Bill C-56

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First Reading

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RECOMMENDATION
SUMMARY
Corrections and Conditional Release Act
Abolition of Early Parole Act
Review
Transitional Provisions
Coming into Force
EXPLANATORY NOTES

First Session, Forty-second Parliament,

64-65-66 Elizabeth II, 2015-2016-2017

HOUSE OF COMMONS OF CANADA

BILL C-56
An Act to amend the Corrections and Conditional Release Act and the Abolition of Early Parole Act

FIRST READING, June 19, 2017

MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

90847

RECOMMENDATION

His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Corrections and Conditional Release Act and the Abolition of Early Parole Act”.

SUMMARY

This enactment amends the Corrections and Conditional Release Act to, among other things,

(a) reintroduce the expression “least restrictive” in certain provisions of the Act;

(b) provide that an inmate must be released from administrative segregation before the end of the 21st day of that confinement, unless the institutional head orders that the inmate is to remain in administrative segregation;

(c) provide that an independent external reviewer, appointed by the Minister of Public Safety and Emergency Preparedness, will review the case of an inmate who is ordered to remain in administrative segregation after that 21st day and in other circumstances;

(d) provide that the independent external reviewer shall, after the review, make a recommendation to the institutional head as to whether or not the inmate should be released from administrative segregation;

(e) provide that, 18 months after the amendments referred to in paragraph (b) come into force, the 21-day limit referred to in that paragraph is reduced to a 15-day limit;

(f) provide that the head of the appropriate regional headquarters of the Correctional Service of Canada shall, in the circumstances prescribed by regulation, order that an inmate is to be released from, or to remain in, administrative segregation;

(g) provide for a comprehensive review of the legislative and regulatory reforms to the administrative segregation regime, to be conducted five years after those reforms take effect; and

(h) reintroduce the requirement that the Parole Board of Canada hold hearings following a suspension, termination or revocation of parole or statutory release.

This enactment also amends the Abolition of Early Parole Act to provide that the accelerated parole review process under the Corrections and Conditional Release Act continues to apply to offenders in respect of an offence committed before the day on which the Abolition of Early Parole Act came into force.

Available on the House of Commons website at the following address:

www.ourcommons.ca

1st Session, 42nd Parliament,

64-65-66 Elizabeth II, 2015-2016-2017

HOUSE OF COMMONS OF CANADA

BILL C-56

An Act to amend the Corrections and Conditional Release Act and the Abolition of Early Parole Act

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

1992, c. 20

Corrections and Conditional Release Act

2012, c. 1, s. 54

1 Paragraph 4(c) of the Corrections and Conditional Release Act is replaced by the following:

(c) the Service uses Insertion start the least restrictive Insertion end measures that are consistent with the protection of Insertion start the public Insertion end , staff members and offenders;

2012, c. 1, s. 58

2 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 Insertion start the least restrictive Insertion end environment Insertion start for that person Insertion end , taking into account

3 Section 32 of the Act is replaced by the following:

Considerations governing release

32 All recommendations referred to in paragraph 33(1)‍(c) Insertion start and subsections 35.‍1(2), 35.‍3(1) and 35.‍5(1) Insertion end , and all decisions by the institutional head Insertion start and by the regional head referred to in section 35.‍5 Insertion end , to release or not to release an inmate from administrative segregation shall be based on the considerations set out in section 31.

4 The Act is amended by adding the following after section 35:

Release from administrative segregation

35.‍1 (1) An inmate shall be released from administrative segregation before the end of the 20th day after the day on which they were placed in administrative segregation unless, before the end of that 20th day, the institutional head orders in writing that the inmate is to remain in administrative segregation.

Case to be reviewed

(2) A person or persons designated by the institutional head shall

(a) conduct, at the prescribed time before the end of that 20th day and in the prescribed manner, a hearing to review the inmate’s case; and
(b) recommend to the institutional head, after that hearing, whether or not the inmate should be released from administrative segregation.
End of inserted block

Presence of inmate

(3) The hearing shall be conducted with the inmate present unless any of the events set out in paragraph 33(2)‍(a) to (c) occur.

Inmate to receive order, reasons and notice

(4) If the inmate is ordered to remain in administrative segregation under subsection (1), the institutional head shall, no later than the end of that 20th day, ensure that the inmate receives a copy of the order, supported by written reasons, as well as written notice that the inmate’s case will be reviewed by an independent external reviewer.

Review by independent external reviewer

35.‍2 (1) An independent external reviewer shall, in the prescribed manner and at the prescribed time, review the case of an inmate who

(a) is ordered to remain in administrative segregation under subsection 35.‍1(1);
(b) in the same calendar year, is placed in administrative segregation after they have been so placed on at least three separate occasions; or
(c) in the same calendar year,
- (i) is placed in administrative segregation after they have been in administrative segregation for a cumulative total of at least 90 days, or
- (ii) reaches that cumulative total by the third working day after the day on which they are placed in administrative segregation.
  End of inserted block

Further reviews

(2) The independent external reviewer shall, at prescribed times and in the prescribed manner, conduct further regular reviews of the case of an inmate referred to in paragraph (1)‍(a).

Information before institutional head

(3) The independent external reviewer shall be furnished with all information that is before the institutional head with respect to the inmate’s case.

Written representations

(4) The independent external reviewer shall ensure that the inmate is given an opportunity to make written representations to the reviewer within the prescribed period.

Access to inmate

(5) In the course of a review, the independent external reviewer may communicate with the inmate in administrative segregation.

Right to require information and documents

(6) In the course of a review, the independent external reviewer may require any staff member, or any person whose services are engaged by or on behalf of the Service,

(a) to furnish any information that, in the reviewer’s opinion, the staff member or person may be able to furnish in relation to the inmate’s case; and
(b) to produce, for examination by the reviewer, any document, paper or thing that, in the reviewer’s opinion, relates to the inmate’s case and that may be in the possession or under the control of the staff member or person.
End of inserted block

Return of document, paper or thing

(7) Within 10 days after the day on which the independent external reviewer provides the recommendation under subsection 35.‍3(1), the reviewer shall return to the Service any document, paper or thing furnished under subsection (3) or produced under paragraph (6)‍(b), as well as any copy of one.

Recommendation

35.‍3 (1) The independent external reviewer shall, within the prescribed time after their review, provide the institutional head with a written recommendation, supported by reasons, as to whether or not the inmate should be released from administrative segregation.

Inmate to receive copy

(2) The inmate shall be provided with a copy of the written recommendation and the reasons for it no later than the end of the next working day after the day on which the institutional head is provided with the recommendation.

Meeting with inmate

35.‍4 If the institutional head does not release the inmate from administrative segregation after being provided with an independent external reviewer’s recommendation, the institutional head shall, no later than the end of the second working day after the day on which he or she is provided with the recommendation, meet with the inmate to explain the reasons for not releasing them and to provide those reasons in writing.

Regional head

35.‍5 (1) In the prescribed circumstances, a person or persons designated by the regional head shall

(a) review the case of an inmate in administrative segregation, at the prescribed time and in the prescribed manner;
(b) conduct further regular reviews of the inmate’s case, at prescribed times and in the prescribed manner; and
(c) after each review, provide the regional head with a written recommendation, supported by reasons, as to whether or not the inmate should be released from administrative segregation.
End of inserted block

Notice

(2) The designated person or persons shall ensure that the inmate is provided with notice in writing of a review at least the prescribed number of days before the review takes place.

Written representations

(3) The designated person or persons shall ensure that the inmate is given an opportunity to make written representations to the person or persons within the prescribed period.

Order

(4) After being provided with the recommendation, the regional head shall order in writing that the inmate be released from administrative segregation or that they remain in administrative segregation.

Inmate provided with copy

(5) The regional head shall ensure that the inmate is provided with a copy of the written order, supported by reasons, within the prescribed time.

Definition of regional head

(6) In this section, regional head means the head of the regional headquarters for the region in which the inmate’s penitentiary is located.

5 (1) Subsection 35.‍1(1) of the Act is replaced by the following:

Release from administrative segregation

35.‍1 (1) An inmate shall be released from administrative segregation before the end of the 14th day after the day on which they were placed in administrative segregation unless, before the end of that 14th day, the institutional head orders in writing that the inmate is to remain in administrative segregation.

(2) Paragraph 35.‍1(2)‍(a) of the English version of the Act is replaced by the following:

(a) conduct, at the prescribed time before the end of that 14th day and in the prescribed manner, a hearing to review the inmate’s case; and

(3) Subsection 35.‍1(4) of the English version of the Act is replaced by the following:

Inmate to receive order, reasons and notice

(4) If the inmate is ordered to remain in administrative segregation under subsection (1), the institutional head shall, no later than the end of that 14th day, ensure that the inmate receives a copy of the order, supported by written reasons, as well as written notice that the inmate’s case will be reviewed by an independent external reviewer.

6 The Act is amended by adding the following after section 37:

Appointment of independent external reviewer

37.‍1 (1) The Minister shall appoint one or more persons to be independent external reviewers.

Eligibility

(2) To be eligible for appointment as an independent external reviewer, a person must have knowledge of administrative decision-making processes in general.

Term

(3) An independent external reviewer holds office during pleasure for a term of not more than five years, and may be reappointed for one or more terms.

Full-time or part-time

(4) An independent external reviewer may be appointed to serve either full-time or part-time.

Senior reviewer

37.‍2 (1) The Minister may designate one of the independent external reviewers to be the senior reviewer.

Responsibilities

(2) In addition to performing the duties and functions of an independent external reviewer, the senior reviewer shall

(a) within three months after the end of each fiscal year, submit to the Minister a report on the reviews undertaken under section 35.‍2 during that year, including the number of reviews undertaken, and on the recommendations made as a result;
(b) advise independent external reviewers on the exercise of their powers and the performance of their duties and functions; and
(c) in conjunction with the Service, ensure that training is provided to independent external reviewers.
End of inserted block

Information

(3) Independent external reviewers shall provide the senior reviewer with any information requested by the senior reviewer that relates to a review under section 35.‍2 or to a recommendation under section 35.‍3.

No disclosure of personal information

(4) The senior reviewer shall not disclose any personal information, as defined in section 3 of the Privacy Act, in a report referred to in paragraph (2)‍(a).

Remuneration and expenses

37.‍3 The senior reviewer and the other independent external reviewers are to be paid

(a) the remuneration that is fixed by the Treasury Board; and
(b) in accordance with Treasury Board directives, any travel and living expenses that the reviewer incurs in the performance of their duties and functions while absent from their ordinary place of work, in the case of a full-time reviewer, and their ordinary place of residence, in the case of a part-time reviewer.
End of inserted block

No disclosure

37.‍4 (1) Subject to subsection (2), an independent external reviewer shall not disclose any information that comes to their knowledge in the course of the exercise of their powers, or the performance of their duties and functions, under this Act or any other Act of Parliament.

Exception

(2) An independent external reviewer may disclose information referred to in subsection (1) in the exercise of those powers or the performance of those duties and functions.

Not to be witness

37.‍5 An independent external reviewer is not a competent or compellable witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise or purported exercise of their powers, or the performance or purported performance of their duties and functions, under this Act or any other Act of Parliament.

Protection of independent external reviewer

37.‍6 No criminal or civil proceedings lie against an independent external reviewer for anything done, reported or said in good faith in the course of the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the independent external reviewer under this Act or any other Act of Parliament.

7 Section 90 of the Act is renumbered as subsection 90(1) and is amended by adding the following:

Exception

(2) For greater certainty, reviews by an independent external reviewer under section 35.‍2 and recommendations to an institutional head made under section 35.‍3 are not subject to the offender grievance procedure.

2012, c. 1, s. 71

8 Paragraph 101(c) of the Act is replaced by the following:

(c) parole boards make Insertion start the least restrictive determinations Insertion end that are consistent with the protection of society;

2012, c. 19, s. 527

9 Paragraph 140(1)‍(d) of the Act is replaced by the following:

(d) a review following a Insertion start suspension Insertion end , cancellation, Insertion start termination or revocation Insertion end of parole Insertion start or following a suspension, termination or revocation of statutory release Insertion end ; and

2011, c. 11

Abolition of Early Parole Act

10 Section 10 of the Abolition of Early Parole Act is replaced by the following:

Application

10 (1) The accelerated parole review process set out in sections 125 to 126.‍1 of the Corrections and Conditional Release Act, as those sections Insertion start and Schedules I and II to that Act Insertion end read Insertion start before March 28, 2011, continues to Insertion end apply to Insertion start an offender Insertion end who Insertion start was Insertion end sentenced, committed or transferred to penitentiary Insertion start in respect of an offence that was committed before that day, regardless of Insertion end whether the Insertion start offence continues after that day or the Insertion end sentencing, committal or transfer occurs on or after Insertion start that Insertion end day.

Further application

(2) For greater certainty, subsection (1) applies even if the offender commits another offence after March 28, 2011.

Definitions

(3) In this section, offender and penitentiary have the same meaning as in subsection 2(1) of the Corrections and Conditional Release Act.

Review

Comprehensive review

11 (1) After the fifth anniversary of the day on which sections 3, 4 and 7 come into force, a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, shall undertake a comprehensive review of

(a) sections 35.‍1 to 35.‍5, sections 37.‍1 to 37.‍6 and subsection 90(2) of the Corrections and Conditional Release Act, any regulations made with respect to those provisions and the operation of those provisions and regulations; and
(b) any regulations made under that Act with respect to the conditions under which an inmate is held in administrative segregation that come into force on or after the day on which sections 3, 4 and 7 come into force.

Report

(2) The committee referred to in subsection (1) shall submit a report on the review to Parliament, including a statement of any changes that the committee recommends.

Transitional Provisions

Definition of Act

12 (1) In this section, Act means the Corrections and Conditional Release Act.

Words and expressions

(2) Words and expressions used in this section have the same meaning as in the Act.

Order

(3) If, on the day on which section 4 comes into force, an inmate has been in administrative segregation for 20 or more days after the day on which they were placed in administrative segregation, the inmate is deemed to have been ordered to remain in administrative segregation under section 35.‍1 of the Act.

Order

(4) If, on the day on which section 5 comes into force, an inmate has been in administrative segregation for 14 or more days after the day on which they were placed in administrative segregation, the inmate is deemed to have been ordered to remain in administrative segregation under section 35.‍1 of the Act.

Non-application

(5) Subsection 35.‍1(4) of the Act does not apply with respect to an inmate referred to in subsection (3) or (4).

Review

(6) An independent external reviewer must initiate a review of an inmate’s case under paragraph 35.‍2(1)‍(a) of the Act

(a) on the day on which section 4 comes into force, in the case of an inmate referred to in subsection (3); or
(b) on the day on which section 5 comes into force, in the case of an inmate referred to in subsection (4).

Coming into Force

Order in council

13 (1) Subject to subsections (2) and (3), the provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

Order in council

(2) Sections 3, 4, 7, 11 and 12 come into force on a day to be fixed by order of the Governor in Council.

Section 5

(3) Section 5 comes into force on the day that, in the 18th month after the month in which the provisions referred to in subsection (2) come into force, has the same calendar number as the day fixed by the order referred to in that subsection or, if that 18th month has no day with that number, the last day of that 18th month.

Published under authority of the Speaker of the House of Commons

EXPLANATORY NOTES

Corrections and Conditional Release Act

Clause 1: Relevant portion of section 4:

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

.‍.‍.
(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;

Clause 2: Relevant portion of section 28:

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

Clause 3: Existing text of section 32:

32 All recommendations to the institutional head referred to in paragraph 33(1)‍(c) and all decisions by the institutional head to release or not to release an inmate from administrative segregation shall be based on the considerations set out in section 31.

Clause 4: New.

Clause 6: New.

Clause 7: New.

Clause 8: Relevant portion of section 101:

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

.‍.‍.
(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;

Clause 9: Relevant portion of subsection 140(1):

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

.‍.‍.
(d) a review following a cancellation of parole; and

Abolition of Early Parole Act

Clause 10: Existing text of section 10:

10 (1) Subject to subsection (2), the accelerated parole review process set out in sections 125 to 126.‍1 of the Corrections and Conditional Release Act, as those sections read on the day before the day on which section 5 comes into force, does not apply, as of that day, to offenders who were sentenced, committed or transferred to penitentiary, whether the sentencing, committal or transfer occurs before, on or after the day of that coming into force.

(2) For greater certainty, the repeal of sections 125 to 126.‍1 of the Corrections and Conditional Release Act does not affect the validity of a direction made under those sections before the day on which section 5 comes into force.