Transitional Provisions

Marginal note:Hearing — subsection 278.3(5)

37. Subsection 278.3(5) of the Act, as that subsection read immediately before the day on which section 6 of this Act comes into force, continues to apply in respect of any hearing referred to in that subsection that takes place on that day or within 14 days after that day.

Marginal note:Restitution requests — section 380.3

38. Section 380.3 of the Act, as that section read immediately before the day on which section 11 of this Act comes into force, continues to apply in respect of requests for restitution made to the court under that section 380.3 before that day.

Marginal note:Community impact statements — section 380.4

39. Section 380.4 of the Act, as that section read immediately before the day on which section 11 of this Act comes into force, continues to apply in respect of statements filed with the court under that section 380.4 before that day.

Marginal note:Section 423.1

40. Section 423.1 of the Act, as amended by section 12 of this Act, applies only in respect of conduct engaged in on or after the day on which that section 12 comes into force.

Marginal note:Victim impact statements — section 672.5

41. Section 672.5 of the Act, as that section read immediately before the day on which section 22 of this Act comes into force, continues to apply in respect of any statement that was filed with the court or Review Board under that section 672.5 before that day.

Marginal note:Section 718

42. The amendments to section 718 of the Act made by section 23 of this Act apply only in respect of sentences imposed in respect of conduct engaged in on or after the day on which that section 23 comes into force.

Marginal note:Paragraph 718.2(e)

42.1 The amendment to paragraph 718.2(e) of the Act made by section 24 of this Act applies only in respect of sentences imposed in respect of conduct engaged in on or after the day on which that section 24 comes into force.

Marginal note:Victim impact statements — section 722

43. Section 722 of the Act, as that section read immediately before the day on which section 25 of this Act comes into force, continues to apply in respect of any statement that was filed with the court under that section 722 before that day.

Marginal note:Sections 737.1 and 739.1 to 739.4

44. Section 737.1 of the Act, as enacted by section 29 of this Act, and sections 739.1 to 739.4 of the Act, as enacted by section 30 of this Act, apply only in respect of conduct engaged in on or after the day on which those sections 29 and 30 come into force.

1992, c. 20AMENDMENTS TO THE CORRECTIONS AND CONDITIONAL RELEASE ACT

Marginal note:2012, c. 1, s. 52(1)

• 45. (1) The definition “victim” in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:

  “victim”

  « victime »

  “victim”, in respect of an offence, means an individual who has suffered physical or emotional harm, property damage or economic loss as the result of the commission of the offence.

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

  • Marginal note:Acting on victim’s behalf

    (3) For the purposes of this Act, any of the following individuals may act on the victim’s behalf if the victim is dead or incapable of acting on their own behalf:

    • (a) the victim’s spouse, or if the victim is dead, their spouse at the time of death;

    • (b) the individual who is or was at the time of the victim’s death, cohabiting with them in a conjugal relationship, having so cohabited for a period of at least one year;

    • (c) a relative or a dependant of the victim;

    • (d) an individual who has in law or fact custody, or is responsible for the care or support, of the victim; and

    • (e) an individual who has in law or fact custody, or is responsible for the care or support, of a dependant of the victim.

  • Marginal note:Exception

    (4) For the purposes of this Act, an individual is not a victim, or entitled to act on a victim’s behalf, in relation to an offence, if the individual is the offender.

• 46. (1) Subparagraph 26(1)(b)(iii) of the Act is replaced by the following:

  • (iii) information pertaining to the offender’s correctional plan, including information regarding the offender’s progress towards meeting the objectives of the plan,

• Marginal note:2012, c. 1, s. 57(2)

  (2) Subparagraphs 26(1)(b)(v) and (vi) of the Act are replaced by the following:

  • (v) that the offender has been removed from Canada under the Immigration and Refugee Protection Act before the expiration of the sentence, and

• (3) Subsection 26(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after paragraph (b):

  • (c) shall disclose to the victim any of the following information about the offender, if, in the Commissioner’s opinion, the disclosure would not have a negative impact on the safety of the public:

    • (i) the date, if any, on which the offender is to be released on temporary absence, work release, parole or statutory release,

    • (ii) the conditions attached to the offender’s temporary absence, work release, parole or statutory release,

    • (iii) the destination of the offender on any temporary absence, work release, parole or statutory release, whether the offender will be in the vicinity of the victim while travelling to that destination and the reasons for any temporary absence; and

  • (d) shall provide the victim with access to a photograph of the offender taken on the occurrence of the earliest of any of the following — and any subsequent photograph of the offender taken by the Service — if, in the Commissioner’s opinion, to do so would not have a negative impact on the safety of the public:

    • (i) the release of the offender on unescorted temporary absence,

    • (ii) the offender’s work release,

    • (iii) the offender’s release on parole, and

    • (iv) the offender’s release by virtue of statutory release or the expiration of the sentence.

• (4) Section 26 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Timing of disclosure

    (1.1) The Commissioner shall disclose the information referred to in paragraph (1)(c) before the day on which the offender is released and, unless it is not practicable to do so, the Commissioner shall disclose it at least 14 days before that day.

  • Marginal note:Continuing duty to disclose

    (1.2) The Commissioner shall disclose to the victim any changes to the information referred to in paragraphs (1)(a) to (c).

• (5) Paragraph 26(3)(a) of the Act is replaced by the following:

  • (a) that the person suffered physical or emotional harm, property damage or economic loss, as the result of an act of an offender, whether or not the offender was prosecuted or convicted for that act; and

• (6) Paragraph 26(4)(a) of the Act is replaced by the following:

  • (a) that the person suffered physical or emotional harm, property damage or economic loss, as the result of an act of a person referred to in subsection (2), whether or not the person referred to in subsection (2) was prosecuted or convicted for that act; and

• (7) Section 26 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Representative

    (5) A victim may designate a representative to whom the information referred to in subsections (1) and (2) is to be disclosed on the victim’s behalf, or to whom access to a photograph referred to in paragraph (1)(d) is to be provided. In that case, the victim shall provide the Commissioner with the representative’s contact information.

  • Marginal note:Withdrawal of request

    (6) A victim who has made a request referred to in subsection (1) or (2) may inform the Commissioner in writing that they no longer want the information to be disclosed to them or access to the photograph. In that case, the Commissioner shall not contact them, or their representative, if any, unless the victim subsequently makes the request again.

  • Marginal note:Deemed withdrawal of request

    (7) The Commissioner may consider a victim to have withdrawn a request referred to in subsection (1) or (2) if the Commissioner has made reasonable efforts to contact the victim and has failed to do so.

  • Marginal note:Other persons

    (8) Subsections (5) to (7) also apply, with any necessary modifications, to a person who has satisfied the Commissioner of the matters referred to in paragraphs (3)(a) and (b) or (4)(a) and (b).

47. The Act is amended by adding the following after section 26:

Marginal note:1997, c. 17, s. 30

• 48. (1) Subsection 134.1(3) of the Act is replaced by the following:

  • Marginal note:Conditions to protect victim

    (2.1) If a victim, or a person referred to in subsection 142(3), has provided the Board with a statement describing the harm, property damage or loss suffered by them, as the result of the commission of an offence and its continuing impact on them — including any safety concerns — the Board shall impose any conditions on the long-term supervision of the offender that it considers reasonable and necessary 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

    (2.2) If a statement referred to in subsection (2.1) has been provided to the Board and it decides not to impose any conditions under that subsection, it shall provide written reasons for its decision.

  • Marginal note:For greater certainty

    (2.3) For greater certainty, if no statement has been provided to the Board, nothing in subsection (2.1) precludes the Board from imposing any condition under subsection (2).

  • Marginal note:Duration of conditions

    (3) A condition imposed under subsection (2) or (2.1) is valid for the period that the Board specifies.

• Marginal note:1997, c. 17, s. 30

  (2) Paragraph 134.1(4)(b) of the Act is replaced by the following:

  • (b) in respect of conditions imposed under subsection (2) or (2.1), remove or vary any such condition.

• (3) Section 134.1 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Obligation — removal or variance of condition

    (5) Before removing or varying any condition imposed under subsection (2.1) on an offender, the Board shall take reasonable steps to inform every victim or person who provided it with a statement referred to in that subsection in relation to that offender of its intention to remove or vary the condition and it shall consider their concerns, if any.

• 49. (1) Subsection 140(6) of the Act is repealed.

• Marginal note:2012, c. 1, s. 96(2)

  (2) Subsection 140(10) of the Act is replaced by the following:

  • Marginal note:Presentation of statements

    (10) If they are attending a hearing as an observer,

    • (a) a victim may present a statement describing the harm, property damage or loss suffered by them as the result of the commission of the offence and its continuing impact on them — including any safety concerns — and commenting on the possible release of the offender; and

    • (b) a person referred to in subsection 142(3) may present a statement describing the harm, property damage or loss suffered by them as the result of any act of the offender in respect of which a complaint was made to the police or Crown attorney or an information laid under the Criminal Code, and its continuing impact on them — including any safety concerns — and commenting on the possible release of the offender.

• (3) Section 140 of the Act is amended by adding the following after subsection (12):

  • Marginal note:Audio recording

    (13) Subject to any conditions specified by the Board, a victim, or a person referred to in subsection 142(3), who does not attend a hearing in respect of a review referred to in paragraph (1)(a) or (b) as an observer is entitled, after the hearing, on request, to listen to an audio recording of the hearing, other than portions of the hearing that the Board considers could reasonably be expected to jeopardize the safety of any person or to reveal a source of information obtained in confidence.

  • Marginal note:Access to information

    (14) If an observer has been present during a hearing or a victim or a person has exercised their right under subsection (13), any information or documents discussed or referred to during the hearing shall not for that reason alone be considered to be publicly available for purposes of the Access to Information Act or the Privacy Act.

• 50. (1) Paragraph 142(3)(a) of the Act is replaced by the following:

  • (a) that person suffered physical or emotional harm, property damage or economic loss, as the result of an act of an offender, whether or not the offender was prosecuted or convicted for that act; and

• (2) Section 142 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Representative

    (3.1) A victim may designate a representative to whom the information referred to in subsections (1) and (2) is to be disclosed on the victim’s behalf. In that case, the victim shall provide the Chairperson with the representative’s contact information.

  • Marginal note:Withdrawal of request

    (3.2) A victim who has made a request referred to in subsection (1) or (2) may inform the Chairperson in writing that they no longer want the information to be disclosed to them. In that case, the Chairperson shall not contact them or their representative, if any, unless the victim subsequently makes the request again.

  • Marginal note:Deemed withdrawal of request

    (3.3) The Chairperson may consider a victim to have withdrawn a request referred to in subsection (1) or (2) if the Chairperson has made reasonable efforts to contact the victim and has failed to do so.

  • Marginal note:Other persons

    (3.4) Subsections (3.1) to (3.3) also apply, with any necessary modifications, to a person who has satisfied the Chairperson of the matters referred to in paragraphs (3)(a) and (b).

51. The Act is amended by adding the following after section 144:

R.S., c. C-5AMENDMENTS TO THE CANADA EVIDENCE ACT

Marginal note:2002, c. 1, s. 166

• 52. (1) Subsection 4(2) of the Canada Evidence Act is replaced by the following:

  • Marginal note:Spouse of accused

    (2) No person is incompetent, or uncompellable, to testify for the prosecution by reason only that they are married to the accused.

• (2) Subsections 4(4) and (5) of the Act are repealed.