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  (2) Subsections 753.1(4) and (5) are repealed.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:1997, c. 17, s. 4

47. Subsection 753.4(1) of the Act is replaced by the following:

• 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:1997, c. 17, s. 5

50. Section 757 of the Act is replaced by the following:

Marginal note:1997, c. 17, s. 6

51. Subsections 759(1) to (5) of the Act are replaced by the following:

Marginal note:2002, c. 13, s. 81(1)

52. Subsection 810.1(3) of the Act is replaced by the following:

Marginal note:1997, c.17, s. 9(1)

• 53. (1) Subsection 810.2(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

    (3.1) However, if the provincial court judge is also satisfied that the defendant was convicted previously of an offence referred to in subsection (1), the judge may order that the defendant enter into the recognizance for a period that does not exceed two years.

• Marginal note:1997, c. 17, ss. 9(1) and (2)

  (2) Subsections 810.2(5) to (6) of the Act are replaced by the following:

  • Marginal note:Conditions in recognizance

    (4.1) 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 require the defendant

    • (a) to participate in a treatment program;

    • (b) to wear an electronic monitoring device, if the Attorney General makes the request;

    • (c) to remain within a specified geographic area unless written permission to leave that area is obtained from the provincial court judge;

    • (d) to return to and remain at his or her place of residence at specified times; or

    • (e) 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

    (5) 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.

    (5.1) If the provincial court judge adds a condition described in subsection (5) 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:Reasons

    (5.2) If the provincial court judge does not add a condition described in subsection (5) to a recognizance, the judge shall include in the record a statement of the reasons for not adding the condition.

  • Marginal note:Condition — reporting

    (6) 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.

Marginal note:Replacement of “fourteen years” with “16 years”

54. The Act is amended by replacing the words “fourteen years” with the words “16 years” wherever they occur in the following provisions:

• (a) subsection 150.1(4);

• (b) sections 151 and 152;

• (c) subsection 153(2);

• (d) subsection 160(3);

• (e) subsection 161(1);

• (f) paragraphs 170(a) and (b);

• (g) paragraphs 171(a) and (b);

• (h) subsection 173(2);

• (i) paragraphs 273.3(1)(a) and (b); and

• (j) subsection 810.1(1) and paragraphs 810.1(3)(a) and (b).

CONSEQUENTIAL AMENDMENTS

R.S., c. A-2Aeronautics Act

Marginal note:1992, c. 1, s. 3

55. Section 8.6 of the Aeronautics Act is replaced by the following:

1992, c. 20Corrections and Conditional Release Act

Marginal note:1997, c. 17, s. 11

56. The definition “long-term supervision” in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:

57. Paragraph 1(r) of Schedule I to the Act is replaced by the following:

R.S., c. C-47Criminal Records Act

Marginal note:2000, c. 1, s. 8.1

• 58. (1) Paragraphs 1(b) to (d) of the schedule to the Criminal Records Act are replaced by the following:

  (b) section 151 (sexual interference with a person under 16);

  (c) section 152 (invitation to a person under 16 to sexual touching);

  (d) section 153 (sexual exploitation of a person 16 or more but under 18);

• Marginal note:2000, c. 1, s. 8.1

  (2) Paragraph 1(h) of the schedule to the Act is replaced by the following:

  (h) subsection 160(3) (bestiality in the presence of a person under 16 or inciting a person under 16 to commit bestiality);

• Marginal note:2000, c. 1, s. 8.1

  (3) Paragraphs 1(x) and (y) of the schedule to the Act are replaced by the following:

  (x) paragraph 273.3(1)(a) (removal of child under 16 from Canada for purposes of listed offences);

  (y) paragraph 273.3(1)(b) (removal of child 16 or more but under 18 from Canada for purpose of listed offence);