Safe Streets and Communities Act (S.C. 2012, c. 1)
Full Document:
Assented to 2012-03-13
PART 3
POST-SENTENCING
Marginal note:1992, c. 20
Corrections And Conditional Release Act
Amendments to the Act
Marginal note: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,
(c) anyone who has in law or fact custody, or is responsible for the care or support, of the person, or
(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
Marginal note:1995, c. 42, s. 2(F)
54. Section 4 of the Act and the heading before it are replaced by the following:
Marginal note:Paramount consideration
3.1 The protection of society is the paramount consideration for the Service in the corrections process.
Marginal note: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 temporary 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.
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