Corrections and Conditional Release Act

Marginal note:Application

• 125 (1) This section and section 126 apply to an offender sentenced, committed or transferred to penitentiary for the first time, otherwise than pursuant to an agreement entered into under paragraph 16(1)(b), other than an offender

  • (a) serving a sentence for one of the following offences, namely,

    • (i) murder,

    • (ii) an offence set out in Schedule I or a conspiracy to commit such an offence,

    • (ii.1) an offence under section 83.02 (providing or collecting property for certain activities), 83.03 (providing, making available, etc. property or services for terrorist purposes), 83.04 (using or possessing property for terrorist purposes), 83.18 (participation in activity of terrorist group), 83.19 (facilitating terrorist activity), 83.2 (to carry out activity for terrorist group), 83.21 (instructing to carry out activity for terrorist group), 83.22 (instructing to carry out terrorist activity) or 83.23 (harbouring or concealing) of the Criminal Code or a conspiracy to commit such an offence,

    • (iii) an offence under section 463 of the Criminal Code that was prosecuted by indictment in relation to an offence set out in Schedule I, other than the offence set out in paragraph (1)(q) of that Schedule,

    • (iv) an offence set out in Schedule II in respect of which an order has been made under section 743.6 of the Criminal Code,

    • (v) an offence contrary to section 130 of the National Defence Act where the offence is murder, an offence set out in Schedule I or an offence set out in Schedule II in respect of which an order has been made under section 140.4 of the National Defence Act, or

    • (vi) a criminal organization offence within the meaning of section 2 of the Criminal Code, including an offence under subsection 82(2);

  • (a.1) convicted of an offence under section 240 of the Criminal Code;

  • (b) serving a life sentence imposed otherwise than as a minimum punishment; or

  • (c) whose day parole has been revoked.

• Marginal note:Idem

  (1.1) For greater certainty, this section and section 126

  • (a) apply to an offender referred to in subsection (1) who, after being sentenced, committed or transferred to penitentiary for the first time, is sentenced in respect of an offence, other than an offence referred to in paragraph (1)(a), that was committed before the offender was sentenced, committed or transferred to penitentiary for the first time; and

  • (b) do not apply to an offender referred to in subsection (1) who, after being sentenced, committed or transferred to penitentiary for the first time, commits an offence under an Act of Parliament for which the offender receives an additional sentence.

• Marginal note:Review of cases by Service

  (2) The Service shall, at the time prescribed by the regulations, review the case of an offender to whom this section applies for the purpose of referral of the case to the Board for a determination under section 126.

• Marginal note:Evidence to be considered

  (3) A review made pursuant to subsection (2) shall be based on all reasonably available information that is relevant, including

  • (a) the social and criminal history of the offender obtained pursuant to section 23;

  • (b) information relating to the performance and behaviour of the offender while under sentence; and

  • (c) any information that discloses a potential for violent behaviour by the offender.

• Marginal note:Referral to Board

  (4) On completion of a review pursuant to subsection (2), the Service shall, within such period as is prescribed by the regulations preceding the offender’s eligibility date for full parole, refer the case to the Board together with all information that, in its opinion, is relevant to the case.

• Marginal note:Delegation to provincial authorities

  (5) The Service may delegate to the correctional authorities of a province its powers under this section in relation to offenders who are serving their sentences in provincial correctional facilities in that province.