Short Title
Criminal Code
Corrections and Conditional Release Act
Related and Consequential Amendments
National Defence Act
Crimes Against Humanity and War Crimes Act
International Transfer of Offenders Act
Coordinating Amendments
Coming Into Force
First Session, Forty-second Parliament,
64-65 Elizabeth II, 2015-2016
HOUSE OF COMMONS OF CANADA
BILL C-229
An Act to amend the Criminal Code and the Corrections and Conditional Release Act and to make related and consequential amendments to other Acts (life sentences)
FIRST READING, FEBRUARY 24, 2016
Mr. Liepert
421152
SUMMARY
This enactment amends the Criminal Code to make a life sentence of imprisonment without eligibility for parole mandatory for high treason and for planned and deliberate murders that are referred to in subsection 231(4), (5) or (6.‍01) of that Act or in which the accused’s behaviour, associated with the offence, is of such a brutal nature as to compel the conclusion that the accused’s behaviour in the future is unlikely to be inhibited by normal standards of behavioural restraint.
The enactment also amends the Criminal Code to give a judge the discretion to impose a life sentence of imprisonment without eligibility for parole for any other first degree murder and for any second degree murder if the accused was previously convicted either of murder or of an offence referred to in section 4 or 6 of the Crimes Against Humanity and War Crimes Act that had as its basis an intentional killing. The enactment provides that the court’s decision is to be based on the accused’s age and character, the nature of the offence, the circumstances surrounding its commission and any jury recommendation.
The enactment also amends the Corrections and Conditional Release Act to allow an offender who is sentenced to life without parole to apply for executive release after serving 35 years of their sentence. Executive release is granted or denied by the Governor in Council.
Finally, the enactment makes related and consequential amendments to the National Defence Act, the Crimes Against Humanity and War Crimes Act and the International Transfer of Offenders Act.
Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca
1st Session, 42nd Parliament 
64-65 Elizabeth II, 2015-2016
HOUSE OF COMMONS OF CANADA
BILL C-229
An Act to amend the Criminal Code and the Corrections and Conditional Release Act and to make related and consequential amendments to other Acts (life sentences)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Short title
1 This Act may be cited as the Life Means Life Act.
R.‍S.‍, c. C-46
Criminal Code
2 Paragraph (b) of the definition sentence in section 673 of the Criminal Code is replaced by the following:
(b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.‍2(1) or 194(1), section 259, 261 or 462.‍37, subsection 491.‍1(2), 730(1) or 737(3) or section 738, 739, 742.‍1, 742.‍3, 743.‍6, 745.‍31, 745.‍4 or 745.‍5,
3 Section 675 of the Act is amended by adding the following after subsection (2.‍2):
Appeal against ineligibility for parole
(2.‍21) A person who has been convicted of a murder described in paragraph 744.‍1(1)‍(b) and sentenced to imprisonment for life without eligibility for parole may appeal to the court of appeal against the finding that the murder is one described in any of subparagraphs 744.‍1(1)‍(b)‍(i) to (iv).
Appeal against section 745.‍31 order
(2.‍22) A person against whom an order under section 745.‍31 has been made may appeal to the court of appeal against the order.
4 Subsection 676(6) of the Act is replaced by the following:
Appeal relating to eligibility for parole
(5.‍1) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against the finding that the murder is not one described in any of subparagraphs 744.‍1(1)‍(b)‍(i) to (iv).
Appeal against decision not to make order — section 745.‍31 or subsection 745.‍51(1)
(6) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against the decision of the court not to make an order under section 745.‍31 or subsection 745.‍51(1).
5 Subsection 727(5) of the Act is replaced by the following:
Section does not apply
(5) This section does not apply to a person referred to in paragraph 745(b) or (b.‍1).
6 The Act is amended by adding the following before section 745:
Life imprisonment without parole
744.‍1 (1) Subject to section 745.‍1, an accused who is convicted of any of the following offences shall be sentenced to imprisonment for life without eligibility for parole:
(a) high treason; or
(b) murder that is planned and deliberate
(i) in which the victim is described in any of paragraphs 231(4)‍(a) to (c),
(ii) in which the death is caused by the accused while committing or attempting to commit an offence under one of the sections referred to in any of paragraphs 231(5)‍(a) to (f),
(iii) in which the death is caused by the accused while committing or attempting to commit an indictable offence under this or any other Act of Parliament where the act or omission constituting the offence also constitutes a terrorist activity, or
(iv) in which the accused’s behaviour, associated with the offence, is of such a brutal nature as to compel the conclusion that the accused’s behaviour in the future is unlikely to be inhibited by normal stand­ards of behavioural restraint.
Notice
(2) A prosecutor who intends to apply to have an accused sentenced to imprisonment for life without eligibility for parole for a murder described in paragraph (1)‍(b) shall provide the accused with notice of their intention to do so before the accused enters a plea.
For greater certainty
(3) For greater certainty, for the purposes of subparagraph (1)‍(b)‍(iv), if the jury specifies under paragraph 745.‍001(e) that the accused’s behaviour, associated with the offence, is of a brutal nature, the judge shall determine if the accused’s behaviour, associated with the offence, is of such a brutal nature as to compel the conclusion that the accused’s behaviour in the future is unlikely to be inhibited by normal standards of behavioural restraint.
7 Paragraphs 745(a) to (c) of the Act are replaced by the following:
(a) in respect of a person who has been convicted of first degree murder other than first degree murder described in paragraph 744.‍1(1)‍(b), that the person be sentenced to imprisonment for life without eligibility for parole until the person has served 25 years of the sentence, unless the judge referred to in section 745.‍31 orders under that section that the person be sentenced to imprisonment for life without eligibility for parole;
(b) in respect of a person who has been convicted of second degree murder and who has previously been convicted of culpable homicide that is murder, however described in this Act, that the person be sentenced to imprisonment for life without eligibility for parole until the person has served 25 years of the sentence, unless the judge referred to in section 745.‍31 orders under that section that the person be sentenced to imprisonment for life without eligibility for parole;
(b.‍1) in respect of a person who has been convicted of second degree murder and who has previously been convicted of an offence under section 4 or 6 of the Crimes Against Humanity and War Crimes Act that had as its basis an intentional killing, whether or not it was planned and deliberate, that the person be sentenced to imprisonment for life without eligibility for parole until the person has served 25 years of the sentence, unless the judge referred to in section 745.‍31 orders under that section that the person be sentenced to imprisonment for life without eligibility for parole;
(c) in respect of a person who has been convicted of second degree murder other than second degree murder described in paragraph (b) or (b.‍1), that the person be sentenced to imprisonment for life without eligibility for parole until the person has served at least 10 years of the sentence or any greater number of years, not being more than 25, that has been substituted under section 745.‍4; and
8 The Act is amended by adding the following after section 745:
Instruction to jury
745.‍001 If an accused is charged with murder and is provided with notice under subsection 744.‍1(2) or 745.‍31(2), the judge presiding at the trial of the accused shall, before the jury retires to consider its verdict, instruct the jury that, if they find the accused guilty of the murder, they must specify to the judge, when they render their verdict,
(a) whether the murder was planned and deliberate;
(b) if evidence was presented at the trial to establish that the victim was a person described in any of paragraphs 231(4)‍(a) to (c), whether the victim was such a person;
(c) if evidence was presented at the trial to establish that the death was caused by the accused while committing or attempting to commit an offence under one of the sections referred to in any of paragraphs 231(5)‍(a) to (f), whether the death was so caused;
(d) if evidence was presented at the trial to establish that the death was caused by the accused while committing or attempting to commit an indictable offence under this or any other Act of Parliament where the act or omission constituting the offence also constituted a terrorist activity, whether the death was so caused; and
(e) if the murder was planned and deliberate and evidence was presented at the trial to establish that the accused’s behaviour, associated with the offence, was of a brutal nature, whether the behaviour was of a brutal nature.
9 Section 745.‍2 of the Act is replaced by the following:
Recommendation by jury
745.‍2 Subject to section 745.‍3, if a jury finds an accused guilty of second degree murder, other than second degree murder described in paragraph 745(b) or (b.‍1), the judge presiding at the trial shall, before discharging the jury, put to them the following question:
You have found the accused guilty of second degree murder and the law requires that I now pronounce a sentence of imprisonment for life against the accused. Do you wish to make any recommendation with respect to the number of years that the accused must serve before the accused is eligible for release on parole? You are not required to make any recommendation but if you do, your recommendation will be considered by me when I am determining whether I should substitute for the 10-year period, which the law would otherwise require the accused to serve before the accused is eligible to be considered for release on parole, a number of years that is more than 10 but not more than 25.
10 Section 745.‍21 of the Act is amended by adding the following after subsection (2):
Non-application
(3) Subsection (1) does not apply in respect of an accused who has been sentenced to imprisonment for life without eligibility for parole for a murder for which they were previously convicted.
11 The Act is amended by adding the following after section 745.‍3:
Order — no eligibility for parole
745.‍31 (1) At the time of sentencing under section 745 of an accused who is convicted of a first degree murder described in paragraph 745(a) or of a second degree murder described in paragraph 745(b) or (b.‍1), the judge who presided at the trial of the accused or, if that judge is unable to do so, any judge of the same court, may on application of the prosecutor and having regard to the age and character of the accused, the nature of the offence and the circumstances surrounding its commission, and to any recommendation made under section 745.‍32, by order, decide that the accused is to serve a sentence of imprisonment for life without eligibility for parole.
Notice
(2) A prosecutor who intends to make an application referred to in subsection (1) shall provide the accused with notice of their intention to do so before the accused enters a plea.
Recommendation by jury
745.‍32 If a jury finds an accused guilty of first degree murder described in paragraph 745(a) or of second degree murder described in paragraph 745(b) or (b.‍1), the judge who presided at the trial shall, before discharging the jury, put to them the following question:
You have found the accused guilty of first degree murder (or second degree murder) and the law requires that I now pronounce a sentence of imprisonment for life against the accused. Do you wish to make any recommendation with respect to whether the accused should be sentenced to life imprisonment without eligibility for parole? You are not required to make a recommendation but if you do, I will consider your recommendation.
12 Section 745.‍4 of the Act is replaced by the following:
Order — period of ineligibility for parole
745.‍4 Subject to section 745.‍5, at the time of the sentencing under section 745 of an accused who is convicted of second degree murder, other than second degree murder described in paragraph 745(b) or (b.‍1), the judge who presided at the trial of the accused or, if that judge is unable to do so, any judge of the same court, may, having regard to the character of the accused, the nature of the offence and the circumstances surrounding its commission, and to any recommendation made under section 745.‍2, by order, substitute for 10 years a number of years of imprisonment (being more than 10 but not more than 25) without eligibility for parole, as the judge considers fit in the circumstances.
13 Section 745.‍51 of the Act is amended by adding the following after subsection (3):
Non-application
(4) Subsection (1) does not apply in respect of an offender who has been sentenced to imprisonment for life without eligibility for parole for a murder for which they were previously convicted.
14 The Act is amended by adding the following after section 746.‍1:
Absence with escort
747 In respect of an offender who has been sentenced to imprisonment for life without eligibility for parole,
(a) no absence without escort may be authorized under the Corrections and Conditional Release Act or the Prisons and Reformatories Act; and
(b) no absence with escort may be authorized under those Acts for any reason other than
(i) medical reasons or in order to attend judicial proceedings or a coroner’s inquest, or
(ii) administrative or compassionate reasons, community service, personal development for rehabilitative purposes or family contact, including parental responsibilities, on condition that the absence is approved by the Parole Board of Canada and that the offender has served 35 years of their sentence.
1992, c. 20
Corrections and Conditional Release Act
15 Subparagraph (b)‍(i) of the definition offender in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:
(i) by reason of parole, statutory release or executive release granted under section 156.‍11,
16 The portion of subsection 17(1) of the Act before paragraph (a) is replaced by the following:
Temporary absences may be authorized
17 (1) The institutional head may, subject to sections746.‍1and 747 of the Criminal Code, subsection 226.‍1(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act, author-ize the temporary absence of an inmate, other than an inmate described in subsection 17.‍1(1), if the inmate is escorted by a staff member or other person authorized by the institutional head and, in the opinion of the institutional head,
17 The Act is amended by adding the following after section 156:
PART II.‍1
EXECUTIVE RELEASE
Interpretation
Definitions
156.‍01 The following definitions apply in this Part.
Board means the Parole Board of Canada referred to in section 103. (Commission)
Commissioner has the same meaning as in Part I. (commissaire)
institutional head has the same meaning as in Part I. (Version anglaise seulement)
Minister has the same meaning as in Part I. (ministre)
offender means a person on whom a sentence is imposed. (délinquant)
parole supervisor has the same meaning as in Part II. (surveillant de liberté conditionnelle)
penitentiary has the same meaning as in Part I. (pénitencier)
prescribed means prescribed by regulation. (Version anglaise seulement)
sentence means a sentence of imprisonment for life without eligibility for parole and includes such a sentence that is imposed by a foreign entity on a Canadian who has been transferred to Canada under the International Transfer of Offenders Act. (peine)
Service has the same meaning as in Part I. (Service)
victim has the same meaning as in Part I. (victime)
Application
Application for executive release
156.‍02 (1) An offender may make an application in writing to the Minister for executive release after the offender has served 35 years of their sentence.
Power to direct assessment by Board
(2) On the receipt of an application the Minister may direct the Board to assess the offender’s case under section 156.‍03.
Board’s Assessment
Assessment of offender’s case
156.‍03 (1) If the Minister directs an assessment of the offender’s case, the Board shall, within the prescribed period, assess whether
(a) the offender will, by reoffending, present an undue risk to society; and
(b) the release of the offender will contribute to the protection of society by facilitating the successful reintegration of the offender into society as a law-abiding citizen.
Service to provide information to Board
(2) The Service shall provide the Board with all the information under its control that is relevant to the Board’s assessment of the offender’s case.
Request for information by Board
(3) At the Board’s request, the Service shall take all reasonable steps to provide the Board with any additional information under its control that is relevant to its assessment of the offender’s case.
Disclosure of information
156.‍04 (1) In the period prescribed for assessing the offender’s case, the Board shall provide to the offender, in writing, in whichever official language the offender requests, the information that is to be considered in the assessment or a summary of it and shall notify the Service that it has done so.
Right to interpreter
(2) An offender who does not have an adequate understanding of either official language is entitled to the as-sistance of an interpreter for the purpose of understanding the information provided to the offender under subsection (1).
Exceptions
(3) The Board may withhold from the offender as much information as is strictly necessary to protect the interest identified in paragraph (a) or (b) if 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 penitentiary or provincial correctional facility, or
(iii) the conduct of any lawful investigation.
Representations
156.‍05 In assessing the offender’s case, the Board shall provide the offender with a reasonable opportunity to make representations in writing.
Report of assessment
156.‍06 (1) On the completion of its assessment of the offender’s case, the Board shall prepare a report on the assessment and provide it to the Minister.
Copy of report to offender and Service
(2) The Board shall provide a copy of the report to the offender, in whichever official language the offender requests, and to the Service.
Minister’s Review
Review of application
156.‍07 (1) The Minister shall review the offender’s application for executive release on receipt of the Board’s report on the assessment or, if the Minister has not, under subsection 156.‍02(2), directed the Board to assess the offender’s case, on receipt of the offender’s application.
Service to provide Minister with information
(2) The Service shall provide the Minister with the following information:
(a) if the Minister directs the Board to assess the offender’s case, the information that the Service provided the Board with under subsection 156.‍03(2) or (3) and any other information under its control that is relevant to the Minister’s review of the application; or
(b) if the Minister does not direct the Board to assess the offender’s case, the information that the Service would have provided the Board with under subsection 156.‍03(2) if the Minister had directed the Board to assess the offender’s case and any other information under its control that is relevant to the Minister’s review of the application.
Purpose and objectives of sentencing
(3) In reviewing the application, the Minister shall assess whether the fundamental purpose and the objectives of sentencing have been met by the portion of the sentence that the offender has served, taking into account the following criteria:
(a) the character of the offender;
(b) the offender’s conduct while serving the sentence;
(c) whether the offender has accepted responsibility for the offence for which they have been convicted, including by acknowledging the harm done to victims and to the community;
(d) the nature of the offence for which the offender was convicted and the circumstances surrounding its commission; and
(e) any statement presented by the victim at the time of sentencing and any statements presented by the victim or a person referred to in subsection 156.‍12(3) to the Minister with respect to the application.
Humanitarian and compassionate reasons
(4) The Minister shall also assess if there are humanitarian or compassionate reasons for granting executive release, including the following reasons:
(a) the offender is terminally ill;
(b) the offender’s physical or mental health is likely to suffer serious damage if the offender continues to be held in confinement; and
(c) the offender is one for whom continued confinement would constitute an excessive hardship that was not reasonably foreseeable at the time the offender was sentenced.
Service to provide offender with information
156.‍08 (1) When the Service provides the Minister with information under subsection 156.‍07(2), it shall provide the offender with that information, or a summary of it — other than the information that the Board provided the offender with under section 156.‍04 — in writing, in whichever official language the offender requests.
Right to interpreter
(2) An offender who does not have an adequate understanding of either official language is entitled to the as-sistance of an interpreter for the purpose of understanding the information provided to the offender under subsection (1).
Exceptions
(3) The Service may withhold from the offender as much information as is strictly necessary to protect the interest identified in any of paragraphs (a) to (c) if it has reasonable grounds to believe the disclosure of the information would jeopardize
(a) the safety of any person;
(b) the security of a penitentiary or provincial correctional facility; or
(c) the conduct of any lawful investigation.
Representations and statements
156.‍09 In reviewing the application, the Minister shall provide
(a) the offender with a reasonable opportunity to make representations in writing;
(b) the victim with a reasonable opportunity to present a statement describing the harm, property damage or loss suffered by them as a result of the commission of the offence and its continuing impact on them — including any safety concerns — and commenting on the possible release of the offender; and
(c) any person referred to in subsection 156.‍12(3) with a reasonable opportunity to present a statement describing the harm, property damage or loss suffered by them as a result of any act of the offender in respect of which a complaint was made to the police or Crown attorney or an information was laid under the Criminal Code, and its continuing impact on them — including any safety concerns — and commenting on the possible release of the offender.
Report on review
156.‍1 (1) On the completion of the Minister’s review of the offender’s application for executive release, the Minister shall prepare a report on the review.
Application referred to Governor in Council
(2) Once the report is completed, the Minister shall refer the application to the Governor in Council for a decision and shall include with the application his or her report, the representations made by the offender and any statements presented by the victim or a person referred to in subsection 156.‍12(3).
Governor in Council’s Decision
Order in council
156.‍11 (1) The Governor in Council shall, on the recommendation of the Minister, by order, grant the executive release or deny the offender’s application for executive release that was referred to it by the Minister.
Copy of order to offender
(2) The Minister shall provide a copy of the order to the offender.
New application
(3) If the Governor in Council denies the offender’s application, the offender may re-apply for executive release after the expiry of five years after the day on which the order was made.
Disclosure of Information to Victims and Other Persons
Disclosure of information to victim
156.‍12 (1) At the request of a victim of an offence committed by an offender, the Chairperson of the Board or the Commissioner, as the case may be,
(a) shall disclose to the victim the following information about the offender:
(i) that the Minister is to review the offender’s application for executive release under section 156.‍07, and
(ii) the date of any hearing in respect of the suspension, termination or revocation of the offender’s executive release under section 156.‍21; and
(b) may disclose to the victim any of the following information about the offender if, in the opinion of the Chairperson or the Commissioner, as the case may be, the interest of the victim in the disclosure clearly outweighs any invasion of the offender’s privacy that could result from the disclosure:
(i) the date, if any, on which the offender is to be released on escorted temporary absence or on executive release,
(ii) any of the conditions attached to an offender’s executive release or escorted temporary absence and the reasons for the escorted temporary absence, and
(iii) the destination of the offender when released on executive release and whether the offender will be in the vicinity of the victim while travelling to that destination.
Timing of disclosure
(1.‍1) The Chairperson or the Commissioner, as the case may be, shall disclose to the victim the information referred to in paragraph (1)‍(c) before the day on which the offender is released and, unless it is not feasible to do so, the Commissioner shall disclose it at least 14 days before that day.
Continuing duty to disclose
(1.‍2) The Chairperson or the Commissioner, as the case may be, shall disclose to the victim any changes to the information referred to in paragraphs (1)‍(a) to (c) that he or she disclosed.
Transfer to provincial correctional facility
(2) If an offender has been transferred from a penitentiary to a provincial correctional facility, the Chairperson or the Commissioner, as the case may be, may, at the request of a victim, disclose to the victim the name of the province in which the provincial facility is located if, in the opinion of the Chairperson or the Commissioner, as the case may be, the interest of the victim in the disclosure clearly outweighs any invasion of the offender’s privacy that could result from the disclosure.
Disclosure of information to victim — removal
(2.‍1) At the request of a victim, the Commissioner may disclose to the victim that the offender has been removed from Canada under the Immigration and Refugee Protection Act if, in the Commissioner’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.
Access to photograph
(2.‍2) At the request of a victim, the Commissioner shall provide the victim with access to a photograph of the offender taken when the offender is released on executive release — and any subsequent photograph of the offender taken by the Service — if, in the Commissioner’s opinion, to do so would not have a negative impact on the safety of the public.
Disclosure of information to other persons
(3) Subsections (1) to (2.‍2) also apply, with any modifications that the circumstances require, to a person who satisfies the Chairperson or the Commissioner, as the case may be,
(a) that the person suffered physical or emotional harm, property damage or economic loss, as the result of an act of an offender, whether or not the offender was prosecuted or convicted for that act; and
(b) that a complaint was made to the police or the Crown attorney, or an information was laid under the Criminal Code, in respect of that act.
Representative
(3.‍1) A victim may designate a representative to whom the information referred to in subsections (1) to (2.‍2) is to be disclosed on the victim’s behalf. In that case, the victim shall provide the Chairperson or the Commissioner, as the case may be, with the representative’s contact information.
Withdrawal of request
(3.‍2) A victim who has made a request referred to in subsection (1), (2), (2.‍1) or (2.‍2) may inform the Chairperson or the Commissioner, as the case may be, in writing that they no longer want the information to be disclosed to them. In that case, the Chairperson or the Commissioner, as the case may be, shall not contact them or their representative, if any, unless the victim subsequently makes the request again.
Request considered withdrawn
(3.‍3) The Chairperson or the Commissioner, as the case may be, may consider a victim to have withdrawn a request referred to in subsection (1), (2), (2.‍1) or (2.‍2) if he or she has made reasonable efforts to contact the victim and has 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 or the Commissioner, as the case may be, of the matters referred to in paragraphs (3)‍(a) and (b).
Definition of Chairperson
(4) In this section, Chairperson includes a person or class of persons designated, by name or by position, by the Chairperson.
Board’s Jurisdiction
Jurisdiction
156.‍13 For the purposes of this Part and subject to the Prisons and Reformatories Act, the International Transfer of Offenders Act, the National Defence Act, the Crimes Against Humanity and War Crimes Act and the Criminal Code, the Board has exclusive jurisdiction and absolute discretion
(a) to relieve the offender from compliance with any condition referred to in subsection 156.‍14(1) or vary the application to the offender of any such condition;
(b) to impose, remove or vary any condition referred to in subsection 156.‍14(2) or (3);
(c) to terminate or revoke an offender’s executive release, whether or not the offender is in custody under a warrant of apprehension issued as a result of a suspension of the executive release;
(d) to cancel the termination or revocation of an offender’s executive release; and
(e) to approve an absence with escort for the reasons referred to in subparagraph 747(b)‍(ii) of the Criminal Code.
Conditions on Executive Release
Conditions for executive release
156.‍14 (1) Subject to subsection (5), every offender who is granted executive release under section 156.‍11 is subject to the conditions prescribed by subsection 161(1) of the Corrections and Conditional Release Regulations, with any modifications that the circumstances require.
Conditions set by Board
(2) The Board may impose any conditions on the executive release of an offender that it considers reasonable and necessary to protect society and to facilitate the offender’s successful reintegration into society. For greater certainty, the conditions may include any condition regarding the offender’s use of drugs or alcohol, including in cases when that use has been identified as a risk factor in the offender’s criminal behaviour.
Residence requirement
(3) If, in the opinion of the Board, the circumstances justify it, the Board may require an offender, as a condition of the executive release, to reside in a community residential facility.
Definition of community residential facility
(4) In subsection (3), community residential facility means a place that provides accommodation to an offender who is on executive release and includes a community correctional centre but does not include any other penitentiary.
Consent of Commissioner
(5) A condition imposed under subsection (3) that an offender reside in a community correctional centre is valid only if consented to in writing by the Commissioner or a person designated, by name or by position, by the Commissioner.
Duration of conditions
(6) A condition imposed under subsection (2) or (3) is valid for the period that the Board specifies.
Relief from conditions
(7) The Board may, in accordance with the regulations, before an offender is released on executive release,
(a) relieve the offender from compliance with any condition referred to in subsection (1) or vary the application to the offender of any such condition; or
(b) remove or vary a condition imposed under subsection (2) or (3).
Instructions
156.‍15 An offender who has been granted executive release shall comply with any instructions given by a Board member or a person designated, by name or by position, by the Chairperson of the Board or the Commissioner, or given by the institutional head, or by the offender’s parole supervisor, respecting any conditions of the release in order to prevent a breach of any such condition or to protect society.
Suspension, Termination or Revocation of Executive Release
Suspension, Termination or Revocation
Suspension
156.‍16 (1) A Board member, or a person designated by name or by position by the Chairperson of the Board or the Commissioner, may, when an offender breaches a condition of their executive release or when the member or person is satisfied that it is necessary and reasonable to suspend the executive release in order to prevent a breach of any condition of that release or to protect society, by warrant,
(a) suspend the release;
(b) authorize the apprehension of the offend­er; and
(c) authorize the recommitment of the offend­er to custody until the suspension is cancelled or the release is terminated or revoked.
Transfer of offender
(2) A person designated under subsection (1) may, by warrant, order the transfer to a penitentiary of the offender who is recommitted to custody under subsection (1) in a place other than a penitentiary.
Cancellation of suspension or referral
(3) The person who signs a warrant referred to in subsection (1) or any other person designated under that subsection shall, immediately after the recommitment of the offender, review the offender’s case and within 30 days after the recommitment or any shorter period that the Board directs, cancel the suspension or refer the case to the Board together with an assessment of the case stating the conditions, if any, under which the offender could in that person’s opinion reasonably resume their executive release.
Review by Board
(4) The Board shall, on the referral to it of the offender’s case, review the case and, within the prescribed period, unless at the offender’s request the review is adjourned by the Board or is postponed by a Board member or by a person designated by the Chairperson by name or position,
(a) if the Board is satisfied that the offender will, by reoffending, present an undue risk to society,
(i) terminate the executive release if the undue risk is due to circumstances beyond the offender’s control, and
(ii) revoke it in any other case; or
(b) if the Board is not so satisfied, cancel the suspension.
Terms of cancellation
(5) If, in the Board’s opinion, it is necessary and reasonable to do so to protect society or to facilitate the successful reintegration of the offender into society, the Board, when it cancels a suspension of the offender’s executive release, may
(a) reprimand the offender in order to warn the offender of the Board’s dissatisfaction with the offender’s behaviour since executive release;
(b) vary the conditions of executive release; and
(c) order that the cancellation is not to take effect until the expiry of a specified period of not more than 30 days after the day on which the Board makes its decision, if the offender’s failure to comply with a condition of the executive release constitutes at least the second such failure that led to a suspension of the release during the offender’s sentence.
Transmission of cancellation of suspension
(6) If a person referred to in subsection (3) 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.
Additional power of Board
(7) Independently of subsections (1) to (6), if the Board is satisfied that the continued executive release of an offender would constitute an undue risk to society by reason of the offender reoffending, the Board may, at any time,
(a) terminate the executive release, if the undue risk is due to circumstances beyond the offender’s control; or
(b) revoke it in any other case.
Confirmation or cancellation of Board’s decision
(8) The Board shall, within the prescribed period, either confirm or cancel its decision under subsection (7).
Warrant for apprehension and recommitment
156.‍17 A Board member, 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 the offender’s executive release is terminated or revoked under subsection 156.‍16(7).
Execution of warrant
156.‍18 (1) A warrant of apprehension issued under section 156.‍16 or 156.‍17, 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 for the apprehension of a person may arrest the person without warrant and remand the person in custody.
Period for executing arrest warrant
(3) If a person is arrested under subsection (2), the warrant of apprehension, or an electron­ically transmitted copy of it, shall be executed within 48 hours after the arrest is made, failing which the person shall be released.
Arrest without warrant — breach of conditions
156.‍19 A peace officer may arrest without warrant an offender who has committed a breach of a condition of their executive release, 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) believes on reasonable grounds that the person will not fail to report to their parole supervisor to be dealt with according to law if the peace officer does not arrest the person.
Effect of termination or revocation
156.‍2 (1) If an offender’s executive release is terminated or revoked, the offender shall be recommitted to custody and shall continue to serve their sentence.
Re-application after termination or revocation
(2) An offender whose executive release has been terminated or revoked may make a new application for executive release under section 156.‍02 after the expiry of one year after the day on which the offender’s executive release is terminated or of five years after the day on which it is revoked, as the case may be.
Hearings
Power to hold hearings
156.‍21 (1) The Board may review an offend­er’s case in respect of the suspension, termination or revocation of the offender’s executive release by way of a hearing conducted in whichever official language the offender requests.
Observers
(2) Subject to subsections (3) and (3.‍1), the Board or a person designated, by name or by position, by the Chairperson of the Board shall, subject to any conditions that the Board or person considers appropriate and after taking into account the offender’s views, permit a person who applies in writing to attend as an observer at a hearing relating to an offender, unless the Board or person is satisfied that
(a) the hearing is likely to be disrupted or the ability of the Board to consider the matter before it is likely to be adversely affected by the presence of that person or of that person in conjunction with other persons who have applied to attend the hearing;
(b) the person’s presence is likely to adversely affect those who have provided information to the Board, including victims, members of a victim’s family or members of the offender’s family;
(c) the person’s presence is likely to adversely affect an appropriate balance between that person’s or the public’s interest in knowing and the public’s interest in the successful reintegration of the offender into society; or
(d) the security and good order of the institution in which the hearing is to be held is likely to be adversely affected by the person’s presence.
Exclusion of observers
(3) If in the course of a hearing the Board concludes that any of the situations described in subsection (2) exist, it may decide to continue the hearing in the absence of observers or of a particular observer.
Attendance by victim or member of their family
(3.‍1) In determining whether to permit a victim or a member of the victim’s family to attend as an observer at a hearing, the Board or its designate shall make every effort to fully understand the need of the victim and of the members of his or her family to attend the hearing and witness its proceedings. The Board or its designate shall permit a victim or a member of his or her family to attend as an observer unless satisfied that the presence of the victim or family member would result in a situation described in any of paragraphs (2)‍(a) to (d).
Attendance not permitted
(3.‍2) If the Board or its designate decides under subsection (3.‍1) to not permit a victim or a member of his or her family to attend a hearing, the Board shall provide for the victim or family member to observe the hearing by any means that the Board considers appropriate.
Assistance to offender
(4) The Board shall permit the offender, in the course of a hearing, to be assisted by a person of the offender’s choice unless the Board would not permit the presence of that person as an observer under subsection (2).
Role of assistant
(5) A person referred to in subsection (4) is entitled
(a) to be present at the hearing at all times when the offender is present;
(b) to advise the offender throughout the hearing; and
(c) to address, on behalf of the offender, the members of the Board conducting the hearing at times they consider to be conducive to the effective conduct of the hearing.
Right to interpreter
(6) An offender who does not have an adequate understanding of either official language is entitled to the as-sistance of an interpreter at the hearing and for the purpose of understanding any information provided to the offender under section 156.‍22.
Presentation of statements
(7) If they are attending a hearing as an observer,
(a) a victim may present a statement describing the harm, property damage or loss suffered by them as a result of the commission of the offence and its continuing impact on them — including any safety concerns — and commenting on the possible release of the offender; and
(b) a person referred to in subsection 156.‍12(3) may present a statement describing the harm, property damage or loss suffered by them as a result of any act of the offender in respect of which a complaint was made to the police or Crown attorney or an information was laid under the Criminal Code, and its continuing impact on them — including any safety concerns — and commenting on the possible release of the offender.
Consideration of statement
(7.‍1) The Board shall, in deciding whether the offender should resume their executive release and what conditions might be applicable to the release, take into consideration any statement that has been presented in accord-ance with paragraph (7)‍(a) or (b).
Statements presented in absence of person
(8) If a victim or a person referred to in subsection 156.‍12(3) is not attending a hearing, their statement may be presented at the hearing in the form of a written statement, which may be accompanied by an audio or video recording, or in any other prescribed form.
Delivery of statement in writing
(9) A victim or a person referred to in subsection 156.‍12(3) shall, before the hearing, deliver to the Board a transcript of the statement that they plan to present under subsection (7) or (8).
Access to information
(10) If an observer has been present during a hearing, any information or documents discussed or referred to during the hearing shall not for that reason alone be considered to be publicly available for purposes of the Access to Information Act or the Privacy Act.
Disclosure of Information
Period for providing information
156.‍22 (1) At least 15 days before the day set for the review of the offender’s case in respect of the suspension, termination or revocation of the offender’s executive release, the Board shall provide or cause to be provided to the offender, in writing, in whichever official language the offender requests, the information that is to be considered in the review of the case or a summary of it.
Information received late
(2) If information referred to in subsection (1) comes into the Board’s possession in the 15 days before the day set for the hearing, it shall provide the information or a summary of it to the offender as soon as possible.
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) The Board may withhold from the offender as much information as is strictly necessary to protect the interest identified in paragraph (a) or (b) if 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 penitentiary or provincial correctional facility, or
(iii) the conduct of any lawful investigation.
Timing and Effect of Executive Release
Timing
156.‍23 If an offender is granted executive release, the release shall take effect, and the offender shall be released, as soon as possible after any period that is necessary to implement the decision to grant the release.
Police to be notified of release
156.‍24 Before the release of an offender on executive release, the Service shall notify all police forces that have jurisdiction at the destination of the offender if that destination is known, and it shall give the police, and any body authorized by the Service to supervise offenders, all information under its control that is relevant to the supervision of the offender.
Effect
156.‍25 Subsections 128(1) to (3) apply, with any necessary modifications, to an offender who has been granted executive release under section 156.‍11.
General
Application to executive release
156.‍26 (1) Paragraph 4(h), subparagraph 15.‍1(1)‍(b)‍(i), section 55, subsections 57.‍1(1) and 66(1), section 84 and subsections 94(1) and (3) apply, with any necessary modifications, in respect of executive release.
Application to this Part
(2) Sections 100 to 101, 111 and 143 to 145 apply to this Part with any necessary modifications.
Time spent in custody
156.‍27 In calculating the period of imprisonment served for the purposes of the Criminal Code, the International Transfer of Offenders Act, the National Defence Act, the Prisons and Reformatories Act and this Act, there shall be included any time spent in custody during the period beginning on the day on which the person was arrested and taken into custody and ending on the day on which the sentence was imposed.
Regulations
Regulations
156.‍28 The Governor in Council may make regulations
(a) respecting applications referred to in section 156.‍02;
(b) authorizing an employee of the Service or classes of employees of the Service to exercise powers or perform duties or functions that this Part assigns to the Commissioner or the institutional head;
(c) respecting the manner in which requests to the Chairperson or Commissioner are to be made under section 156.‍12 and how those requests are to be dealt with;
(d) prescribing or otherwise providing for anything that by this Part is to be provided for by regulation; and
(e) generally, for carrying out the purposes and provisions of this Part.
Related and Consequential Amendments
R.‍S.‍, c. N-5
National Defence Act
18 The National Defence Act is amended by adding the following before section 226.‍1:
Imprisonment for life without eligibility for parole
226.‍01 (1) Subject to section 745.‍1 of the Criminal Code, an accused person who is convicted of any of the following offences shall be sentenced to imprisonment for life without eligibility for parole:
(a) an offence of misconduct in the presence of an enemy (section 73 or 74), an offence related to security (section 75) or an offence in relation to prisoners of war (section 76), if the accused person acted traitorously;
(b) high treason; or
(c) murder that is planned and deliberate
(i) in which the victim is described in any of paragraphs 231(4)‍(a) to (c) of the Criminal Code,
(ii) in which the death is caused by the accused person while committing or attempting to commit an offence under one of the sections referred to in any of paragraphs 231(5)‍(a) to (f) of the Criminal Code,
(iii) in which the death is caused by the accused person while committing or attempting to commit a serious offence under this Act or an indictable offence under any other Act of Parliament where the act or omission constituting the offence also constitutes a terrorist activity,
(iv) in which the accused person’s behav­iour, associated with the offence, is of such a brutal nature as to compel the conclusion that the accused person’s behaviour in the future is unlikely to be inhibited by normal standards of behav­ioural restraint.
Notice
(2) A prosecutor who intends to apply to have an accused person sentenced to imprisonment for life without eligibility for parole for a murder described in paragraph (1)‍(c) shall provide the accused person with notice of their intention to do so before the accused person enters a plea.
For greater certainty
(3) For greater certainty, for the purposes of subparagraph (1)‍(c)‍(iv), if the panel of a General Court Martial specifies under paragraph 226.‍11(e) that the accused person’s behaviour, associated with the offence, is of a brutal nature, the military judge shall determine if the accused person’s behaviour, associated with the offence, is of such a brutal nature as to compel the conclusion that the accused person’s behaviour in the future is unlikely to be inhibited by normal standards of behavioural restraint.
19 (1) Paragraphs 226.‍1(1)‍(a) to (d) of the Act are replaced by the following:
(a) in the case of a person who has been convicted of first degree murder other than first degree murder described in paragraph 226.‍01(1)‍(c), imprisonment for life without eligibility for parole until the person has served 25 years of the sentence, unless the military judge orders that the person be sentenced to imprisonment for life without eligibility for parole under section 745.‍31 of the Criminal Code;
(b) in the case of a person who has been convicted of second degree murder and has previously been convicted of culpable homicide that is murder, imprisonment for life without eligibility for parole until the person has served 25 years of the sentence, unless the military judge orders that the person be sentenced to imprisonment for life without eligibility for parole under section 745.‍31 of the Criminal Code;
(c) in the case of a person who has been convicted of second degree murder and who has previously been convicted of an offence under section 4 or 6 of the Crimes Against Humanity and War Crimes Act that had as its basis an intentional killing, whether or not it was planned and deliberate, imprisonment for life without eligibility for parole until the person has served 25 years of the sentence, unless the military judge orders that the person be sentenced to imprisonment for life without eligibility for parole under section 745.‍31 of the Criminal Code;
(d) in the case of a person who has been convicted of second degree murder other than second degree murder described in paragraph (b) or (c), imprisonment for life without eligibility for parole until the person has served at least 10 years of the sentence or any greater number of years, not being more than 25, that has been substituted under subsection (2); or
(2) The portion of subsection 226.‍1(2) of the Act before paragraph (b) is replaced by the following:
Provisions of Criminal Code apply
(2) Sections 745.‍1 to 747 of the Criminal Code apply, with any modifications that the circumstances require, to a sentence of impris­onment for life that is imposed under this Act, and for that purpose
(a) a reference in sections 745.‍2 to 745.‍3 and 745.‍32 of the Criminal Code to a jury shall be read as a reference to the panel of a General Court Martial; and
20 The Act is amended by adding the following after section 226.‍1:
Instruction to panel
226.‍11 If a person is charged with murder and is provided with notice under subsection 226.‍01(2) or subsection 745.‍31(2) of the Criminal Code, the military judge presiding at the person’s General Court Martial shall instruct the panel of the General Court Martial that, if it finds the person guilty of the murder, it must specify to the military judge, when it makes its findings,
(a) whether the murder was planned and deliberate;
(b) if evidence was presented at the trial to establish that the victim was a person described in any of paragraphs 231(4)‍(a) to (c) of the Criminal Code, whether the victim was such a person;
(c) if evidence was presented at the trial to establish that the death was caused by the person while committing or attempting to commit an offence under one of the sections referred to in any of paragraphs 231(5)‍(a) to (f) of the Criminal Code, whether the death was so caused;
(d) if evidence was presented at the trial to establish that the death was caused by the person while committing or attempting to commit a serious offence under this Act or an indictable offence under any other Act of Parliament where the act or omission constituting the offence also constituted a terrorist activity, whether the death was so caused; and
(e) if the murder was planned and deliberate and evidence was presented at the trial to establish that the person’s behaviour, associated with the offence, was of a brutal nature, whether the behaviour was of a brutal nature.
2000, c. 24
Crimes Against Humanity and War Crimes Act
21 The portion of subsection 15(2) of the Crimes Against Humanity and War Crimes Act before paragraph (a) is replaced by the following:
Provisions of Criminal Code apply
(2) Sections 745.‍1 to 746.‍1 of the Criminal Code, other than subsection 745.‍21(3) and sections 745.‍31 and 745.‍32, apply, with any modifications that the circumstances require, to a sentence of life imprisonment imposed under this Act, and, for the purpose of applying those provisions,
2004, c. 21
International Transfer of Offenders Act
22 (1) The portion of subsection 24(1) of the International Transfer of Offenders Act before paragraph (a) is replaced by the following:
Eligibility for parole — murder
24 (1) Subject to subsections 17(2) and 19(1) and subsection (1.‍1), if a Canadian offender was sentenced to imprisonment for life for an offence that, if it had been committed in Canada, would have constituted murder within the meaning of the Criminal Code, their full parole ineligibility period is 10 years. If, in the Minister’s opinion, the documents supplied by the foreign entity show that the circumstances in which the offence was committed were such that, if it had been committed in Canada after July 26, 1976, it would have been first degree murder within the meaning of section 231 of that Act, the full parole ineligibility period is
(2) Section 24 of the Act is amended by adding the following after subsection (1):
Ineligibility for parole
(1.‍1) If a Canadian offender was sentenced to imprisonment for life without eligibility for parole and, in the Minister’s opinion, the documents supplied by the foreign entity show that the circumstances in which the offence was committed were such that, if it had been committed in Canada, it would have constituted an offence described in paragraph 744.‍1(1)‍(a) or any of subparagraphs 744.‍1(1)‍(b)‍(i) to (iii) of the Criminal Code, the Canadian offender is not eligible for parole.
23 Section 25 of the Act is replaced by the following:
Temporary absence and day parole — persons convicted of murder
25 Subject to sections746.‍1and 747 of the Criminal Code, a Canadian offender who is transferred to Canada — and was sentenced to imprisonment for life for an offence that, if it had been committed in Canada, would have constituted murder within the meaning of that Act — is eligible for day parole in accordance with the Corrections and Conditional Release Act and for an absence without escort in accordance with the Corrections and Conditional Release Act or the Prisons and Reformatories Act, and their absence with escort may be authorized in accordance with the Corrections and Conditional Release Act or the Prisons and Reformatories Act. However, a Canadian offend­er who was sentenced to imprisonment for life without eligibility for parole and is not eligible for parole under subsection 24(1.‍1) is eligible only for an absence with escort in accordance with the Corrections and Conditional Release Act or the Prisons and Reformatories Act.
Coordinating Amendments
2015, c. 13
24 (1) On the first day on which section 17 of this Act and section 46 of An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts are in force,
(a) subparagraph 156.‍12(1)‍(b) of the Corrections and Conditional Release Act is replaced by the following:
(b) may disclose to the victim any information pertaining to the offender’s correctional plan, including information regarding the offender’s progress towards meeting the objectives of the plan, if, in the opinion of the Chairperson or the Commissioner, as the case may be, the interest of the victim in the disclosure clearly outweighs any invasion of the offender’s privacy that could result from the disclosure;
(b) subsection 156.‍12(1) of the Corrections and Conditional Release Act is amended by striking out “and” at the end of subparagraph (a)‍(ii), 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 opinion of the Chairperson or the Commissioner, as the case may be, 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 escorted temporary absence or on executive release,
(ii) any of the conditions attached to an offender’s executive release or escorted temporary absence and the reasons for the escorted temporary absence, and
(iii) the destination of the offender when released on executive release and whether the offender will be in the vicinity of the victim while travelling to that destination.
(2) On the first day on which both subsection 49(3) of the Victims Bill of Rights and section 17 of this Act are in force, subsection 156.‍21(10) of the Corrections and Conditional Release Act is replaced by the following:
Audio recording
(10) Subject to any conditions specified by the Board, a victim, or a person referred to in subsection 156.‍12(3), who does not attend a hearing that is referred to in subsection (1) as an observer is entitled, after the hearing, on request, to listen to an audio recording of the hearing, other than portions of the hearing that the Board considers could reasonably be expected to jeopardize the safety of any person or to reveal a source of information obtained in confidence.
Access to information
(11) If an observer has been present during a hearing or a victim or a person referred to in subsection 156.‍12(3) has exercised their right under subsection (10), any information or documents discussed or referred to during the hearing shall not for that reason alone be considered to be publicly available for purposes of the Access to Information Act or the Privacy Act.
Coming Into Force
Order in council
25 The provisions of this Act, other than sections 1 and 24, come into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons