C-489
First Session, Forty-first Parliament,
60-61-62 Elizabeth II, 2011-2012-2013
HOUSE OF COMMONS OF CANADA
BILL C-489
An Act to amend the Criminal Code and the Corrections and Conditional Release Act (restrictions on offenders)
first reading, April 18, 2013
Mr. Warawa
411735
SUMMARY
This enactment amends section 161 of the Criminal Code to require a court to consider making an order prohibiting certain offenders from being within two kilometres of a dwelling house where the victim is present without a parent or guardian and from being in a private vehicle with a person who is under the age of 16 years without the presence of the parent or guardian. It also amends subsection 732.1(2) (probation) to ensure that the offender abstains from communicating with any victim, witness or other person identified in a probation order, or refrains from going to any place specified in the order, except in accordance with certain conditions. It makes similar amendments to section 742.3 (conditional sentence orders) and subsection 810.1(3.02) (conditions of recognizance).
The enactment also amends section 133 of the Corrections and Conditional Release Act to add, as a compulsory condition of the parole, statutory release or unescorted temporary absence of an offender, the condition that the offender abstain from communicating with any victim, witness or other person identified in the order, or refrain from going to any place specified in the order, except in accordance with specified conditions.
Available on the Parliament of Canada Web Site at the following address :http://www.parl.gc.ca
1st Session, 41st Parliament,
60-61-62 Elizabeth II, 2011-2012-2013
house of commons of canada
BILL C-489
An Act to amend the Criminal Code and the Corrections and Conditional Release Act (restrictions on offenders)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-46
CRIMINAL CODE
1. Subsection 161(1) of the Criminal Code is amended by adding the following after paragraph (a):
(a.1) being within two kilometres of a dwelling house where the offender knows or ought to know that the victim is present or can reasonably be expected to be present and that the parent or guardian, or any other person who has the lawful care or charge of that person, is not present;
(a.2) being in a private vehicle with any person under the age of 16 years without the presence of the parent or guardian, or any other person who has the lawful care or charge of that person;
2. (1) Subsection 732.1(2) of the Act is amended by adding the following after paragraph (a):
(a.1) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, or refrain from going to any place specified in the order, except in accordance with the conditions specified in the order that the court considers necessary, unless
(i) the victim, witness or other person gives their consent or, if the victim, witness or other person is a minor, the parent or guardian, or any other person who has the lawful care or charge of them, gives their consent, or
(ii) the court decides that, because of exceptional circumstances, it is not appropriate to impose the condition;
(2) Section 732.1 of the Act is amended by adding the following after subsection (2):
Written reasons
(2.1) If the court makes the decision described in subparagraph (2)(a.1)(ii), it shall provide written reasons for the decision.
3. Section 742.3 of the Act is amended by adding the following after subsection (1):
Abstain from communicating
(1.1) The court shall prescribe, as a condition of a conditional sentence order, that the offender abstain from communicating, directly or indi- rectly, with any victim, witness or other person identified in the order, or refrain from going to any place specified in the order, except in accordance with the conditions specified in the order that the court considers necessary, unless
(a) the victim, witness or other person gives their consent or, if the victim, witness or other person is a minor, the parent or guardian, or any other person who has the lawful care or charge of them, gives their consent; or
(b) the court decides that, because of exceptional circumstances, it is not appropriate to impose the condition.
Written reasons
(1.2) If the court makes the decision described in paragraph (1.1)(b), it shall provide written reasons for the decision.
4. (1) Subsection 810.1(3.02) of the Act is amended by adding the following after paragraph (b):
(b.1) prohibit the defendant from communicating, directly or indirectly, with any person identified in the recognizance, or refrain from going to any place specified in the recognizance, except in accordance with the conditions specified in the recognizance that the judge considers necessary unless
(i) the person gives their consent or, if the person is a minor, the parent or guardian, or any other person who has the lawful care or charge of the person, gives their consent, or
(ii) the judge decides that, because of exceptional circumstances, it is not appropriate to impose the condition;
(2) Section 810.1 of the Act is amended by adding the following after subsection (3.02):
Written reasons
(3.021) If the judge makes the decision described in subparagraph (3.02)(b)(ii), he or she shall provide written reasons for the decision. 
1992, c. 20
CORRECTIONS AND CONDITIONAL RELEASE ACT
5. Section 133 of the Corrections and Conditional Release Act is amended by adding the following after subsection (3):
Distance from victim
(3.1) The releasing authority shall impose, as a condition of the parole, statutory release or unescorted temporary absence of an offender, the condition that the offender abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, or refrain from going to any place specified in the order, except in accordance with the conditions specified in the order that the releasing authority considers necessary, unless
(a) the victim, witness or other person gives their consent or, if the victim, witness or other person is a minor, the parent or guardian, or any other person who has the lawful care or charge of them, gives their consent; or
(b) the releasing authority decides that, because of exceptional circumstances, it is not appropriate to impose the condition.
Written reasons
(3.2) If the releasing authority makes the decision described in paragraph (3.1)(b), it shall provide written reasons for the decision.
Published under authority of the Speaker of the House of Commons