Corrections and Conditional Release Act (S.C. 1992, c. 20)

Marginal note:Annual review of orders

• 131 (1) The Board shall review every order made under subsection 130(3) within one year after the date the order was made, and thereafter within one year after the date of each preceding review while the offender remains subject to the order.

• Marginal note:Schedule I offence

  (1.1) Despite subsection (1), if the order made under subsection 130(3) relates to an offender who is serving a sentence imposed for an offence set out in Schedule I whose commission caused the death of or serious harm to another person, the Board shall review the order within two years after the date the order was made, and thereafter within two years after the date of each preceding review while the offender remains subject to the order.

• Marginal note:Board to inquire

  (2) The Board shall cause such inquiries to be conducted in connection with each review under subsection (1) as it considers necessary to determine whether there is sufficient new information concerning the offender to justify modifying the order or making a new order.

• Marginal note:Board’s powers on review

  (3) The Board, on completing a review under subsection (1), shall

  • (a) with respect to an order made under subsection 130(3) or paragraph 130(3.3)(b),

    • (i) confirm the order,

    • (ii) order the statutory release of the offender subject to the condition that the offender reside in a community-based residential facility, psychiatric facility or, subject to subsection (4), a penitentiary designated pursuant to subsection (5), where the offender has been detained for a period during statutory release and the Board is satisfied that the condition is reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender, or

    • (iii) order the statutory release of the offender without such a residence requirement; or

  • (b) with respect to an order made under subparagraph (3)(a)(ii),

    • (i) confirm or modify the order, or

    • (ii) order the statutory release of the offender without such a residence requirement.

• Marginal note:Consent of Commissioner

  (4) A condition under subparagraph (3)(a)(ii) that an offender reside in a penitentiary designated pursuant to subsection (5) is valid only if consented to in writing by the Commissioner or a person designated, by name or by position, by the Commissioner.

• Marginal note:Designation

  (5) The Commissioner may designate penitentiaries for the purposes of orders made under subparagraph (3)(a)(ii).

Marginal note:Relevant factors in detention reviews

• 132 (1) For the purposes of the review and determination of the case of an offender pursuant to section 129, 130 or 131, the Service, the Commissioner or the Board, as the case may be, shall take into consideration any factor that is relevant in determining the likelihood of the commission of an offence causing the death of or serious harm to another person before the expiration of the offender’s sentence according to law, including

  • (a) a pattern of persistent violent behaviour established on the basis of any evidence, in particular,

    • (i) the number of offences committed by the offender causing physical or psychological harm,

    • (ii) the seriousness of the offence for which the sentence is being served,

    • (iii) reliable information demonstrating that the offender has had difficulties controlling violent or sexual impulses to the point of endangering the safety of any other person,

    • (iv) the use of a weapon in the commission of any offence by the offender,

    • (v) explicit threats of violence made by the offender,

    • (vi) behaviour of a brutal nature associated with the commission of any offence by the offender, and

    • (vii) a substantial degree of indifference on the part of the offender as to the consequences to other persons of the offender’s behaviour;

  • (b) medical, psychiatric or psychological evidence of such likelihood owing to a physical or mental illness or disorder of the offender;

  • (c) reliable information compelling the conclusion that the offender is planning to commit an offence causing the death of or serious harm to another person before the expiration of the offender’s sentence according to law; and

  • (d) the availability of supervision programs that would offer adequate protection to the public from the risk the offender might otherwise present until the expiration of the offender’s sentence according to law.

• Marginal note:Idem

  (1.1) For the purposes of the review and determination of the case of an offender pursuant to section 129, 130 or 131, the Service, the Commissioner or the Board, as the case may be, shall take into consideration any factor that is relevant in determining the likelihood of the commission of a sexual offence involving a child before the expiration of the offender’s sentence according to law, including

  • (a) a pattern of persistent sexual behaviour involving children established on the basis of any evidence, in particular,

    • (i) the number of sexual offences involving a child committed by the offender,

    • (ii) the seriousness of the offence for which the sentence is being served,

    • (iii) reliable information demonstrating that the offender has had difficulties controlling sexual impulses involving children,

    • (iv) behaviour of a sexual nature associated with the commission of any offence by the offender, and

    • (v) a substantial degree of indifference on the part of the offender as to the consequences to other persons of the offender’s behaviour;

  • (b) reliable information about the offender’s sexual preferences indicating that the offender is likely to commit a sexual offence involving a child before the expiration of the offender’s sentence according to law;

  • (c) medical, psychiatric or psychological evidence of the likelihood of the offender committing such an offence owing to a physical or mental illness or disorder of the offender;

  • (d) reliable information compelling the conclusion that the offender is planning to commit such an offence; and

  • (e) the availability of supervision programs that would offer adequate protection to the public from the risk the offender might otherwise present until the expiration of the offender’s sentence according to law.

• Marginal note:Idem

  (2) For the purposes of the review and determination of the case of an offender pursuant to section 129, 130 or 131, the Service, the Commissioner or the Board, as the case may be, shall take into consideration any factor that is relevant in determining the likelihood of the commission of a serious drug offence before the expiration of the offender’s sentence according to law, including

  • (a) a pattern of persistent involvement in drug-related crime established on the basis of any evidence, in particular,

    • (i) the number of drug-related offences committed by the offender,

    • (ii) the seriousness of the offence for which the sentence is being served,

    • (iii) the type and quantity of drugs involved in any offence committed by the offender,

    • (iv) reliable information demonstrating that the offender remains involved in drug-related activities, and

    • (v) a substantial degree of indifference on the part of the offender as to the consequences to other persons of the offender’s behaviour;

  • (b) medical, psychiatric or psychological evidence of such likelihood owing to a physical or mental illness or disorder of the offender;

  • (c) reliable information compelling the conclusion that the offender is planning to commit a serious drug offence before the expiration of the offender’s sentence according to law; and

  • (d) the availability of supervision programs that would offer adequate protection to the public from the risk the offender might otherwise present until the expiration of the offender’s sentence according to law.

Conditions of Release

Definition of releasing authority

• 133 (1) In this section, releasing authority means

  • (a) the Board, in respect of

    • (i) parole,

    • (ii) statutory release, or

    • (iii) unescorted temporary absences authorized by the Board under subsection 116(1);

  • (b) the Commissioner, in respect of unescorted temporary absences authorized by the Commissioner under subsection 116(2); or

  • (c) the institutional head, in respect of unescorted temporary absences authorized by the institutional head under subsection 116(2).

• Marginal note:Conditions of release

  (2) Subject to subsection (6), every offender released on parole, statutory release or unescorted temporary absence is subject to the conditions prescribed by the regulations.

• Marginal note:Conditions set by releasing authority

  (3) 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 society and to facilitate the offender’s successful reintegration into society. For greater certainty, the conditions may include any condition regarding the offender’s use of drugs or alcohol, including in cases when that use has been identified as a risk factor in the offender’s criminal behaviour.

• 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, property damage or loss suffered by them as a result of the commission of an offence or its continuing impact 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).

• Marginal note:Residence requirement

  (4) Where, in the opinion of the releasing authority, the circumstances of the case so justify, the releasing authority may require an offender, as a condition of parole or unescorted temporary absence, to reside in a community-based residential facility.

• Marginal note:Residence requirement

  (4.1) In order to facilitate the successful reintegration into society of an offender, the releasing authority may, as a condition of statutory release, require that the offender reside in a community-based residential facility or a psychiatric facility if the releasing authority is satisfied that, in the absence of such a condition, the offender will present an undue risk to society by committing, before the expiration of their sentence according to law, an offence set out in Schedule I or an offence under section 467.11, 467.12 or 467.13 of the Criminal Code.

• Definition of community-based residential facility

  (4.2) In subsection (4.1), community-based residential facility includes a community correctional centre but does not include any other penitentiary.

• Marginal note:Not necessary to determine particular offence

  (4.3) For the purposes of subsection (4.1), the releasing authority is not required to determine whether the offender is likely to commit any particular offence.

• Marginal note:Consent of commissioner

  (4.4) A condition under subsection (4.1) that an offender reside in a community correctional centre is valid only if consented to in writing by the Commissioner or a person designated, by name or by position, by the Commissioner.

• Marginal note:Duration of conditions

  (5) A condition imposed pursuant to subsection (3), (4) or (4.1) is valid for such period as the releasing authority specifies.

• Marginal note:Relief from conditions

  (6) The releasing authority may, in accordance with the regulations, before or after the release of an offender,

  • (a) in respect of conditions referred to in subsection (2), relieve the offender from compliance with any such condition or vary the application to the offender of any such condition; or

  • (b) in respect of conditions imposed under subsection (3), (4) or (4.1), remove or vary any such condition.

• Marginal note:Obligation — removal or variance of condition

  (7) Before removing or varying any condition imposed under subsection (3.1) on an offender, the releasing authority shall take reasonable steps to inform every victim or person that 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.

Marginal note:Instructions to released offenders

• 134 (1) An offender who has been released on parole, statutory release or unescorted temporary absence shall comply with any instructions given by a member of the Board or a person designated, by name or by position, by the Chairperson of the Board or the Commissioner, or given by the institutional head or by the offender’s parole supervisor, respecting any conditions of parole, statutory release or unescorted temporary absence in order to prevent a breach of any condition or to protect society.

• (2) [Repealed, 2012, c. 1, s. 87]

Conditions for Long-Term Supervision

Marginal note:Conditions for long-term supervision

• 134.1 (1) Subject to subsection (4), every offender who is required to be supervised by a long-term supervision order is subject to the conditions prescribed by subsection 161(1) of the Corrections and Conditional Release Regulations, with such modifications as the circumstances require.

• Marginal note:Conditions set by Board

  (2) The Board may establish conditions for the long-term supervision of the offender that it considers reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender.

• 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:Relief from conditions

  (4) The Board may, in accordance with the regulations, at any time during the long-term supervision of an offender,

  • (a) in respect of conditions referred to in subsection (1), relieve the offender from compliance with any such condition or vary the application to the offender of any such condition; or

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

• 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.