The Standing Committee on Justice and Legal Affairs has the honour to present its
NINTH REPORT
In accordance with its Order of Reference of Monday, October 7, 1996, your Committee has considered Bill C-55, An Act to amend the Criminal Code (high risk offenders), the Corrections and Conditional Release Act, the Criminal Records Act, the Prisons and Reformatories Act and the Department of the Solicitor General Act, and has agreed to report it with the following amendments:
Clause 4
Strike out lines 19 to 21, at page 5, and substitute the following therefor:
``nate period.
(4.1) If the application was made after the offender begins to serve the sentence in a case to which paragraphs (2)(a) and (b) apply, the sentence of detention in a penitentiary for an indeterminate period referred to in subsection (4) replaces the sentence that was imposed for the offence for which the offender was convicted.''
Add immediately after line 32, at page 5, the following:
``(6) Any evidence given during the hearing of an application made under subsection (1) by a victim of an offence for which the offender was convicted is deemed also to have been given during any hearing under paragraph (5)(a) held with respect to the offender.''
Strike out line 33, at page 6, and substitute the following therefor:
``(3) Subject to subsections (3.1), (4) and (5), if the''
Add immediately after line 45, at page 6, the following:
``(3.1) The court may not impose a sentence under paragraph (3) (a) and the sentence that was imposed for the offence for which the offender was convicted stands despite the offender's being found to be a long-term offender, if the application was one that
(a) was made after the offender begins to serve the sentence in a case to which paragraphs 753(2)(a) and (b) apply; and
(b) was treated as an application under this section further to the court deciding to do so under paragraph 753(5)(a).''
Strike out line 39, at page 7, and substitute the following therefor:
``in subsection 134.2(2) of the Corrections''
Add immediately after line 3, at page 8, the following:
``(4) The applicant must give notice of an application under subsection (3) to the Attorney General at the time the application is made.''
Clause 9
Strike out lines 11 to 17, at page 12, and substitute the following therefor:
``810.2 (1) Any person who fears on reasonable grounds that another person will commit a serious personal injury offence, as that expression is defined in section 752, may, with the consent of the Attorney General, lay an information before a provincial court''
Strike out line 22, at page 12, and substitute the following therefor:
``an information under subsection (1) may''
Strike out line 27, at page 12, and substitute the following therefor:
``evidence adduced that the informant''
Strike out line 35, at page 12, and substitute the following therefor:
``(5) and (6), that the provincial court judge''
Strike out lines 20 to 25, at page 13, and substitute the following therefor:
``authority, and where the provincial court judge decides that it is desirable for the defendant to so report, the provincial court''
Strike out line 29, at page 13, and substitute the following therefor:
``application of the informant, of the Attorney General or of the''
Add immediately after line 31, at page 14, the following:
``(3) If Bill C-27, entitled An Act to amend the Criminal code (child prostitution, child sex tourism, criminal harassment and female genital mutiliation), is assented to, then, on the later of the coming into force of subsection 9(1) of this Act and section 4 of that Act, paragraph 264(4)(a) of the Criminal Code, as enacted by that section 4, is replaced by the following:
(a) the terms or conditions of an order made pursuant to section 161 or a recognizance entered into pursuant to section 810, 810.1 or 810.2; or''
Clause 11
Strike out line 44, at page 14, and substitute the following therefor:
``753.1(3) (b), or subparagraph 759(3)(a)(i), 759(4)(a)(ii) or 759(4.2)(a)(i) of the Criminal Code;''
Clause 12
Strike out lines 4 and 5, at page 15, and substitute the following therefor:
``vised by a long-term supervision order is deemed to''
Clause 15
Strike out lines 24 and 25, at page 15, and substitute the following therefor:
``be supervised by a long-term supervision order has''
Clause 18
Strike out lines 30 and 31, at page 16, and substitute the following therefor:
``supervised by a long-term supervision order is deemed to''
Clause 20
Strike out line 11, at page 19, and substitute the following therefor:
``scribed in subsection 120.2(2), the''
Strike out line 23, at page 19, and substitute the following therefor:
``with subsection 120.2(2), less three''
Strike out lines 45 and 46, at page 19, and line 1, at page 20, and substitute the following therefor:
``(b) subsection 119(1.2) of the Corrections and Conditional Release Act is replaced by''
Strike out line 5, at page 20, and substitute the following therefor:
``scribed in subsection 120.2(2), the''
Add immediately after line 9, at page 20, the following:
``(a) the period that expires when all but one fifth of the period of imprisonment the offender is to serve without eligibility for parole has been served, and
(b) the portion of the sentence that must be served before full parole may be granted to the offender, determined in accordance with subsection 120.2(2), less three years.''
Clause 30
Strike out lines 5 and 6, at page 23, and substitute the following therefor:
``a long-term supervision order is subject to the conditions''
Strike out lines 31 and 32, at page 23, and substitute the following therefor:
``pursuant to a long-term supervision order shall com-''
Strike out lines 7 to 9, at page 24, and substitute the following therefor:
``who is required to be supervised by a long-term supervision order.''
New Clause 32.1
Add immediately after line 23, at page 24, the following:
``32.1 Subsection 135(9.1) of the Act is replaced by the following:
(9.1) Where an offender whose parole or statutory release has not been terminated or revoked is incarcerated as a result of an additional sentence for an offence under an Act of Parliament, the parole or statutory release, as the case may be, is revoked on the day on which the offender is incarcerated as a result of the additional sentence.''
Clause 33
Strike out lines 30 to 32, at page 24, and substitute the following therefor:
``condition of a long-term supervision order or a condition referred to in section''
Strike out lines 3 and 4, at page 25, and substitute the following therefor:
``ment to custody is necessary, to custody until the suspension is can-''
Strike out line 16, at page 25, and substitute the following therefor:
``a long-term supervision order,''
Clause 37
Strike out lines 2 and 3, at page 28, and substitute the following therefor:
``supervised by a long-term supervision order is deemed to''
Clause 38
Strike out lines 8 to 10, at page 28, and substitute the following therefor:
``being supervised pursuant to an order for long-term supervision, within the meaning of subsection 2(1) of the Corrections and Conditional Release Act is not included in the calculation of the''
Clause 40
Strike out lines 12 and 13, at page 29, and substitute the following therefor:
``long-term supervision within the meaning of subsection 2(1) of the Corrections and Conditional Release Act;''
Your Committee has ordered a reprint of Bill C-55, as amended, as a working copy for the use of the House of Commons, at the Report Stage.
A copy of the relevant Minutes of Proceedings (Issues Nos. 6 and 7, which includes this report) is tabled.
Respectfully submitted,
La présidente,
Shaughnessy Cohen
Chair.