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Bill C-437

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First Session, Forty-second Parliament,
64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
HOUSE OF COMMONS OF CANADA
BILL C-437
An Act to amend the Criminal Code, the Corrections and Conditional Release Act and the Prisons and Reformatories Act
FIRST READING, March 1, 2019
Mr. Lloyd
421556


SUMMARY
This enactment amends the Criminal Code to add as an aggravating factor for sentencing purposes and as a reason to delay parole the fact that a person who is convicted of certain offences refuses to provide persons in authority with information respecting the location of bodies or remains. It also amends the Corrections and Conditional Release Act and the Prisons and Reformatories Act to add that fact as a consideration in the making of certain decisions under those Acts.
Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 42nd Parliament,
64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
HOUSE OF COMMONS OF CANADA
BILL C-437
An Act to amend the Criminal Code, the Corrections and Conditional Release Act and the Prisons and Reformatories Act
Preamble
Whereas surviving family members of persons who die as a result of a crime are further needlessly victimized when the bodies or remains of their loved ones are not found;
Whereas the refusal of offenders to provide persons in authority with information respecting the location of bodies or remains is the primary reason author­ities are unable to locate those bodies or remains and results in the aggravated and continuing victimization of family members;
Whereas the aggravated and continuing victimization of family members caused by offenders who refuse to provide persons in authority with information respecting the location of bodies or remains is a problem in Canada;
Whereas, in the case of an offender who refuses to provide persons in authority with information respecting the location of bodies or remains, creating negative consequences in relation to sentencing and the manner in which the sentence is carried out could address the problem by deterring such behaviour;
Whereas the existence of such negative consequences would be consistent with the sentencing principles of denunciation and deterrence;
And whereas Parliament is of the opinion that this approach achieves the desired public interest object­ive while being consistent with the Canadian Charter of Rights and Freedoms;
Now, therefore, 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
1This Act may be cited as the Addressing the Continuing Victimization of Homicide Victims’ Families Act.
R.‍S.‍, c. C-46

Criminal Code

2The Criminal Code is amended by adding the following after section 718.03:
Aggravating circumstance — body or remains
718.04(1)When a court imposes a sentence for an offence in relation to the death of a person, if it is satisfied that the offender has information respecting the location of the body or remains of the person but refuses to provide persons in authority with that information, the court shall, in order to denounce and deter such behaviour, consider the refusal as an aggravating circumstance.
Reasons
(2)If the court is satisfied of the existence of the aggravating circumstance referred to in subsection (1) but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision.
3The Act is amended by adding the following after subsection 743.6(1.2):
Power of court to delay parole
(1.3)Despite section 120 of the Corrections and Conditional Release Act, if an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, on conviction for an offence in relation to the death of a person and the court is satisfied that the offender has information respecting the location of the body or remains of the person but refuses to provide it to persons in authority, the court shall order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less, unless the court is satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society’s denunciation of the offence and the objectives of specific and general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act.
Revocation of parole order
(1.4)The court shall revoke the order made under subsection (1.3) if it is satisfied that the circumstances for which it was made have ceased to exist.
1992, c. 20

Corrections and Conditional Release Act

4Paragraph 4(a) of the Corrections and Conditional Release Act is replaced by the following:
(a)the sentence is carried out having regard to all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the offender, information from the trial or sentencing process, any order made under subsection 743.6(1.3) of the Criminal Code, the release pol­icies of and comments from the Parole Board of Canada and information obtained from victims, offenders and other components of the criminal justice system;
5Paragraph 101(a) of the Act is replaced by the following:
(a)parole boards take into consideration all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of respon­sibility of the offender, information from the trial or sentencing process, any order made under subsection 743.6(1.3) of the Criminal Code, and information obtained from victims, offenders and other components of the criminal justice system, including assessments provided by correctional authorities;
6Section 102 of the Act is renumbered as subsection 102(1) and is amended by adding the following:
Refusing to grant parole
(2)The Board or a provincial parole board may refuse to grant parole to an offender who has been sentenced for an offence in relation to the death of a person if it is satisfied that the offender has information respecting the location of the body or remains of the person but refuses to provide it to persons in authority.
7The Act is amended by adding the following after subsection 116(1):
Refusal to authorize
(1.1)The Board may refuse to authorize the unescorted temporary absence of an offender who has been sentenced for an offence in relation to the death of a person if it is satisfied that the offender has information respecting the location of the body or remains of the person but refuses to provide it to persons in authority.‍
R.‍S.‍, c. P-20

Prisons and Reformatories Act

8The Prisons and Reformatories Act is amended by adding the following after subsection 7.3(2):
Eligibility — consideration
(3)The designated authority may refuse to authorize the temporary absence of a prisoner who has been sentenced for an offence in relation to the death of a person if it is satisfied that the prisoner has information respecting the location of the body or remains of the person but refuses to provide it to persons in authority.
Published under authority of the Speaker of the House of Commons

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