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Bill C-39

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First Reading

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3rd Session, 40th Parliament,

59 Elizabeth II, 2010

house of commons of canada

BILL C-39

An Act to amend the Corrections and Conditional Release Act 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:

SHORT TITLE

Short title

1. This Act may be cited as the Ending Early Release for Criminals and Increasing Offender Accountability Act.

1992, c. 20

CORRECTIONS AND CONDITIONAL RELEASE ACT

2000, c. 12, s. 88

2. (1) The definition “victim” in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:

“victim”
« victime »

“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,

(a) the person’s spouse or an individual who is — or was at the time of the person’s death — cohabiting with them in a conjugal relationship, having so cohabited for a period of at least one year,

(b) a relative or dependant of the person,

(d) anyone who has in law or fact custody, or is responsible for the care or support, of a dependant of the person;

(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

“provincial parole board”
« commission provinciale »

“provincial parole board” has the same meaning as in Part II;

“unescorted temporary absence”
« permission de sortir sans escorte »

“unescorted temporary absence” has the same meaning as in Part II;

“working day”
« jour ouvrable »

“working day” means a day on which offices of the federal public administration are generally open in the province in question.

3. The heading before section 3 of the Act is replaced by the following:

Purpose and Principles

1995, c. 42, s. 2(F)

4. Section 4 of the Act and the heading before it are replaced by the following:

Paramount consideration

3.1 The protection of society is the paramount consideration for the Service in the corrections process.

Principles that guide Service

4. The principles that guide the Service in achieving the purpose referred to in section 3 are as follows:

(a) the sentence is carried out having regard to all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the offender, information from the trial or sentencing process, the release policies of and comments from the National Parole Board and information obtained from victims, offenders and other components of the criminal justice system;

(b) the Service enhances its effectiveness and openness through the timely exchange of relevant information with victims, offenders and other components of the criminal justice system and through communication about its correctional policies and programs to victims, offenders and the public;

(c) the Service uses measures that are consistent with the protection of society, staff members and offenders and that are limited to what is necessary and proportionate to the objective for which they are imposed;

(d) offenders retain the rights of all members of society except those that are, as a consequence of the sentence, lawfully removed or restricted;

(e) the Service facilitates the involvement of members of the public in matters relating to the operations of the Service;

(f) correctional decisions are made in a forthright and fair manner, with access by the offender to an effective grievance procedure;

(g) correctional policies, programs and practices respect gender, ethnic, cultural and linguistic differences and are responsive to the special needs of women, aboriginal peoples, persons requiring mental health care and other groups;

(h) offenders are expected to obey penitentiary rules and conditions governing tempo- rary absences, work release, parole, statutory release and long-term supervision and to actively participate in meeting the objectives of their correctional plans, including by participating in programs designed to promote their rehabilitation and reintegration; and

(i) staff members are properly selected and trained and are given

(i) appropriate career development opportunities,

(ii) good working conditions, including a workplace environment that is free of practices that undermine a person’s sense of personal dignity, and

(iii) opportunities to participate in the development of correctional policies and programs.

5. The Act is amended by adding the following after section 15:

Correctional Plans

Objectives for offender’s behaviour

15.1 (1) The institutional head shall cause a correctional plan to be developed in consultation with the offender as soon as practicable after their reception in a penitentiary. The plan is to contain, among others, the following:

(a) the level of intervention in respect of the offender’s needs; and

(b) objectives for

(i) the offender’s behaviour, including

(A) to conduct themselves in a manner that demonstrates respect for other persons and property,

(B) to obey penitentiary rules and respect the conditions governing their conditional release, if any,

(ii) their participation in programs, and

(iii) the meeting of their court-ordered obligations, including restitution to victims or child support.

Maintenance of plan

(2) The plan is to be maintained in consultation with the offender in order to ensure that they receive the most effective programs at the appropriate time in their sentence to rehabilitate them and prepare them for reintegration into the community, on release, as a law-abiding citizen.

Progress towards meeting objectives

(3) In making decisions on program selection for — or the transfer or conditional release of — an inmate, the Service shall take into account the offender’s progress towards meeting the objectives of their correctional plan.

Incentive measures

15.2 The Commissioner may provide offend- ers with incentives to encourage them to make progress towards meeting the objectives of their correctional plans.

1995, c. 22, s. 13 (Sch. II, item 1), c. 42, s. 6

6. Subsection 16(2) of the Act is replaced by the following:

Effect of confinement

(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 743.1 of the Criminal Code, subject to all the statutes, regulations and rules applicable in the penitentiary in which the person is confined.

7. (1) Subparagraph 26(1)(b)(ii) of the Act is replaced by the following:

(ii) the name and location of the penitentiary in which the sentence is being served,

(ii.1) if the offender is transferred, a summary of the reasons for the transfer and the name and location of the penitentiary in which the sentence is being served,

(ii.2) if the offender is to be transferred to a minimum security institution as designated by Commissioner’s Directive and it is possible to notify the victim before the transfer, a summary of the reasons for the transfer and the name and location of the institution in which the sentence is to be served,

(ii.3) the programs that were designed to address the needs of the offender and contribute to their successful reintegration into the community in which the offender is participating or has participated,

(ii.4) the serious disciplinary offences that the offender has committed,

(2) Subparagraph 26(1)(b)(vi) of the Act is replaced by the following:

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

8. The portion of section 28 of the Act before paragraph (a) is replaced by the following:

Criteria for selection of penitentiary

28. If a person is or is to be confined in a penitentiary, the Service shall take all reasonable steps to ensure that the penitentiary in which they are confined is one that provides them with an environment that contains only the necessary restrictions, taking into account

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

Subclassification

(3) Within the maximum and medium secu- rity classifications, the Commissioner may assign an inmate to a subclassification in accordance with the regulations made under paragraph 96(z.6).

Commissioner to give reasons

(4) The Commissioner or the staff member designated by the Commissioner shall give each inmate reasons, in writing, for assigning them to a subclassification or for changing that subclassification.

10. Section 31 of the Act is replaced by the following:

Purpose

31. (1) The purpose of administrative segregation is to maintain the security of the penitentiary or the safety of any person by not allowing an inmate to associate with other inmates.

Duration

(2) The inmate is to be released from administrative segregation at the earliest appropriate time.

Grounds for confining inmate in administrative segregation

(3) The institutional head may order that an inmate be confined in administrative segregation if the institutional head is satisfied that there is no reasonable alternative to administrative segregation and he or she believes on reasonable grounds that

(a) the inmate has acted, has attempted to act or intends to act in a manner that jeopardizes the security of the penitentiary or the safety of any person and allowing the inmate to associate with other inmates would jeopard- ize the security of the penitentiary or the safety of any person;

(b) allowing the inmate to associate with other inmates would interfere with an investigation that could lead to a criminal charge or a charge under subsection 41(2) of a serious disciplinary offence; or

11. Section 37 of the Act is replaced by the following:

Inmate rights

37. An inmate in administrative segregation has the same rights and conditions of confinement as other inmates, except for those that

(a) can only be enjoyed in association with other inmates; or

(b) cannot be enjoyed due to

(i) limitations specific to the administrative segregation area, or

(ii) security requirements.

12. (1) Paragraphs 40(f) and (g) of the Act are replaced by the following:

(f) is disrespectful toward a person in a manner that is likely to provoke them to be violent or toward a staff member in a manner that could undermine their authority;

(g) is abusive toward a person or intimidates them by threats that violence or other injury will be done to, or punishment inflicted on, them;

(2) Section 40 of the Act is amended by striking out “or” at the end of paragraph (r) and by adding the following after that paragraph:

(r.1) knowingly makes a false claim for compensation from the Crown;

(r.2) throws a bodily substance towards another person; or

13. (1) Paragraph 44(1)(c) of the Act is replaced by the following:

(c) an order to make restitution, including in respect of any property that is damaged or destroyed as a result of the offence;

(2) Paragraph 44(1)(f) of the Act is replaced by the following:

(f) in the case of a serious disciplinary offence, segregation from other inmates — with or without restrictions on visits with family, friends and other persons from outside the penitentiary — for a maximum of 30 days.

14. The Act is amended by adding the following after section 57:

Monitoring device

57.1 (1) The Service may demand that an offender wear a monitoring device in order to monitor their compliance with a condition of a temporary absence, work release, parole, statutory release or long-term supervision that restricts their access to a person or a geographical area or requires them to be in a geo- graphical area.

Representations

(2) An offender who is required to wear a monitoring device is to be given reasonable opportunities to make representations to the prescribed official in relation to the duration of the requirement.

15. Section 61 of the Act is amended by adding the following after subsection (3):

Exceptional power to search

(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

(a) there is a clear and substantial danger to the security of the penitentiary or the life or safety of persons because evidence exists that there is contraband at the penitentiary or that a criminal offence is being planned or has been committed at the penitentiary; and

(b) it is necessary to search the vehicles in order to locate and seize the contraband or other evidence and to avert the danger.

16. Section 84 of the Act is replaced by the following:

Release to aboriginal community

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

(a) adequate notice of the inmate’s parole review or their statutory release date, as the case may be; and

(b) an opportunity to propose a plan for the inmate’s release and integration into that community.

17. (1) Subsection 93(2) of the French version of the Act is replaced by the following:

Libération anticipée

(2) Le directeur peut libérer un détenu dans les cinq jours qui précèdent celui normalement prévu pour sa libération s’il est convaincu que cette mesure facilitera sa réinsertion sociale.

1995, c. 42, s. 23(2)

(2) Subsection 93(3.1) of the Act is repealed.

1995, c. 42, s. 24(1)

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

Temporary stay in penitentiary

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.

19. (1) Subparagraph 96(c)(i) of the French version of the Act is replaced by the following:

(i) les circonstances où une indemnité peut être versée,

(2) Section 96 of the Act is amended by adding the following after paragraph (m):

(m.1) authorizing the Commissioner to, by Commissioner’s Directive, make rules regarding the consequences of tampering with or refusing to wear a monitoring device referred to in section 57.1;

(3) Paragraph 96(p) of the Act is replaced by the following:

(p) authorizing the institutional head — or a staff member designated by him or her — to, in the prescribed circumstances, restrict or prohibit the entry into and removal from a penitentiary and the use by inmates of publications, video and audio materials, films and computer programs;

(4) Paragraph 96(s) of the Act is replaced by the following:

(s) respecting penitentiary industry, including regulations authorizing the Minister to establish advisory boards and appoint members to them and regulations providing for the remuneration of those members at rates determined by the Treasury Board and for the reimbursement of any travel and living expenses that are consistent with directives of the Treasury Board and are incurred by those members in performing their duties while away from their ordinary place of residence;

(5) Paragraph 96(y) of the Act is replaced by the following:

(y) respecting the procedure to be followed on the death of an inmate, including the circumstances in which the Service may pay transportation, funeral, cremation or burial expenses for a deceased inmate;

1995, c. 42, subpar. 72(a)(ii)(F)

(6) Paragraphs 96(z.6) to (z.8) of the Act are replaced by the following:

(z.6) respecting the assignment to inmates of security classifications and subclassifications under section 30 and setting out the factors to be considered in determining the security classification and subclassification;

(z.7) authorizing the institutional head — or a staff member designated by him or her — to, in the prescribed circumstances, monitor, intercept or prevent communications between an inmate and another person;

(z.8) respecting escorted temporary absences — including the circumstances in which the releasing authority may authorize an absence under section 17 — and work releases;

1995, c. 42, par. 70(a)(E); 1997, c. 17, s. 17(1)(F); 2003, c. 22, s. 155

20. (1) The definitions “day parole” and “working day” in subsection 99(1) of the Act are replaced by the following:

“day parole”
« semi-liberté »

“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 or statutory release, the conditions of which require the offender to return to a penitentiary, community-based residential facility, provincial correctional facility or other location each night or at another specified interval;

“working day”
« jour ouvrable »

“working day” has the same meaning as in Part I.

(2) Subsection 99(1) of the Act is amended by adding the following in alphabetical order:

“parole supervisor”
« surveillant de liberté conditionelle »

“parole supervisor” means a staff member as defined in subsection 2(1) or a person entrusted by the Service with the guidance and supervision of an offender;

21. Section 101 of the Act is replaced by the following:

Paramount consideration

100.1 The protection of society is the paramount consideration for the Board and the provincial parole boards in the determination of all cases.

Principles guiding parole boards

101. The principles that guide the Board and the provincial parole boards in achieving the purpose of conditional release are as follows:

(a) parole boards take into consideration all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the offender, information from the trial or sentencing process and information obtained from victims, offenders and other components of the criminal justice system, including assessments provided by correctional author- ities;

(b) parole boards enhance their effectiveness and openness through the timely exchange of relevant information with victims, offenders and other components of the criminal justice system and through communication about their policies and programs to victims, offenders and the general public;

(c) parole boards make decisions that are consistent with the protection of society and that are necessary and proportionate to the purpose of conditional release;

(d) parole boards adopt and are guided by appropriate policies and their members are provided with the training necessary to implement those policies; and

(e) offenders are provided with relevant information, reasons for decisions and access to the review of decisions in order to ensure a fair and understandable conditional release process.

1993, c. 34, s. 57(F)

22. Section 103 of the Act is replaced by the following:

Board continued

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.

23. Paragraph 115(1)(c) of the Act is replaced by the following:

(i) six months, and

(ii) one half of the period required to be served by the offender to reach their full parole eligibility date.

1997, c. 17, s. 21(1)

24. Section 119.1 of the Act is replaced by the following:

Definition of “sentence”

119.1 For the purpose of sections 120 to 120.3, and unless the context requires otherwise, a sentence is one that is not constituted under subsection 139(1).

1995, c. 42, s. 34; 1997, c. 17, s. 22(F); 1998, c. 35, s. 113(1); 2000, c. 24, ss. 39 and 40

25. Sections 120.1 to 120.3 of the Act are replaced by the following:

Multiple sentences on same day

120.1 (1) A person who is not serving a sentence and who receives more than one sentence on the same day is not eligible for full parole until the day on which they have served a period equal to the total of

(a) the period of ineligibility in respect of any portion of the sentence constituted under subsection 139(1) that is subject to an order under section 743.6 of the Criminal Code or section 140.4 of the National Defence Act, and

(b) the period of ineligibility in respect of any other portion of that sentence.

One or more additional consecutive sentences

(2) If an offender who is serving a sentence, or is serving a sentence that was constituted under subsection 139(1), receives an additional sentence that is to be served consecutively to the sentence they are serving when the additional sentence is imposed — or receives, on the same day, two or more additional sentences to be served consecutively and the additional sentences are to be served consecutively to the sentence they are serving when the additional sentences are imposed — the offender is not eligible for full parole until the day on which they have served, from the day on which the additional sentence is or sentences are imposed, the total of the following periods:

(a) any remaining period of ineligibility in respect of the sentence they are serving when the additional sentence is or sentences are imposed, and

(b) the period of ineligibility in respect of the additional sentence or, in the case of two or more additional sentences, a period equal to the total of the periods of ineligibility in respect of all of the additional sentences.

Additional sentence to be served consecutively to portion of sentence

(3) Despite subsection (2), if an offender who is serving a sentence that was constituted under subsection 139(1) receives an additional sentence that is to be served consecutively to a portion of the sentence they are serving when the additional sentence is imposed — or receives, on the same day, two or more additional sentences to be served consecutively to a portion of the sentence they are serving when the additional sentences are imposed — they are not eligible for full parole until the day that is the latest of

(a) the day on which they have served the period of ineligibility in respect of the sentence they are serving when the additional sentence is or sentences are imposed,

(b) the day on which they have served, from the day on which the additional sentence is imposed — or, if two or more additional sentences are imposed, from the day on which the additional sentences are imposed — the period of ineligibility in respect of the additional sentence or, in the case of two or more additional sentences, the period of ineligibility — determined in accordance with subsection (1) or (2) or 120.2(1), as the case may be — in respect of the additional sentences, and

(c) the day on which they have served the period of ineligibility in respect of the sentence that includes, as provided by subsection 139(1), the additional sentence.

Additional concurrent sentence

120.2 (1) Subject to subsection (2), if an offender who is serving a sentence, or is serving a sentence that was constituted under subsection 139(1), receives an additional sentence that is to be served concurrently with the sentence they are serving when the additional sentence is imposed, they are not eligible for full parole until the day that is the later of

(a) the day on which they have served the period of ineligibility in respect of the sentence they are serving when the additional sentence is imposed, and

(b) the day on which they have served

(i) the period of ineligibility in respect of any portion, of the sentence that includes the additional sentence as provided by subsection 139(1), that is subject to an order under section 743.6 of the Criminal Code or section 140.4 of the National Defence Act, and

(ii) the period of ineligibility in respect of any other portion of that sentence.

One or more sentences in addition to life sentence

(2) If an offender who is serving a life sentence or a sentence for an indeterminate period receives a sentence for a determinate period — or receives, on the same day, two or more sentences for a determinate period — they are not eligible for full parole until the day on which they have served, from the day on which the additional sentence is or sentences are imposed, the total of the following periods:

(a) any remaining period of ineligibility to which they are subject, and

(b) the period of ineligibility in respect of the additional sentence or, in the case of two or more additional sentences, the period of ineligibility — determined in accordance with subsection (1) or section 120.1, as the case may be — in respect of the additional sentences.

Reduction of period of ineligibility for parole

(3) If there has been a reduction — under section 745.6 of the Criminal Code, subsection 140.3(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act — in the number of years of imprisonment without eligibility for parole of an offender referred to in subsection (2), the offender is not eligible for full parole until the day on which they have served, from the day on which the additional sentence is or sentences are imposed, the total of the following periods:

(a) any remaining period of ineligibility to which they would have been subject after taking into account the reduction, and

Maximum period

120.3 Subject to section 745 of the Criminal Code, subsection 140.3(1) of the National Defence Act and subsection 15(1) of the Crimes Against Humanity and War Crimes Act, the day on which an offender is eligible for full parole shall not be later than

(a) in the case of a person who is not serving a sentence and receives more than one sentence on the same day, the day on which they have served 15 years from the day on which the sentences are imposed;

(b) in the case of an offender who is serving a sentence — or is serving a sentence that was constituted under subsection 139(1) — and who receives an additional sentence that changes the day on which they are eligible for parole, the day on which they have served 15 years from the day on which the additional sentence is imposed; and

(c) in the case of an offender who is serving a sentence — or is serving a sentence that was constituted under subsection 139(1) — and who receives, on the same day, two or more additional sentences that change the day on which they are eligible for parole, the day on which they have served 15 years from the day on which the additional sentences are imposed.

1998, c. 35, s. 115

26. (1) The portion of subsection 121(1) of the Act before paragraph (a) is replaced by the following:

Exceptional cases

121. (1) Subject to section 102 — and despite sections 119 to 120.3 of this Act, sections 746.1 and 761 of the Criminal Code, subsection 140.3(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act and any order made under section 743.6 of the Criminal Code or section 140.4 of the National Defence Act — parole may be granted at any time to an offender

(2) The portion of subsection 121(2) of the Act before paragraph (a) is replaced by the following:

Exceptions

(2) Paragraphs (1)(b) to (d) do not apply to an offender who is

27. (1) Subsection 122(4) of the Act is replaced by the following:

No application for one year

(4) No application for day parole may be made until one year after the date of the Board’s decision — or until any earlier time that the regulations prescribe or the Board determines — if, following a review, the Board

(a) does not direct that the offender be released on day parole;

(b) does not grant day parole; or

(2) Subsection 122(6) of the Act is replaced by the following:

Withdrawal of application

(6) An offender may not withdraw an application for day parole within 14 days before the commencement of the review unless the withdrawal is necessary and it was not possible to withdraw it earlier due to circumstances beyond their control.

1995, c. 42, par. 69(g)(E)

28. (1) Subsections 123(1) and (2) of the Act are replaced by the following:

Full parole review

123. (1) The Board shall, within the period prescribed by the regulations and for the purpose of deciding whether to grant full parole, review the case of every offender who is serving a sentence of two years or more and who is not within the jurisdiction of a provincial parole board.

Waiver of review

(2) The Board is not required under subsection (1), (5) or (5.1) to review the case of an offender who has advised the Board in writing that they do not wish to be considered for full parole and who has not in writing revoked that advice.

1995, c. 42, s. 37(2)

(2) Subsections 123(5) to (7) of the Act are replaced by the following:

Further review — Board does not grant parole

(5) If the Board decides not to grant parole following a review under subsection (1) or section 122 or if a review is not made by virtue of subsection (2), the Board shall conduct another review within two years after the later of the day on which the review took place or was scheduled to take place and thereafter within two years after that day until

(a) the offender is released on full parole or on statutory release;

(b) the offender’s sentence expires; or

Further review — Board terminates or cancels parole

(5.1) If the Board cancels or terminates parole, it shall conduct another review within two years after the cancellation or termination and, after that date, within two years after the day on which each preceding review takes place until

(a) the offender is released on full parole or statutory release;

(b) the offender’s sentence expires; or

No application for one year

(6) No application for full parole may be made until one year after the date of the Board’s decision — or until any earlier time that the regulations prescribe or the Board determines — if, following a review, the Board

(a) does not direct that the offender be released on full parole;

(b) does not grant full parole; or

Withdrawal of application

(7) An offender may not withdraw an application for full parole within 14 days before the commencement of the review unless the withdrawal is necessary and it was not possible to withdraw it earlier due to circumstances beyond their control.

29. (1) Subsection 124(1) of the Act is replaced by the following:

Offenders unlawfully at large

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

(2) Subsection 124(3) of the English version of the Act is replaced by the following:

Cancellation of parole

(3) If an offender has been granted parole under section 122 or 123, 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.

1995, c. 42, ss. 39 and 40; 1997, c. 17, ss. 24 and 25; 1999, c. 5, ss. 50 and 53; 2001, c. 41, s. 90

30. The heading before section 125 and sections 125 to 126.1 of the Act are repealed.

1995, c. 42, s. 41

31. Subsection 127(5) of the Act is replaced by the following:

If parole or statutory release revoked

(5) Subject to subsections 130(4) and (6), the statutory release date of an offender whose parole or statutory release is revoked is

(a) the day on which they have served two thirds of the unexpired portion of the sentence after being recommitted to custody as a result of a suspension or revocation under section 135; or

(b) if an additional sentence is imposed after the offender is recommitted to custody as a result of a suspension or revocation under section 135, the day on which they have served two thirds of the portion of the sentence — including the additional sentence — that begins on the day on which they are recommitted and ends on the day on which the sentence expires.

If additional sentence

(5.1) If an offender receives an additional sentence for an offence under an Act of Parliament and their parole or statutory release is not revoked, their statutory release date is the day on which they have served, from the earlier of the day on which they are recommitted to custody as a result of the suspension of their parole or statutory release and the day on which they are recommitted to custody as a result of the additional sentence,

(a) any time remaining before the statutory release date in respect of the sentence they are serving when the additional sentence is imposed; and

(b) two thirds of the period that equals the difference between the length of the sentence that includes the additional sentence and the length of the sentence that they are serving when the additional sentence is imposed.

32. The Act is amended by adding the following after section 127:

Youth Criminal Justice Act

127.1 Subject to this Act, a young person in respect of whom a youth sentence is imposed under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act and who is transferred to a penitentiary under subsection 89(2), 92(2) or 93(2) of that Act is entitled to be released from the penitentiary by virtue of statutory release on the day on which the custodial portion of their youth sentence would have expired.

2001, c. 27, s. 242

33. Subsections 128(3) and (4) of the Act are replaced by the following:

Sentence deemed to be completed

(3) Despite subsection (1), for the purposes of paragraph 50(b) of the Immigration and Refugee Protection Act and section 64 of the Extradition Act, the sentence of an offender who has been released on parole, statutory release or an unescorted temporary absence is deemed to be completed unless the parole or statutory release has been suspended, terminated or revoked, the unescorted temporary absence is suspended or cancelled or the offender has returned to Canada before the expiration of the sentence according to law.

Removal order

(4) Despite this Act, the Prisons and Reformatories Act and the Criminal Code, an offender against whom a removal order has been made under the Immigration and Refugee Protection Act is not eligible for day parole or an unescorted temporary absence until they are eligible for full parole.

1995, c. 42, ss. 44(2) to (4)

34. (1) Subsections 129(2) and (3) of the Act are replaced by the following:

Referral of cases to Board

(2) The Service shall, more than six months before the day on which an offender is entitled to be released on statutory release, refer the case to the Board — and provide the Board with any information that, in the Service’s opinion, is relevant to the case — if the Service is of the opinion that

(a) in the case of an offender who is serving a sentence that includes a sentence for an offence set out in Schedule I, including an offence set out in Schedule I that is punishable under section 130 of the National Defence Act,

(i) the commission of the offence caused the death of or serious harm to another person and there are reasonable grounds to believe that the offender is likely to commit an offence causing death or serious harm to another person before the expiration of the offender’s sentence according to law, or

(ii) the offence was a sexual offence involving a child and there are reasonable grounds to believe that the offender is likely to commit a sexual offence involving a child or an offence causing death or serious harm to another person before the expiration of the offender’s sentence according to law; or

(b) in the case of an offender who is serving a sentence that includes a sentence for an offence set out in Schedule II, including an offence set out in Schedule II that is punishable under section 130 of the National Defence Act, there are reasonable grounds to believe that the offender is likely to commit a serious drug offence before the expiration of the offender’s sentence according to law.

Referral of cases to Chairperson of Board

(3) If the Commissioner believes on reasonable grounds that an offender is likely, before the expiration of the sentence according to law, to commit an offence causing death or serious harm to another person, a sexual offence involving a child or a serious drug offence, the Commissioner shall refer the case to the Chairperson of the Board together with all the information in the possession of the Service that, in the Commissioner’s opinion, is relevant to the case, as soon as practicable after forming that belief. The referral must be made more than six months before the offender’s statutory release date unless

(a) the Commissioner formed that belief on the basis of the offender’s behaviour or information obtained during those six months; or

(b) as a result of a change in the statutory release date due to a recalculation, the statutory release date has passed or the offender is entitled to be released on statutory release during those six months.

(2) Paragraph (a) of the definition “sexual offence involving a child” in subsection 129(9) of the Act is amended by adding the following after subparagraph (iv):

(iv.1) section 163.1 (child pornography),

(3) Paragraph (a) of the definition “sexual offence involving a child” in subsection 129(9) of the Act is amended by adding the following after subparagraph (vii):

(vii.1) section 172.1 (luring a child),

1995, c. 42, s. 45(3)

35. Subsection 130(5) of the Act is replaced by the following:

Temporary absence with escort

(5) An offender who is in custody pursuant to an order made under subsection (3) or amended under paragraph (3.3)(b) is not eligible to be released from imprisonment, except on a temporary absence with escort under Part I for medical or administrative reasons.

1995, c. 42, s. 48(1)

36. Subsection 133(4.1) of the Act is replaced by the following:

Residence requirement

(4.1) In order to facilitate the successful reintegration into society of an offender, the releasing authority may, as a condition of statutory release, require that the offender reside in a community-based residential facility or a psychiatric facility if the releasing authority is satisfied that, in the absence of such a condition, the offender will present an undue risk to society by committing, before the expiration of their sentence according to law, an offence set out in Schedule I or an offence under section 467.11, 467.12 or 467.13 of the Criminal Code.

1995, c. 42, subpar. 71(a)(xviii)(F)

37. Subsection 134(2) of the Act is repealed.

1997, c. 17, s. 30

38. Subsection 134.2(2) of the Act is repealed.

1995, c. 42, s. 50(2)

39. (1) Subsection 135(2) of the Act is replaced by the following:

Automatic suspension of parole or statutory release

(1.1) If an offender who is on parole or statutory release receives an additional sentence, other than a conditional sentence under section 742.1 of the Criminal Code that is being served in the community or an intermittent sentence under section 732 of that Act, for an offence under an Act of Parliament, their parole or statutory release, as the case may be, is suspended on the day on which the additional sentence is imposed.

Apprehension and recommitment

(1.2) If an offender’s parole or statutory release is suspended under subsection (1.1), a member of the Board or a person designated, by name or position, by the Chairperson of the Board or the Commissioner may, by warrant, authorize the offender’s apprehension and recommitment to custody until

(a) the suspension is cancelled;

(b) the parole or statutory release is terminated or revoked; or

Transfer of offender

(2) A person designated under subsection (1) may, by warrant, order the transfer to a penitentiary of an offender who is recommitted to custody under subsection (1) or (1.2) or as a result of an additional sentence referred to in subsection (1.1) in a place other than a penitentiary.

1995, c. 42, s. 50(3)

(2) The portion of subsection 135(3) of the Act before paragraph (a) is replaced by the following:

Cancellation of suspension or referral

(3) Subject to subsection (3.1), the person who signs a warrant under subsection (1) or any other person designated under that subsection shall, forthwith after the recommitment of the offender, review the offender’s case and

(3) Section 135 of the Act is amended by adding the following after subsection (3):

Referral to Board — additional sentence

(3.1) If an offender’s parole or statutory release is suspended under subsection (1.1), or if an offender whose parole or statutory release is suspended under subsection (1) receives an additional sentence referred to in subsection (1.1), the suspension may not be cancelled and the case is to be referred to the Board by a person designated by name or position by the Commissioner, together with an assessment of the case, within the applicable number of days set out in subsection (3).

1995, c. 42, ss. 50(4) and (5)

(4) Subsection 135(5) of the Act is replaced by the following:

Review by Board — sentence of two years or more

(5) The Board shall, on the referral to it of the case of an offender who is serving a sentence of two years or more, review the case and — within the period prescribed by the regulations unless the Board, at the offender’s request, adjourns the hearing or a member of the Board or a person designated, by name or position, by the Chairperson postpones the review —

(a) if the Board is satisfied that the offender will, by reoffending before the expiration of their sentence according to law, present an undue risk to society,

(i) terminate the parole or statutory release if the undue risk is due to circumstances beyond the offender’s control, and

(ii) revoke it in any other case;

(b) if the Board is not satisfied as in paragraph (a), cancel the suspension; and

(c) if the offender is no longer eligible for parole or entitled to be released on statutory release, cancel the suspension or terminate or revoke the parole or statutory release.

(5) Section 135 of the Act is amended by adding the following after subsection (6.1):

If parole eligibility date in future

(6.2) If the Board cancels a suspension of parole under subsection (5) and the day on which the offender is eligible for parole, determined in accordance with any of sections 119 to 120.3, is later than the day on which the parole suspension is cancelled, the day or full parole is, subject to subsection (6.3), resumed on the day parole eligibility date or the full parole eligibility date, as the case may be.

Cancellation of parole — parole eligibility date in future

(6.3) If an offender’s parole is to resume under subsection (6.2), the Board may — before the parole resumes and after a review of the case based on information with which it could not reasonably have been provided at the time the parole suspension was cancelled — cancel the parole or, if the offender has been released, terminate the parole.

Review

(6.4) If the Board exercises its power under subsection (6.3) in the absence of a hearing, it shall, within the period prescribed by the regulations, review — and either confirm or cancel — its decision.

1995, c. 22, s. 18 (Sch. IV, item 19), c. 42, s. 50(7); 1997, c. 17, s. 32.1

(6) Subsections 135(9.1) to (9.5) of the Act are replaced by the following:

Non-application of subsection (1.1)

(9.1) Unless the lieutenant governor in council of a province in which there is a provincial parole board makes a declaration under subsection 113(1) that subsection (1.1) applies in respect of offenders under the jurisdiction of that provincial parole board, subsection (1.1) does not apply in respect of such offenders, other than an offender who

(a) is serving a sentence in a provincial correctional facility pursuant to an agreement entered into under paragraph 16(1)(a); or

(b) as a result of receiving an additional sentence referred to in subsection (1.1), is required, under section 743.1 of the Criminal Code, to serve the sentence in a penitentiary.

Parole inoperative

(9.2) If an offender to whom subsection (1.1) does not apply, and who is on parole that has not been revoked or terminated, receives an additional sentence that is to be served consecutively with the sentence the offender was serving when the additional sentence was imposed, the parole becomes inoperative and the offender shall be reincarcerated until the day on which the offender has served, from the day on which the additional sentence was imposed, the period of ineligibility in relation to the additional sentence. On that day, the parole is resumed, subject to the provisions of this Act, unless, before that day, the parole has been revoked or terminated.

1997, c. 17, s. 33

40. The portion of subsection 135.1(6) of the Act before paragraph (c) is replaced by the following:

Review by Board

(6) The Board shall, on the referral to it of the case of an offender, review the case and, before the end of the period referred to in subsection (2),

(a) cancel the suspension, if the Board is satisfied that, in view of the offender’s behaviour while being supervised, the resumption of long-term supervision would not constitute a substantial risk to society by reason of the offender reoffending before the expiration of the period of long-term supervision; or

1997, c. 17, s. 33

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

Warrant for apprehension and recommitment

136. A member of the Board or a person designated, by name or position, by the Chairperson of the Board or the Commissioner may, by warrant, authorize an offender’s apprehension and recommitment to custody if

(a) their parole is terminated or revoked or becomes inoperative under subsection 135(9.2); or

(b) their statutory release is terminated or revoked or they are no longer entitled to be released on statutory release as a result of a change to their statutory release date under subsection 127(5.1).

42. The Act is amended by adding the following after section 137:

Arrest without warrant — breach of conditions

137.1 A peace officer may arrest an offender without warrant for a breach of a condition of their parole, statutory release or unescorted temporary absence unless the peace officer

(a) believes on reasonable grounds that the public interest may be satisfied without arresting the person, having regard to all the circumstances including the need to

(i) establish the identity of the person, or

(ii) prevent the continuation or repetition of the breach; and

(b) does not believe on reasonable grounds that the person will fail to report to their parole supervisor in order to be dealt with according to law if the peace officer does not arrest the person.

1995, c. 42, s. 53

43. Subsection 138(6) of the Act is replaced by the following:

Effect of revocation on statutory release

(6) Subject to subsections 130(4) and (6), an offender whose parole or statutory release has been revoked is entitled to be released on statutory release in accordance with subsection 127(5).

44. The heading before section 139 of the Act is replaced by the following:

Merged Sentences

1995, c. 42, s. 54

45. Subsection 139(1) of the Act is replaced by the following:

Multiple sentences

139. (1) For the purposes of the Criminal Code, the Prisons and Reformatories Act, the International Transfer of Offenders Act and this Act, a person who is subject to two or more sentences is deemed to have been sentenced to one sentence beginning on the first day of the first of those sentences to be served and ending on the last day of the last of them to be served.

1995, c. 42, s. 55(1)(E)

46. (1) Paragraph 140(1)(b) of the Act is replaced by the following:

(b) the first review for full parole under subsection 123(1) and subsequent reviews under subsection 123(5) or (5.1);

(2) Section 140 of the Act is amended by adding the following after subsection (9):

Presentation of statements

(10) If they are attending a hearing as an observer,

(a) a victim may present a statement describing the harm done to them or loss suffered by them as a result of the commission of the offence and the continuing impact of the commission of the offence — including any safety concerns — and commenting on the possible release of the offender; and

(b) a person referred to in subsection 142(3) may present a statement describing the harm done to them or loss suffered by them as a result, and the continuing impact, of any act of the offender in respect of which a complaint was made to the police or Crown attorney or an information laid under the Criminal Code — including any safety concerns — and commenting on the possible release of the offender.

Presentation of statements in absence of person

(11) If a victim or a person referred to in subsection 142(3) is not attending a hearing, their statement may be presented at the hearing in a format that the Board considers appropriate.

Communication of statement in writing

(12) A victim or a person referred to in subsection 142(3) shall, before the hearing, deliver to the Board a transcript of the statement that they plan to present under subsection (10) or (11).

47. Subsection 141(3) of the Act is replaced by the following:

Waiver and postponement

(3) An offender may waive the right to be provided with the information or summary or to have it provided within the period referred to in subsection (1). If they waive the latter right and they receive information so late that it is not possible for them to prepare for the review, they are entitled to a postponement and a member of the Board or a person designated by name or position by the Chairperson of the Board shall, at the offender’s request, postpone the review for the period that the member or person determines. If the Board receives information so late that it is not possible for it to prepare for the review, a member of the Board or a person designated by name or position by the Chairperson of the Board may postpone the review for any reasonable period that the member or person determines.

48. Paragraph 142(1)(b) of the Act is amended by striking out “and” at the end of subparagraph (vii), by adding “and” at the end of subparagraph (viii) and by adding the following after subparagraph (viii):

(ix) the reason for a waiver of the right to a hearing under subsection 140(1) if the offender gives one.

49. Subsection 144(1) of the Act is replaced by the following:

Registry of decisions

144. (1) The Board shall maintain a registry of the decisions rendered by it under this Part or under paragraph 746.1(2)(c) or 3(c) of the Criminal Code and its reasons for those decisions.

50. Subsection 146(1) of the Act is replaced by the following:

Constitution of Appeal Division

146. (1) There shall be a division of the Board known as the Appeal Division, consisting of not more than six full-time members and a number of part-time members designated by the Governor in Council, on the recommendation of the Minister, from among the members appointed under section 103.

51. The Act is amended by adding the following after section 154:

Board members not to be witnesses

154.1 A member of the Board is not a competent or compellable witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise or purported exercise of their functions under this or any other Act of Parliament.

52. Section 157 of the Act is amended by adding the following in alphabetical order:

“statutory release”
« libération d’office »

“statutory release” has the same meaning as in Part II.

53. Subsection 225(2) of the Act is repealed.

54. Schedule I to the Act is amended by replacing “(Subsections 107(1), 125(1) and 126(7) and sections 129 and 130)” after the heading “SCHEDULE I” with “(Subsections 107(1), 129(1) and (2), 130(3) and (4), 133(4.1) and 156(3))”.

2001, c. 41, s. 91

55. (1) Paragraph 1(a) of Schedule I to the Act is replaced by the following:

(a) sections 46 and 47 (high treason);

(a.01) section 75 (piratical acts);

(2) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (a.5):

(a.6) section 83.18 (participation in activity of terrorist group);

(a.7) section 83.19 (facilitating terrorist activity);

(a.8) section 83.2 (commission of offence for terrorist group);

(a.9) section 83.21 (instructing to carry out activity for terrorist group);

(a.91) section 83.22 (instructing to carry out terrorist activity);

(3) Paragraph 1(c) of Schedule I to the Act is replaced by the following:

(c.1) section 98 (breaking and entering to steal firearm);

(c.2) section 98.1 (robbery to steal firearm);

(4) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (g):

(g.1) section 153.1 (sexual exploitation of person with disability);

(5) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (j):

(j.1) section 163.1 (child pornography);

(6) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (m):

(m.1) section 172.1 (luring a child);

(7) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (n):

(n.1) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of 18 years);

(8) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (r):

(r.1) section 244.1 (causing bodily harm with intent — air gun or pistol);

(r.2) section 245 (administering noxious thing);

(9) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (s):

(s.01) section 247 (traps likely to cause bodily harm);

(s.02) section 248 (interfering with transportation facilities);

(10) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (s.1):

(s.11) subsections 249.1(3) and (4) (flight causing bodily harm or death);

(s.12) section 249.2 (causing death by criminal negligence (street racing));

(s.13) section 249.3 (causing bodily harm by criminal negligence (street racing));

(s.14) section 249.4 (dangerous operation of motor vehicle while street racing);

(11) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (s.3):

(s.4) section 264.1 (uttering threats);

(12) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (w):

(w.1) section 269.1 (torture);

(13) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (z.1):

(z.11) section 273.3 (removal of child from Canada);

(14) Paragraph 1(z.2) of Schedule I to the English version of the Act is replaced by the following:

(z.2) section 279 (kidnapping and forcible confinement);

(15) Paragraph 1(z.3) of Schedule I to the Act is replaced by the following:

(z.3) sections 343 and 344 (robbery);

(z.301) section 346 (extortion);

56. Schedule I to the Act is amended by adding the following after section 5:

5.1 If prosecuted by way of indictment, the offence of pointing a firearm, as provided for by subsection 86(1) of the Criminal Code, as it read immediately before December 1, 1998.

57. Schedule II to the Act is amended by replacing “(Subsections 107(1) and 125(1) and sections 129, 130 and 132)” after the heading “SCHEDULE II” with “(Subsections 107(1), 129(1), (2) and (9), 130(3) and (4) and 156(3))”.

TRANSITIONAL PROVISIONS

Application

58. The accelerated parole review process in the Corrections and Conditional Release Act, as that Act read on the day before the day on which this section comes into force, continues to apply to offenders who were sentenced, committed or transferred to penitentiary for the first time — other than under an agreement referred to in paragraph 16(1)(b) of the Corrections and Conditional Release Act — before the day on which this section comes into force.

Recalculation of statutory release date

59. Subsection 127(5.1) of the Corrections and Conditional Release Act, as enacted by section 31, applies only in respect of an offender who is on parole or statutory release and who receives an additional sentence for an offence under an Act of Parliament on or after the day on which this section comes into force.

Detention

60. Subparagraph 129(2)(a)(ii) of the Corrections and Conditional Release Act and subparagraph (a)(iv.1) of the definition “sexual offence involving a child” in subsection 129(9) of that Act, as enacted by section 34, apply in respect of an offender who is sentenced in respect of an offence referred to in either subparagraph, even if they were sentenced, committed or transferred to a penitentiary before the day on which this section comes into force.

Automatic suspension, cancellation or revocation

61. Subsections 135(1.1) to (3.1), (6.2) to (6.4), (9.1) and (9.2) of the Corrections and Conditional Release Act, as enacted or amended by section 39, apply only in respect of an offender who receives an additional sentence on or after the day on which this section comes into force.

CONSEQUENTIAL AMENDMENTS

1995, c. 42

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

62. Section 89 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.

1997, c. 17

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

63. Subsection 21(2) of 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 is repealed.

2001, c. 41

Anti-terrorism Act

64. (1) Paragraph 94(1)(a) of the Anti-terrorism Act is repealed.

(2) Subsection 94(2) of the Act is repealed.

R.S., c. C-46

Criminal Code

1997, c. 17, s. 4; 2008, c. 6, s. 45(3)(F)

65. Subsection 753.2(3) of the Criminal Code is replaced by the following:

Application for reduction in period of long-term supervision

(3) An offender who is required to be supervised, a member of the National Parole Board or, on approval of that Board, the offender’s parole supervisor, as defined in subsection 99(1) of the Corrections and Conditional Release Act, may apply to a superior court of criminal jurisdiction for an order reducing the period of long-term supervision or terminating it on the ground that the offender no longer presents a substantial risk of reoffending and thereby being a danger to the community. The onus of proving that ground is on the applicant.

COMING INTO FORCE

Order in council

66. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

Published under authority of the Speaker of the House of Commons

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