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Bill S-219

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Second Session, Forty-third Parliament,
69 Elizabeth II, 2020
SENATE OF CANADA
BILL S-219
An Act to amend the Corrections and Conditional Release Act (disclosure of information to victims)
FIRST READING, December 1, 2020
THE HONOURABLE SENATOR Boisvenu
4322012


SUMMARY

This enactment amends the Corrections and Conditional Release Act to provide that information disclosed to the victim of an offence regarding eligibility dates and review dates applicable to the offender in respect of temporary absences, parole or statutory releases or must include an explanation of how the dates were determined.
Available on the Senate of Canada website at the following address:
www.sencanada.ca/en


2nd Session, 43rd Parliament,
69 Elizabeth II, 2020
SENATE OF CANADA
BILL S-219
An Act to amend the Corrections and Conditional Release Act (disclosure of information to victims)
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(1)Subparagraph 26(1)‍(a)‍(iv) of the Corrections and Conditional Release Act is replaced by the following:
(iv)eligibility dates and review dates applicable to the offender under this Act in respect of temporary absences or parole, and an explanation of how those dates have been determined;
(2)Subparagraph 26(1)‍(c)‍(i) of the Act is replaced by the following:
(i)the date, if any, on which the offender is to be released on temporary absence, work release, parole or statutory release, and an explanation of how that date has been determined,
2(1)Subparagraph 142(1)‍(a)‍(iv) of the Act is replaced by the following:
(iv)eligibility dates and review dates applicable to the offender under this Part in respect of unescorted temporary absences or parole, and an explanation of how those dates have been determined; and
(2)Subparagraph 142(1)‍(b)‍(iii) of the Act is replaced by the following:
(iii)the date, if any, on which the offender is to be released on unescorted temporary absence, escorted temporary absence if the Board has approved the absence as required by subsection 746.‍1(2) of the Criminal Code, parole or statutory release, and an explanation of how that date has been determined,

Coordinating Amendment

2015, c. 11
3(1)In this section, “other Act” means An Act to Bring Fairness for the Victims of Violent Offenders.
(2)If section 6 of the other Act comes into force before subsection 2(2) of this Act, then
(a)that subsection 2(2) is deemed never to have come into force and is repealed; and
(b)subparagraph 142(1)‍(c)‍(i) of the Corrections and Conditional Release Act is replaced by the following:
(i)the date, if any, on which the offender is to be released on unescorted temporary absence, escorted temporary absence if the Board has approved the absence as required by subsection 746.‍1(2) of the Criminal Code, parole or statutory release, and an explanation of how that date has been determined,
(3)If subsection 2(2) of this Act comes into force before section 6 of the other Act, then, on the day on which that section 6 comes into force, subparagraph 142(1)‍(c)‍(i) of the Corrections and Conditional Release Act is replaced by the following:
(i)the date, if any, on which the offender is to be released on unescorted temporary absence, escorted temporary absence if the Board has approved the absence as required by subsection 746.‍1(2) of the Criminal Code, parole or statutory release, and an explanation of how that date has been determined,
(4)If section 6 of the other Act comes into force on the same day as subsection 2(2) of this Act, then that subsection 2(2) is deemed to have come into force before that section 6 and subsection (3) applies as a consequence.
Published under authority of the Senate of Canada



explanatory notes

Corrections and Conditional Release Act
Clause 1:Existing text of relevant portions of subsection 26(1):
26(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:
. . .
(iv)eligibility dates and review dates applicable to the offender under this Act in respect of temporary absences or parole;
. . .
(c)shall disclose to the victim any of the following information about the offender, if, in the Commissioner’s opinion, the disclosure would not have a negative impact on the safety of the public:
(i)the date, if any, on which the offender is to be released on temporary absence, work release, parole or statutory release,
Clause 2:Existing text of relevant portions of subsection 142(1):
142(1)At the request of a victim of an offence committed by an offender, the Chairperson
(a)shall disclose to the victim the following information about the offender:
. . .
(iv)eligibility dates and review dates applicable to the offender under this Part in respect of unescorted temporary absences or parole; and
(b)may disclose to the victim any of the following information about the offender, where in the Chairperson’s opinion the interest of the victim in the disclosure clearly outweighs any invasion of the offender’s privacy that could result from the disclosure, namely,
. . .
(iii)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,
An Act to Bring Fairness for the Victims of Violent Offenders
Clause 3:Existing text of relevant portions of section 6:
[6] (4)Subsection 142(1) of the [Corrections and Conditional Release] Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c)shall disclose to the victim any of the following information about the offender, if, in the Chairperson’s opinion, the disclosure would not have a negative impact on the safety of the public:
(i)the date, if any, on which the offender is to be released on unescorted temporary absence, escorted temporary absence if the Board has approved the absence as required by subsection 746.‍1(2) of the Criminal Code, parole or statutory release,

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