L-1.1 - Act to promote the parole of inmates

À jour au 22 octobre 1999

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chapter L-1.1

Act to promote the parole of inmates

CHAPTER I DEFINITIONS

1. In this Act, unless the context indicates a different meaning,

(a)  “commission” means the Commission québécoise des libérations conditionnelles established under section 2;

(b)  “inmate” means a person imprisoned in a house of detention for a term of imprisonment of six months or more following conviction under any law or regulation in force in Québec, but not a young person within the meaning of the Young Offenders Act (Revised Statutes of Canada, 1985, chapter Y-1) who is committed to custody pursuant to that Act, or a person found guilty of contempt of court in a civil or penal matter where a condition of the sentence imposed requires that the person return before the court;

(c)  “house of detention” means any establishment established under the Act respecting correctional services (chapter S-4.01);

(d)  “parole” or “conditional liberation” means the release of an inmate during a term of imprisonment;

(e)  “remission” means a remission of the term of imprisonment granted under the Act respecting correctional services, the Prisons and Reformatories Act (Revised Statutes of Canada, 1985, chapter P-20) or the Penitentiary Act (Revised Statutes of Canada, 1985, chapter P-5).

1978, c. 22, s. 1; 1991, c. 43, s. 22; 1998, c. 27, s. 1.

CHAPTER II ESTABLISHMENT OF THE COMMISSION QUÉBÉCOISE DES LIBÉRATIONS CONDITIONNELLES

2. A body is established under the name of “Commission québécoise des libérations conditionnelles”.

1978, c. 22, s. 2.

3. The commission is composed of not more than twelve full-time members including a chairman and a vice-chairman and at least one part-time member per region determined by regulation; they are appointed by the Government.

1978, c. 22, s. 3; 1981, c. 14, s. 36; 1988, c. 44, s. 1; 1991, c. 43, s. 1.

3.1. The chairman shall be responsible for the administration and general direction of the commission.

The functions of the chairman include coordinating and assigning the work of the members of the commission, defining the commission’s policies and ensuring that a high standard of quality and coherence is maintained in the commission’s decisions.

1998, c. 27, s. 2.

3.2. The vice-chairman shall replace the chairman when the latter is absent or unable to act or, if the position of chairman is vacant, until a new chairman is appointed; the vice-chairman shall, in such circumstances, exercise the functions and powers assigned to the chairman by this Act.

1998, c. 27, s. 2.

4. The full-time members are appointed for terms not to exceed five years and the other members for terms not to exceed three years.

1978, c. 22, s. 4; 1998, c. 27, s. 3.

5. The secretary and the other members of the staff of the commission are appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

1978, c. 22, s. 5; 1978, c. 15, s. 140; 1983, c. 55, s. 161.

6. The Government fixes the salary and the allowances of the full-time members and the fees and allowances of the other members of the commission.

The pension plan of the full-time members is that provided for by the Act respecting the Government and Public Employees Retirement Plan (chapter R-10).

1978, c. 22, s. 6; 1978, c. 18, s. 26.

7. Every member of the commission remains in office at the expiry of his term until he is reappointed or replaced.

1978, c. 22, s. 7.

8. The office of full-time member of the commission is incompatible with any other function.

1978, c. 22, s. 8.

9. If a member of the commission other than the chairman is absent or unable to act, the Government may appoint a person to replace him for as long as he is absent or unable to act.

Where a full-time member is absent or unable to act, the chairman may designate a part-time member to replace the member who is absent or unable to act, until a person is appointed by the Government under the first paragraph.

Any person appointed or designated under this section is deemed to be a full-time member for the purposes of section 11.

1978, c. 22, s. 9; 1988, c. 44, s. 2; 1998, c. 27, s. 4; 1999, c. 40, s. 167.

10. A member of the commission must refuse to participate in a decision if it would put him in a situation of conflict of interest, in particular a conflict between his personal interest and his duties of office.

1978, c. 22, s. 10; 1997, c. 43, s. 331.

11. The quorum of the commission is fixed by regulation, but includes at least two members, one of whom is a full-time member.

1978, c. 22, s. 11.

12. The commission has its head office at the place determined by the Government; notice of the location or of any change of location of the head office shall be published in the Gazette officielle du Québec.

1978, c. 22, s. 12.

13. The commission may hold its sittings at any place determined by it.

It may hold sittings in several places simultaneously.

1978, c. 22, s. 13; 1997, c. 43, s. 332.

14. Documents or copies emanating from the commission or forming part of its records are authentic when signed by the chairman, the secretary or a member designated by the chairman.

1978, c. 22, s. 14; 1998, c. 27, s. 5.

15. The members of the commission shall not be prosecuted by reason of official acts done in good faith in the carrying out of their duties.

1978, c. 22, s. 15.

16. The commission shall adopt rules for its internal management.

1978, c. 22, s. 16; 1997, c. 43, s. 333.

17. The commission shall have exclusive jurisdiction to decide the parole of an inmate.

1978, c. 22, s. 17.

18. Except on a question of jurisdiction, no remedy under article 33 of the Code of Civil Procedure (chapter C-25) or extraordinary recourse within the meaning of that Code may be exercised and no injunction may be granted against the commission or against any of its members acting in their official capacity.

A judge of the Court of Appeal may, upon a motion, annul by summary proceeding any proceeding brought or decision rendered contrary to the first paragraph.

1978, c. 22, s. 18; 1991, c. 43, s. 2; 1997, c. 43, s. 335.

CHAPTER III FUNCTIONS OF THE COMMISSION

DIVISION I CONDITIONAL LIBERATION

§ 1 . — Granting of parole

19. An inmate becomes eligible for parole

(a)  after serving seven years of imprisonment, in the case of a sentence of imprisonment for life imposed as a maximum sentence;

(b)  after serving one-half of the sentence of imprisonment imposed by the court or ten years, whichever is less, in the case of a sentence of imprisonment of two years or more, where the circumstances set out in section 743.6 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) apply; or

(c)  after serving one-third of the sentence of imprisonment imposed by the court or seven years, whichever period is shorter, in other cases.

Any period spent in prison for that offence from the arrest until the sentence is comprised in computing the period provided for in subparagraph a.

1978, c. 22, s. 19; 1998, c. 27, s. 6.

19.1. An inmate who receives an additional sentence is not eligible for parole

(a)  until the day on which the inmate has served any remaining period of ineligibility in relation to the sentence the inmate was serving and one-third of the additional sentence, commencing on the day on which the additional sentence is imposed, if it is consecutive and imposed under the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or another federal statute; or

(b)  until the day on which the inmate has served one-third of the sentence that includes the additional sentence as provided in section 25, in other cases.

1998, c. 27, s. 7.

19.2. The parole of an inmate who receives an additional sentence is suspended and cannot resume

(a)  until the day on which the inmate has served one-third of the additional sentence, commencing on the day on which the additional sentence is imposed, if it is consecutive and imposed under the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or another federal statute; or

(b)  until the day on which the inmate has served one-third of the sentence that includes the additional sentence as provided in section 25, in other cases.

However, parole cannot resume if the commission or a designated person has ordered a suspension of parole pursuant to section 26.

1998, c. 27, s. 7.

19.3. Notwithstanding sections 19, 19.1 and 19.2, parole may be granted to an inmate

(a)  who is terminally ill;

(b)  whose physical or mental health is likely to suffer serious damage if the inmate continues to be held in confinement;

(c)  for whom continued confinement would constitute an excessive hardship that was not reasonably foreseeable at the time the inmate was sentenced; or

(d)  who is the subject of an order to be surrendered under the Extradition Act (Revised Statutes of Canada, 1985, chapter E-23) or the Fugitive Offenders Act (Revised Statutes of Canada, 1985, chapter F-32) and to be detained until surrendered.

1998, c. 27, s. 7.

20. From the time an inmate is committed to a house of detention, the commission is seized of right of his record and examines it at the times fixed by regulation, unless he renounces thereto in writing.

The commission may, upon application and in the light of new facts, re-examine the case of an inmate whose parole has previously been refused, terminated or revoked. However, it is not bound to re-examine an application for parole produced within six months following a decision to refuse, terminate or revoke parole, by an inmate whose sentence of imprisonment is less than two years, nor an application produced within two years of that decision, by an inmate whose sentence of imprisonment is at least two years.

1978, c. 22, s. 20; 1998, c. 27, s. 8.

20.1. The commission is not required to examine the case of an inmate who, at the time fixed for a hearing under section 20, is unlawfully at large, stands accused, is serving a sentence under the Young Offenders Act (Revised Statutes of Canada, 1985, chapter Y-1) or is the subject of an immigration inquiry. If the inmate is unlawfully at large, however, the commission must examine the case as soon as possible after being informed of the inmate’s return to custody.

1998, c. 27, s. 9.

21. The commission may, on such conditions as it may determine, release an inmate on parole to facilitate his social rehabilitation unless there is serious risk that he will not comply with the conditions of his release or that serious prejudice to society will result therefrom.

1978, c. 22, s. 21.

22. Before rendering its decision, the commission shall take the advice of the warden of the house of detention where the inmate is imprisoned. It may also take the advice of any other person.

1978, c. 22, s. 22.

23. In making its decision, the commission shall take into account, in particular, the inmate’s personality and behaviour, his ability to meet obligations, his plans, his family and social relations, his former employments, his aptitudes for work, his judicial record and his conduct during a period of temporary absence granted under the Act respecting correctional services (chapter S-4.01), or during a period of imprisonment or a period of conditional liberation.

1978, c. 22, s. 23; 1991, c. 43, s. 22.

24. The term of parole shall consist of the time remaining to be served by the inmate at the time parole is granted, to which the remission time then credited to him must be added.

1978, c. 22, s. 24.

25. A person sentenced to more than one term of imprisonment or to a term of imprisonment during a period of imprisonment is deemed to serve only one sentence beginning on the day when the first of these sentences is effective and ending at the expiry of the last of the sentences to be served.

1978, c. 22, s. 25; 1998, c. 27, s. 10.

§ 2 . — Suspension, termination and revocation of parole

1998, c. 27, s. 11.

26. A member of the commission or a person designated by him in writing, if he has reasonable ground to believe that the inmate has contravened any condition of parole or that it is necessary to intervene to prevent such contravention, or for any valid ground put forward by the inmate, may suspend any parole, issue a warrant for the arrest of the inmate and order that he be committed to a house of detention of the region where he was apprehended or to that wherefrom he was paroled.

Such decision must be rendered and substantiated in writing.

1978, c. 22, s. 26; 1990, c. 4, s. 534; 1998, c. 27, s. 12.

26.1. The person who has issued a warrant under section 26 or, after consulting the commission, any person designated by the commission in writing may, once the inmate has been recommitted to custody and the case has been examined, cancel the suspension or refer the record to the commission.

1998, c. 27, s. 13.

27. The warden of the house of detention must, with the least possible delay, give the inmate a copy of the decision.

1978, c. 22, s. 27.

28. The commission must examine the decision contemplated in section 26 with the least possible delay and it may revoke the inmate’s parole, order that the inmate’s parole be terminated if it was suspended by reason of circumstances beyond the control of the inmate and order the commitment of the inmate, or release the inmate on such conditions as it may determine.

1978, c. 22, s. 28; 1998, c. 27, s. 14.

29. The inmate whose parole is revoked must complete the portion of his term of imprisonment that remained to be served at the time he was granted parole to which any remission time then to his credit is added, less

(a)  any time spent on parole;

(b)  any time spent in custody by reason of the suspension of his parole; and

(c)  any remission time for the period spent in custody by reason of such suspension.

1978, c. 22, s. 29.

30. Notwithstanding section 29, the commission may recredit an inmate whose parole is revoked with all or part of the remission time credited to him at the time he was granted parole.

1978, c. 22, s. 30.

30.1. An inmate whose parole has been terminated must complete the portion of the term of imprisonment that remained to be served at the time parole was granted, less

(a)  any remission time credited at the time parole was granted;

(b)  any time spent on parole;

(c)  any time spent in custody by reason of the suspension of the inmate’s parole; and

(d)  any remission time for the period spent in custody by reason of such suspension.

1998, c. 27, s. 15.

30.2. Where the suspension of an inmate’s parole is cancelled, the inmate is deemed to have continued serving the sentence during the period beginning on the date of the suspension and ending on the date on which the suspension was cancelled.

1998, c. 27, s. 15.

§ 3 . — Procedure before the commission

31. This subdivision applies to the procedure before the commission when the latter renders a decision under sections 19 to 30.

1978, c. 22, s. 31.

32. An inmate is entitled to be present before and present observations to the commission unless he renounces thereto in writing.

He is also entitled to be represented before the commission by any person his choice other than another inmate imprisoned in another house of detention or to be assisted by such person.

1978, c. 22, s. 32; 1997, c. 43, s. 336.

33. The commission shall, as soon as possible, render a written and substantiated decision.

The decision forms part of the records of the commission and it is without appeal.

Copy of the decision must be remitted to the inmate without delay.

1978, c. 22, s. 33.

§ 4 . — Review

34. Any inmate may forward to the secretary of the commission an application for the review of the decision to refuse, to terminate or to revoke parole.

1978, c. 22, s. 34; 1998, c. 27, s. 16.

35. The secretary of the commission shall transmit the application for review to a review board composed of three persons chosen by the chairman from among the full-time members of the commission who have not participated in the decision.

1978, c. 22, s. 35; 1998, c. 27, s. 17.

36. (Repealed).

1978, c. 22, s. 36; 1998, c. 27, s. 18.

37. The commission, after examining the record, may

(a)  affirm, cancel or vary the decision under review;

(b)  refer the case for re-examination under section 20 and, pending the re-examination, order the continuation of the decision under review.

1978, c. 22, s. 37; 1998, c. 27, s. 19.

§ 5 . — Change of conditions

38. A member of the commission or any person designated in writing by the commission may mitigate or suppress the conditions during the parole.

A member of the commission or, after consulting the commission, a person designated in writing by the commission may, in addition, reinforce or add to the conditions.

No decision under the second paragraph may be made without giving the inmate an opportunity to present observations.

1978, c. 22, s. 38; 1998, c. 27, s. 20.

39. Copy of the decision which must be rendered in writing and substantiated shall be transmitted with the least possible delay to the inmate and to the secretary of the commission.

1978, c. 22, s. 39.

DIVISION II APPEALS IN THE MATTER OF TEMPORARY ABSENCE

40. By a written notice addressed to the secretary of the commission, any inmate may appeal to a full-time member of the commission from any decision of the Director General in the matter of temporary absence rendered under sections 22.2 and 22.14.1 of the Act respecting correctional services (chapter S-4.01).

1978, c. 22, s. 40; 1991, c. 43, s. 3, s. 22.

41. The secretary shall transmit, with the least possible delay, a copy of the notice contemplated in section 40 to the Director General, who shall then remit the record to the commission.

1978, c. 22, s. 41.

42. The notice of appeal shall set out the grounds for appeal and every other new fact, if any.

1978, c. 22, s. 42.

43. The member of the commission who hears the appeal may, after he has examined the record and the new facts, if any, confirm or quash the decision of the Director General, and, in the latter case, render the decision that should have been rendered.

1978, c. 22, s. 43.

CHAPTER IV GENERAL AND FINAL PROVISIONS

44. Except where otherwise provided by this Act, Chapter III shall have effect notwithstanding sections 23 and 34 of the Charter of human rights and freedoms (chapter C-12).

1978, c. 22, s. 44.

45. Any decision rendered under this Act shall not have the effect of limiting the power of the Government to grant a pardon or to commute a sentence.

1978, c. 22, s. 45.

46. A warrant of arrest or a warrant of committal shall be carried out by a peace officer.

1978, c. 22, s. 46.

47. Not later than 30 June each year, the commission shall make to the Minister of Public Security a report of its activities for the preceding fiscal year.

The Minister of Public Security shall table the report of the commission before the National Assembly within thirty days of his receiving it. If he receives it while the National Assembly is not sitting, he shall table it within thirty days of the opening of the next session or, as the case may be, of resumption.

1978, c. 22, s. 47; 1986, c. 86, s. 38, s. 39; 1988, c. 46, s. 24.

48. The Minister of Public Security may, in accordance with the Act respecting the Ministère du Conseil exécutif (chapter M-30), enter into agreement with another government of Canada for the transfer to a house of detention of a person confined in a prison as defined by the Prisons and Reformatories Act (Revised Statutes of Canada, 1985, chapter P-20) or in a penitentiary as defined in the Penitentiary Act (Revised Statutes of Canada, 1985, chapter P-5).

1978, c. 22, s. 48; 1985, c. 30, s. 53; 1986, c. 86, s. 39; 1988, c. 46, s. 24.

49. The Government may make regulations to

(a)  determine regions for the purpose of the application of this Act;

(b)  determine the contents of the information that the commission must furnish to an inmate who becomes eligible for parole;

(c)  enact the rules of procedure necessary for the application of Chapter III;

(d)  fix the quorum of the commission in accordance with the term of imprisonment of the inmate and determine the number of votes necessary for the taking of a decision by the commission.

Such regulations shall come into force on the date of their publication in the Gazette officielle du Québec or on any later date fixed therein.

1978, c. 22, s. 49; 1998, c. 27, s. 21.

50. The sums necessary for the application of this Act shall be taken, for the fiscal years 1978/1979 and 1979/1980, out of the consolidated revenue fund and, for subsequent fiscal years, out of the sums appropriated annually for that purpose by Parliament.

1978, c. 22, s. 50.

51. (Amendment integrated into c. P-26, s. 12).

1978, c. 22, s. 51.

52. (Amendment integrated into c. P-26, s. 16).

1978, c. 22, s. 52.

53. (Amendment integrated into c. P-26, s. 18).

1978, c. 22, s. 53.

54. (Omitted).

1978, c. 22, s. 54.

55. (Amendment integrated into c. P-26, Division V.1, ss. 22.1-22.17).

1978, c. 22, s. 55.

56. (Amendment integrated into c. P-26, s. 23).

1978, c. 22, s. 56.

57. The Minister of Public Security is responsible for the application of this Act.

1978, c. 22, s. 57; 1986, c. 86, s. 38; 1988, c. 46, s. 24.

58. (Omitted).

1978, c. 22, s. 58.

59. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 22 of the statutes of 1978, in force on 1 June 1979, is repealed effective from the coming into force of chapter L-1.1 of the Revised Statutes.