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

Assented to 2012-03-13

 Schedule 1 to the Act is amended by replacing the references after the heading “SCHEDULE 1” with the following:

(Subsections 4(2), (3) and (5))

Marginal note:2010, c. 5, s. 9

 Subparagraphs 1(b)(i) and (ii) of Schedule 1 to the Act are replaced by the following:

  • (i) subsection 146(1) (sexual intercourse with a female under 14),

  • (ii) subsection 146(2) (sexual intercourse with a female 14 or more but under 16),

  • (iii) section 151 (seduction of a female 16 or more but under 18),

  • (iv) section 166 (parent or guardian procuring defilement), and

  • (v) section 167 (householder permitting defilement);

Marginal note:2010, c. 5, s. 9

 Item 3 of Schedule 1 to the Act is repealed.

Marginal note:2000, c. 1, s. 8.1; 2008, c. 6, s. 58; 2010, c. 5, s. 8

 Schedule 2 to the Act is replaced by the Schedule 2 set out in the schedule to this Act.

2004, c. 21International Transfer of Offenders Act

 Section 3 of the International Transfer of Offenders Act is replaced by the following:

Marginal note:Purpose

3. The purpose of this Act is to enhance public safety and to contribute to the administration of justice and the rehabilitation of offenders and their reintegration into the community by enabling offenders to serve their sentences in the country of which they are citizens or nationals.

  •  (1) Subsection 10(1) of the Act is replaced by the following:

    Marginal note:Factors — Canadian offenders
    • 10. (1) In determining whether to consent to the transfer of a Canadian offender, the Minister may consider the following factors:

      • (a) whether, in the Minister’s opinion, the offender’s return to Canada will constitute a threat to the security of Canada;

      • (b) whether, in the Minister’s opinion, the offender’s return to Canada will endanger public safety, including

        • (i) the safety of any person in Canada who is a victim, as defined in subsection 2(1) of the Corrections and Conditional Release Act, of an offence committed by the offender,

        • (ii) the safety of any member of the offender’s family, in the case of an offender who has been convicted of an offence against a family member, or

        • (iii) the safety of any child, in the case of an offender who has been convicted of a sexual offence involving a child;

      • (c) whether, in the Minister’s opinion, the offender is likely to continue to engage in criminal activity after the transfer;

      • (d) whether, in the Minister’s opinion, the offender left or remained outside Canada with the intention of abandoning Canada as their place of permanent residence;

      • (e) whether, in the Minister’s opinion, the foreign entity or its prison system presents a serious threat to the offender’s security or human rights;

      • (f) whether the offender has social or family ties in Canada;

      • (g) the offender’s health;

      • (h) whether the offender has refused to participate in a rehabilitation or reintegration program;

      • (i) 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;

      • (j) the manner in which the offender will be supervised, after the transfer, while they are serving their sentence;

      • (k) whether the offender has cooperated, or has undertaken to cooperate, with a law enforcement agency; or

      • (l) any other factor that the Minister considers relevant.

  • (2) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Factors — Canadian and foreign offenders

      (2) In determining whether to consent to the transfer of a Canadian or foreign offender, the Minister may consider the following factors: