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An Act to amend the Criminal Code and the Corrections and Conditional Release Act (restrictions on offenders) (S.C. 2014, c. 21)

Assented to 2014-06-19

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An Act to amend the Criminal Code and the Corrections and Conditional Release Act (restrictions on offenders)

S.C. 2014, c. 21

Assented to 2014-06-19

An Act to amend the Criminal Code and the Corrections and Conditional Release Act (restrictions on offenders)

SUMMARY

This enactment amends section 161 of the Criminal Code to require a court to consider making an order prohibiting certain offenders from being within two kilometres, or any other distance specified in the order, of any dwellinghouse where the victim identified in the order resides or of any other place specified in the order. It also amends subsection 732.1(2) (probation) to ensure that the offender abstains from communicating with any victim, witness or other person identified in a probation order, or refrains from going to any place specified in the order, except in accordance with certain conditions. It makes similar amendments to section 742.3 (conditional sentence orders) and subsection 810.1(3.02) (conditions of recognizance).

The enactment also amends section 133 of the Corrections and Conditional Release Act to provide that the releasing authority may impose any conditions on the parole, statutory release or unescorted temporary absence of an offender that it considers reasonable and necessary in order to protect the victim or the person, including a condition that the offender abstain from having any contact, including communication by any means, with the victim or the person or from going to any specified place.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-46CRIMINAL CODE

1. Subsection 161(1) of the Criminal Code is amended by adding the following after paragraph (a):

  • (a.1) being within two kilometres, or any other distance specified in the order, of any dwelling-house where the victim identified in the order ordinarily resides or of any other place specified in the order;

  • 2. (1) Subsection 732.1(2) of the Act is amended by adding the following after paragraph (a):

    • (a.1) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, or refrain from going to any place specified in the order, except in accordance with the conditions specified in the order that the court considers necessary, unless

      • (i) the victim, witness or other person gives their consent or, if the victim, witness or other person is a minor, the parent or guardian, or any other person who has the lawful care or charge of them, gives their consent, or

      • (ii) the court decides that, because of exceptional circumstances, it is not appropriate to impose the condition;

  • (2) Section 732.1 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Consent

      (2.1) For the purposes of subparagraph (2)(a.1)(i), the consent is valid only if it is given in writing or in the manner specified in the order.

    • Marginal note:Reasons

      (2.2) If the court makes the decision described in subparagraph (2)(a.1)(ii), it shall state the reasons for the decision in the record.

3. Section 742.3 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Abstain from communicating

    (1.1) The court shall prescribe, as a condition of a conditional sentence order, that the offender abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, or refrain from going to any place specified in the order, except in accordance with the conditions specified in the order that the court considers necessary, unless

    • (a) the victim, witness or other person gives their consent or, if the victim, witness or other person is a minor, the parent or guardian, or any other person who has the lawful care or charge of them, gives their consent; or

    • (b) the court decides that, because of exceptional circumstances, it is not appropriate to impose the condition.

  • Marginal note:Consent

    (1.2) For the purposes of paragraph (1.1)(a), the consent is valid only if it is given in writing or in the manner specified in the order.

  • Marginal note:Reasons

    (1.3) If the court makes the decision described in paragraph (1.1)(b), it shall state the reasons for the decision in the record.

4. Subsection 810.1(3.02) of the Act is amended by adding the following after paragraph (b):

  • (b.1) prohibit the defendant from communicating, directly or indirectly, with any person identified in the recognizance, or refrain from going to any place specified in the recognizance, except in accordance with the conditions specified in the recognizance that the judge considers necessary;

1992, c. 20CORRECTIONS AND CONDITIONAL RELEASE ACT

5. Section 133 of the Corrections and Conditional Release Act is amended by adding the following after subsection (3):

  • Marginal note:Conditions to protect victim

    (3.1) If a victim or a person referred to in subsection 26(3) or 142(3) has provided the releasing authority with a statement describing the harm done to them or loss suffered by them as a result of the commission of an offence or the continuing impact of the commission of the offence on them  —  including any safety concerns  —  or commenting on the possible release of the offender, the releasing authority shall impose any conditions on the parole, statutory release or unescorted temporary absence of the offender that it considers reasonable and necessary in order to protect the victim or the person, including a condition that the offender abstain from having any contact, including communication by any means, with the victim or the person or from going to any specified place.

  • Marginal note:Written reasons

    (3.2) If a statement referred to in subsection (3.1) has been provided to the releasing authority and the releasing authority decides not to impose any conditions under that subsection, it shall provide written reasons for the decision.

  • Marginal note:For greater certainty

    (3.3) For greater certainty, if no statement has been provided to the releasing authority, nothing in subsection (3.1) precludes the releasing authority from imposing any condition under subsection (3).

COMING INTO FORCE

Marginal note:Three months after royal assent

6. This Act comes into force three months after the day on which it receives royal assent.

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