GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Corrections and Conditional Release Act — C-44.6 134.1
Conditions for long-term supervision 134.1 (1) Subject to subsection (4), every offender who is required to be supervised by a long-term supervision order is subject to the conditions prescribed by subsection 161(1) of the Corrections and Conditional Release Regulations , with such modifications as the circumstances require. Conditions set by Board (2) The Board may establish conditions for the long-term supervision of the offender that it considers reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender. Conditions to protect victim (2.1) If a victim, or a person referred to in subsection 142(3), has provided the Board with a statement describing the harm, property damage or loss suffered by them, as the result of the commission of an offence and its continuing impact on them — including any safety concerns — the Board shall impose any conditions on the long-term supervision of the offender that it considers reasonable and necessary to protect the victim or the person, including a condition that the offender abstain from having any contact, including communication by any means, with the victim or the person or from going to any specified place. Written reasons (2.2) If a statement referred to in subsection (2.1) has been provided to the Board and it decides not to impose any conditions under that subsection, it shall provide written reasons for its decision. For greater certainty (2.3) For greater certainty, if no statement has been provided to the Board, nothing in subsection (2.1) precludes the Board from imposing any condition under subsection (2). Duration of conditions (3) A condition imposed under subsection (2) or (2.1) is valid for the period that the Board specifies. Relief from conditions (4) The Board may, in accordance with the regulations, at any time during the long-term supervision of an offender, (a) in respect of conditions referred to in subsection (1), relieve the offender from compliance with any such condition or vary the application to the offender of any such condition; or (b) in respect of conditions imposed under subsection (2) or (2.1), remove or vary any such condition. Obligation — removal or variance of condition (5) Before removing or varying any condition imposed under subsection (2.1) on an offender, the Board shall take reasonable steps to inform every victim or person who provided it with a statement referred to in that subsection in relation to that offender of its intention to remove or vary the condition and it shall consider their concerns, if any. 1997, c. 17, s. 30; 2015, c. 13, s. 48
Corrections and Conditional Release Act — C-44.6 134.2
Instructions to offenders subject to long-term supervision order 134.2 (1) An offender who is supervised pursuant to a long-term supervision order shall comply with any instructions given by a member of the Board or a person designated, by name or by position, by the Chairperson of the Board or by the Commissioner, or given by the offender’s parole supervisor, respecting any conditions of long-term supervision in order to prevent a breach of any condition or to protect society. (2) [Repealed, 2012, c. 1, s. 88] 1997, c. 17, s. 30; 2012, c. 1, s. 88
Corrections and Conditional Release Act — C-44.6 135
 or statutory release, where the undue risk to society is due to circumstances beyond the offender’s control, or (ii) revoke the parole or statutory release, where the undue risk to society is due to circumstances within the offender’s control. Power not affected by new sentence (8) The Board may exercise its power under subsection (7) notwithstanding any new sentence to which the offender becomes subject after being released on parole or statutory release, whether or not the new sentence is in respect of an offence committed before or after the offender’s release on parole or statutory release. Review by Board (9) Where the Board exercises its power under subsection (7), it shall review its decision at times prescribed by the regulations, at which times it shall either confirm or cancel its decision. Non-application of subsection (1.1) (9.1) Unless the lieutenant governor in council of a province in which there is a provincial parole board makes a declaration under subsection 113(1) that subsection (1.1) applies in respect of offenders under the jurisdiction of that provincial parole board, subsection (1.1) does not apply in respect of such offenders, other than an offender who (a) is serving a sentence in a provincial correctional facility pursuant to an agreement entered into under paragraph 16(1)(a); or (b) as a result of receiving an additional sentence referred to in subsection (1.1), is required, under section 743.1 of the Criminal Code , to serve the sentence in a penitentiary. Parole inoperative (9.2) If an offender to whom subsection (1.1) does not apply, and who is on parole that has not been revoked or terminated, receives an additional sentence that is to be served consecutively with the sentence the offender was serving when the additional sentence was imposed, the parole becomes inoperative and the offender shall be reincarcerated until the day on which the offender has served, from the day on which the additional sentence was imposed, the period of ineligibility in relation to the additional sentence. On that day, the parole is resumed, subject to the provisions of this Act, unless, before that day, the parole has been revoked or terminated. (9.3) to (9.5) [Repealed, 2012, c. 1, s. 89] Continuation of sentence (10) For the purposes of this Part, an offender who is in custody by virtue of this section continues to serve the offender’s sentence. Time at large during suspension (11) For the purposes of this Act, where a suspension of parole or statutory release is cancelled, the offender is deemed, during the period beginning on the day of the issuance of the suspension and ending on the day of the cancellation of the suspension, to have been serving the sentence to which the parole or statutory release applies. 1992, c. 20, s. 135; 1995, c. 22, s. 18, c. 42, ss. 50, 69(E), 70(E); 1997, c. 17, ss. 32(F), 32.1; 2012, c. 1, s. 89, c. 19, s. 529
Corrections and Conditional Release Act — C-44.6 135.1
 supervision; and (c) order the cancellation not to take effect until the expiration of a specified period that ends on a date not later than the end of the ninety days referred to in subsection (2), in order to allow the offender to participate in a program that would help ensure that society is protected from the risk of the offender reoffending. Transmission of cancellation of suspension (9) Where a person referred to in subsection (4) or the Board cancels a suspension under this section, the person or the Board, as the case may be, shall forward a notification of the cancellation of the suspension or an electronically transmitted copy of the notification to the person in charge of the facility in which the offender is being held. 1997, c. 17, s. 33; 2012, c. 1, s. 90
Corrections and Conditional Release Act — C-44.6 136
Warrant for apprehension and recommitment 136 A member of the Board or a person designated, by name or position, by the Chairperson of the Board or the Commissioner may, by warrant, authorize an offender’s apprehension and recommitment to custody if (a) their parole is terminated or revoked or becomes inoperative under subsection 135(9.2); or (b) their statutory release is terminated or revoked or they are no longer entitled to be released on statutory release as a result of a change to their statutory release date under subsection 127(5.1). 1992, c. 20, s. 136; 1995, c. 42, s. 51; 1997, c. 17, s. 33; 2012, c. 1, s. 91
Corrections and Conditional Release Act — C-44.6 137
Execution of warrant 137 (1) A warrant of apprehension issued under section 11.1, 18, 118, 135, 135.1 or 136 or by a provincial parole board, or an electronically transmitted copy of such a 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. Arrest without warrant (2) A peace officer who believes on reasonable grounds that a warrant is in force under this Part or under the authority of a provincial parole board for the apprehension of a person may arrest the person without warrant and remand the person in custody. Where arrest made (3) Where a person has been arrested pursuant to subsection (2), the warrant of apprehension, or an electronically transmitted copy thereof, shall be executed within forty-eight hours after the arrest is made, failing which the person shall be released. 1992, c. 20, s. 137; 1995, c. 42, s. 52; 1997, c. 17, s. 34
Corrections and Conditional Release Act — C-44.6 137.1
Arrest without warrant — breach of conditions 137.1 A peace officer may arrest without warrant an offender who has committed a breach of a condition of their parole, statutory release or unescorted temporary absence, or whom the peace officer finds committing such a breach, unless the peace officer (a) believes on reasonable grounds that the public interest may be satisfied without arresting the person, having regard to all the circumstances including the need to (i) establish the identity of the person, or (ii) prevent the continuation or repetition of the breach; and (b) does not believe on reasonable grounds that the person will fail to report to their parole supervisor in order to be dealt with according to law if the peace officer does not arrest the person. 2012, c. 1, s. 92
Corrections and Conditional Release Act — C-44.6 138
Serving balance of sentence 138 (1) Where the parole or statutory release of an offender is terminated or revoked, the offender shall be recommitted to custody and shall serve the portion of the sentence that remained unexpired on the day on which the parole or statutory release was terminated or revoked. Effect of termination on parole and statutory release (2) An offender whose parole or statutory release has been terminated is (a) eligible for parole in accordance with section 120, 120.1, 120.2 or 120.3, as the case may be; and (b) entitled to be released on statutory release in accordance with section 127. No forfeiture of remission (3) An offender whose parole or statutory release has been terminated is not liable to forfeit (a) any remission with which the offender was credited pursuant to the Prisons and Reformatories Act ; or (b) any credits under the International Transfer of Offenders Act . Effect of revocation on parole (4) An offender whose parole or statutory release has been revoked is eligible for parole in accordance with section 120, 120.1, 120.2 or 120.3, as the case may be. Exception (5) Notwithstanding sections 122 and 123, the Board is not required to conduct a review for the purpose of parole of the case of an offender referred to in subsection (4) within one year after the date on which the offender’s parole or statutory release is revoked. Effect of revocation on statutory release (6) Subject to subsections 130(4) and (6), an offender whose parole or statutory release has been revoked is entitled to be released on statutory release in accordance with subsection 127(5). 1992, c. 20, s. 138; 1995, c. 42, ss. 53, 70(E); 2004, c. 21, s. 40; 2012, c. 1, s. 93
Corrections and Conditional Release Act — C-44.6 139
Multiple sentences 139 (1) For the purposes of the Criminal Code , the Prisons and Reformatories Act , the International Transfer of Offenders Act and this Act, a person who is subject to two or more sentences is deemed to have been sentenced to one sentence beginning on the first day of the first of those sentences to be served and ending on the last day of the last of them to be served. Interpretation (2) This section does not affect the time of commencement, pursuant to subsection 719(1) of the Criminal Code , of any sentences that are deemed under this section to constitute one sentence. 1992, c. 20, s. 139; 1995, c. 22, s. 18, c. 42, s. 54; 2012, c. 1, s. 95
Corrections and Conditional Release Act — C-44.6 140.1
Cancellation of review hearing 140.1 Despite any other provision of this Act, if an offender has, on more than one occasion, refused to attend a review hearing or waived his or her right to a review hearing less than 15 days before the date scheduled for the hearing without providing a reasonable explanation for doing so, the Board may cancel the next review hearing to which the offender would otherwise be entitled to under this Act. 2015, c. 11, s. 5
Corrections and Conditional Release Act — C-44.6 140.2
Transcript 140.2 (1) If a transcript of the hearing has been made, the Board shall, on written request and free of charge, provide a copy to the offender and a copy to the victim or a member of the victim’s family. However, the copy provided to the victim or member of the victim’s family shall not include any portion of the transcript of a part of the hearing that, under subsection 140(5), was or would have been continued in the absence of observers or of a particular observer. Personal information (2) The Board may delete from a copy of the transcript any personal information about a person other than the offender, the victim or a member of the victim’s family. Access to information (3) Information discussed or referred to in the transcript of the hearing are not publicly available for the purposes of the Access to Information Act or the Privacy Act . 2015, c. 11, s. 5
Corrections and Conditional Release Act — C-44.6 141
Disclosure to offender 141 (1) At least fifteen days before the day set for the review of the case of an offender, the Board shall provide or cause to be provided to the offender, in writing, in whichever of the two official languages of Canada is requested by the offender, the information that is to be considered in the review of the case or a summary of that information. Idem (2) Where information referred to in subsection (1) comes into the possession of the Board after the time prescribed in that subsection, that information or a summary of it shall be provided to the offender as soon as is practicable thereafter. Waiver and postponement (3) An offender may waive the right to be provided with the information or summary or to have it provided within the period referred to in subsection (1). If they waive the latter right and they receive information so late that it is not possible for them to prepare for the review, they are entitled to a postponement and a member of the Board or a person designated by name or position by the Chairperson of the Board shall, at the offender’s request, postpone the review for the period that the member or person determines. If the Board receives information so late that it is not possible for it to prepare for the review, a member of the Board or a person designated by name or position by the Chairperson of the Board may postpone the review for any reasonable period that the member or person determines. Exceptions (4) Where the Board has reasonable grounds to believe (a) that any information should not be disclosed on the grounds of public interest, or (b) that its disclosure would jeopardize (i) the safety of any person, (ii) the security of a correctional institution, or (iii) the conduct of any lawful investigation, the Board may withhold from the offender as much information as is strictly necessary in order to protect the interest identified in paragraph (a) or (b). 1992, c. 20, s. 141; 1995, c. 42, s. 56(F); 2012, c. 1, s. 97
Corrections and Conditional Release Act — C-44.6 142
failed to do so. Other persons (3.4) Subsections (3.1) to (3.3) also apply, with any necessary modifications, to a person who has satisfied the Chairperson of the matters referred to in paragraphs (3)(a) and (b). Regulations (4) The manner and form of making requests to the Chairperson under subsection (1) or (2), and how those requests are to be dealt with, may be provided for by the regulations. Designation by Chairperson (5) In this section, “Chairperson” includes a person or class of persons designated, by name or by position, by the Chairperson. 1992, c. 20, s. 142; 1995, c. 22, s. 13, c. 42, ss. 57, 71(F), 72(F); 1997, c. 17, s. 35; 2012, c. 1, s. 98; 2015, c. 13, s. 50
Corrections and Conditional Release Act — C-44.6 143
Records of proceedings 143 (1) Where the Board conducts a review of the case of an offender by way of a hearing, it shall maintain a record of the proceedings for the period prescribed by the regulations. Decisions to be recorded and communicated (2) Where the Board renders a decision with respect to an offender following a review of the offender’s case, it shall (a) record the decision and the reasons for the decision, and maintain a copy of the decision and reasons for the period prescribed by the regulations; and (b) provide the offender with a copy of the decision and the reasons for the decision, in whichever of the two official languages of Canada is requested by the offender, within the period prescribed by the regulations.
Corrections and Conditional Release Act — C-44.6 144
Registry of decisions 144 (1) The Board shall maintain a registry of the decisions rendered by it under this Part or under paragraph 746.1(2)(c) or (3)(c) of the Criminal Code and its reasons for those decisions. Access to registry (2) A person who demonstrates an interest in a case may, on written application to the Board, have access to the contents of the registry relating to that case, other than information the disclosure of which could reasonably be expected (a) to jeopardize the safety of any person; (b) to reveal a source of information obtained in confidence; or (c) if released publicly, to adversely affect the reintegration of the offender into society. Idem (3) Subject to any conditions prescribed by the regulations, any person may have access for research purposes to the contents of the registry, other than the name of any person, information that could be used to identify any person or information the disclosure of which could jeopardize any person’s safety. Idem (4) Notwithstanding subsection (2), where any information contained in a decision in the registry has been considered in the course of a hearing held in the presence of observers, any person may, on application in writing, have access to that information in the registry. 1992, c. 20, s. 144; 2012, c. 1, s. 99
Corrections and Conditional Release Act — C-44.6 144.1
Copy of decision 144.1 At the request of a victim, or a person referred to in subsection 142(3), the Board shall, despite section 144, provide the victim or person with a copy of any decision rendered by it under this Part or under paragraph 746.1(2)(c) or (3)(c) of the Criminal Code in relation to the offender and its reasons for that decision, unless doing so could reasonably be expected (a) to jeopardize the safety of any person; (b) to reveal a source of information obtained in confidence; or (c) to prevent the successful reintegration of the offender into society. 2015, c. 13, s. 51
Corrections and Conditional Release Act — C-44.6 145
Documents admissible 145 A decision, order, warrant or certificate purporting to be signed by a member of the Board or a person designated by the Chairperson of the Board is admissible in any court and is evidence of its contents without proof of the signature or official character of the person appearing to have signed it.
Corrections and Conditional Release Act — C-44.6 146
Constitution of Appeal Division 146 (1) There shall be a division of the Board known as the Appeal Division, consisting of not more than six full-time members — one of whom shall be designated Vice-Chairperson, Appeal Division — and a number of part-time members designated in both cases by the Governor in Council, on the recommendation of the Minister, from among the members appointed under section 103. Disqualification (2) A member of the Appeal Division may not sit on an appeal from a decision in which the member participated. Idem (3) A member of a panel of the Appeal Division that orders a new review of a case pursuant to subsection 147(4) may not sit on the panel of the Board that reviews the case or on a panel of the Appeal Division that subsequently reviews the case on an appeal. 1992, c. 20, s. 146; 2012, c. 1, s. 100
Corrections and Conditional Release Act — C-44.6 147
Right of appeal 147 (1) An offender may appeal a decision of the Board to the Appeal Division on the ground that the Board, in making its decision, (a) failed to observe a principle of fundamental justice; (b) made an error of law; (c) breached or failed to apply a policy adopted pursuant to subsection 151(2); (d) based its decision on erroneous or incomplete information; or (e) acted without jurisdiction or beyond its jurisdiction, or failed to exercise its jurisdiction. Decision of Vice-Chairperson (2) The Vice-Chairperson, Appeal Division, may refuse to hear an appeal, without causing a full review of the case to be undertaken, where, in the opinion of the Vice-Chairperson, (a) the appeal is frivolous or vexatious; (b) the relief sought is beyond the jurisdiction of the Board; (c) the appeal is based on information or on a new parole or statutory release plan that was not before the Board when it rendered the decision appealed from; or (d) at the time the notice of appeal is received by the Appeal Division, the offender has ninety days or less to serve before being released from imprisonment. Time and manner of appeal (3) The time within which and the manner in which a decision of the Board may be appealed shall be as prescribed by the regulations. Decision on appeal (4) The Appeal Division, on the completion of a review of a decision appealed from, may (a) affirm the decision; (b) affirm the decision but order a further review of the case by the Board on a date earlier than the date otherwise provided for the next review; (c) order a new review of the case by the Board and order the continuation of the decision pending the review; or (d) reverse, cancel or vary the decision. Conditions of immediate release (5) The Appeal Division shall not render a decision under subsection (4) that results in the immediate release of an offender from imprisonment unless it is satisfied that (a) the decision appealed from cannot reasonably be supported in law, under the applicable policies of the Board, or on the basis of the information available to the Board in its review of the case; and (b) a delay in releasing the offender from imprisonment would be unfair.
Corrections and Conditional Release Act — C-44.6 148
Head office 148 (1) The head office of the Board shall be located in the National Capital Region as described in the schedule to the National Capital Act , but meetings of the Board or of the Executive Committee of the Board may be held at such times and places as the Chairperson of the Board directs. Regional offices (2) The Board shall maintain at least one regional office at a place determined by the Chairperson, after consultation with the Minister, in each of the following regions of Canada, namely, the Atlantic region, Quebec, Ontario, the Prairie region and the Pacific region.
Corrections and Conditional Release Act — C-44.6 149
Regional divisions 149 (1) There shall be regional divisions of the Board consisting of the members assigned to them, who shall exercise such functions of the Board, under this or any other Act of Parliament, as are designated by the Chairperson of the Board for a region or, where there is more than one regional office in a region, for the portion of a region designated by the Chairperson. Residence (2) Full-time members of the Board assigned to a regional division pursuant to subsection 105(3) shall reside within reasonable commuting distance of the office of that division. Presumption (3) Any act or thing done or any decision rendered by a panel of the Board constituted pursuant to subsection 105(6) is, for the purposes of this Part, an act or thing done or a decision rendered by the Board.