Corrections and Conditional Release Act

Marginal note:Review of cases by service

• 129 (1) Before the statutory release date of an offender who is serving a sentence of two years or more that includes a sentence imposed for an offence set out in Schedule I or II or an offence set out in Schedule I or II that is punishable under section 130 of the National Defence Act, the Commissioner shall cause the offender’s case to be reviewed by the Service.

• Marginal note:Referral of certain cases to Board

  (2) After the review of the case of an offender pursuant to subsection (1), and not later than six months before the statutory release date, the Service shall refer the case to the Board together with all the information that, in its opinion, is relevant to it, where the Service is of the opinion

  • (a) in the case of an offender serving a sentence that includes a sentence for an offence set out in Schedule I, that

    • (i) the commission of the offence caused the death of or serious harm to another person and there are reasonable grounds to believe that the offender is likely to commit an offence causing death or serious harm to another person before the expiration of the offender’s sentence according to law, or

    • (ii) the offence was a sexual offence involving a child and there are reasonable grounds to believe that the offender is likely to commit a sexual offence involving a child before the expiration of the offender’s sentence according to law; or

  • (b) in the case of an offender serving a sentence that includes a sentence for an offence set out in Schedule II, that there are reasonable grounds to believe that the offender is likely to commit a serious drug offence before the expiration of the offender’s sentence according to law.

• Marginal note:Referral of cases to Chairperson of Board

  (3) Where the Commissioner believes on reasonable grounds that an offender who is serving a sentence of two years or more is likely, before the expiration of the sentence according to law, to commit an offence causing death or serious harm to another person, a sexual offence involving a child or a serious drug offence, the Commissioner shall refer the case to the Chairperson of the Board together with all the information in the possession of the Service that, in the Commissioner’s opinion, is relevant to the case, as soon as is practicable after forming that belief, but the referral may not be made later than six months before the offender’s statutory release date unless

  • (a) the Commissioner formed that belief on the basis of behaviour of the offender during the six months preceding the statutory release date or on the basis of information obtained during those six months; or

  • (b) as a result of any recalculation of the sentence under this Act, the statutory release date of the offender has passed or less than six months remain before that date.

  • (c) [Repealed, 1995, c. 42, s. 44]

• Marginal note:Detention pending referral

  (3.1) Where paragraph (3)(b) applies and the statutory release date has passed, the Commissioner shall, within two working days after the recalculation under that paragraph, make a determination whether a referral is to be made to the Chairperson of the Board pursuant to subsection (3) and, where appropriate, shall make a referral, and the offender is not entitled to be released on statutory release pending the determination.

• Marginal note:Request for information by Board

  (4) At the request of the Board, the Service shall take all reasonable steps to provide the Board with any additional information that is relevant to a case referred pursuant to subsection (2) or (3).

• Marginal note:Deadlines for review by Board

  (5) Where the case of an offender is referred to the Chairperson of the Board pursuant to subsection (3) during the six months preceding the statutory release date of the offender, or on or after that date, the Board shall

  • (a) if the case is referred to the Chairperson more than four weeks before that date, review the case pursuant to subsection 130(1) before that date;

  • (b) if the case is referred to the Chairperson during the four weeks preceding that date but more than three days before that date,

    • (i) review the case pursuant to subsection 130(1) before that date, if possible, or

    • (ii) make an interim review of the case before that date; or

  • (c) if the case is

    • (i) referred to the Chairperson on the statutory release date or during the three days preceding that date, or

    • (ii) referred to the Chairperson pursuant to paragraph (3)(b) after the statutory release date has passed,

    make an interim review of the case during the three days following the day on which the case was so referred.

• Marginal note:Interim review

  (6) An interim review required by subsection (5) shall be made in the manner prescribed by the regulations.

• Marginal note:Decision to review

  (7) On completion of an interim review pursuant to subsection (5), if the Board is of the opinion, on the basis of all the information provided, that a sufficient case is made for a review pursuant to subsection 130(1), the Board shall conduct a review of the case as soon as is practicable and not later than four weeks after the case was referred to the Chairperson of the Board.

• Marginal note:Delegation to provincial authorities

  (8) The Commissioner may delegate to the correctional authorities of a province the powers of the Service and of the Commissioner under this section in relation to offenders who are serving their sentences in a correctional facility in that province.

• Marginal note:Definitions

  (9) In this section and sections 130 and 132,

  serious drug offence

  infraction grave en matière de drogue

  serious drug offence means an offence set out in Schedule II; (infraction grave en matière de drogue)

  sexual offence involving a child

  infraction d’ordre sexuel à l’égard d’un enfant

  sexual offence involving a child means

  • (a) an offence under any of the following provisions of the Criminal Code that was prosecuted by way of indictment, namely,

    • (i) section 151 (sexual interference),

    • (ii) section 152 (invitation to sexual touching),

    • (iii) section 153 (sexual exploitation),

    • (iv) subsection 160(3) (bestiality in presence of child or inciting child to commit bestiality),

    • (v) section 170 (parent or guardian procuring sexual activity by child),

    • (vi) section 171 (householder permitting sexual activity by child),

    • (vii) section 172 (corrupting children),

    • (viii) subsection 212(2) (living off the avails of prostitution by a child), and

    • (ix) subsection 212(4) (obtaining sexual services of a child),

  • (b) an offence under any of the following provisions of the Criminal Code involving a person under the age of eighteen years that was prosecuted by way of indictment, namely,

    • (i) section 155 (incest),

    • (ii) section 159 (anal intercourse),

    • (iii) subsections 160(1) and (2) (bestiality and compelling bestiality),

    • (iv) section 271 (sexual assault),

    • (v) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), and

    • (vi) section 273 (aggravated sexual assault),

  • (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 1, 1988, that was prosecuted by way of indictment, namely,

    • (i) section 146 (sexual intercourse with a female under 14),

    • (ii) section 151 (seduction of a female between 16 and 18), and

    • (iii) section 167 (householder permitting defilement),

  • (d) an offence involving a person under the age of eighteen years under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 1, 1988, that was prosecuted by way of indictment, namely,

    • (i) section 153 (sexual intercourse with step-daughter),

    • (ii) section 155 (buggery or bestiality),

    • (iii) section 157 (gross indecency), and

    • (iv) section 166 (parent or guardian procuring defilement), or

  • (e) an offence involving a person under the age of eighteen years under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 4, 1983, that was prosecuted by way of indictment, namely,

    • (i) section 144 (rape),

    • (ii) section 145 (attempt to commit rape),

    • (iii) section 149 (indecent assault on female), and

    • (iv) section 156 (indecent assault on male). (infraction d’ordre sexuel à l’égard d’un enfant)

• Marginal note:Determination of likelihood of offence

  (10) In determining whether an offender is likely to commit an offence causing death or serious harm to another person, a sexual offence involving a child or a serious drug offence, it is not necessary to determine whether the offender is likely to commit any particular offence.