 102, if the panel reviewing a case pursuant to subsection (4) is satisfied as described in subsection (2), the panel shall direct that the offender be released on full parole.

(6) An offender who is not released on full parole pursuant to subsection (5) is entitled to subsequent reviews in accordance with subsection 123(5).

(7) In this section, “offence involving violence” means murder or any offence set out in Schedule I, but, in determining whether there are reasonable grounds to believe that an offender is likely to commit an offence involving violence, it is not necessary to determine whether the offender is likely to commit any particular offence.

(8) Where the parole of an offender released pursuant to this section is terminated or revoked, the offender is not entitled to another review pursuant to this section.

126.1 Sections 125 and 126 apply, with such modifications as the circumstances require, to a review to determine if an offender referred to in subsection 119.1 should be released on day parole.

Clause 6: Relevant portion of subsection 140(1):

140. (1) The Board shall conduct the review of the case of an offender by way of a hearing, conducted in whichever of the two official languages of Canada is requested by the offender, unless the offender waives the right to a hearing in writing or refuses to attend the hearing, in the following classes of cases:

...

(b) the first review for full parole pursuant to subsection 123(1), including the review conducted pursuant to subsection 126(4), and subsequent reviews pursuant to subsection 123(5);

Clause 7: Existing text of subsection 225(2):

(2) Sections 125 and 126 do not apply to an offender serving a sentence on the commencement day whose case was reviewed under the former Act during that sentence for the purpose of full parole.

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

Clause 11: Existing text of section 89:

89. Subsections 125(1) and (1.1) of the Corrections and Conditional Release Act, as enacted by section 39 of this Act, apply to all offenders, regardless of the day on which they were sentenced, committed or transferred to penitentiary, including offenders whose cases have, before the day on which those subsections came into force, been referred to the Board pursuant to section 126 of that Act but not including offenders in respect of whose cases the Board has, before the day on which those subsections came into force, made a direction under section 126 of that Act.

An Act to amend the Criminal Code (high risk offenders), the Corrections and Conditional Release Act, the Criminal Records Act, the Prisons and Reformatories Act and the Department of the Solicitor General Act

Clause 12: Existing text of subsection 21(2):

(2) Section 119.1 of the Act, as enacted by subsection (1), does not apply to an offender serving a sentence on the date on which this subsection comes into force whose case was reviewed for the purpose of day parole before that date.

Anti-terrorism Act

Clause 13: (1) Relevant portion of subsection 94(1):

94. (1) The following provisions apply to an offender regardless of the day on which the offender was sentenced, committed or transferred to penitentiary:

(a) subparagraph 125(1)(a)(ii) of the Act as amended by section 90, if the offence was a conspiracy to commit an offence set out in Schedule I to the Act; and

(2) Existing text of subsection 94(2):

(2) Subsection (1) does not apply to an offender in respect of whom the National Parole Board has made a direction under section 126 of the Act before the coming into force of sections 90 to 93.