Bill C-479
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1st Session, 41st Parliament,
60-61-62 Elizabeth II, 2011-2012-2013
house of commons of canada
BILL C-479
An Act to amend the Corrections and Conditional Release Act (fairness for victims)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as An Act to Bring Fairness for the Victims of Violent Offenders.
1992, c. 20
CORRECTIONS AND CONDITIONAL RELEASE ACT
2. (1) Section 123 of the Corrections and Conditional Release Act is amended by adding the following after subsection (5):
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 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.
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):
Violent offender
(5.2) 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, it shall conduct another review within four years after the 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):
Schedule I offence
(1.1) Despite subsection (1), if the order made under subsection 130(3) relates to an offender who is serving a sentence for an offence set out in Schedule I that caused the death of, or serious harm to, a person, the Board shall review the order within two years after the date the order was made, and thereafter within two years after the date of each preceding review while the offender remains subject to the order.
4. (1) The portion of subsection 140(4) of the Act before paragraph (a) is replaced by the following:
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):
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).
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 follow the hearing by teleconference or by means of a one-way closed circuit video feed.
(3) Section 140 of the Act is amended by adding the following after subsection (10):
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:
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 provided for by regulation.
5. The Act is amended by adding the following after section 140:
Cancellation of review hearing
140.1 Despite any other provision of this Act, if an offender has, on more than one occasion, refused to attend a review hearing or waived his or her right to a review hearing less than 15 days before the date scheduled for the hearing without providing a reasonable explanation for doing so, the Board may cancel the next review hearing to which the offender would otherwise be entitled to under this Act.
6. (1) Paragraph 142(1)(a) of the Act is amended by striking out “and” at the end of subparagraph (iv) and by adding the following after that subparagraph:
(v) the date, if any, on which the offender is to be released on unescorted temporary absence, escorted temporary absence where the Board has approved the absence as required by subsection 746.1(2) of the Criminal Code, parole or statutory release,
(vi) any of the conditions attached to the offender’s unescorted temporary absence, parole or statutory release and the reasons for any unescorted temporary absence, and
(vii) 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; and
(2) Subparagraph 142(1)(b)(iii) of the Act is repealed.
(3) Subparagraphs 142(1)(b)(v) and (vi) of the Act are repealed.
(4) 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
(5) Section 142 of the Act is amended by adding the following after subsection (1):
Timing of disclosure
(1.1) The Chairperson must disclose the information referred to in subparagraphs (1)(a)(v) to (vii) at least 14 days before the offender in question is to be released.
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.
7. The Act is amended by adding the following after section 144:
Providing transcript
144.1 If a transcript of a hearing has been made, a copy of it shall, on written request, be provided by the Board free of charge to the victim, a member of the victim’s family or the offender.
Published under authority of the Speaker of the House of Commons