Safe Streets and Communities Act (S.C. 2012, c. 1)

Assented to 2012-03-13

Marginal note:1995, c. 42, s. 53

 Subsection 138(6) of the Act is replaced by the following:

  • Marginal note: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    (6) Subject to subsections 130(4) and (6), an offender whose parole or statutory release has been revoked is entitled to be released on statutory release in accordance with subsection 127(5).

 The heading before section 139 of the Act is replaced by the following:

Merged Sentences
Marginal note:1995, c. 42, s. 54

 Subsection 139(1) of the Act is replaced by the following:

Marginal note:Multiple sentences
Marginal note:2011, c. 11, s. 6
  •  (1) Paragraph 140(1)(b) of the Act is replaced by the following:

    • (b) the first review for full parole under subsection 123(1) and subsequent reviews under subsection 123(5) or (5.1);

  • (2) Section 140 of the Act is amended by adding the following after subsection (9):

    • Marginal note:Presentation of statements

      (10) If they are attending a hearing as an observer,

      • (a) a victim may present a statement describing the harm done to them or loss suffered by them as a result of the commission of the offence and the continuing impact of the commission of the offence — including any safety concerns — and commenting on the possible release of the offender; and

      • (b) a person referred to in subsection 142(3) may present a statement describing the harm done to them or loss suffered by them as a result, and the continuing impact, of any act of the offender in respect of which a complaint was made to the police or Crown attorney or an information laid under the Criminal Code — including any safety concerns — and commenting on the possible release of the offender.

    • Marginal note:Presentation of statements in absence of person

      (11) If a victim or a person referred to in subsection 142(3) is not attending a hearing, their statement may be presented at the hearing in a format that the Board considers appropriate.

    • Marginal note:Communication of statement in writing

      (12) A victim or a person referred to in subsection 142(3) shall, before the hearing, deliver to the Board a transcript of the statement that they plan to present under subsection (10) or (11).

 Subsection 141(3) of the Act is replaced by the following:

  • Marginal note: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.

Marginal note:1995, c. 42, subpar. 71(a)(xxi)(F)
  •  (1) Subparagraph 142(1)(b)(v) of the Act is replaced by the following:

    • (v) any of the conditions attached to the offender’s unescorted temporary absence, parole or statutory release and the reasons for any unescorted temporary absence,

  • (2) Paragraph 142(1)(b) of the Act is amended by striking out “and” at the end of subparagraph (vii), by adding “and” at the end of subparagraph (viii) and by adding the following after subparagraph (viii):

    • (ix) the reason for a waiver of the right to a hearing under subsection 140(1) if the offender gives one.

 Subsection 144(1) of the Act is replaced by the following:

Marginal note: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.

 Subsection 146(1) of the Act is replaced by the following:

Marginal note: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.

 The Act is amended by adding the following after section 154:

Marginal note:Board members not to be witnesses

154.1 A member of the Board is not a competent or compellable witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise or purported exercise of their functions under this or any other Act of Parliament.

 Section 157 of the Act is amended by adding the following in alphabetical order:

“statutory release”

« libération d’office »

“statutory release” has the same meaning as in Part II.

Marginal note:2001, c. 41, s. 91
  •  (1) Paragraph 1(a) of Schedule I to the Act is replaced by the following:

    • (a) sections 46 and 47 (high treason);

    • (a.01) section 75 (piratical acts);

  • (2) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (a.5):

    • (a.6) section 83.18 (participation in activity of terrorist group);

    • (a.7) section 83.19 (facilitating terrorist activity);

    • (a.8) section 83.2 (commission of offence for terrorist group);

    • (a.9) section 83.21 (instructing to carry out activity for terrorist group);

    • (a.91) section 83.22 (instructing to carry out terrorist activity);

  • (3) Paragraph 1(c) of Schedule I to the Act is replaced by the following:

    • (c) section 87 (pointing a firearm);

    • (c.1) section 98 (breaking and entering to steal firearm);

    • (c.2) section 98.1 (robbery to steal firearm);

  • (4) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (g):

    • (g.1) section 153.1 (sexual exploitation of person with disability);

  • (5) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (j):

    • (j.1) section 163.1 (child pornography);

  • (6) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (m):

    • (m.1) section 172.1 (luring a child);

  • (7) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (n):

    • (n.1) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of 18 years);

  • (8) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (r):

    • (r.1) section 244.1 (causing bodily harm with intent — air gun or pistol);

    • (r.2) section 244.2 (discharging firearm — recklessness);

    • (r.3) section 245 (administering noxious thing);

  • (9) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (s):

    • (s.01) section 247 (traps likely to cause bodily harm);

    • (s.02) section 248 (interfering with transportation facilities);

  • (10) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (s.1):

    • (s.11) subsections 249.1(3) and (4) (flight causing bodily harm or death);

    • (s.12) section 249.2 (causing death by criminal negligence (street racing));

    • (s.13) section 249.3 (causing bodily harm by criminal negligence (street racing));

    • (s.14) section 249.4 (dangerous operation of motor vehicle while street racing);

  • (11) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (s.3):

    • (s.4) section 264.1 (uttering threats);

  • (12) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (w):

    • (w.1) section 269.1 (torture);

  • (13) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (x):

    • (x.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm);

    • (x.2) section 270.02 (aggravated assault of peace officer);

  • (14) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (z.1):

    • (z.11) section 273.3 (removal of child from Canada);

  • (15) Paragraph 1(z.2) of Schedule I to the English version of the Act is replaced by the following:

    • (z.2) section 279 (kidnapping and forcible confinement);

  • (16) Paragraph 1(z.3) of Schedule I to the Act is replaced by the following:

    • (z.3) sections 343 and 344 (robbery);

    • (z.301) section 346 (extortion);

 
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