Corrections and Conditional Release Act (S.C. 1992, c. 20)

Marginal note:Relevant factors in detention reviews

• 132 (1) For the purposes of the review and determination of the case of an offender pursuant to section 129, 130 or 131, the Service, the Commissioner or the Board, as the case may be, shall take into consideration any factor that is relevant in determining the likelihood of the commission of an offence causing the death of or serious harm to another person before the expiration of the offender’s sentence according to law, including

  • (a) a pattern of persistent violent behaviour established on the basis of any evidence, in particular,

    • (i) the number of offences committed by the offender causing physical or psychological harm,

    • (ii) the seriousness of the offence for which the sentence is being served,

    • (iii) reliable information demonstrating that the offender has had difficulties controlling violent or sexual impulses to the point of endangering the safety of any other person,

    • (iv) the use of a weapon in the commission of any offence by the offender,

    • (v) explicit threats of violence made by the offender,

    • (vi) behaviour of a brutal nature associated with the commission of any offence by the offender, and

    • (vii) a substantial degree of indifference on the part of the offender as to the consequences to other persons of the offender’s behaviour;

  • (b) medical, psychiatric or psychological evidence of such likelihood owing to a physical or mental illness or disorder of the offender;

  • (c) reliable information compelling the conclusion that the offender is planning to commit an offence causing the death of or serious harm to another person before the expiration of the offender’s sentence according to law; and

  • (d) the availability of supervision programs that would offer adequate protection to the public from the risk the offender might otherwise present until the expiration of the offender’s sentence according to law.

• Marginal note:Idem

  (1.1) For the purposes of the review and determination of the case of an offender pursuant to section 129, 130 or 131, the Service, the Commissioner or the Board, as the case may be, shall take into consideration any factor that is relevant in determining the likelihood of the commission of a sexual offence involving a child before the expiration of the offender’s sentence according to law, including

  • (a) a pattern of persistent sexual behaviour involving children established on the basis of any evidence, in particular,

    • (i) the number of sexual offences involving a child committed by the offender,

    • (ii) the seriousness of the offence for which the sentence is being served,

    • (iii) reliable information demonstrating that the offender has had difficulties controlling sexual impulses involving children,

    • (iv) behaviour of a sexual nature associated with the commission of any offence by the offender, and

    • (v) a substantial degree of indifference on the part of the offender as to the consequences to other persons of the offender’s behaviour;

  • (b) reliable information about the offender’s sexual preferences indicating that the offender is likely to commit a sexual offence involving a child before the expiration of the offender’s sentence according to law;

  • (c) medical, psychiatric or psychological evidence of the likelihood of the offender committing such an offence owing to a physical or mental illness or disorder of the offender;

  • (d) reliable information compelling the conclusion that the offender is planning to commit such an offence; and

  • (e) the availability of supervision programs that would offer adequate protection to the public from the risk the offender might otherwise present until the expiration of the offender’s sentence according to law.

• Marginal note:Idem

  (2) For the purposes of the review and determination of the case of an offender pursuant to section 129, 130 or 131, the Service, the Commissioner or the Board, as the case may be, shall take into consideration any factor that is relevant in determining the likelihood of the commission of a serious drug offence before the expiration of the offender’s sentence according to law, including

  • (a) a pattern of persistent involvement in drug-related crime established on the basis of any evidence, in particular,

    • (i) the number of drug-related offences committed by the offender,

    • (ii) the seriousness of the offence for which the sentence is being served,

    • (iii) the type and quantity of drugs involved in any offence committed by the offender,

    • (iv) reliable information demonstrating that the offender remains involved in drug-related activities, and

    • (v) a substantial degree of indifference on the part of the offender as to the consequences to other persons of the offender’s behaviour;

  • (b) medical, psychiatric or psychological evidence of such likelihood owing to a physical or mental illness or disorder of the offender;

  • (c) reliable information compelling the conclusion that the offender is planning to commit a serious drug offence before the expiration of the offender’s sentence according to law; and

  • (d) the availability of supervision programs that would offer adequate protection to the public from the risk the offender might otherwise present until the expiration of the offender’s sentence according to law.