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Corrections and Conditional Release Act

Version of section 26 from 2012-06-13 to 2015-07-22:


Marginal note:Disclosure of information to victims

  •  (1) At the request of a victim of an offence committed by an offender, the Commissioner

    • (a) shall disclose to the victim the following information about the offender:

      • (i) the offender’s name,

      • (ii) the offence of which the offender was convicted and the court that convicted the offender,

      • (iii) the date of commencement and length of the sentence that the offender is serving, and

      • (iv) eligibility dates and review dates applicable to the offender under this Act in respect of temporary absences or parole; and

    • (b) may disclose to the victim any of the following information about the offender, where in the Commissioner’s opinion the interest of the victim in such disclosure clearly outweighs any invasion of the offender’s privacy that could result from the disclosure:

      • (i) the offender’s age,

      • (ii) the name and location of the penitentiary in which the sentence is being served,

      • (ii.1) if the offender is transferred, a summary of the reasons for the transfer and the name and location of the penitentiary in which the sentence is being served,

      • (ii.2) if the offender is to be transferred to a minimum security institution as designated by Commissioner’s Directive and it is possible to notify the victim before the transfer, a summary of the reasons for the transfer and the name and location of the institution in which the sentence is to be served,

      • (ii.3) the programs that were designed to address the needs of the offender and contribute to their successful reintegration into the community in which the offender is participating or has participated,

      • (ii.4) the serious disciplinary offences that the offender has committed,

      • (iii) the date, if any, on which the offender is to be released on temporary absence, work release, parole or statutory release,

      • (iv) the date of any hearing for the purposes of a review under section 130,

      • (v) any of the conditions attached to the offender’s temporary absence, work release, parole or statutory release,

      • (vi) the destination of the offender on any temporary absence, work release, parole or statutory release, whether the offender will be in the vicinity of the victim while travelling to that destination and the reasons for any temporary absence, and

      • (vii) whether the offender is in custody and, if not, the reason why the offender is not in custody.

  • Marginal note:Idem

    (2) Where a person has been transferred from a penitentiary to a provincial correctional facility, the Commissioner may, at the request of a victim of an offence committed by that person, disclose to the victim the name of the province in which the provincial correctional facility is located, if in the Commissioner’s opinion the interest of the victim in such disclosure clearly outweighs any invasion of the person’s privacy that could result from the disclosure.

  • Marginal note:Disclosure of information to other persons

    (3) Subsection (1) also applies, with such modifications as the circumstances require, to a person who satisfies the Commissioner

    • (a) that harm was done to the person, or the person suffered physical or emotional damage, as a result of an act of an offender, whether or not the offender was prosecuted or convicted for that act; and

    • (b) that a complaint was made to the police or the Crown attorney, or an information was laid under the Criminal Code, in respect of that act.

  • Marginal note:Idem

    (4) Subsection (2) also applies, with such modifications as the circumstances require, to a person who satisfies the Commissioner

    • (a) that harm was done to the person, or the person suffered physical or emotional damage, as a result of an act of a person referred to in subsection (2), whether or not the person referred to in subsection (2) was prosecuted or convicted for that act; and

    • (b) that a complaint was made to the police or the Crown attorney, or an information was laid under the Criminal Code, in respect of that act.

  • 1992, c. 20, s. 26
  • 2012, c. 1, s. 57

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