Safe Streets and Communities Act (S.C. 2012, c. 1)
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Assented to 2012-03-13
PART 3POST-SENTENCING
1992, c. 20Corrections And Conditional Release Act
Amendments to the Act
Marginal note:1997, c. 17, s. 33
90. The portion of subsection 135.1(6) of the Act before paragraph (c) is replaced by the following:
Marginal note:Review by Board
(6) The Board shall, on the referral to it of the case of an offender, review the case and, before the end of the period referred to in subsection (2),
(a) cancel the suspension, if the Board is satisfied that, in view of the offender’s behaviour while being supervised, the resumption of long-term supervision would not constitute a substantial risk to society by reason of the offender reoffending before the expiration of the period of long-term supervision; or
Marginal note:1997, c. 17, s. 33
91. Section 136 of the Act is replaced by the following:
Marginal note:Warrant for apprehension and recommitment
136. A member of the Board or a person designated, by name or position, by the Chairperson of the Board or the Commissioner may, by warrant, authorize an offender’s apprehension and recommitment to custody if
(a) their parole is terminated or revoked or becomes inoperative under subsection 135(9.2); or
(b) their statutory release is terminated or revoked or they are no longer entitled to be released on statutory release as a result of a change to their statutory release date under subsection 127(5.1).
92. The Act is amended by adding the following after section 137:
Marginal note:Arrest without warrant — breach of conditions
137.1 A peace officer may arrest without warrant an offender who has committed a breach of a condition of their parole, statutory release or unescorted temporary absence, or whom the peace officer finds committing such a breach, unless the peace officer
(a) believes on reasonable grounds that the public interest may be satisfied without arresting the person, having regard to all the circumstances including the need to
(i) establish the identity of the person, or
(ii) prevent the continuation or repetition of the breach; and
(b) does not believe on reasonable grounds that the person will fail to report to their parole supervisor in order to be dealt with according to law if the peace officer does not arrest the person.
Marginal note:1995, c. 42, s. 53
93. Subsection 138(6) of the Act is replaced by the following:
Marginal note:Effect of revocation on statutory release
(6) Subject to subsections 130(4) and (6), an offender whose parole or statutory release has been revoked is entitled to be released on statutory release in accordance with subsection 127(5).
94. The heading before section 139 of the Act is replaced by the following:
Merged Sentences
Marginal note:1995, c. 42, s. 54
95. Subsection 139(1) of the Act is replaced by the following:
Marginal note:Multiple sentences
139. (1) For the purposes of the Criminal Code, the Prisons and Reformatories Act, the International Transfer of Offenders Act and this Act, a person who is subject to two or more sentences is deemed to have been sentenced to one sentence beginning on the first day of the first of those sentences to be served and ending on the last day of the last of them to be served.
Marginal note:2011, c. 11, s. 6
96. (1) Paragraph 140(1)(b) of the Act is replaced by the following:
(b) the first review for full parole under subsection 123(1) and subsequent reviews under subsection 123(5) or (5.1);
(2) Section 140 of the Act is amended by adding the following after subsection (9):
Marginal note:Presentation of statements
(10) If they are attending a hearing as an observer,
(a) a victim may present a statement describing the harm done to them or loss suffered by them as a result of the commission of the offence and the continuing impact of the commission of the offence — including any safety concerns — and commenting on the possible release of the offender; and
(b) a person referred to in subsection 142(3) may present a statement describing the harm done to them or loss suffered by them as a result, and the continuing impact, of any act of the offender in respect of which a complaint was made to the police or Crown attorney or an information laid under the Criminal Code — including any safety concerns — and commenting on the possible release of the offender.
Marginal note:Presentation of statements in absence of person
(11) If a victim or a person referred to in subsection 142(3) is not attending a hearing, their statement may be presented at the hearing in a format that the Board considers appropriate.
Marginal note:Communication of statement in writing
(12) A victim or a person referred to in subsection 142(3) shall, before the hearing, deliver to the Board a transcript of the statement that they plan to present under subsection (10) or (11).
97. Subsection 141(3) of the Act is replaced by the following:
Marginal note:Waiver and postponement
(3) An offender may waive the right to be provided with the information or summary or to have it provided within the period referred to in subsection (1). If they waive the latter right and they receive information so late that it is not possible for them to prepare for the review, they are entitled to a postponement and a member of the Board or a person designated by name or position by the Chairperson of the Board shall, at the offender’s request, postpone the review for the period that the member or person determines. If the Board receives information so late that it is not possible for it to prepare for the review, a member of the Board or a person designated by name or position by the Chairperson of the Board may postpone the review for any reasonable period that the member or person determines.
Marginal note:1995, c. 42, subpar. 71(a)(xxi)(F)
98. (1) Subparagraph 142(1)(b)(v) of the Act is replaced by the following:
(v) any of the conditions attached to the offender’s unescorted temporary absence, parole or statutory release and the reasons for any unescorted temporary absence,
(2) Paragraph 142(1)(b) of the Act is amended by striking out “and” at the end of subparagraph (vii), by adding “and” at the end of subparagraph (viii) and by adding the following after subparagraph (viii):
(ix) the reason for a waiver of the right to a hearing under subsection 140(1) if the offender gives one.
99. Subsection 144(1) of the Act is replaced by the following:
Marginal note:Registry of decisions
144. (1) The Board shall maintain a registry of the decisions rendered by it under this Part or under paragraph 746.1(2)(c) or (3)(c) of the Criminal Code and its reasons for those decisions.
100. Subsection 146(1) of the Act is replaced by the following:
Marginal note:Constitution of Appeal Division
146. (1) There shall be a division of the Board known as the Appeal Division, consisting of not more than six full-time members — one of whom shall be designated Vice-Chairperson, Appeal Division — and a number of part-time members designated in both cases by the Governor in Council, on the recommendation of the Minister, from among the members appointed under section 103.
101. The Act is amended by adding the following after section 154:
Marginal note:Board members not to be witnesses
154.1 A member of the Board 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 functions under this or any other Act of Parliament.
102. Section 157 of the Act is amended by adding the following in alphabetical order:
“statutory release”
« libération d’office »
“statutory release” has the same meaning as in Part II.
Marginal note:2001, c. 41, s. 91
103. (1) Paragraph 1(a) of Schedule I to the Act is replaced by the following:
(a) sections 46 and 47 (high treason);
(a.01) section 75 (piratical acts);
(2) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (a.5):
(a.6) section 83.18 (participation in activity of terrorist group);
(a.7) section 83.19 (facilitating terrorist activity);
(a.8) section 83.2 (commission of offence for terrorist group);
(a.9) section 83.21 (instructing to carry out activity for terrorist group);
(a.91) section 83.22 (instructing to carry out terrorist activity);
(3) Paragraph 1(c) of Schedule I to the Act is replaced by the following:
(c) section 87 (pointing a firearm);
(c.1) section 98 (breaking and entering to steal firearm);
(c.2) section 98.1 (robbery to steal firearm);
(4) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (g):
(g.1) section 153.1 (sexual exploitation of person with disability);
(5) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (j):
(j.1) section 163.1 (child pornography);
(6) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (m):
(m.1) section 172.1 (luring a child);
(7) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (n):
(n.1) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of 18 years);
(8) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (r):
(r.1) section 244.1 (causing bodily harm with intent — air gun or pistol);
(r.2) section 244.2 (discharging firearm — recklessness);
(r.3) section 245 (administering noxious thing);
(9) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (s):
(s.01) section 247 (traps likely to cause bodily harm);
(s.02) section 248 (interfering with transportation facilities);
(10) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (s.1):
(s.11) subsections 249.1(3) and (4) (flight causing bodily harm or death);
(s.12) section 249.2 (causing death by criminal negligence (street racing));
(s.13) section 249.3 (causing bodily harm by criminal negligence (street racing));
(s.14) section 249.4 (dangerous operation of motor vehicle while street racing);
(11) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (s.3):
(s.4) section 264.1 (uttering threats);
(12) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (w):
(w.1) section 269.1 (torture);
(13) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (x):
(x.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm);
(x.2) section 270.02 (aggravated assault of peace officer);
(14) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (z.1):
(z.11) section 273.3 (removal of child from Canada);
(15) Paragraph 1(z.2) of Schedule I to the English version of the Act is replaced by the following:
(z.2) section 279 (kidnapping and forcible confinement);
(16) Paragraph 1(z.3) of Schedule I to the Act is replaced by the following:
(z.3) sections 343 and 344 (robbery);
(z.301) section 346 (extortion);
104. Schedule I to the Act is amended by adding the following after section 5:
5.1 If prosecuted by way of indictment, the offence of pointing a firearm, as provided for by subsection 86(1) of the Criminal Code, as it read immediately before December 1, 1998.
Transitional Provisions
Marginal note:Recalculation of statutory release date
105. Subsection 127(5.1) of the Corrections and Conditional Release Act, as enacted by section 81, applies only in respect of an offender who is on parole or statutory release and who receives an additional sentence for an offence under an Act of Parliament on or after the day on which this section comes into force.
Marginal note:Detention
106. Subparagraph 129(2)(a)(ii) of the Corrections and Conditional Release Act and subparagraphs (a)(iv.1) and (vii.1) of the definition “sexual offence involving a child” in subsection 129(9) of that Act, as enacted by section 84, apply in respect of an offender who is sentenced in respect of an offence referred to in any of those subparagraphs, even if they were sentenced, committed or transferred to a penitentiary before the day on which this section comes into force.
Marginal note:Automatic suspension, cancellation or revocation
107. Subsections 135(1.1) to (3.1), (6.2) to (6.4), (9.1) and (9.2) of the Corrections and Conditional Release Act, as enacted or amended by section 89, apply only in respect of an offender who receives an additional sentence on or after the day on which this section comes into force.
R.S., c. C-47Criminal Records Act
108. The long title of the Criminal Records Act is replaced by the following:
Marginal note:1992, c. 22, s. 1(1); 2010, c. 5, par. 7.1(a)(E) and 7.3(a)(F)
109. (1) The definition “pardon” in subsection 2(1) of the Act is repealed.
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“child”
« enfant »
“child” means a person who is less than 18 years of age;
“Executive Committee”
« Bureau »
“Executive Committee” means the Executive Committee of the Board referred to in subsection 151(1) of the Corrections and Conditional Release Act;
“record suspension”
« suspension du casier »
“record suspension” means a measure ordered by the Board under section 4.1;
“service offence”
« infraction d’ordre militaire »
“service offence” has the same meaning as in subsection 2(1) of the National Defence Act;
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