Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-08-05 and last amended on 2014-07-11. Previous Versions

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.