Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-06-21 and last amended on 2016-06-17. Previous Versions

Marginal note:Victim evidence

 Any evidence given during the hearing of an application made under subsection 753(1) by a victim of an offence for which the offender was convicted is deemed also to have been given during any hearing held with respect to the offender under paragraph 753(5)(a) or subsection 753.01(5) or (6).

  • 2008, c. 6, s. 43.
Marginal note:Application for finding that an offender is a long-term offender
  •  (1) The court may, on application made under this Part following the filing of an assessment report under subsection 752.1(2), find an offender to be a long-term offender if it is satisfied that

    • (a) it would be appropriate to impose a sentence of imprisonment of two years or more for the offence for which the offender has been convicted;

    • (b) there is a substantial risk that the offender will reoffend; and

    • (c) there is a reasonable possibility of eventual control of the risk in the community.

  • Marginal note:Substantial risk

    (2) The court shall be satisfied that there is a substantial risk that the offender will reoffend if

    • (a) the offender has been convicted of an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 163.1(2) (making child pornography), 163.1(3) (distribution, etc., of child pornography), 163.1(4) (possession of child pornography) or 163.1(4.1) (accessing child pornography), section 170 (parent or guardian procuring sexual activity), 171 (householder permitting sexual activity), 171.1 (making sexually explicit material available to child), 172.1 (luring a child) or 172.2 (agreement or arrangement  —  sexual offence against child), subsection 173(2) (exposure) or section 271 (sexual assault), 272 (sexual assault with a weapon) 273 (aggravated sexual assault) or 279.011 (trafficking  —  person under 18 years) or subsection 279.02(2) (material benefit  —  trafficking of person under 18 years), 279.03(2) (withholding or destroying documents — trafficking of person under 18 years), 286.1(2) (obtaining sexual services for consideration from person under 18 years), 286.2(2) (material benefit from sexual services provided by person under 18 years) or 286.3(2) (procuring  —  person under 18 years), or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and

    • (b) the offender

      • (i) has shown a pattern of repetitive behaviour, of which the offence for which he or she has been convicted forms a part, that shows a likelihood of the offender’s causing death or injury to other persons or inflicting severe psychological damage on other persons, or

      • (ii) by conduct in any sexual matter including that involved in the commission of the offence for which the offender has been convicted, has shown a likelihood of causing injury, pain or other evil to other persons in the future through similar offences.

  • Marginal note:Sentence for long-term offender

    (3) If the court finds an offender to be a long-term offender, it shall

    • (a) impose a sentence for the offence for which the offender has been convicted, which must be a minimum punishment of imprisonment for a term of two years; and

    • (b) order that the offender be subject to long-term supervision for a period that does not exceed 10 years.

  • Marginal note:Exception — if application made after sentencing

    (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).

  • (4) and (5) [Repealed, 2008, c. 6, s. 44]

  • Marginal note:If offender not found to be long-term offender

    (6) If the court does not find an offender to be a long-term offender, the court shall impose sentence for the offence for which the offender has been convicted.

  • 1997, c. 17, s. 4;
  • 2002, c. 13, s. 76;
  • 2008, c. 6, s. 44;
  • 2012, c. 1, s. 36;
  • 2014, c. 25, s. 30.
Marginal note:Long-term supervision
  •  (1) Subject to subsection (2), an offender who is subject to long-term supervision shall be supervised in the community in accordance with the Corrections and Conditional Release Act when the offender has finished serving

    • (a) the sentence for the offence for which the offender has been convicted; and

    • (b) all other sentences for offences for which the offender is convicted and for which sentence of a term of imprisonment is imposed on the offender, either before or after the conviction for the offence referred to in paragraph (a).

  • Marginal note:Sentence served concurrently with supervision

    (2) A sentence imposed on an offender referred to in subsection (1), other than a sentence that requires imprisonment, is to be served concurrently with the long-term supervision.

  • Marginal note:Application for reduction in period of long-term supervision

    (3) An offender who is required to be supervised, a member of the Parole Board of Canada or, on approval of that Board, the offender’s parole supervisor, as defined in subsection 99(1) of the Corrections and Conditional Release Act, may apply to a superior court of criminal jurisdiction for an order reducing the period of long-term supervision or terminating it on the ground that the offender no longer presents a substantial risk of reoffending and thereby being a danger to the community. The onus of proving that ground is on the applicant.

  • Marginal note:Notice to Attorney General

    (4) The applicant must give notice of an application under subsection (3) to the Attorney General at the time the application is made.

  • 1997, c. 17, s. 4;
  • 2008, c. 6, s. 45;
  • 2012, c. 1, ss. 147, 160.
Marginal note:Breach of long-term supervision
  •  (1) An offender who, without reasonable excuse, fails or refuses to comply with long-term supervision is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years.

  • Marginal note:Where accused may be tried and punished

    (2) An accused who is charged with an offence under subsection (1) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody, but if the place where the accused is found, is arrested or is in custody is outside the province in which the offence is alleged to have been committed, no proceedings in respect of that offence shall be instituted in that place without the consent of the Attorney General of that province.

  • 1997, c. 17, s. 4;
  • 2008, c. 6, s. 46.
Marginal note:New offence
  •  (1) If an offender who is subject to long-term supervision commits one or more offences under this or any other Act and a court imposes a sentence of imprisonment for the offence or offences, the long-term supervision is interrupted until the offender has finished serving all the sentences, unless the court orders its termination.

  • Marginal note:Reduction in term of long-term supervision

    (2) A court that imposes a sentence of imprisonment under subsection (1) may order a reduction in the length of the period of the offender’s long-term supervision.

  • 1997, c. 17, s. 4;
  • 2008, c. 6, s. 47.
Marginal note:Hearing of application
  •  (1) With the exception of an application for remand for assessment, the court may not hear an application made under this Part unless

    • (a) the Attorney General of the province in which the offender was tried has, either before or after the making of the application, consented to the application;

    • (b) at least seven days notice has been given to the offender by the prosecutor, following the making of the application, outlining the basis on which it is intended to found the application; and

    • (c) a copy of the notice has been filed with the clerk of the court or the provincial court judge, as the case may be.

  • Marginal note:By court alone

    (2) An application under this Part shall be heard and determined by the court without a jury.

  • Marginal note:When proof unnecessary

    (3) For the purposes of an application under this Part, where an offender admits any allegations contained in the notice referred to in paragraph (1)(b), no proof of those allegations is required.

  • Marginal note:Proof of consent

    (4) The production of a document purporting to contain any nomination or consent that may be made or given by the Attorney General under this Part and purporting to be signed by the Attorney General is, in the absence of any evidence to the contrary, proof of that nomination or consent without proof of the signature or the official character of the person appearing to have signed the document.

  • R.S., 1985, c. C-46, s. 754;
  • R.S., 1985, c. 27 (1st Supp.), s. 203;
  • 2008, c. 6, s. 48.
 
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