An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act (S.C. 2023, c. 28)
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Assented to 2023-10-26
R.S., c. C-46Criminal Code (continued)
33 Subsection 703(2) of the Act is replaced by the following:
Marginal note:Warrant effective in a province
(2) Despite any other provision of this Act but subject to subsections 487.0551(2), 490.03121(3) and 705(3), a warrant of arrest or committal that is issued by a justice or provincial court judge may be executed anywhere in the province in which it is issued.
34 The Act is amended by adding the following after section 726.2:
Marginal note:Inquiry by court
726.3 When imposing a sentence, a court must inquire of the prosecutor if reasonable steps were taken to determine whether the victim wishes to receive information regarding the sentence and its administration and must, if known, enter the victim’s wishes into the record of the proceedings.
35 Section 743.2 of the Act is replaced by the following:
Marginal note:Report by court to Correctional Service
743.2 A court that sentences or commits a person to penitentiary shall forward to the Correctional Service of Canada its reasons and recommendation relating to the sentence or committal, any relevant reports that were submitted to the court, any other information relevant to administering the sentence or committal and the name and contact information for any victim who wishes to receive information under the Corrections and Conditional Release Act.
36 Part XXVIII of the Act is amended by adding the following after Form 6.2:
FORM 6.3(Section 490.0132)Summons to Appear for the Purposes of Section 490.0132
Canada,
Province of
(territorial division)
To (name of person), of , born on (date of birth):
Because on (date) at (hour) at (place) a sentence was imposed on you — or a verdict of not criminally responsible on account of mental disorder was rendered in respect of you — for a primary offence and the court did not, at the time the sentence was imposed or the verdict was rendered, consider whether an order to comply with the Sex Offender Information Registration Act should be made under any of subsections 490.012(1) to (3) of the Criminal Code;
You are ordered, in His Majesty’s name, to appear on (date) at (hour) at (place) for the purposes of considering whether an order should be made under any of subsections 490.012(1) to (3) of the Criminal Code in respect of the primary offence for which the sentence was imposed or the verdict of not criminally responsible on account of mental disorder was rendered.
You are warned that, unless you have a lawful excuse, it is an offence under subsection 145(3) of the Criminal Code to fail to appear as required in this summons.
If you commit an offence under subsection 145(3) of the Criminal Code, a warrant for your arrest may be issued (section 512 or 512.1 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.
Signed on (date), at (place).
(Signature of judge, justice or clerk of the court)
(Name of the judge or justice)
FORM 6.4(Section 490.03121)Warrant for Arrest
Canada
Province of
(territorial division)
To the peace officers in (territorial division):
This warrant is issued for the arrest of (name of person), of , born on (date of birth).
Whereas (name of person) contravened a requirement, under the Criminal Code or another Act of Parliament, to comply with sections 4 to 5.1 of the Sex Offender Information Registration Act;
This is, therefore, to command you, in His Majesty’s name, to arrest (name of person) without delay in order to bring them to a registration centre, as defined in subsection 3(1) of the Sex Offender Information Registration Act, to remedy any contravention of any of sections 4 to 5.1 of that Act.
Signed on (date), at (place).
(Signature of justice)
(Name of the justice who has issued this warrant)
37 Form 34.2 of Part XXVIII of the Act is replaced by the following:
FORM 34.2(Subsection 722(4))Victim Impact Statement
This form may be used to provide a description of the physical or emotional harm, property damage or economic loss suffered by you as the result of the commission of an offence, as well as a description of the impact of the offence on you. You may attach additional pages if you need more space.
Your statement must not include
• any statement about the offence or the offender that is not relevant to the harm or loss you suffered;
• any unproven allegations;
• any comments about any offence for which the offender was not convicted;
• any complaint about any individual, other than the offender, who was involved in the investigation or prosecution of the offence; or
• except with the court’s approval, an opinion or recommendation about the sentence.
You may present a detailed account of the impact the offence has had on your life. The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information.
Emotional impact
Describe how the offence has affected you emotionally. For example, think of
• your lifestyle and activities;
• your relationships with others such as your spouse, family and friends;
• your ability to work, attend school or study; and
• your feelings, emotions and reactions as they relate to the offence.
Physical impact
Describe how the offence has affected you physically. For example, think of
• ongoing physical pain, discomfort, illness, scarring, disfigurement or physical limitation;
• hospitalization or surgery you have had because of the offence;
• treatment, physiotherapy or medication you have been prescribed;
• the need for any further treatment or the expectation that you will receive further treatment; and
• any permanent or long-term disability.
Economic impact
Describe how the offence has affected you financially. For example, think of
• the value of any property that was lost or damaged and the cost of repairs or replacement;
• any financial loss due to missed time from work;
• the cost of any medical expenses, therapy or counselling;
• any costs or losses that are not covered by insurance.
Please note that this is not an application for compensation or restitution.
Fears for security
Describe any fears you have for your security or that of your family and friends. For example, think of
• concerns with respect to contact with the offender; and
• concerns with respect to contact between the offender and members of your family or close friends.
Drawing, poem or letter
You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the offence has had on you.
□ I would like to present my statement in court.
□ I would like to receive information respecting the sentence imposed on the offender and its administration.
To the best of my knowledge, the information contained in this statement is true.
Dated this day of 20, at .
Signature of declarant
If you completed this statement on behalf of the victim, please indicate the reasons why you did so and the nature of your relationship with the victim.
Dated this day of 20, at .
Signature of declarant
38 Form 48.2 of Part XXVIII of the Act is replaced by the following:
FORM 48.2(Subsection 672.5(14))Victim Impact Statement — Not Criminally Responsible
This form may be used to provide a description of the physical or emotional harm, property damage or economic loss suffered by you arising from the conduct for which the accused person was found not criminally responsible on account of mental disorder, as well as a description of the impact that the conduct has had on you. You may attach additional pages if you need more space.
Your statement must not include
• any statement about the conduct of the accused that is not relevant to the harm or loss suffered by you;
• any unproven allegations;
• any comments about any conduct for which the accused was not found not criminally responsible;
• any complaint about any individual, other than the accused, who was involved in the investigation or prosecution of the offence; or
• except with the court’s or Review Board’s approval, an opinion or recommendation about the disposition.
The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information.
Emotional impact
Describe how the accused’s conduct has affected you emotionally. For example, think of
• your lifestyle and activities;
• your relationships with others such as your spouse, family and friends;
• your ability to work, attend school or study; and
• your feelings, emotions and reactions as these relate to the conduct.
Physical impact
Describe how the accused’s conduct has affected you physically. For example, think of
• ongoing physical pain, discomfort, illness, scarring, disfigurement or physical limitation;
• hospitalization or surgery you have had because of the conduct of the accused;
• treatment, physiotherapy or medication you have been prescribed;
• the need for any further treatment or the expectation that you will receive further treatment; and
• any permanent or long-term disability.
Economic impact
Describe how the accused’s conduct has affected you financially. For example, think of
• the value of any property that was lost or damaged and the cost of repairs or replacement;
• any financial loss due to missed time from work;
• the cost of any medical expenses, therapy or counselling; and
• any costs or losses that are not covered by insurance.
Please note that this is not an application for compensation or restitution.
Fears for security
Describe any fears you have for your security or that of your family and friends. For example, think of
• concerns with respect to contact with the accused; and
• concerns with respect to contact between the accused and members of your family or close friends.
Drawing, poem or letter
You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the accused’s conduct has had on you.
□ I would like to read or present my statement (in court or before the Review Board).
□ I would like to receive information respecting any hearings held to make or review a disposition in respect of the accused.
□ I would like to receive information respecting any disposition made in respect of the accused.
□ If the accused is discharged absolutely or conditionally, I would like to receive notice of that discharge and of the accused’s intended place of residence.
To the best of my knowledge, the information contained in this statement is true.
Dated this day of 20, at .
Signature of declarant
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