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Bill C-328

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2nd Session, 36th Parliament,
48 Elizabeth II, 1999

The House of Commons of Canada

BILL C-328

An Act to amend the Corrections and Conditional Release Act (withdrawal of applications for full parole by offenders serving two or more years)

1992, c. 20; 1993, c. 34; 1995, cc. 22, 39, 42; 1996, c. 19; 1997, c. 17; 1998, c. 35; 1999, cc. 5, 18, 31

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

1. Section 123 of the Corrections and Conditional Release Act is amended by adding the following after subsection (7):

Withdrawal of application

(8) If an offender referred to in subsection (1) who has applied for a review for full parole or who has been notified that the Board intends to carry out a review for full parole of the offender

    (a) withdraws the application made under this section and the regulations pursuant to subsection (7), or

    (b) advises the Board pursuant to subsection (2) of a wish not to be considered for full parole,

and the withdrawal or giving of advice, as the case may be, is made after the later of

    (c) the day that is the midpoint between the date set for the review and the date the offender is notified of that date, and

    (d) the day sixty days before the date set for the review,

the Board shall not review the offender for full parole until two years after the date of the withdrawal or advice, as the case may be.

Exception

(9) Subsection (8) does not apply if the withdrawal or advice was, in the opinion of the Board, justifiable on the basis of the illness, mental or physical capacity of the offender or other cause beyond the offender's control that could materially affect the review.