Bill C-10

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1st Session, 41st Parliament,

60 Elizabeth II, 2011

house of commons of canada

BILL C-10

An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and 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 Safe Streets and Communities Act.

PART 1

JUSTICE FOR VICTIMS OF TERRORISM ACT

Enactment of Act

2. The Justice for Victims of Terrorism Act is enacted as follows:

An Act to deter acts of terrorism against Canada and Canadians

Preamble

Whereas Canadians and people everywhere are entitled to live their lives in peace, freedom and security;

Whereas Parliament recognizes that terrorism is a matter of national concern that affects the security of the nation and considers it a priority to deter and prevent acts of terrorism against Canada and Canadians;

Whereas acts of terrorism threaten Canada’s political institutions, the stability of the economy and the general welfare of the nation;

Whereas the challenge of eradicating terrorism, with its sophisticated and trans-border nature, requires enhanced international cooperation and a strengthening of Canada’s capacity to suppress and incapacitate acts of terrorism;

Whereas United Nations Security Council Resolution 1373 (2001) reaffirms that acts of international terrorism constitute a threat to international peace and security, and reaffirms the need to combat by all means, in accordance with the Charter of the United Nations, threats to international peace and security caused by acts of terrorism;

Whereas Canada ratified the 1999 International Convention for the Suppression of the Financing of Terrorism on February 15, 2002;

Whereas hundreds of Canadians have been murdered or injured in terrorist attacks;

Whereas terrorism is dependent on financial and material support;

Whereas certain states that support terrorism should not benefit from state immunity in this regard;

And whereas Parliament considers that it is in the public interest to enable plaintiffs to bring lawsuits against terrorists and their supporters, which will have the effect of impairing the functioning of terrorist groups in order to deter and prevent acts of terrorism against Canada and Canadians;

Now, therefore, 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 Justice for Victims of Terrorism Act.

INTERPRETATION

Definitions

2. The following definitions apply in this Act.

“foreign state”
« État étranger »

“foreign state” has the same meaning as in section 2 of the State Immunity Act.

“listed entity”
« entité inscrite »

“listed entity” has the same meaning as in subsection 83.01(1) of the Criminal Code.

“person”
« personne »

“person” includes an organization as defined in section 2 of the Criminal Code.

PURPOSE

Purpose

3. The purpose of this Act is to deter terrorism by establishing a cause of action that allows victims of terrorism to sue perpetrators of terrorism and their supporters.

CAUSE OF ACTION

Action

4. (1) Any person that has suffered loss or damage in or outside Canada on or after January 1, 1985 as a result of an act or omission that is, or had it been committed in Canada would be, punishable under Part II.1 of the Criminal Code, may, in any court of competent jurisdiction, bring an action to recover an amount equal to the loss or damage proved to have been suffered by the person and obtain any additional amount that the court may allow, from any of the following:

(a) any listed entity or other person that committed the act or omission that resulted in the loss or damage; or

(b) a foreign state or listed entity or other person that — for the benefit of or otherwise in relation to the listed entity referred to in paragraph (a) — committed an act or omission that is, or had it been committed in Canada would be, punishable under any of sections 83.02 to 83.04 and 83.18 to 83.23 of the Criminal Code.

Real and substantial connection to Canada

(2) A court may hear and determine the action referred to in subsection (1) only if the action has a real and substantial connection to Canada.

Suspension of limitation or prescription period

(3) A limitation or prescription period in respect of an action brought under subsection (1) does not begin before the day on which this section comes into force and is suspended during any period in which the person that suffered the loss or damage

(a) is incapable of beginning the action because of any physical, mental or psychological condition; or

(b) is unable to ascertain the identity of the listed entity, person or foreign state referred to in paragraph (1)(a) or (b).

Refusal to hear claim

(4) The court may refuse to hear a claim against a foreign state under subsection (1) if the loss or damage to the plaintiff occurred in the foreign state and the plaintiff has not given the foreign state a reasonable opportunity to submit the dispute to arbitration in accordance with accepted international rules of arbitration.

Judgments of foreign courts

(5) A court of competent jurisdiction must recognize a judgment of a foreign court that, in addition to meeting the criteria under Canadian law for being recognized in Canada, is in favour of a person that has suffered loss or damage referred to in subsection (1). However, if the judgment is against a foreign state, that state must be set out on the list referred to in subsection 6.1(2) of the State Immunity Act for the judgment to be recognized.

R.S., c. S-18

Amendments to the State Immunity Act

3. The heading before section 2 of the French version of the State Immunity Act is replaced by the following:

DÉFINITIONS ET INTERPRÉTATION

4. The Act is amended by adding the following after section 2:

Meaning of supports terrorism

2.1 For the purposes of this Act, a foreign state supports terrorism if it commits, for the benefit of or otherwise in relation to a listed entity as defined in subsection 83.01(1) of the Criminal Code, an act or omission that is, or had it been committed in Canada would be, punishable under any of sections 83.02 to 83.04 and 83.18 to 83.23 of the Criminal Code.

5. The Act is amended by adding the following after section 6:

Support of terrorism

6.1 (1) A foreign state that is set out on the list referred to in subsection (2) is not immune from the jurisdiction of a court in proceedings against it for its support of terrorism on or after January 1, 1985.

List of foreign states

(2) The Governor in Council may, by order, establish a list on which the Governor in Council may, at any time, set out the name of a foreign state if, on the recommendation of the Minister of Foreign Affairs made after consulting with the Minister of Public Safety and Emergency Preparedness, the Governor in Council is satisfied that there are reasonable grounds to believe that the foreign state supported or supports terrorism.

Establishment of list

(3) The list must be established no later than six months after the day on which this section comes into force.

Application to be removed from list

(4) On application in writing by a foreign state, the Minister of Foreign Affairs must, after consulting with the Minister of Public Safety and Emergency Preparedness, decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant no longer be set out on the list.

Notice of decision to applicant

(5) The Minister of Foreign Affairs must without delay give notice to the applicant of that Minister’s decision respecting the application.

New application

(6) A foreign state set out on the list may not make another application under subsection (4), unless there has been a material change in its circumstances since the foreign state made its last application or the Minister of Foreign Affairs has completed the review under subsection (7).

Review of list

(7) Two years after the establishment of the list, and every two years after that, the Minister of Foreign Affairs must

(a) review the list in consultation with the Minister of Public Safety and Emergency Preparedness to determine whether there are still reasonable grounds, as set out in subsection (2), for a foreign state to be set out on the list and make a recommendation to the Governor in Council as to whether the foreign state should remain set out on the list; and

(b) review the list in consultation with the Minister of Public Safety and Emergency Preparedness to determine whether there are reasonable grounds, as set out in subsection (2), for a foreign state that is not set out on the list to be set out on the list and make a recommendation to the Governor in Council as to whether the foreign state should be set out on the list.

Effect of review

(8) The review does not affect the validity of the list.

Completion of review

(9) The Minister of Foreign Affairs must complete the review as soon as feasible, but in any case within 120 days, after its commencement. After completing the review, that Minister must without delay cause a notice to be published in the Canada Gazette that it has been completed.

Effect of removal from list on proceedings

(10) If proceedings for support of terrorism are commenced against a foreign state that is set out on the list, the subsequent removal of the foreign state from the list does not have the effect of restoring the state’s immunity from the jurisdiction of a court in respect of those proceedings or any related appeal or enforcement proceedings.

6. Subsection 11(3) of the Act is replaced by the following:

Exception

(3) This section does not apply either to an agency of a foreign state or to a foreign state that is set out on the list referred to in subsection 6.1(2) in respect of an action brought against that foreign state for its support of terrorism.

7. (1) Paragraph 12(1)(b) of the Act is replaced by the following:

(b) the property is used or is intended to be used for a commercial activity or, if the foreign state is set out on the list referred to in subsection 6.1(2), is used or is intended to be used by it to support terrorism;

(2) Subsection 12(1) of the Act is amended by adding “or” at the end of paragraph (c) and by adding the following after that paragraph:

(d) the foreign state is set out on the list referred to in subsection 6.1(2) and the attachment or execution relates to a judgment rendered in an action brought against it for its support of terrorism and to property other than property that has cultural or historical value.

8. The Act is amended by adding the following after section 12:

Assistance for judgment creditors

12.1 (1) At the request of any party in whose favour a judgment is rendered against a foreign state in proceedings referred to in section 6.1, the Minister of Finance or the Minister of Foreign Affairs may, within the confines of his or her mandate, assist, to the extent that is reasonably practical, any judgment creditor in identifying and locating the following property, unless the Minister of Foreign Affairs believes that to do so would be injurious to Canada’s international relations or either Minister believes that to do so would be injurious to Canada’s other interests:

(a) in the case of the Minister of Finance, the financial assets of the foreign state that are held within Canadian jurisdiction; and

(b) in the case of the Minister of Foreign Affairs, the property of the foreign state that is situated in Canada.

Disclosure of information

(2) In exercising the power referred to in subsection (1), the Minister of Finance or the Minister of Foreign Affairs, as the case may be, may not disclose

(a) information that was produced in or for a government institution, without the authorization of the government institution; and

(b) information produced in circumstances other than those referred to in paragraph (a), without the authorization of the government institution that first received the information.

Definition of “government institution”

(3) In subsection (2), “government institution” means any department, branch, office, board, agency, commission, corporation or other body for the administration or affairs of which a minister is accountable to Parliament.

9. Subsection 13(2) of the Act is replaced by the following:

Exception

(2) Subsection (1) does not apply either to an agency of a foreign state or to a foreign state that is set out on the list referred to in subsection 6.1(2) in respect of an action brought against that foreign state for its support of terrorism.

PART 2

SENTENCING

R.S., c. C-46

Criminal Code

10. Subsection 7(4.1) of the Criminal Code is amended by replacing “171” with “171, 171.1, 172.1, 172.2”.

2005, c. 32, s. 3

11. Paragraphs 151(a) and (b) of the Act are replaced by the following:

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

(b) is guilty of an offence punishable on summary conviction and is liable to impris- onment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

2005, c. 32, s. 3

12. Paragraphs 152(a) and (b) of the Act are replaced by the following:

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

(b) is guilty of an offence punishable on summary conviction and is liable to impris- onment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

2005, c. 32, s. 4(2)

13. Paragraphs 153(1.1)(a) and (b) of the Act are replaced by the following:

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

(b) is guilty of an offence punishable on summary conviction and is liable to impris- onment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

14. Subsection 155(2) of the Act is replaced by the following:

Punishment

(2) Everyone who commits incest is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and, if the other person is under the age of 16 years, to a minimum punishment of imprisonment for a term of five years.

R.S., c. 19 (3rd Supp.), s. 3; 2008, c. 6, par. 54(d)

15. Subsection 160(3) of the Act is replaced by the following:

Bestiality in presence of or by child

(3) Despite subsection (1), every person who commits bestiality in the presence of a person under the age of 16 years, or who incites a person under the age of 16 years to commit bestiality,

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

(b) is guilty of an offence punishable on summary conviction and is liable to impris- onment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

2002, c. 13, s. 4(2); 2008, c. 6, par. 54(e)

16. (1) Subsection 161(1) of the Act is amended by striking out “or” at the end of paragraph (b) and by replacing paragraph (c) with the following:

(c) having any contact — including communicating by any means — with a person who is under the age of 16 years, unless the offender does so under the supervision of a person whom the court considers appropriate; or

(d) using the Internet or other digital network, unless the offender does so in accord- ance with conditions set by the court.

(2) Paragraph 161(1.1)(a) of the Act is amended by replacing

(a) “171 or 172.1” with “171, 171.1, 172.1 or 172.2”;

(b) “173(2)” with “173(2) or 212(1), (2), (2.1) or (4)”; and

2005, c. 32, s. 7(2)

17. (1) Paragraph 163.1(2)(b) of the Act is replaced by the following:

(b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding two years less a day and to a minimum punishment of imprisonment for a term of six months.

2005, c. 32, s. 7(3)

(2) Paragraph 163.1(3)(b) of the Act is replaced by the following:

(b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding two years less a day and to a minimum punishment of imprisonment for a term of six months.

2005, c. 32, s. 7(4)

(3) Paragraphs 163.1(4)(a) and (b) of the Act are replaced by the following:

(a) an indictable offence and is liable to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months; or

(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

2005, c. 32, s. 7(5)

(4) Paragraphs 163.1(4.1)(a) and (b) of the Act are replaced by the following:

(a) an indictable offence and is liable to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months; or

(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

2008, c. 18, s. 4

18. The portion of subsection 164.2(1) of the Act before paragraph (a) is replaced by the following:

Forfeiture after conviction

164.2 (1) On application of the Attorney General, a court that convicts a person of an offence under section 163.1, 172.1 or 172.2, in addition to any other punishment that it may impose, may order that anything — other than real property — be forfeited to Her Majesty and disposed of as the Attorney General directs if it is satisfied, on a balance of probabilities, that the thing

2005, c. 32, s. 9.1; 2008, c. 6, par. 54(f)

19. Paragraphs 170(a) and (b) of the Act are replaced by the following:

(a) to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year if the person procured is under the age of 16 years; or

(b) to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months if the person procured is 16 years of age or more but under the age of 18 years.

2005, c. 32, s. 9.1; 2008, c. 6, par. 54(g)

20. Paragraph 171(b) of the Act is replaced by the following:

(b) to imprisonment for a term not exceeding two years and to a minimum punishment of imprisonment for a term of 90 days if the person is 16 years of age or more but under the age of 18 years.

21. The Act is amended by adding the following after section 171:

Making sexually explicit material available to child

171.1 (1) Every person commits an offence who transmits, makes available, distributes or sells sexually explicit material to

(a) a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of an offence under subsection 153(1), section 155, 163.1, 170 or 171 or subsection 212(1), (2), (2.1) or (4) with respect to that person;

(b) a person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of an offence under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to that person; or

(c) a person who is, or who the accused believes is, under the age of 14 years, for the purpose of facilitating the commission of an offence under section 281 with respect to that person.

Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years and to a minimum punishment of imprisonment for a term of 90 days; or

(b) is guilty of an offence punishable on summary conviction and is liable to impris- onment for a term of not more than six months and to a minimum punishment of imprisonment for a term of 30 days.

Presumption

(3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of 18, 16 or 14 years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age.

No defence

(4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least 18, 16 or 14 years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person.

Definition of “sexually explicit material”

(5) In subsection (1), “sexually explicit material” means material that is not child pornography, as defined in subsection 163.1(1), and that is

(a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,

(i) that shows a person who is engaged in or is depicted as engaged in explicit sexual activity, or

(ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a person’s genital organs or anal region or, if the person is female, her breasts;

(b) written material whose dominant characteristic is the description, for a sexual purpose, of explicit sexual activity with a person; or

(c) an audio recording whose dominant characteristic is the description, presentation or representation, for a sexual purpose, of explicit sexual activity with a person.

2002, c. 13, s. 8; 2008, c. 6, s. 14

22. (1) The portion of subsection 172.1(1) of the Act before paragraph (c) is replaced by the following:

Luring a child

172.1 (1) Every person commits an offence who, by a means of telecommunication, communicates with

2002, c. 13, s. 8; 2007, c. 20, s. 1

(2) Subsection 172.1(2) of the Act is replaced by the following:

Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

(b) is guilty of an offence punishable on summary conviction and is liable to impris- onment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

2002, c. 13, s. 8

(3) Subsection 172.1(3) of the French version of the Act is replaced by the following:

Présomption

(3) La preuve que la personne visée aux alinéas (1)a), b) ou c) a été présentée à l’accusé comme ayant moins de dix-huit, seize ou quatorze ans, selon le cas, constitue, sauf preuve contraire, la preuve que l’accusé la croyait telle.

R.S., c. 19 (3rd Supp.), s. 7(1); 2010, c. 17, s. 2

23. Section 173 of the Act is replaced by the following:

Agreement or arrangement — sexual offence against child

172.2 (1) Every person commits an offence who, by a means of telecommunication, agrees with a person, or makes an arrangement with a person, to commit an offence

(a) under subsection 153(1), section 155, 163.1, 170 or 171 or subsection 212(1), (2), (2.1) or (4) with respect to another person who is, or who the accused believes is, under the age of 18 years;

(b) under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to another person who is, or who the accused believes is, under the age of 16 years; or

Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

(b) is guilty of an offence punishable on summary conviction and is liable to impris- onment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

Presumption

No defence

(5) It is not a defence to a charge under paragraph (1)(a), (b) or (c)

(a) that the person with whom the accused agreed or made an arrangement was a peace officer or a person acting under the direction of a peace officer; or

(b) that, if the person with whom the accused agreed or made an arrangement was a peace officer or a person acting under the direction of a peace officer, the person referred to in paragraph (1)(a), (b) or (c) did not exist.

Indecent acts

173. (1) Everyone who wilfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person,

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years; or

(b) is guilty of an offence punishable on summary conviction and is liable to impris- onment for a term of not more than six months.

Exposure

(2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years and to a minimum punishment of imprisonment for a term of 90 days; or

(b) is guilty of an offence punishable on summary conviction and is liable to impris- onment for a term of not more than six months and to a minimum punishment of imprisonment for a term of 30 days.

24. Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (xxix):

(xxix.1) section 170 (parent or guardian procuring sexual activity),

(xxix.2) section 171 (householder permitting sexual activity),

(xxix.3) section 171.1 (making sexually explicit material available to child),

(xxix.4) section 172.1 (luring a child),

(xxix.5) section 172.2 (agreement or arrangement — sexual offence against child),

R.S., c. 19 (3rd Supp.), s. 10; 1994, c. 44, s. 19

25. Section 271 of the Act is replaced by the following:

Sexual assault

271. Everyone who commits a sexual assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding 10 years and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of one year; or

(b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding 18 months and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of 90 days.

26. Subsection 272(2) of the Act is amended by striking out “and” at the end of paragraph (a.1) and by adding the following after that paragraph:

(a.2) if the complainant is under the age of 16 years, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of five years; and

27. Subsection 273(2) of the Act is amended by striking out “and” at the end of paragraph (a.1) and by adding the following after that paragraph:

(a.2) if the complainant is under the age of 16 years, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years; and

28. Subsection 486(3) of the Act is amended by replacing “171, 172, 172.1” with “170, 171, 171.1, 172, 172.1, 172.2”.

29. Subparagraph 486.4(1)(a)(i) of the Act is amended by replacing

(a) “171, 172, 172.1” with “171, 171.1, 172, 172.1, 172.2”; and

(b) “279.03” with “279.03, 280, 281”.

2010, c. 17, s. 3(1)

30. Subparagraph (a)(i.91) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:

(i.901) section 171.1 (making sexually explicit material available to child),

(i.91) section 172.1 (luring a child),

(i.911) section 172.2 (agreement or arrangement — sexual offence against child),

2004, c. 10, s. 20

31. Subparagraph (a)(x) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:

(ix.1) section 171.1 (making sexually explicit material available to child),

(x) section 172.1 (luring a child),

(x.1) section 172.2 (agreement or arrangement — sexual offence against child),

2001, c. 41, s. 133(15)

32. (1) Paragraph 515(4.1)(c) of the Act is replaced by the following:

1999, c. 5, s. 21

(2) Paragraph 515(6)(d) of the Act is replaced by the following:

(d) with having committed an offence punishable by imprisonment for life under any of sections 5 to 7 of the Controlled Drugs and Substances Act or the offence of conspiring to commit such an offence.

1996, c. 19, s. 72

33. Subparagraph 553(c)(xi) of the Act is replaced by the following:

(xi) paragraph 5(3)(a.1) of the Controlled Drugs and Substances Act.

2007, c. 12, s. 1

34. Section 742.1 of the Act is replaced by the following:

Imposing of conditional sentence

742.1 If a person is convicted of an offence and the court imposes a sentence of imprisonment of less than two years, the court may, for the purpose of supervising the offender’s behaviour in the community, order that the offender serve the sentence in the community, subject to the conditions imposed under section 742.3, if

(a) the court is satisfied that the service of the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.2;

(b) the offence is not an offence punishable by a minimum term of imprisonment;

(c) the offence is not an offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 14 years or life;

(d) the offence is not a terrorism offence, or a criminal organization offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years or more;

(e) the offence is not an offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years, that

(i) resulted in bodily harm,

(ii) involved the import, export, trafficking or production of drugs, or

(iii) involved the use of a weapon; and

(f) the offence is not an offence, prosecuted by way of indictment, under any of the following provisions:

(i) section 144 (prison breach),

(ii) section 264 (criminal harassment),

(iii) section 271 (sexual assault),

(iv) section 279 (kidnapping),

(v) section 279.02 (trafficking in persons — material benefit),

(vi) section 281 (abduction of person under fourteen),

(vii) section 333.1 (motor vehicle theft),

(viii) paragraph 334(a) (theft over $5000),

(ix) paragraph 348(1)(e) (breaking and entering a place other than a dwelling-house),

(x) section 349 (being unlawfully in a dwelling-house), and

(xi) section 435 (arson for fraudulent purpose).

2008, c. 6, s. 40

35. Subparagraph (b)(x) of the definition “designated offence” in section 752 of the Act is replaced by the following:

(ix.1) section 172.2 (agreement or arrangement — sexual offence against child),

(x) subsection 212(1) (procuring),

(x.1) subsection 212(2) (living on avails of prostitution of person under eighteen),

2002, c. 13, s. 76

36. Paragraph 753.1(2)(a) of the Act is replaced by the following:

(a) the offender has been convicted of an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 163.1(2) (making child pornography), 163.1(3) (distribution, etc., of child pornography), 163.1(4) (possession of child pornography) or 163.1(4.1) (accessing child pornography), section 170 (parent or guardian procuring sexual activity), 171 (householder permitting sexual activity), 171.1 (making sexually explicit material available to child), 172.1 (luring a child) or 172.2 (agreement or arrangement — sexual offence against child), subsection 173(2) (exposure), 212(2) (living on the avails of prostitution of person under eighteen), 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years) or 212(4) (offence — prostitution of person under eighteen) or section 271 (sexual assault), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and

37. (1) Subsection 810.1(1) of the Act is amended by replacing

(a) “151, 152, 155” with “151 or 152, subsection 153(1), section 155”;

(b) “171 or 172.1” with “171, 171.1, 172.1 or 172.2”;

(d) “272 or 273” with “272, 273, 280 or 281”.

2008, c. 6, par. 62(2)(b)

(2) Paragraph 810.1(3.02)(a) of the Act is replaced by the following:

(a) prohibit the defendant from having any contact — including communicating by any means — with a person under the age of 16 years, unless the defendant does so under the supervision of a person whom the judge considers appropriate;

(a.1) prohibit the defendant from using the Internet or other digital network, unless the defendant does so in accordance with conditions set by the judge;

2007, c. 22, s. 23

38. Subparagraph (b)(iii) of Form 5.04 in Part XXVIII of the Act is replaced by the following:

[ ]	(iii) an offence under any of sections 145 to 148, subsection 160(3), sections 170, 171.1, 173, 252, 264, 264.1, 266 and 270, paragraph 348(1)(e) and sections 349 and 423 of the Criminal Code,

1996, c. 19

Controlled Drugs and Substances Act

39. (1) Paragraph 5(3)(a) of the Controlled Drugs and Substances Act is replaced by the following:

(a) subject to paragraph (a.1), if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life, and

(i) to a minimum punishment of imprisonment for a term of one year if

(A) the person committed the offence for the benefit of, at the direction of or in association with a criminal organization, as defined in subsection 467.1(1) of the Criminal Code,

(B) the person used or threatened to use violence in committing the offence,

(D) the person was convicted of a designated substance offence, or had served a term of imprisonment for a designated substance offence, within the previous 10 years, or

(ii) to a minimum punishment of impris- onment for a term of two years if

(A) the person committed the offence in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years,

(B) the person committed the offence in a prison, as defined in section 2 of the Criminal Code, or on its grounds, or

(C) the person used the services of a person under the age of 18 years, or involved such a person, in committing the offence;

(a.1) if the subject matter of the offence is a substance included in Schedule II in an amount that is not more than the amount set out for that substance in Schedule VII, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years less a day;

(2) Subsections 5(4) to (6) of the Act are replaced by the following:

Interpretation

(5) For the purposes of applying subsection (3) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III or IV includes a reference to any substance represented or held out to be a substance included in that Schedule.

Interpretation

(6) For the purposes of paragraph (3)(a.1) and Schedule VII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.

40. Paragraph 6(3)(a) of the Act is replaced by the following:

(a) if the subject matter of the offence is a substance included in Schedule I in an amount that is not more than one kilogram, or in Schedule II, is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment for a term of one year if

(i) the offence is committed for the purposes of trafficking,

(ii) the person, while committing the offence, abused a position of trust or authority, or

(iii) the person had access to an area that is restricted to authorized persons and used that access to commit the offence;

(a.1) if the subject matter of the offence is a substance included in Schedule I in an amount that is more than one kilogram, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of two years;

41. (1) Paragraphs 7(2)(a) and (b) of the Act are replaced by the following:

(a) if the subject matter of the offence is a substance included in Schedule I, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of three years if any of the factors set out in subsection (3) apply and for a term of two years in any other case;

(a.1) if the subject matter of the offence is a substance included in Schedule II, other than cannabis (marijuana), is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment

(i) for a term of one year if the production is for the purpose of trafficking, or

(ii) for a term of 18 months if the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply;

(b) if the subject matter of the offence is cannabis (marijuana), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, and to a minimum punishment of

(i) imprisonment for a term of six months if the number of plants produced is less than 201 and more than five, and the production is for the purpose of trafficking,

(ii) imprisonment for a term of nine months if the number of plants produced is less than 201, the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply,

(iii) imprisonment for a term of one year if the number of plants produced is more than 200 and less than 501,

(iv) imprisonment for a term of 18 months if the number of plants produced is more than 200 and less than 501 and any of the factors set out in subsection (3) apply,

(v) imprisonment for a term of two years if the number of plants produced is more than 500, or

(vi) imprisonment for a term of three years if the number of plants produced is more than 500 and any of the factors set out in subsection (3) apply;

(2) Section 7 of the Act is amended by adding the following after subsection (2):

Factors

(3) The following factors must be taken into account in applying paragraphs (2)(a) to (b):

(a) the person used real property that belongs to a third party in committing the offence;

(b) the production constituted a potential security, health or safety hazard to persons under the age of 18 years who were in the location where the offence was committed or in the immediate area;

(d) the person set or placed a trap, device or other thing that is likely to cause death or bodily harm to another person in the location where the offence was committed or in the immediate area, or permitted such a trap, device or other thing to remain or be placed in that location or area.

42. The Act is amended by adding the following after section 7:

Notice

8. The court is not required to impose a minimum punishment unless it is satisfied that the offender, before entering a plea, was notified of the possible imposition of a minimum punishment for the offence in question and of the Attorney General’s intention to prove any factors in relation to the offence that would lead to the imposition of a minimum punishment.

Report to Parliament

Review

9. (1) Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act, including a cost-benefit analysis of mandatory minimum sentences, shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.

Report

(2) The committee referred to in subsection (1) shall, within one year after a review is undertaken under that subsection, submit a report to Parliament including a statement of any changes that the committee recommends.

1999, c. 5, s. 49(1)

43. (1) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following:

Factors to take into consideration

(2) If a person is convicted of a designated substance offence for which the court is not required to impose a minimum punishment, the court imposing sentence on the person shall consider any relevant aggravating factors including that the person

(2) Section 10 of the Act is amended by adding the following after subsection (3):

Drug treatment court program

(4) A court sentencing a person who is convicted of an offence under this Part may delay sentencing to enable the offender

(a) to participate in a drug treatment court program approved by the Attorney General; or

(b) to attend a treatment program under subsection 720(2) of the Criminal Code.

Minimum punishment

(5) If the offender successfully completes a program under subsection (4), the court is not required to impose the minimum punishment for the offence for which the person was convicted.

44. Schedule I to the Act is amended by adding the following after item 18:

19. Amphetamines, their salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues including:

(1) amphetamine (α-methylbenzene-ethanamine)

(2) N-ethylamphetamine (N-ethyl-α-methylbenzeneethanamine)

(3) 4-methyl-2,5-dimethoxyamphetamine (STP) (2,5-dimethoxy-4,α-dimethylbenzeneethanamine)

(4) 3,4-methylenedioxyamphetamine (MDA) (α-methyl-1,3-benzodioxole-5-ethanamine)

(5) 2,5-dimethoxyamphetamine (2,5-dimethoxy-α-methylbenzene-ethanamine)

(6) 4-methoxyamphetamine (4-methoxy-α-methylbenzeneethanamine)

(7) 2,4,5-trimethoxyamphetamine (2,4,5-trimethoxy-α-methylbenzeneethanamine)

(8) N-methyl-3,4-methylenedioxy- amphetamine (N,α-dimethyl-1,3-benzodioxole-5-ethanamine)

(9) 4-ethoxy-2,5-dimethoxyamphetamine (4-ethoxy-2,5-dimethoxy-α-methylbenzeneethanamine)

(10) 5-methoxy-3,4-methylenedioxy- amphetamine (7-methoxy-α-methyl-1,3-benzodioxole-5-ethanamine)

(11) N,N-dimethyl-3,4-methylenedioxyamphetamine (N,N, α-trimethyl-1,3-benzodioxole-5-ethanamine)

(12) N-ethyl-3,4-methylenedioxyamphetamine (N-ethyl-α-methyl-1,3-benzodioxole-5-ethanamine)

(13) 4-ethyl-2,5-dimethoxyamphetamine (DOET) (4-ethyl-2,5-dimethoxy-α-methylbenzeneethanamine)

(14) 4-bromo-2,5-dimethoxyamphetamine (4-bromo-2,5-dimethoxy-α-methylbenzeneethanamine)

(15) 4-chloro-2,5-dimethoxyamphetamine (4-chloro-2,5-dimethoxy-α-methyl-benzeneethanamine)

(16) 4-ethoxyamphetamine (4-ethoxy-α-methylbenzeneethanamine)

(17) Benzphetamine (N-benzyl-N,α-dimethylbenzeneethanamine)

(18) N-Propyl-3,4-methylenedioxy- amphetamine (α-methyl-N-propyl-1,3-benzodioxole-5-ethanamine)

(19) N-(2-Hydroxyethyl)-α-meth-ylbenzeneethanamine

(20) N-hydroxy-3,4-methylenedioxy- amphetamine (N-[α-methyl-3,4-(methylenedioxy)phenethyl]hydroxylamine)

(21) 3,4,5-trimethoxyamphetamine (3,4,5-trimethoxy-α-methylbenzeneethanamine)

20. Flunitrazepam (5-(o-fluorophenyl)-1,3-dihydro-1-methyl-7-nitro-2H-1,4-benzodiazepin-2-one) and any of its salts or derivatives

21. 4-hydroxybutanoic acid (GHB) and any of its salts

SOR/97-230, s. 7; SOR/2003-32, s. 2; SOR/2005-235, s. 2

45. Item 1 of Schedule III to the Act is repealed.

SOR/98-173, s. 1; SOR/2000-220, s. 1

46. Items 25 and 26 of Schedule III to the Act are repealed.

Related Amendments

2003, c. 8

An Act to amend the Criminal Code (firearms) and the Firearms Act

47. Section 8 of An Act to amend the Criminal Code (firearms) and the Firearms Act is repealed.

R.S., c. N-5

National Defence Act

1998, c. 35, s. 40

48. Subparagraph (a)(ii) of the definition “designated offence” in section 153 of the English version of the National Defence Act is replaced by the following:

(ii) an offence punishable by imprisonment for life under subsection 5(3), 6(3) or 7(2) of the Controlled Drugs and Substances Act, or

Consequential Amendments

R.S., c. C-47

Criminal Records Act

49. (1) Paragraph 1(a) of Schedule 1 to the Criminal Records Act is amended by adding the following after subparagraph (vii):

(vii.1) paragraph 171.1(1)(a) (making sexually explicit material available to child under 18 for purposes of listed offences),

(vii.2) paragraph 171.1(1)(b) (making sexually explicit material available to child under 16 for purposes of listed offences),

(vii.3) paragraph 171.1(1)(c) (making sexually explicit material available to child under 14 for purposes of listed offences),

(2) Paragraph 1(a) of Schedule 1 to the Act is amended by adding the following after subparagraph (ix):

(ix.1) paragraph 172.2(1)(a) (agreement or arrangement — listed sexual offence against child under 18),

(ix.2) paragraph 172.2(1)(b) (agreement or arrangement — listed sexual offence against child under 16),

(ix.3) paragraph 172.2(1)(c) (agreement or arrangement — listed sexual offence against child under 14),

R.S., c. N-5

National Defence Act

1996, c. 19, s. 83.1

50. Paragraph 147.1(1)(c) of the National Defence Act is replaced by the following:

Coming into Force

Order in council

51. The provisions of this Part, other than subsection 32(2) and section 48, come into force on a day or days to be fixed by order of the Governor in Council.

PART 3

POST-SENTENCING

1992, c. 20

Corrections And Conditional Release Act

Amendments to the Act

2000, c. 12, s. 88

52. (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.

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

Purpose and Principles

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

54. 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 only what is necessary and proportionate to attain the purposes of this Act;

(d) offenders retain the rights of all members of society except those that are, as a consequence of the sentence, lawfully and necessarily 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.

55. 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

56. 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.

57. (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

58. 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

59. 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.

60. 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

61. 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.

62. (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 or the authority of staff members in general;

(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

63. (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.

64. 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 geo- graphical area or requires them to be in a geographical 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.

65. 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.

66. 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.

67. 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. 24(1)

68. 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.

69. (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

70. (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 conditionnelle »

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

71. 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 authorities;

(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 limited to only what is 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.

72. The heading before section 103 of the French version of the Act is replaced by the following:

Explanatory Notes

State Immunity Act

Clause 3: Existing text of the heading:

INTERPRETATION

Clause 4: New.

Clause 5: New.

Clause 6: Existing text of subsection 11(3):

(3) This section does not apply to an agency of a foreign state.

Clause 7: (1) and (2) Relevant portion of subsection 12(1):

12. (1) Subject to subsections (2) and (3), property of a foreign state that is located in Canada is immune from attachment and execution and, in the case of an action in rem, from arrest, detention, seizure and forfeiture except where

...

(b) the property is used or is intended for a commercial activity; or

Clause 8: New.

Clause 9: Existing text of subsection 13(2):

(2) Subsection (1) does not apply to an agency of a foreign state.

Criminal Code

Clause 11: Existing text of section 151:

151. Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of forty-five days; or

(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of fourteen days.

Clause 12: Existing text of section 152:

152. Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of 16 years,

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of forty-five days; or

Clause 13: Existing text of subsection 153(1.1):

(1.1) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of forty-five days; or

Clause 14: Existing text of subsection 155(2):

(2) Every one who commits incest is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Clause 15: Existing text of subsection 160(3):

(3) Notwithstanding subsection (1), every person who, in the presence of a person under the age of 16 years, commits bestiality or who incites a person under the age of 16 years to commit bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.

Clause 16: (1) Relevant portion of subsection 161(1):

161. (1) When an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence referred to in subsection (1.1) in respect of a person who is under the age of 16 years, the court that sentences the offender or directs that the accused be discharged, as the case may be, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, shall consider making and may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from

...

(c) using a computer system within the meaning of subsection 342.1(2) for the purpose of communicating with a person under the age of 16 years.

Clause 17: (1) Relevant portion of subsection 163.1(2):

(2) Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of

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(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of ninety days.

(2) Relevant portion of subsection 163.1(3):

(3) Every person who transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography is guilty of

...

(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of ninety days.

(3) and (4) Existing text of subsections 163.1(4) and (4.1):

(4) Every person who possesses any child pornography is guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of forty-five days; or

(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of fourteen days.

(4.1) Every person who accesses any child pornography is guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of forty-five days; or

(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of fourteen days.

Clause 18: Relevant portion of subsection 164.2(1):

164.2 (1) On application of the Attorney General, a court that convicts a person of an offence under section 163.1 or 172.1, in addition to any other punishment that it may impose, may order that any thing — other than real property — be forfeited to Her Majesty and disposed of as the Attorney General directs if it is satisfied, on a balance of probabilities, that the thing

Clause 19: Existing text of section 170:

170. Every parent or guardian of a person under the age of eighteen years who procures the person for the purpose of engaging in any sexual activity prohibited by this Act with a person other than the parent or guardian is guilty of an indictable offence and liable

(a) to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of six months if the person procured is under the age of 16 years; or

(b) to imprisonment for a term not exceeding two years and to a minimum punishment of imprisonment for a term of forty-five days if the person procured is 16 years of age or more but under the age of eighteen years.

Clause 20: Relevant portion of section 171:

171. Every owner, occupier or manager of premises, or any other person who has control of premises or assists in the management or control of premises, who knowingly permits a person under the age of eighteen years to resort to or to be in or on the premises for the purpose of engaging in any sexual activity prohibited by this Act is guilty of an indictable offence and liable

...

(b) to imprisonment for a term not exceeding two years and to a minimum punishment of imprisonment for a term of forty-five days if the person is 16 years of age or more but under the age of eighteen years.

Clause 21: New.

Clause 22: (1) Relevant portion of subsection 172.1(1):

172.1 (1) Every person commits an offence who, by means of a computer system within the meaning of subsection 342.1(2), communicates with

(a) a person who is, or who the accused believes is, under the age of eighteen years, for the purpose of facilitating the commission of an offence under subsection 153(1), section 155 or 163.1, subsection 212(1) or (4) or section 271, 272 or 273 with respect to that person;

(2) and (3) Existing text of subsections 172.1(2) and (3):

(2) Every person who commits an offence under subsection (1) is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than ten years; or

(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

(3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of eighteen years, sixteen years or fourteen years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age.

Clause 23: Existing text of section 173:

173. (1) Every one who wilfully does an indecent act

(a) in a public place in the presence of one or more persons, or

(b) in any place, with intent thereby to insult or offend any person,

is guilty of an offence punishable on summary conviction.

(2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

(b) is guilty of an offence punishable on summary conviction.

Clause 24: Relevant portion of the definition:

“offence” means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to

(a) any of the following provisions of this Act, namely,

Clause 25: Existing text of section 271:

271. (1) Every one who commits a sexual assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

(2) [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 10]

Clause 26: Relevant portion of subsection 272(2):

(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable

Clause 27: Relevant portion of subsection 273(2):

(2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable

Clause 30: Relevant portion of the definition:

“primary designated offence” means

(a) an offence under any of the following provisions, namely,

...

(i.91) section 172.1 (luring a child by means of a computer system),

Clause 31: Relevant portion of the definition:

“designated offence” means

(a) an offence under any of the following provisions:

...

(x) section 172.1 (luring a child by means of a computer system),

Clause 32: (1) Relevant portion of subsection 515(4.1):

(4.1) When making an order under subsection (2), in the case of an accused who is charged with

...

(c) an offence relating to the contravention of subsection 5(3) or (4), 6(3) or 7(2) of the Controlled Drugs and Substances Act,

...

the justice shall add to the order a condition prohibiting the accused from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all those things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or the safety and security of a victim of the offence or of any other person.

(2) Relevant portion of subsection 515(6):

(6) Unless the accused, having been given a reasonable opportunity to do so, shows cause why the accused’s detention in custody is not justified, the justice shall order, despite any provision of this section, that the accused be detained in custody until the accused is dealt with according to law, if the accused is charged

...

(d) with having committed an offence punishable by imprisonment for life under subsection 5(3), 6(3) or 7(2) of the Controlled Drugs and Substances Act or the offence of conspiring to commit such an offence.

Clause 33: Relevant portion of section 553:

553. The jurisdiction of a provincial court judge, or in Nunavut, of a judge of the Nunavut Court of Justice, to try an accused is absolute and does not depend on the consent of the accused where the accused is charged in an information

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(xi) subsection 5(4) of the Controlled Drugs and Substances Act.

Clause 34: Existing text of section 742.1:

742.1 If a person is convicted of an offence, other than a serious personal injury offence as defined in section 752, a terrorism offence or a criminal organization offence prosecuted by way of indictment for which the maximum term of imprisonment is ten years or more or an offence punishable by a minimum term of imprisonment, and the court imposes a sentence of imprisonment of less than two years and is satisfied that the service of the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.2, the court may, for the purpose of supervising the offender’s behaviour in the community, order that the offender serve the sentence in the community, subject to the offender’s compliance with the conditions imposed under section 742.3.

Clause 35: Relevant portion of the definition:

“designated offence” means

...

(b) an offence under any of the following provisions:

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(x) paragraph 212(1)(i) (stupefying or overpowering for purpose of sexual intercourse),

Clause 36: Relevant portion of subsection 753.1(2):

(2) The court shall be satisfied that there is a substantial risk that the offender will reoffend if

Clause 37: (2) Relevant portion of subsection 810.1(3.02):

(3.02) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that

(a) prohibit the defendant from engaging in any activity that involves contact with persons under the age of 16 years, including using a computer system within the meaning of subsection 342.1(2) for the purpose of communicating with a person under that age;

Controlled Drugs and Substances Act

Clause 39: (1) Relevant portion of subsection 5(3):

(3) Every person who contravenes subsection (1) or (2)

(a) subject to subsection (4), where the subject-matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life;

(2) Existing text of subsections 5(4) to (6):

(4) Every person who contravenes subsection (1) or (2), where the subject-matter of the offence is a substance included in Schedule II in an amount that does not exceed the amount set out for that substance in Schedule VII, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day.

(5) For the purposes of applying subsection (3) or (4) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III or IV includes a reference to any substance represented or held out to be a substance included in that Schedule.

(6) For the purposes of subsection (4) and Schedule VII, the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.

Clause 40: Relevant portion of subsection 6(3):

(3) Every person who contravenes subsection (1) or (2)

(a) where the subject-matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life;

Clause 41: (1) Relevant portion of subsection 7(2):

(2) Every person who contravenes subsection (1)

(a) where the subject-matter of the offence is a substance included in Schedule I or II, other than cannabis (marijuana), is guilty of an indictable offence and liable to imprisonment for life;

(b) where the subject-matter of the offence is cannabis (marijuana), is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years;

(2) New.

Clause 42: New.

Clause 43: (1) Relevant portion of subsection 10(2):

(2) If a person is convicted of a designated substance offence, the court imposing sentence on the person shall consider any relevant aggravating factors including that the person

(2) New.

An Act to amend the Criminal Code (firearms) and the Firearms Act

Clause 47: Existing text of section 8:

8. Paragraph 515(4.1)(c) of the Act is replaced by the following:

(c) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act,

National Defence Act

Clause 48: Relevant portion of the definition:

“designated offence” means

(a) an offence that is punishable under section 130 that is

...

(ii) contrary to subsection 5(3), 6(3) or 7(2) of the Controlled Drugs and Substances Act and punishable by imprisonment for life, or

Clause 50: Relevant portion of subsection 147.1(1):

147.1 (1) Where a person is convicted by a court martial of an offence

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(c) relating to the contravention of subsection 5(3) or (4), 6(3) or 7(2) of the Controlled Drugs and Substances Act, or

...

the court martial shall, in addition to any other punishment that may be imposed for that offence, consider whether it is desirable, in the interests of the safety of the person or of any other person, to make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, and where the court martial decides that it is so desirable, the court martial shall so order.

Corrections and Conditional Release Act

Clause 52: (1) Existing text of the definition:

“victim”

(a) 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

(b) where the person is dead, ill or otherwise incapacitated, the person’s spouse, an individual who is cohabiting, or was cohabiting at the time of the person’s death, with the person in a conjugal relationship, having so cohabited for a period of at least one year, any relative or dependant of the person, or anyone who has in law or fact custody or is responsible for the care or support of the person;

(2) New.

Clause 53: Existing text of the heading:

Purpose

Clause 54: Existing text of the heading and section 4:

Principles

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

(a) that the protection of society be the paramount consideration in the corrections process;

(b) that the sentence be carried out having regard to all relevant available information, including the stated reasons and recommendations of the sentencing judge, other information from the trial or sentencing process, the release policies of, and any comments from, the National Parole Board, and information obtained from victims and offenders;

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

(d) that the Service use the least restrictive measures consistent with the protection of the public, staff members and offenders;

(e) that offenders retain the rights and privileges of all members of society, except those rights and privileges that are necessarily removed or restricted as a consequence of the sentence;

(f) that the Service facilitate the involvement of members of the public in matters relating to the operations of the Service;

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

(h) that correctional policies, programs and practices respect gender, ethnic, cultural and linguistic differences and be responsive to the special needs of women and aboriginal peoples, as well as to the needs of other groups of offenders with special requirements;

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

(j) that staff members be properly selected and trained, and be 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.

Clause 55: New.

Clause 56: Existing text of subsection 16(2):

(2) Subject to subsection (3), a person who, pursuant to an agreement entered into under paragraph (1)(b), is confined in a penitentiary is, notwithstanding subsection 743.3(1) of the Criminal Code, subject to all the statutes, regulations and rules applicable in the penitentiary in which the person is confined.

Clause 57: (1) and (2) Relevant portion of subsection 26(1):

26. (1) At the request of a victim of an offence committed by an offender, the Commissioner

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(b) may disclose to the victim any of the following information about the offender, where in the Commissioner’s opinion the interest of the victim in such disclosure clearly outweighs any invasion of the offender’s privacy that could result from the disclosure:

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

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

Clause 58: Relevant portion of section 28:

28. Where 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 the person is confined is one that provides the least restrictive environment for that person, taking into account

Clause 59: New.

Clause 60: Existing text of section 31:

31. (1) The purpose of administrative segregation is to keep an inmate from associating with the general inmate population.

(2) Where an inmate is in administrative segregation in a penitentiary, the Service shall endeavour to return the inmate to the general inmate population, either of that penitentiary or of another penitentiary, at the earliest appropriate time.

(3) The institutional head may order that an inmate be confined in administrative segregation if the institutional head believes on reasonable grounds

(a) that

(i) 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

(ii) the continued presence of the inmate in the general inmate population would jeopardize the security of the penitentiary or the safety of any person,

(b) that the continued presence of the inmate in the general inmate population 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

and the institutional head is satisfied that there is no reasonable alternative to administrative segregation.

Clause 61: Existing text of section 37:

37. An inmate in administrative segregation shall be given the same rights, privileges and conditions of confinement as the general inmate population, except for those rights, privileges and conditions that

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

(b) cannot reasonably be given owing to

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

(ii) security requirements.

Clause 62: (1) and (2) Relevant portion of section 40:

40. An inmate commits a disciplinary offence who

...

(f) is disrespectful or abusive toward a staff member in a manner that could undermine a staff member’s authority;

(g) is disrespectful or abusive toward any person in a manner that is likely to provoke a person to be violent;

Clause 63: (1) and (2) Relevant portion of subsection 44(1):

44. (1) An inmate who is found guilty of a disciplinary offence is liable, in accordance with the regulations made under paragraphs 96(i) and (j), to one or more of the following:

...

(f) in the case of a serious disciplinary offence, segregation from other inmates for a maximum of thirty days.

Clause 64: New.

Clause 65: New.

Clause 66: Existing text of section 84:

84. Where an inmate who is applying for parole has expressed an interest in being released to an aboriginal community, the Service shall, if the inmate consents, give the aboriginal community

(a) adequate notice of the inmate’s parole application; and

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

Clause 67: Existing text of subsection 93(2):

(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 statutory release or the expiration of the sentence.

Clause 68: Existing text of subsection 94(1):

94. (1) At the request of a person who has been released from penitentiary on parole or statutory release, or who is entitled to be released from penitentiary on statutory release, 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.

Clause 69: (1) to (6) Relevant portion of section 96:

96. The Governor in Council may make regulations

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(i) the circumstances in which compensation may be paid,

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(p) prescribing limits on the entry into a penitentiary, and the use by inmates, of publications, video and audio materials, films and computer programs;

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(s) respecting penitentiary industry;

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(y) respecting the procedure to be followed on the death of an inmate;

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(z.6) respecting the assignment to inmates of security classifications pursuant to section 30, which regulations must set out factors to be considered in determining the security classification of an inmate;

(z.7) providing for the monitoring or intercepting of communications of any kind between an inmate and another inmate or other person, where reasonable for protecting the security of the penitentiary or the safety of persons;

(z.8) respecting escorted temporary absences and work releases;

Clause 70: (1) Existing text of the definitions:

“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, a community-based residential facility or a provincial correctional facility each night, unless otherwise authorized in writing;

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

(2) New.

Clause 71: Existing text of section 101:

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

(a) that the protection of society be the paramount consideration in the determination of any case;

(b) that parole boards take into consideration all available information that is relevant to a case, including the stated reasons and recommendations of the sentencing judge, any other information from the trial or the sentencing hearing, information and assessments provided by correctional authorities, and information obtained from victims and the offender;

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

(d) that parole boards make the least restrictive determination consistent with the protection of society;

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

(f) that offenders be 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.

Clause 72: Existing text of the heading:

Constitution and Jurisdiction of Board