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

Assented to 2012-03-13

Consequential Amendments

R.S., c. C-47Criminal Records Act

  •  (1) Paragraph 1(a) of Schedule 1 to the Criminal Records Act is amended by adding the following after subparagraph (vii):

    • (vii.1) paragraph 171.1(1)(a) (making sexually explicit material available to child under 18 for purposes of listed offences),

    • (vii.2) paragraph 171.1(1)(b) (making sexually explicit material available to child under 16 for purposes of listed offences),

    • (vii.3) paragraph 171.1(1)(c) (making sexually explicit material available to child under 14 for purposes of listed offences),

  • (2) Paragraph 1(a) of Schedule 1 to the Act is amended by adding the following after subparagraph (ix):

    • (ix.1) paragraph 172.2(1)(a) (agreement or arrangement — listed sexual offence against child under 18),

    • (ix.2) paragraph 172.2(1)(b) (agreement or arrangement — listed sexual offence against child under 16),

    • (ix.3) paragraph 172.2(1)(c) (agreement or arrangement — listed sexual offence against child under 14),

R.S., c. N-5National Defence Act

Marginal note:1996, c. 19, s. 83.1

 Paragraph 147.1(1)(c) of the National Defence Act is replaced by the following:

Coming into Force

Marginal note:Order in council

 The provisions of this Part, other than subsection 32(2) and section 48, come into force on a day or days to be fixed by order of the Governor in Council.

PART 3POST-SENTENCING

1992, c. 20Corrections And Conditional Release Act

Amendments to the Act

Marginal note:2000, c. 12, s. 88
  •  (1) The definition “victim” in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:

    “victim”

    « victime »

    “victim” means a person to whom harm was done or who suffered physical or emotional damage as a result of the commission of an offence and, if the person is dead, ill or otherwise incapacitated,

    • (a) the person’s spouse or an individual who is — or was at the time of the person’s death — cohabiting with them in a conjugal relationship, having so cohabited for a period of at least one year,

    • (b) a relative or dependant of the person,

    • (c) anyone who has in law or fact custody, or is responsible for the care or support, of the person, or

    • (d) anyone who has in law or fact custody, or is responsible for the care or support, of a dependant of the person;

  • (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    “provincial parole board”

    « commission provinciale »

    “provincial parole board” has the same meaning as in Part II;

    “unescorted temporary absence”

    « permission de sortir sans escorte »

    “unescorted temporary absence” has the same meaning as in Part II;

    “working day”

    « jour ouvrable »

    “working day” means a day on which offices of the federal public administration are generally open in the province in question.

 The heading before section 3 of the Act is replaced by the following:

Purpose and Principles
Marginal note:1995, c. 42, s. 2(F)

 Section 4 of the Act and the heading before it are replaced by the following:

Marginal note:Paramount consideration

3.1 The protection of society is the paramount consideration for the Service in the corrections process.

Marginal note:Principles that guide Service

4. The principles that guide the Service in achieving the purpose referred to in section 3 are as follows:

  • (a) the sentence is carried out having regard to all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the offender, information from the trial or sentencing process, the release policies of and comments from the National Parole Board and information obtained from victims, offenders and other components of the criminal justice system;

  • (b) the Service enhances its effectiveness and openness through the timely exchange of relevant information with victims, offenders and other components of the criminal justice system and through communication about its correctional policies and programs to victims, offenders and the public;

  • (c) the Service uses measures that are consistent with the protection of society, staff members and offenders and that are limited to only what is necessary and proportionate to attain the purposes of this Act;

  • (d) offenders retain the rights of all members of society except those that are, as a consequence of the sentence, lawfully and necessarily removed or restricted;

  • (e) the Service facilitates the involvement of members of the public in matters relating to the operations of the Service;

  • (f) correctional decisions are made in a forthright and fair manner, with access by the offender to an effective grievance procedure;

  • (g) correctional policies, programs and practices respect gender, ethnic, cultural and linguistic differences and are responsive to the special needs of women, aboriginal peoples, persons requiring mental health care and other groups;

  • (h) offenders are expected to obey penitentiary rules and conditions governing temporary absences, work release, parole, statutory release and long-term supervision and to actively participate in meeting the objectives of their correctional plans, including by participating in programs designed to promote their rehabilitation and reintegration; and

  • (i) staff members are properly selected and trained and are given

    • (i) appropriate career development opportunities,

    • (ii) good working conditions, including a workplace environment that is free of practices that undermine a person’s sense of personal dignity, and

    • (iii) opportunities to participate in the development of correctional policies and programs.

 The Act is amended by adding the following after section 15:

Correctional Plans

Marginal note:Objectives for offender’s behaviour
  • 15.1 (1) The institutional head shall cause a correctional plan to be developed in consultation with the offender as soon as practicable after their reception in a penitentiary. The plan is to contain, among others, the following:

    • (a) the level of intervention in respect of the offender’s needs; and

    • (b) objectives for

      • (i) the offender’s behaviour, including

        • (A) to conduct themselves in a manner that demonstrates respect for other persons and property,

        • (B) to obey penitentiary rules and respect the conditions governing their conditional release, if any,

      • (ii) their participation in programs, and

      • (iii) the meeting of their court-ordered obligations, including restitution to victims or child support.

  • Marginal note:Maintenance of plan

    (2) The plan is to be maintained in consultation with the offender in order to ensure that they receive the most effective programs at the appropriate time in their sentence to rehabilitate them and prepare them for reintegration into the community, on release, as a law-abiding citizen.

  • Marginal note:Progress towards meeting objectives

    (3) In making decisions on program selection for — or the transfer or conditional release of — an inmate, the Service shall take into account the offender’s progress towards meeting the objectives of their correctional plan.

Marginal note:Incentive measures

15.2 The Commissioner may provide offenders with incentives to encourage them to make progress towards meeting the objectives of their correctional plans.

Marginal note:1995, c. 22, s. 13 (Sch. II, item 1), c. 42, s. 6

 Subsection 16(2) of the Act is replaced by the following:

  • Marginal note:Effect of confinement

    (2) Subject to subsection (3), a person who is confined in a penitentiary pursuant to an agreement entered into under paragraph (1)(b) is, despite section 743.1 of the Criminal Code, subject to all the statutes, regulations and rules applicable in the penitentiary in which the person is confined.

  •  (1) Subparagraph 26(1)(b)(ii) of the Act is replaced by the following:

    • (ii) the name and location of the penitentiary in which the sentence is being served,

    • (ii.1) if the offender is transferred, a summary of the reasons for the transfer and the name and location of the penitentiary in which the sentence is being served,

    • (ii.2) if the offender is to be transferred to a minimum security institution as designated by Commissioner’s Directive and it is possible to notify the victim before the transfer, a summary of the reasons for the transfer and the name and location of the institution in which the sentence is to be served,

    • (ii.3) the programs that were designed to address the needs of the offender and contribute to their successful reintegration into the community in which the offender is participating or has participated,

    • (ii.4) the serious disciplinary offences that the offender has committed,

  • (2) Subparagraph 26(1)(b)(vi) of the Act is replaced by the following:

    • (vi) the destination of the offender on any temporary absence, work release, parole or statutory release, whether the offender will be in the vicinity of the victim while travelling to that destination and the reasons for any temporary absence, and

 
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