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Bill C-211

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1st Session, 36th Parliament,
46 Elizabeth II, 1997

The House of Commons of Canada

BILL C-211

An Act to amend the Criminal Code (arrest of those in breach of condition of parole or statutory or temporary release)

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

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

1. Subsection 497(1) of the Criminal Code is amended by deleting the word ``or'' at the end of paragraph (f), by adding the word ``or'' at the end of paragraph (g) and by adding the following after paragraph (g):

    (h) the person has been arrested for an offence under section 733.1, in which case the peace officer shall advise the person's parole supervisor and the Board that autho rized the person's parole or release to give the Board the opportunity to

      (i) consent to the release, or

      (ii) apply, when the person is brought before a justice, for an order that the person remain in custody to allow for the issue of a warrant of apprehension pur suant to the Corrections and Conditional Release Act.

2. Subsection 733.1(1) of the Act is replaced by the following:

Failure to comply with probation order, parole or release

733.1 (1) An offender who is bound by a probation order and who, without reasonable excuse, fails or refuses to comply with that order, or who is on parole, statutory release or temporary release pursuant to the Corrections and Conditional Release Act and who, with out reasonable excuse, fails or refuses to comply with a condition of the parole or release, is guilty of

    (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

    (b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding eighteen months, or to a fine not exceeding two thousand dollars, or both.