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:

1. the purpose of the correctional system and principles that guide the Correctional Service of Canada (CSC) and specific measures governing its operations (Part I);
2. 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,
3. 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.