Tackling Violent Crime Act (S.C. 2008, c. 6)
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Assented to 2008-02-28
R.S., c. C-46CRIMINAL CODE
43. The Act is amended by adding the following after section 753:
Marginal note:Application for remand for assessment — later conviction
753.01 (1) If an offender who is found to be a dangerous offender is later convicted of a serious personal injury offence or an offence under subsection 753.3(1), on application by the prosecutor, the court shall, by order in writing, before sentence is imposed, remand the offender, for a period not exceeding 60 days, to the custody of a person designated by the court who can perform an assessment or have an assessment performed by experts for use as evidence in an application under subsection (4).
Marginal note:Report
(2) The person to whom the offender is remanded shall file a report of the assessment with the court not later than 30 days after the end of the assessment period and make copies of it available to the prosecutor and counsel for the offender.
Marginal note:Extension of time
(3) On application by the prosecutor, the court may extend the period within which the report must be filed by a maximum of 30 days if the court is satisfied that there are reasonable grounds to do so.
Marginal note:Application for new sentence or order
(4) After the report is filed, the prosecutor may apply for a sentence of detention in a penitentiary for an indeterminate period, or for an order that the offender be subject to a new period of long-term supervision in addition to any other sentence that may be imposed for the offence.
Marginal note:Sentence of indeterminate detention
(5) If the application is for a sentence of detention in a penitentiary for an indeterminate period, the court shall impose that sentence unless it is satisfied by the evidence adduced during the hearing of the application that there is a reasonable expectation that a sentence for the offence for which the offender has been convicted — with or without a new period of long-term supervision — will adequately protect the public against the commission by the offender of murder or a serious personal injury offence.
Marginal note:New long-term supervision
(6) If the application is for a new period of long-term supervision, the court shall order that the offender be subject to a new period of long-term supervision in addition to a sentence for the offence for which they have been convicted unless it is satisfied by the evidence adduced during the hearing of the application that there is a reasonable expectation that the sentence alone will adequately protect the public against the commission by the offender of murder or a serious personal injury offence.
Marginal note:Victim evidence
753.02 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).
Marginal note:1997, c. 17, s. 4
44. (1) Subsection 753.1(3) of the Act is replaced by the following:
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:1997, c. 17, s. 4
(2) Subsections 753.1(4) and (5) are repealed.
Marginal note:1997, c. 17, s. 4
45. (1) The portion of subsection 753.2(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Long-term supervision
753.2 (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
Marginal note:1997, c. 17, s. 4
(2) Subsection 753.2(2) of the Act is replaced by the following:
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:1997, c. 17, s. 4
(3) Subsection 753.2(3) of the French version of the Act is replaced by the following:
Marginal note:Réduction de la période de surveillance
(3) Le délinquant soumis à une surveillance de longue durée peut — tout comme un membre de la Commission nationale des libérations conditionnelles ou, avec l’approbation de celle-ci, son surveillant de liberté conditionnelle au sens du paragraphe 134.2(2) de la Loi sur le système correctionnel et la mise en liberté sous condition — demander à la cour supérieure de juridiction criminelle de réduire la période de surveillance ou d’y mettre fin pour le motif qu’il ne présente plus un risque élevé de récidive et, de ce fait, n’est plus une menace pour la collectivité, le fardeau de la preuve incombant au demandeur.
Marginal note:1997, c. 17, s. 4
46. Subsection 753.3(1) of the Act is replaced by the following:
Marginal note:Breach of long-term supervision
753.3 (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:1997, c. 17, s. 4
47. Subsection 753.4(1) of the Act is replaced by the following:
Marginal note:New offence
753.4 (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.
48. (1) The portion of subsection 754(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Hearing of application
754. (1) With the exception of an application for remand for assessment, the court may not hear an application made under this Part unless
(2) Paragraph 754(1)(b) of the French version of the Act is replaced by the following:
b) le poursuivant a donné au délinquant un préavis d’au moins sept jours francs après la présentation de la demande indiquant ce sur quoi la demande se fonde;
49. The Act is amended by adding the following after section 754:
Marginal note:Exception to long-term supervision — life sentence
755. (1) The court shall not order that an offender be subject to long-term supervision if they have been sentenced to life imprisonment.
Marginal note:Maximum length of long-term supervision
(2) The periods of long-term supervision to which an offender is subject at any particular time must not total more than 10 years.
Marginal note:1997, c. 17, s. 5
50. Section 757 of the Act is replaced by the following:
Marginal note:Evidence of character
757. Without prejudice to the right of the offender to tender evidence as to their character and repute, if the court thinks fit, evidence of character and repute may be admitted
(a) on the question of whether the offender is or is not a dangerous offender or a long-term offender; and
(b) in connection with a sentence to be imposed or an order to be made under this Part.
Marginal note:1997, c. 17, s. 6
51. Subsections 759(1) to (5) of the Act are replaced by the following:
Marginal note:Appeal — offender
759. (1) An offender who is found to be a dangerous offender or a long-term offender may appeal to the court of appeal from a decision made under this Part on any ground of law or fact or mixed law and fact.
Marginal note:Appeal — Attorney General
(2) The Attorney General may appeal to the court of appeal from a decision made under this Part on any ground of law.
Marginal note:Disposition of appeal
(3) The court of appeal may
(a) allow the appeal and
(i) find that an offender is or is not a dangerous offender or a long-term offender or impose a sentence that may be imposed or an order that may be made by the trial court under this Part, or
(ii) order a new hearing, with any directions that the court considers appropriate; or
(b) dismiss the appeal.
Marginal note:Effect of decision
(4) A decision of the court of appeal has the same force and effect as if it were a decision of the trial court.
Marginal note:2002, c. 13, s. 81(1)
52. Subsection 810.1(3) of the Act is replaced by the following:
Marginal note:Adjudication
(3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period that does not exceed 12 months.
Marginal note:Duration extended
(3.01) However, if the provincial court judge is also satisfied that the defendant was convicted previously of a sexual offence in respect of a person who is under the age of 14 years, the judge may order that the defendant enter into the recognizance for a period that does not exceed two years.
Marginal note:Conditions in recognizance
(3.02) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that
(a) prohibit the defendant from engaging in any activity that involves contact with persons under the age of 14 years, including using a computer system within the meaning of subsection 342.1(2) for the purpose of communicating with a person under that age;
(b) prohibit the defendant from attending a public park or public swimming area where persons under the age of 14 years are present or can reasonably be expected to be present, or a daycare centre, schoolground or playground;
(c) require the defendant to participate in a treatment program;
(d) require the defendant to wear an electronic monitoring device, if the Attorney General makes the request;
(e) require the defendant to remain within a specified geographic area unless written permission to leave that area is obtained from the provincial court judge;
(f) require the defendant to return to and remain at his or her place of residence at specified times; or
(g) require the defendant to abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance.
Marginal note:Conditions — firearms
(3.03) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.
Marginal note:Surrender, etc.
(3.04) If the provincial court judge adds a condition described in subsection (3.03) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession should be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant should be surrendered.
Marginal note:Condition — reporting
(3.05) The provincial court judge shall consider whether it is desirable to require the defendant to report to the correctional authority of a province or to an appropriate police authority. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance.
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