1st Session, 37th Parliament,
49-50 Elizabeth II, 2001

House of Commons of Canada

BILL C-412

An Act to amend the Corrections and Conditional Release Act and the Criminal Code (sentencing judge to determine level of security of incarceration of inmate for first third of sentence)

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1992, c. 20

CORRECTIONS AND CONDITIONAL RELEASE ACT

1. Paragraph 4(d) of the Corrections and Conditional Release Act is replaced by the following:

    (d) that, subject to the order of the court made pursuant to section 718.4 of the Criminal Code , the Service use the least restrictive measures consistent with the protection of the public, staff members and offenders;

2. Section 11 of the Act is replaced by the following:

General

11. A person who is sentenced, committed or transferred to penitentiary may be received into any penitentiary that has a security classification equal to or higher than the level of security ordered by the court pursuant to section 718.4 of the Criminal Code, but any designation of a particular penitentiary in the warrant of committal is of no force or effect.

3. Section 12 of the Act is replaced by the following:

Fifteen day delay

12. Notwithstanding section 11, in order to better enable a person who has been sentenced to penitentiary or who is required by law to be transferred to penitentiary to file an appeal or attend to personal affairs, such a person shall not be received in penitentiary until the expiration of fifteen days after the day on which the person was sentenced, unless the person agrees to be transferred to a penitentiary before the expiration of those fifteen days.

4. Section 30 of the Act is amended by adding the following after subsection (1):

Consistency of classification

(1.1) The security classification of an inmate assigned pursuant to subsection (1) shall

    (a) correspond to the security classifications assigned to institutions administered by or for the Service; and

    (b) be equal to or higher than the level of security ordered by the court pursuant to section 718.4 of the Criminal Code.

5. Section 96 of the Act is amended by adding the following after paragraph (c):

    (c.1) assigning a security classification to every institution administered by or for the Service;

R.S., c. C-46

CRIMINAL CODE

6. Subsection 527(6) of the Criminal Code is replaced by the following:

Application of sections respecting sentence

(6) Sections 718.3, 718.4 and 743.1 apply where a prisoner to whom this section applies is convicted and sentenced to imprisonment by the court, judge, justice or provincial court judge.

7. The Act is amended by adding the following after section 718.3:

Security level of incarceration

718.4 (1) A court that imposes a sentence of a term of imprisonment for a period of two years or more shall, at the time it imposes the sentence, make an order specifying the minimum security level of the incarceration for the first third of the period of imprisonment.

Security classifications as under Corrections and Conditional Release Act

(2) The security level of the incarceration ordered pursuant to subsection (1) shall be in accordance with one of the security classifications of institutions established pursuant to the Corrections and Conditional Release Act.

Right to appeal or address court

(3) A person who has the right to appeal or address a court with respect to a sentence has the right to appeal or address the court with respect to the order mentioned in subsection (1).