Bill C-254

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

First Reading

PDF

	(3) Paragraph 130(4)(b) of the Act is replaced by the following:
	(b) in the case of an offence set out in Schedule I, the commission of the offence caused the death of, or serious harm to, another person, or the offence was a sexual offence involving a child,
	15. (1) Subparagraph 132(1)(a)(iii) of the Act is replaced by the following:
	(iii) reliable information demonstrating that the offender has had difficulties controlling violent or sexual impulses to the point of endangering the safety of any other person,
	(2) Section 132 of the Act is amended by adding the following after subsection (1):
Determina- tion of likelihood of offence	(1.1) For the purposes of the review and determination of the case of an offender pursuant to section 129, 130 or 131, the Service, the Commissioner or the Board, as the case may be, shall take into consideration any factor that is relevant in determining the likelihood of the commission of a sexual offence involving a child before the expiration of the offender's sentence according to law, including
	(a) a pattern of persistent sexual behaviour involving children established on the basis of any evidence, in particular,
	(i) the number of sexual offences involving a child committed by the offender,
	(ii) the seriousness of the offence for which the sentence is being served,
	(iii) reliable information demonstrating that the offender has had difficulties controlling sexual impulses involving children,
	(iv) behaviour of a sexual nature associated with the commission of any offence by the offender, and
	(v) a substantial degree of indifference on the part of the offender as to the consequences to other persons of the offender's behaviour;
	(b) reliable information about the offender's sexual preferences indicating that the offender is likely to commit a sexual offence involving a child before the expiration of the offender's sentence according to law;
	(c) medical, psychiatric or psychological evidence of the likelihood of the offender committing such an offence owing to a physical or mental illness or disorder of the offender;
	(d) reliable information compelling the conclusion that the offender is planning to commit such an offence; and
	(e) the availability of supervision programs that would offer adequate protection to the public from the risk the offender might otherwise present until the expiration of the offender's sentence according to law.
	16. The Act is amended by adding the following after section 132:
	Referral for Post-sentence Detention
Referral by the Service	132.1 (1) Subject to subsection (2), the Service shall refer the case of an offender to the Board for review under this section together with all information in its possession that it considers relevant to the case, if the Service is of the opinion that
	(a) the term of imprisonment that the offender is serving includes a sentence for a serious personal injury offence;
	(b) there are reasonable grounds to believe that the offender is likely, after the expiration of the sentence according to law, to commit an offence causing death or serious harm to another person; and
	(c) there is information relating to the offender that is relevant to the making of an order pursuant to section 753.1 of the Criminal Code and that could not reasonably have been presented to the court that most recently sentenced the offender for a serious personal injury offence.
Limitation	(2) An offender's case shall not be referred to the Board pursuant to this section unless the offender's case has been referred to the Board pursuant to section 129 and the offender has not been released.
Request for information by Board	(3) At the request of the Board, the Service shall take all reasonable steps to provide the Board with any additional information that is relevant to a case referred to it pursuant to this section.
Review by Board of cases referred	(4) Where the case of an offender is referred to the Board pursuant to this section, the Board shall, at the times and in the manner prescribed by the regulations,
	(a) inform the offender of the referral and review, and
	(b) review the case,
	and the Board shall cause all such inquiries to be conducted in connection with the review as it considers necessary.
Referral to Attorney General	(5) On completion of the review of an offender's case pursuant to this section, the Board may, subject to subsection (7), refer the case to the appropriate Attorney General for consideration of whether to make an application for a finding that the offender is a dangerous offender pursuant to section 753.1 of the Criminal Code if the offender is in custody pursuant to section 130 or 131 and the Board is satisfied of the matters described in paragraphs (1)(a) to (c).
Appropriate Attorney General	(6) The appropriate Attorney General is the Attorney General of the province in which the offender was most recently sentenced to imprisonment for a serious personal injury offence.
Time limits	(7) An offender's case shall not be referred to the appropriate Attorney General any earlier than one year before the expiration of the offender's sentence according to law, but the Service and the Board shall, when reviewing and referring the case, take into account the requirement that an application pursuant to section 753.1 of the Criminal Code must be made before the expiration of the offender's sentence according to law.
Relevant factors	(8) For the purposes of the review and referral of the case of an offender pursuant to this section, the Service and the Board shall take into consideration any factor that is relevant in determining the likelihood of the commission of an offence causing the death of or serious harm to another person after the expiration of the offender's sentence according to law, including
	(a) a pattern of persistent violent behaviour established on the basis of any evidence, in particular,
	(i) the number of offences committed by the offender causing physical or psychological harm,
	(ii) the seriousness of the offence for which the sentence is being served,
	(iii) reliable information demonstrating that the offender has had difficulties controlling violent or sexual impulses to the point of endangering the safety of any other person,
	(iv) the use of a weapon in the commission of any offence by the offender,
	(v) explicit threats of violence made by the offender,
	(vi) behaviour of a brutal nature associated with the commission of any offence by the offender, and
	(vii) a substantial degree of indifference on the part of the offender as to the consequences to other persons of the offender's behaviour;
	(b) medical, psychiatric or psychological evidence of the likelihood, owing to a physical or mental illness or disorder of the offender, that the offender will commit an offence causing the death of or serious harm to another person after the expiration of the offender's sentence according to law; and
	(c) reliable information compelling the conclusion that the offender is planning to commit such an offence.
Delegation to provincial authorities	(9) The Commissioner may delegate to the correctional authorities of a province the powers of the Service under this section in relation to offenders who are serving their sentences in a correctional facility in that province.
Notice	132.2 (1) Where an offender is serving a term of imprisonment that includes a sentence for a serious personal injury offence, the Service shall notify the offender of the provisions of section 132.1 of this Act and section 753.1 of the Criminal Code as soon as possible after the offender is received into a penitentiary.
Failure to notify	(2) Failure to notify an offender in accordance with subsection (1) does not invalidate a referral of the offender's case pursuant to section 132.1 or an order made pursuant to section 753.1 of the Criminal Code.
	17. The Act is amended by adding the following after section 135:
	Suspension of Post-sentence Supervision
Suspension, apprehension and recommit- ment	135.1 (1) A member of the Board or a person designated by the Chairperson of the Board may, by warrant, suspend the release and authorize the apprehension and recommitment to custody of an offender where
	(a) the offender has been released under a post-sentence supervision order made pursuant to section 753.1 of the Criminal Code; and
	(b) the offender breaches a condition of the order or the member or designated person is satisfied that it is necessary and reasonable to suspend the release in order to prevent a breach of any condition of the order or to protect society.

Transfer of offender	(2) A person designated by the Chairperson may, by warrant, order the transfer to a penitentiary of an offender who is recommitted to custody pursuant to subsection (1) in a place other than a penitentiary.
Cancellation of suspension or referral	(3) The person who signs a warrant pursuant to subsection (1) or a person designated by the Chairperson shall, forthwith after the recommitment of the offender, review the offender's case and cancel the suspension or refer the case to the Board together with an assessment of the case within five working days, within the meaning of subsection 93(5), after the recommitment.
Review by Board	(4) The Board shall review the case of an offender referred to it and, in accordance with regulations governing any aspect of the review, including the time within which it must be completed, the Board shall either cancel the suspension or confirm it for a period of not more than three months from the date on which the offender is recommitted to custody pursuant to subsection (1).
	18. The Act is amended by adding the following before section 136:
	Recommitment
	19. Subsection 137(1) of the Act is replaced by the following:
Execution of warrant	137. (1) A warrant of apprehension issued under section 118, 135, 135.1 or 136 or by a provincial parole board, or an electronically transmitted copy of the warrant , shall be executed by any peace officer to whom it is given in any place in Canada as if it had been originally issued or subsequently endorsed by a justice or other lawful authority having jurisdiction in that place.
	20. Paragraph 140(1)(c) of the Act is replaced by the following:
	(c) a review conducted pursuant to section 129, 130, 131 or 132.1 ;
	21. Subparagraph 142(1)(b)(iv) of the Act is replaced by the following:
	(iv) the date of any hearing for the purposes of a review under section 130 or 132.1,
	22. Section 147 of the Act is amended by adding the following after subsection (1):
Exception	(1.1) The referral of a case to the Attorney General of a province pursuant to section 132.1 is not a decision that may be appealed under subsection (1).
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	CRIMINAL CODE
	*23. The portion of subsection 680(1) of the Criminal Code* before paragraph (a) is replaced by the following:**
Review by court of appeal	680. (1) A decision made by a judge under section 522, subsection 524(4) or (5) or section 758.1 or a decision made by a judge of the court of appeal under section 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,
	24. The definition ``court'' in section 752 of the Act is replaced by the following:
``court'' « tribunal »	``court'' means
	(a) in the case of an application made under section 753 in relation to an offender, the court by which the offender was convicted, or a superior court of criminal jurisdiction, and
	(b) in the case of an application made under section 753.1 in relation to an offender, the superior court of criminal jurisdiction of the province in which the offender was most recently sentenced to imprisonment for a serious personal injury offence;
	25. The portion of section 753 of the Act before paragraph (a) is replaced by the following:
Application for finding	753. Where, on an application made under this section following the conviction of a person for an offence but before the offender is sentenced, it is established to the satisfaction of the court
	26. The Act is amended by adding the following after section 753:
Application for post-sentence order	753.1 (1) Where the case of an offender has been referred to the Attorney General of a province under section 132.1 of the Corrections and Conditional Release Act, the Attorney General may make an application under this section before the expiration of the offender's sentence according to law.
Court finding	(2) A court may find an offender to be a dangerous offender where, on an application made under this section, it is established to the satisfaction of the court
	(a) that the offender is serving a sentence for a serious personal injury offence described in paragraph (a) of the definition of that expression in section 752 and the offender constitutes a threat to the life, safety or physical or mental well-being of other persons on the basis of evidence establishing
	(i) a pattern of repetitive behaviour by the offender, of which the serious personal injury offence forms a part, showing a failure to restrain his or her behaviour and a likelihood of causing death or injury to other persons, or inflicting severe psychological damage on other persons, through failure in the future to restrain his or her behaviour,
	(ii) a pattern of persistent aggressive behaviour by the offender, of which the serious personal injury offence forms a part, showing a substantial degree of indifference on the part of the offender respecting the reasonably foreseeable consequences to other persons of his or her behaviour, or
	(iii) any behaviour by the offender, including behaviour associated with the serious personal injury offence, that is of such a brutal nature as to compel the conclusion that the offender's behaviour in the future is unlikely to be inhibited by normal standards of behavioural restraint; or
	(b) that the offender is serving a sentence for a serious personal injury offence described in paragraph (b) of the definition of that expression in section 752 and the offender, by his or her conduct in any sexual matter, including any such conduct involved in the commission of the serious personal injury offence, has shown a failure to control his or her sexual impulses and a likelihood of causing injury, pain or other evil to other persons through failure in the future to control those impulses.
Evidence	(3) The evidence relied on by the court in making a finding under subsection (2) must include evidence that could not reasonably have been presented to the court that sentenced the offender for the serious personal injury offence.
Order	(4) On finding an offender to be a dangerous offender, the court may order that the offender
	(a) be detained in a penitentiary for an indeterminate period; or
	(b) on the expiration of the offender's sentence according to law,
	(i) be detained in a penitentiary for a determinate period and be subsequently released

Bill C-254

Referral for Post-sentence Detention

Suspension of Post-sentence Supervision

Recommitment

CRIMINAL CODE