WHEREAS the recent release, with conditions, of a sexual and violent offender into a small interior community identified weaknesses in the applicable legislation, created a lack of confidence in the justice system and severely impacted the limited police resources of the community monitoring the repeat offender; AND WHEREAS there was evidence that the repeat offender had refused to take treatment and there was a strong indication that they were likely to re-offend and, given the size of the community, it was doubtful that they could go anywhere without violating the conditions of release; AND WHEREAS elected officials have a responsibility to provide for the protection and safety of the citizens of all communities and only the federal government has the ability to change the necessary legislation: THEREFORE BE IT RESOLVED that the Union of BC Municipalities lobby the federal government for change to the law with respect to repeat offenders, specifically those with violent andor sexual tendencies, requiring: 1. Release of offenders into communities shall occur only after full consultation with the local government and the local law enforcement agency; 2. The provincial government develop treatment programs for offenders incarcerated in provincial correctional facilities; and 3. Offenders not be released until such time as they have consented to treatment and have shown considerable progress to rehabilitation.
MINISTRY OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS With respect to the resolution on repeat offenders, it is the Correctional Service of Canadas CSC policy to share information with its criminal justice partners before potentially dangerous offenders are released. In addition, although most offenders are released after serving two-thirds of their sentence, or are granted a parole, high-risk violent offenders can be kept in prison until the end of their sentence. However, under current legislation, CSC and the National Parole Board NPB have no authority to declare an individual a Dangerous Offender or to change the length of the sentence. Therefore, when an offender has served his or her entire sentence, there is no legislative authority which would allow CSC or NPB to impose conditions on the release. After warrant expiry, it is up to the law enforcement authorities to undertake any action they deem necessary to protect the public, including, for example, applying for a section 810 order peace bond. This Government is committed to tackling crime, and the Minister of Justice and Attorney General of Canada, has introduced legislation to deal with dangerous offenders. In particular, Bill C-27 proposes amendments to the Criminal Code which will establish preventative measures to safeguard communities and children from individuals identified as dangerous or high-risk offenders. With these amendments, the onus would be on the offender, upon being found guilty of a third violent or sexual offense, to prove that he or she does not qualify as a Dangerous Offender. Furthermore, Bill C-27 proposed amendments to strengthen peace bonds to allow for longer and more aggressive supervision and monitoring of child sexual, sexual and violent predators released back into the community.
FEDERATION OF CANADIAN MUNICIPALITIES Resolution CSCP07.2.05 - Repeat Offender Legislation was adopted as a Category A resolution at the 2007 Annual FCM Conference.