Bill C-598: An Act to amend the Immigration and Refugee Protection Act and the Corrections and Conditional Release Act (notification of victims)

C-598 Second Session, Forty-first Parliament, 62-63 Elizabeth II, 2013-2014 HOUSE OF COMMONS OF CANADA BILL C-598 An Act to amend the Immigration and Refugee Protection Act and the Corrections and Conditional Release Act (notification of victims) first reading, May 15, 2014 Mr. Allen (Welland) 412010 SUMMARY This enactment amends the Immigration and Refugee Protection Act to allow a victim of an offence committed by a permanent resident or a foreign national to submit a statement to the Immigration Division to be taken into consideration when a decision is made concerning the release of that permanent resident or foreign national. It also amends that Act to require the Minister of Public Safety and Emergency Preparedness to notify such victims when the permanent resident or foreign national in question is removed from the country — or detained for the purpose of such removal — or illegally re-enters Canada after being removed. In addition, this enactment amends the Corrections and Conditional Release Act to require the Correctional Service of Canada to provide the Minister of Public Safety and Emergency Preparedness with all information under its control that is relevant to the release of permanent residents and foreign nationals and the notification of victims under the Immigration and Refugee Protection Act. Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 2nd Session, 41st Parliament, 62-63 Elizabeth II, 2013-2014 house of commons of canada BILL C-598 An Act to amend the Immigration and Refugee Protection Act and the Corrections and Conditional Release Act (notification of victims) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 2001, c. 27 IMMIGRATION AND REFUGEE PROTECTION ACT 1. (1) The Immigration and Refugee Protection Act is amended by adding the following after paragraph 58(1)(a): (a.1) they are likely to endanger the safety of any victim; (2) Section 58 of the Act is amended by adding the following after subsection (1): Victim statement (1.01) In considering whether to order the release of a permanent resident or a foreign national under this section, the Immigration Division shall, if practicable under the circumstances, allow every victim of an offence committed in Canada by the permanent resident or foreign national to submit a statement to the Immigration Division in a format that it considers appropriate, describing the harm done to them or loss suffered by them as a result of the commission of the offence and the continuing impact of the commission of the offence — including any safety concerns — and commenting on the possible release of the permanent resident or foreign national. Notification of victims (1.02) If the Immigration Division orders the release of a permanent resident or a foreign national under this section, it shall, subject to subsection (1.03) and as soon as practicable, notify every victim referred to in subsection (1.01) who has advised the Immigration Division in writing that they wish to be notified of the release and of the last known whereabouts of the permanent resident or foreign national. Opinion of Chairperson (1.03) The Immigration Division may notify the victim of the release of a permanent resident or a foreign national and of the last known whereabouts of the permanent resident or foreign national only if, in the opinion of the Chairperson of the Board, the interest of the victim in the disclosure of this information clearly outweighs any invasion of the permanent resident’s or foreign national’s privacy that could result from such disclosure. Definitions (1.04) The following definitions apply in this subsection, in subsections (1.01), (1.02) and (1.03) and in section 58.2. “offence”« infraction » “offence” means an offence that involves (a) the use or attempted use of violence against another person; or (b) conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psycho- logical damage on another person. “victim”« victime » “victim” means a person in Canada who has suffered physical or emotional harm, property damage or economic loss as the result of the commission or alleged commission of an offence. 2. The Act is amended by adding the following after section 58.1: Notification of removal 58.2 (1) When the Minister obtains information that a permanent resident or a foreign national has, pursuant to a removal order, been removed from Canada or been detained for the purpose of removal from Canada, the Minister shall, subject to subsection (2) and as soon as practicable, provide this information to every victim of an offence committed in Canada by the permanent resident or foreign national if the victim has advised the Immigration Division in writing that they wish to be so informed. Opinion of Minister (2) The Minister may inform the victim of the removal from Canada of a permanent resident or a foreign national or of his or her detention for the purpose of removal from Canada only if, in the opinion of the Minister, the interest of the victim in the disclosure of this information clearly outweighs any invasion of the permanent resident’s or foreign national’s privacy that could result from such disclosure. Notification of re-entry (3) When the Minister obtains information that a foreign national who was removed from Canada pursuant to a removal order has re-entered Canada without the lawful authority to do so, the Minister shall, subject to subsection (4) and as soon as practicable, notify every victim of an offence committed in Canada by the foreign national if the victim has advised the Immigration Division in writing that they wish to be notified of (a) the foreign national’s re-entry into Canada; (b) the date on which and the place at which the re-entry took place, if known; and (c) the last known whereabouts of the foreign national. Opinion of Minister (4) The Minister may notify the victim of information relating to a foreign national referred to in paragraphs 3(a) to (c) only if, in the opinion of the Minister, the interest of the victim in the disclosure of this information clearly outweighs any invasion of the foreign national’s privacy that could result from such disclosure. New information (5) If, after a notification has been given under subsection (3), the Minister obtains new information about the whereabouts of the foreign national, the Minister shall, subject to subsection (6) and as soon as practicable, provide this information to the victim. Opinion of Minister (6) The Minister may notify the victim of new information relating to the whereabouts of the foreign national only if, in the opinion of the Minister, the interest of the victim in the disclosure of this information clearly outweighs any invasion of the foreign national’s privacy that could result from such disclosure. 1992, c. 20 CORRECTIONS AND CONDITIONAL RELEASE ACT 3. Section 25 of the Corrections and Conditional Release Act is amended by adding the following after subsection (3): Service to give information to Minister (4) The Service shall give to the Minister, at the appropriate times, all information under its control that is relevant to the release of permanent residents and foreign nationals under sections 56, 58 and 58.1 of the Immigration and Refugee Protection Act and the notification of victims under section 58.2 of that Act. Idem (5) No provision in the Privacy Act or the Access to Information Act shall operate so as to limit or prevent the Service from giving the information referred to in subsection (4). COMING INTO FORCE Order in Council 4. This Act comes into force on a day to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons