Backgrounder
Amendments to the Corrections and Conditional Release act and New Measures
The Corrections and Conditional Release Act (CCRA) was
proclaimed in 1992. It provides the legal framework for the correctional
system, and sets out:
- the purpose of the correctional system and principles that
guide the Correctional Service of Canada (CSC) and specific measures
governing its operations (Part I);
- the purpose of the conditional release system and principles
that guide the National Parole Board (NPB) and specific measures
governing its operations (Part II); and,
- the establishment of the Office of the Correctional Investigator
and specific measures governing its operation (Part III).
The CCRA contains a clause requiring a parliamentary review of
the provisions and operation of the Act. Accordingly, the Sub-committee
on Corrections and Conditional Release Act of the Standing Committee
on Justice and Human Rights began its review of the CCRA in February 1999.
In May 2000, the Sub-committee released its report, A Work
in Progress: The Corrections and Conditional Release Act, which
made 53 recommendations for changes to the Act. In its October
2000 response to the Sub-committee’s report, the Government
indicated that action would be taken on 46 of the recommendations
in the report.
While the majority of the Sub-committee’s recommendations
have been implemented, either through internal policy or program
measures, a number of the recommendations require legislative change.
In addition to these legislative changes, the Government is also
making a number of strategic investments to build a more effective
and responsive criminal justice system for Canadians.
The proposed amendments to CCRA and new program measures would:
Better meet the needs of victims of offenders under federal responsibility
- As of fall 2005, provide financial assistance to victims who
wish to attend NPB hearings for the offender who harmed them.
- Enshrine in law the right of victims to present a statement
at National Parole Board hearings.
- Revise the definition of victim to ensure that guardians/caregivers
of dependants of victims who are deceased, ill or otherwise incapacitated
can get the information that victims are permitted under the
law.
- Provide victims with access to a recording of the most recent
hearing held by the NPB regarding the offender who harmed them.
- Expand the type of information that can be provided to victims
to include information on offender program participation and
the reason(s) for offender transfers, with advance notice of
transfers to minimum security institutions, whenever possible.
- As
of fall 2005, a National Office for Victims of offenders under
federal responsibility will be created within the Department
of Public Safety and Emergency Preparedness. The office will
augment existing information services provided directly by the
CSC and the NPB by providing a centralized source of information
about victims’ entitlements under the CCRA and by providing
an avenue for complaints about federal corrections and conditional
release. The office will be co-located with the Department of
Justice Policy Centre for Victim Issues and will feature a new
national toll-free line.
Mental Health
- CSC is enhancing its overall capacity to provide ongoing assistance
to mentally ill offenders. This approach will better prepare
mentally disordered offenders for eventual release to communities
by assisting them in accessing an integrated continuum of professional
services that begins when the offender is admitted to the correctional
system.
- This strategy will result in the more effective reintegration
of mentally disordered offenders and a strengthened approach
to accessing community-based services.
Community Corrections Liaison Officer
- CSC has successfully piloted the co-location of police and
parole officers (Community Corrections Liaison Officers) in Toronto,
Montreal and Edmonton. Locating police officers in parole offices
has resulted in improved management of high-risk offenders through
greater cooperation and information sharing.
- Building on the success of these pilot projects, CSC will
work with police services to add 17 Community Corrections Liaison
Officer positions across Canada . This measure will allow for
earlier apprehension of unlawfully at large offenders, more effective
follow-up of higher-risk offenders and enhanced sharing of intelligence
information between criminal justice partners.
Tighten the provisions relating to the Accelerated Parole
Review (APR) process:
- Exclude from Accelerated Parole Review offenders convicted
of offences such as criminal organization offences; child pornography;
high treason; sexual exploitation of a person with a disability;
causing bodily harm with intent (using an air gun or pistol);
torture; luring a child by way of the Internet; and, dangerous
operation of motor vehicle during flight from police.
- Provide that, when reviewing the cases of offenders eligible
for APR, the NPB apply the higher test of general recidivism,
rather than the test of violent reoffending (as is the case under
current legislation).
- Increase the ineligibility period for Accelerated Day Parole
Review for offenders serving more than six years.
Streamline Temporary Absences
- Give CSC sole authority to grant Escorted Temporary Absences
to offenders serving a life sentence.
- Give CSC the authority to grant Unescorted Temporary Absences
to all offenders, with the exception of those serving a life
or indeterminate sentence, over which NPB would retain authority.
- Repeal the provisions relating to work release.
- Add to the purposes of both types of temporary absences, “a
structured program for work, educational, occupational and life
skills programs”, and to the purposes of Escorted Temporary
Absences, “group activities that foster pro-social behaviour”.
Review all Statutory Release Cases and Add to the Grounds for
Detention
- Legislate the requirement that CSC review all Statutory Release
cases to determine whether to refer the case to NPB for detention
review, and whether to recommend to NPB the imposition of special
conditions.
- Subject additional offenders to detention review to include
those convicted of a sexual offence against a child and who are
likely to commit an offence causing death or serious injury,
as well as child pornography; high treason; sexual exploitation
of a person with a disability; causing bodily harm with intent;
torture; and, luring a child by way of the Internet.
Other Amendments
- Increase the maximum number of full-time NPB members from
45 to 60.
- Ensure that the annual and special reports of the Correctional
Investigator include the full responses of the CSC.
- Allow for terminally ill offenders serving life or indeterminate
sentences to apply for early conditional release on humanitarian
grounds before their regular eligibility dates.
|