SHORT TITLE

Marginal note:Short title

1. This Act may be cited as An Act to Bring Fairness for the Victims of Violent Offenders.

1992, c. 20CORRECTIONS AND CONDITIONAL RELEASE ACT

• 2. (1) Section 123 of the Corrections and Conditional Release Act is amended by adding the following after subsection (5):

  • Marginal note:Violent offender

    (5.01) Despite subsection (5), if the Board decides not to grant parole to an offender who has been convicted of an offence involving violence for which the offender is serving a sentence of at least two years — or a sentence that includes a sentence of at least two years for an offence involving violence — following a review under subsection (1) or section 122, or if a review is not made by virtue of subsection (2), the Board shall conduct another review within five years after the later of the day on which the review took place or was scheduled to take place and thereafter within five years after that day until

    • (a) the offender is released on full parole or on statutory release;

    • (b) the offender’s sentence expires; or

    • (c) less than four months remain to be served before the offender’s statutory release date.

  • Marginal note:Written reasons

    (5.02) If the Board decides not to grant parole to an offender referred to in subsection (5.01), it shall provide the offender with written reasons for its decision.

• (2) Section 123 of Act is amended by adding the following after subsection (5.1):

  • Marginal note:Violent offender

    (5.2) Despite subsection (5.1), if the Board cancels or terminates parole for an offender who has been convicted of an offence involving violence for which the offender is serving a sentence of at least two years — or a sentence that includes a sentence of at least two years for an offence involving violence — the Board shall conduct another review within four years after the date of cancellation or termination and, after that date, within five years after the day on which each preceding review takes place until

    • (a) the offender is released on full parole or on statutory release;

    • (b) the offender’s sentence expires; or

    • (c) less than four months remain to be served before the offender’s statutory release date.

• (3) Section 123 of Act is amended by adding the following after subsection (7):

  • Definition of “offence involving violence”

    (8) In this section, “offence involving violence” means murder or any offence set out in Schedule I.

3. Section 131 of the Act is amended by adding the following after subsection (1):

• 4. (1) Paragraphs 140(1)(b) and (c) of the Act are replaced by the following:

  • (b) the first review for full parole under subsection 123(1) and subsequent reviews under subsection 123(5), (5.01) or (5.1);

  • (c) a review conducted under section 129 or subsection 130(1) or 131(1) or (1.1);

• (1.1) The portion of subsection 140(4) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Attendance by observers

    (4) Subject to subsections (5) and (5.1), the Board or a person designated, by name or by position, by the Chairperson of the Board shall, subject to such conditions as the Board or person considers appropriate and after taking into account the offender’s views, permit a person who applies in writing therefor to attend as an observer at a hearing relating to an offender, unless the Board or person is satisfied that

• (2) Section 140 of the Act is amended by adding the following after subsection (5):

  • Marginal note:Attendance by victim or member of their family

    (5.1) In determining whether to permit a victim or a member of the victim’s family to attend as an observer at a hearing, the Board or its designate shall make every effort to fully understand the need of the victim and of the members of his or her family to attend the hearing and witness its proceedings. The Board or its designate shall permit a victim or a member of his or her family to attend as an observer unless satisfied that the presence of the victim or family member would result in a situation described in paragraph (4)(a), (b), (c) or (d).

  • Marginal note:Attendance not permitted

    (5.2) If the Board or its designate decides under subsection (5.1) to not permit a victim or a member of his or her family to attend a hearing, the Board shall provide for the victim or family member to observe the hearing by any means that the Board considers appropriate.

• (3) Section 140 of the Act is amended by adding the following after subsection (10):

  • Marginal note:Consideration of statement

    (10.1) The Board shall, in deciding whether an offender should be released and what conditions might be applicable to the release, take into consideration any statement that has been presented in accordance with paragraph (10)(a) or (b).

• (4) Subsection 140(11) of the Act is replaced by the following:

  • Marginal note:Forms of statement

    (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 the form of a written statement, which may be accompanied by an audio or video recording, or in any other form prescribed by the regulations.

5. The Act is amended by adding the following after section 140:

• 6. (1) Subparagraph 142(1)(b)(iii) of the Act is repealed.

• (2) Subparagraphs 142(1)(b)(v) and (vi) of the Act are repealed.

• (3) Paragraph 142(1)(b) of the Act is amended by striking out “and” at the end of subparagraph (viii) and by adding the following after that subparagraph:

  • (viii.1) information pertaining to the offender’s correctional plan, including information regarding the offender’s progress towards meeting the objectives of the plan, and

• (4) Subsection 142(1) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

  • (c) shall disclose to the victim any of the following information about the offender, if, in the Chairperson’s opinion, the disclosure would not have a negative impact on the safety of the public:

  • (i) the date, if any, on which the offender is to be released on unescorted temporary absence, escorted temporary absence if the Board has approved the absence as required by subsection 746.1(2) of the Criminal Code, parole or statutory release,

  • (ii) any conditions attached to the offend­er’s unescorted temporary absence, parole or statutory release and the reasons for any unescorted temporary absence, and

  • (iii) the destination of the offender when released on unescorted temporary absence, parole or statutory release and whether the offender will be in the vicinity of the victim while travelling to that destination.

• (5) Section 142 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Timing of disclosure

    (1.1) The Chairperson shall disclose the information referred to in paragraph (1)(c) at least 14 days, where practicable, before the offender in question is to be released.

  • Marginal note:Continuing duty to disclose

    (1.2) If a victim makes a request to the Chairperson under subsection (1) in respect of the information relating to an offender and, subsequent to that initial request, there are changes to that information, the Chairperson shall, in accordance with that subsection, disclose any such changes to the victim, unless the victim notifies the Chairperson that he or she does not wish to be so informed.

TRANSITIONAL PROVISIONS

Marginal note:Additional sentence

• 7. (1) Subsections 123(5.01) and (5.2) of the Corrections and Conditional Release Act, as enacted by section 2 — and subsection 131(1.1) of the Act, as enacted by section 3 — apply in respect of an offender 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:Additional sentence — on parole or statutory release

  (2) Subsections 123(5.01) and (5.2) of the Corrections and Conditional Release Act, as enacted by section 2 — and subsection 131(1.1) of the Act, as enacted by section 3 — apply 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:First review — section 122, 123 or 131

  (3) Subsections 123(5.01) and (5.2) of the Corrections and Conditional Release Act, as enacted by section 2 — and subsection 131(1.1) of the Act, as enacted by section 3 — apply in respect of an offender even if they were sentenced, committed or transferred to a penitentiary before the day on which this section comes into force. However, they do not apply to the first review on or after that day, under section 122, 123 or 131, as the case may be.