Short Title Short title 1 This Act may be cited as the Addressing the Continuing Victimization of Homicide Victims’ Families Act . R.S., c. C-46 Criminal Code 2 The Criminal Code is amended by adding the following after section 718.04: Aggravating circumstance — body or remains 718.05 (1) When a court imposes a sentence for an offence in relation to the death of a person, if it is satisfied that the offender has information respecting the location of the body or remains of the person but refuses to provide persons in authority with that information, the court shall, in order to denounce and deter such behaviour, consider the refusal as an aggravating circumstance. Reasons (2) If the court is satisfied of the existence of the aggravating circumstance referred to in subsection (1) but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision. 3 Section 743.6 of the Act is amended by adding the following after subsection (1.2): Power of court to delay parole (1.3) Despite section 120 of the Corrections and Conditional Release Act , if an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, on conviction for an offence in relation to the death of a person and the court is satisfied that the offender has information respecting the location of the body or remains of the person but refuses to provide it to persons in authority, the court shall order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less, unless the court is satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society’s denunciation of the offence and the objectives of specific and general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act . Revocation of parole order (1.4) The court shall revoke the order made under subsection (1.3) if it is satisfied that the circumstances for which it was made have ceased to exist. 1992, c. 20 Corrections and Conditional Release Act 4 Paragraph 4(a) of the Corrections and Conditional Release Act is replaced by the following: (a) the sentence is carried out having regard to all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the offender, information from the trial or sentencing process, any order made under subsection 743.6(1.3) of the Criminal Code , the release policies of and comments from the Parole Board of Canada and information obtained from victims, offenders and other components of the criminal justice system; 5 Paragraph 101(a) of the Act is replaced by the following: (a) parole boards take into consideration all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the offender, information from the trial or sentencing process, any order made under subsection 743.6(1.3) of the Criminal Code , and information obtained from victims, offenders and other components of the criminal justice system, including assessments provided by correctional authorities; 6 Section 102 of the Act is renumbered as subsection 102(1) and is amended by adding the following: Refusing to grant parole (2) The Board or a provincial parole board may refuse to grant parole to an offender who has been sentenced for an offence in relation to the death of a person if it is satisfied that the offender has information respecting the location of the body or remains of the person but refuses to provide it to persons in authority. 7 Section 116 of the Act is amended by adding the following after subsection (1): Refusal to authorize (1.1) The Board may refuse to authorize the unescorted temporary absence of an offender who has been sentenced for an offence in relation to the death of a person if it is satisfied that the offender has information respecting the location of the body or remains of the person but refuses to provide it to persons in authority.
R.S., c. P-20 Prisons and Reformatories Act 8 Section 7.3 of the Prisons and Reformatories Act is amended by adding the following after subsection (2): Eligibility — consideration (3) The designated authority may refuse to authorize the temporary absence of a prisoner who has been sentenced for an offence in relation to the death of a person if it is satisfied that the prisoner has information respecting the location of the body or remains of the person but refuses to provide it to persons in authority.
