Criminal Code (R.S.C., 1985, c. C-46)

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.

• Marginal note:Reduction in term of long-term supervision

  (2) A court that imposes a sentence of imprisonment under subsection (1) may order a reduction in the length of the period of the offender’s long-term supervision.

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

  • (a) the Attorney General of the province in which the offender was tried has, either before or after the making of the application, consented to the application;

  • (b) at least seven days notice has been given to the offender by the prosecutor, following the making of the application, outlining the basis on which it is intended to found the application; and

  • (c) a copy of the notice has been filed with the clerk of the court or the provincial court judge, as the case may be.

• Marginal note:By court alone

  (2) An application under this Part shall be heard and determined by the court without a jury.

• Marginal note:When proof unnecessary

  (3) For the purposes of an application under this Part, where an offender admits any allegations contained in the notice referred to in paragraph (1)(b), no proof of those allegations is required.

• Marginal note:Proof of consent

  (4) The production of a document purporting to contain any nomination or consent that may be made or given by the Attorney General under this Part and purporting to be signed by the Attorney General is, in the absence of any evidence to the contrary, proof of that nomination or consent without proof of the signature or the official character of the person appearing to have signed the document.

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.

756 [Repealed, 1997, c. 17, s. 5]

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:Presence of accused at hearing of application

• 758 (1) The offender shall be present at the hearing of the application under this Part and if at the time the application is to be heard

  • (a) he is confined in a prison, the court may order, in writing, the person having the custody of the accused to bring him before the court; or

  • (b) he is not confined in a prison, the court shall issue a summons or a warrant to compel the accused to attend before the court and the provisions of Part XVI relating to summons and warrant are applicable with such modifications as the circumstances require.

• Marginal note:Exception

  (2) Notwithstanding subsection (1), the court may

  • (a) cause the offender to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the proceedings in his presence would not be feasible; or

  • (b) permit the offender to be out of court during the whole or any part of the hearing on such conditions as the court considers proper.

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.

• (1.1) [Repealed, 2008, c. 6, s. 51]

• 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.

• (3.1) and (3.2) [Repealed, 2008, c. 6, s. 51]

• 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.

• (4.1) to (5) [Repealed, 2008, c. 6, s. 51]

• Marginal note:Commencement of sentence

  (6) Notwithstanding subsection 719(1), a sentence imposed on an offender by the court of appeal pursuant to this section shall be deemed to have commenced when the offender was sentenced by the court by which he was convicted.

• Marginal note:Part XXI applies re appeals

  (7) The provisions of Part XXI with respect to procedure on appeals apply, with such modifications as the circumstances require, to appeals under this section.

Marginal note:Disclosure to Correctional Service of Canada

760 Where a court finds an offender to be a dangerous offender or a long-term offender, the court shall order that a copy of all reports and testimony given by psychiatrists, psychologists, criminologists and other experts and any observations of the court with respect to the reasons for the finding, together with a transcript of the trial of the offender, be forwarded to the Correctional Service of Canada for information.

Marginal note:Review for parole

• 761 (1) Subject to subsection (2), where a person is in custody under a sentence of detention in a penitentiary for an indeterminate period, the Parole Board of Canada shall, as soon as possible after the expiration of seven years from the day on which that person was taken into custody and not later than every two years after the previous review, review the condition, history and circumstances of that person for the purpose of determining whether he or she should be granted parole under Part II of the Corrections and Conditional Release Act and, if so, on what conditions.

• Marginal note:Idem

  (2) Where a person is in custody under a sentence of detention in a penitentiary for an indeterminate period that was imposed before October 15, 1977, the Parole Board of Canada shall, at least once in every year, review the condition, history and circumstances of that person for the purpose of determining whether he should be granted parole under Part II of the Corrections and Conditional Release Act and, if so, on what conditions.

PART XXVEffect and Enforcement of Undertakings, Release Orders and Recognizances

Marginal note:Applications for forfeiture

• 762 (1) Applications for the forfeiture of an amount set out in an undertaking, release order or recognizance must be made to the courts designated in column II of the schedule of the respective provinces designated in column I of the schedule.

• Marginal note:Definitions

  (2) In this Part,

  clerk of the court

  clerk of the court means the officer designated in column III of the schedule in respect of the court designated in column II of the schedule; (greffier du tribunal)

  schedule

  schedule means the schedule to this Part. (annexe)

Marginal note:Undertaking or release order binding on person

• 763 (1) If a person is bound by an undertaking, release order or recognizance to appear before a court, provincial court judge or justice for any purpose and the session or sittings of that court or the proceedings are adjourned or an order is made changing the place of trial, that person and their sureties continue to be bound by the undertaking, release order or recognizance as if it had been entered into or issued with respect to the resumed proceedings or the trial at the time and place at which the proceedings are ordered to be resumed or the trial is ordered to be held.

• Marginal note:Summary of certain provisions

  (2) A summary of section 763 must be set out in any undertaking, release order or recognizance.

Marginal note:Undertaking or release order binding on accused

• 764 (1) If an accused is bound by an undertaking or release order to appear for trial, their arraignment or conviction does not cancel the undertaking or release order, and it continues to bind them and their sureties for their appearance until the accused is discharged or sentenced, as the case may be.

• Marginal note:Committal or new sureties

  (2) Despite subsection (1), the court, provincial court judge or justice may commit an accused to prison or may require them to furnish new or additional sureties for their appearance until the accused is discharged or sentenced, as the case may be.

• Marginal note:Effect of committal

  (3) The sureties of an accused who is bound by a release order to appear for trial are discharged if the accused is committed to prison under subsection (2).

• Marginal note:Summary of certain provisions

  (4) A summary of subsections (1) to (3) must be set out in any undertaking or release order.

Marginal note:Effect of subsequent arrest

765 If an accused is bound by an undertaking or a release order to appear for trial, their arrest on another charge does not cancel the undertaking or release order, and it continues to bind them and their sureties for their appearance until the accused is discharged or sentenced, as the case may be, in respect of the offence to which the undertaking or release order relates.

Marginal note:Render of accused by sureties

• 766 (1) A surety for a person who is subject to a release order or recognizance may, by an application in writing to a court, provincial court judge or justice, apply to be relieved of their obligation under the release order or recognizance, and the court, provincial court judge or justice shall then make an order in writing for committal of that person to the prison named in that order.

• Marginal note:Arrest

  (2) An order issued by a court, provincial court judge or justice under subsection (1) must be given to the surety and, on receipt of it, the surety or any peace officer may arrest the person named in the order and deliver that person with the order to the keeper of the prison named in the order, and the keeper shall receive and imprison that person until the person is discharged according to law.

• Marginal note:Certificate and entry of render

  (3) If a court, provincial court judge or justice issues an order under subsection (1) and receives from the sheriff a certificate that the person named in the order has been committed to prison under subsection (2), the court, provincial court judge or justice shall order an entry of the committal to be endorsed on the release order or recognizance, as the case may be.

• Marginal note:Discharge of sureties

  (4) An endorsement under subsection (3) cancels the release order or recognizance, as the case may be, and discharges the sureties.

Marginal note:Render of accused in court by sureties

767 A surety for a person who is subject to a release order or recognizance may bring that person before the court where the person is required to appear or where the person entered into the recognizance at any time during the sittings of that court and before the person’s trial, and the surety may discharge their obligation under the release order or recognizance by giving that person into the custody of the court. The court shall then commit that person to prison until the person is discharged according to law.

Marginal note:Substitution of surety

• 767.1 (1) If a surety for a person who is subject to a release order or recognizance has given the person into the custody of a court under section 767, or a surety applies to be relieved of their obligation under the release order or recognizance under subsection 766(1), the court, justice or provincial court judge, as the case may be, may, instead of committing or issuing an order for the committal of the person to prison, substitute any other suitable person for the surety under the release order or recognizance.

• Marginal note:Signing of release order or recognizance by new sureties

  (2) If a person substituted for a surety under a release order or recognizance under subsection (1) signs the release order or recognizance, the original surety is discharged, but the release order or recognizance is not otherwise affected.