Bill C-425
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
|
1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
|
|
|
|
The House of Commons of Canada
|
|
|
|
BILL C-425 |
|
|
|
An Act to amend the Criminal Code (public
disclosure of the names of persons who
have served a sentence of imprisonment
for an offence of a sexual nature)
|
|
| R.S., c. C-46;
R.S., cc. 2, 11,
27, 31, 47, 51,
52 (1st
Supp.), cc. 1,
24, 27, 35
(2nd Supp.),
cc. 10, 19, 30,
34 (3rd
Supp.), cc. 1,
23, 29, 30, 31,
32, 40, 42, 50
(4th Supp.);
1989, c. 2;
1990, cc. 15,
16, 17, 44;
1991, cc. 1, 4,
28, 40, 43;
1992, cc. 1,
11, 20, 21, 22,
27, 38, 41, 47,
51; 1993,
cc. 7, 25, 28,
34, 37, 40, 45,
46; 1994, cc.
12, 13, 38, 44;
1995, cc. 5,
19, 22, 27, 29,
32, 39, 42;
1996, cc. 7, 8,
16, 19, 31, 34;
1997, cc. 9,
16, 17, 18, 23,
30, 39
|
|
|
|
|
1. The Criminal Code is amended by
adding the following after section 810.2:
|
|
| Application
for
publication
|
810.3 (1) Any person who fears on
reasonable grounds that another person, other
than a young person within the meaning of the
Young Offenders Act, who has been sentenced
to a term of imprisonment for an offence under
sections 151, 152, 155 or 159, subsections
160(2) or (3), sections 170 or 171, subsection
173(2) or sections 271, 272 or 273, will
commit one of those offences after serving the
sentence, may, within three months before the
date set for the expiration of the sentence, with
the consent of the Attorney General, lay an
information before a provincial court judge.
|
|
| Duty of
provincial
court judge
|
(2) A judge who receives an information
under subsection (1) shall cause the parties to
appear before him.
|
|
| Adjudication
|
(3) The provincial court judge before whom
the parties appear may, if satisfied by the
evidence adduced that the informant has
reasonable grounds for the fear and that the
interests of society, in particular the protection
of the public, prevail over the right to privacy
of the defendant and any victim of the offence
of which the defendant was convicted, order
that the defendant enter into a recognizance
and comply with the conditions fixed by the
provincial court judge respecting the public
disclosure of the defendant's name and the
offence of which the defendant was convicted,
including the condition set out in subsection
(7).
|
|
| Adjudication
|
(4) In making an adjudication under
subsection (3), the provincial court judge shall
consider
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Refusal to
enter into
recognizance
|
(5) The provincial court judge may commit
the defendant to prison for a term not
exceeding twelve months if the defendant
fails or refuses to enter into the recognizance.
|
|
| Variance of
conditions
|
(6) The provincial court judge may, on
application of the informant or the defendant,
vary the conditions fixed in the recognizance.
|
|
| Conditions -
reporting
|
(7) Before making an order under
subsection (3), the provincial court judge shall
consider whether it is desirable to include as
a condition of the recognizance that the
defendant report to the correctional authority
of a province or to an appropriate police
authority in order to disclose the required
information, and where the provincial court
judge decides that it is desirable for the
defendant to report for that purpose, the
provincial court judge may add to the
recognizance a condition that the defendant
report to such authority.
|
|
| Other
provisions to
apply
|
(8) Subsections 810(4) and (5) apply, with
such modifications as the circumstances
require, to recognizances made under this
section.
|
|
|
|
2. The Act is amended by adding the
following after section 811:
|
|
| Breach of
recognizance
|
811.1 A person bound by a recognizance
under section 810.3 who commits a breach of
the recognizance is guilty of
|
|
|
|
|
|
|
|
|
|