Corrections and Conditional Release Act (S.C. 1992, c. 20)

Marginal note:Grounds

• 37.82 (1) The independent external decision-maker may determine under sections 37.8 and 37.81 that an inmate should remain in a structured intervention unit only if the independent external decision-maker believes on reasonable grounds that allowing the inmate’s reintegration into the mainstream inmate population

  • (a) would jeopardize the safety of the inmate or any other person or the security of the penitentiary; or

  • (b) would interfere with an investigation that could lead to a criminal charge or a charge under subsection 41(2) of a serious disciplinary offence.

• Marginal note:Factors

  (2) In making the determination, the independent external decision-maker shall take into account

  • (a) the inmate’s correctional plan;

  • (b) the appropriateness of the inmate’s confinement in the penitentiary;

  • (c) the appropriateness of the inmate’s security classification; and

  • (d) any other consideration that he or she considers relevant.

Marginal note:Decision — reasonable steps

• 37.83 (1) If, for five consecutive days or for a total of 15 days during any 30-day period, an inmate confined in a structured intervention unit has not spent a minimum of four hours a day outside the inmate’s cell or has not interacted, for a minimum of two hours a day, with others, an independent external decision-maker shall, as soon as practicable, determine whether the Service has taken all reasonable steps to provide the inmate with the opportunities referred to in subsection 36(1) and to encourage the inmate to avail themselves of those opportunities.

• Marginal note:Recommendations

  (2) If the independent external decision-maker determines that the Service has not taken all reasonable steps, he or she may make any recommendation to the Service that he or she considers appropriate to remedy the situation.

• Marginal note:Power to direct removal from unit

  (3) If the Service, within the period of seven days commencing on the day on which it receives recommendations, fails to satisfy the independent external decision-maker that it has taken all reasonable steps to provide the inmate with the opportunities referred to in subsection 36(1), the independent external decision-maker shall direct the Service to remove the inmate from the structured intervention unit and provide a notice of the direction to the Correctional Investigator as defined in Part III.

Marginal note:Other duties

37.9 An independent external decision-maker may, in the prescribed circumstances, make a prescribed determination or review in the prescribed manner.

Marginal note:Restriction of movement and application of provisions before transfer

• 37.91 (1) The transfer of an inmate to a structured intervention unit must be completed not later than five working days after the day on which the authorization for the transfer is given. Until the transfer is completed, the Service may impose restrictions on the inmate’s movement and sections 29.01, 33, 35 to 37.4 and 37.81 to 37.83 apply with any necessary modifications in respect of the inmate as though the inmate were in a structured intervention unit. However, the opportunity referred to in paragraph 36(1)(b) is to be provided only if the circumstances permit.

• Marginal note:Obligation of the institutional head

  (2) The institutional head shall, at least once every day, meet with the inmate.

• Marginal note:Exception

  (3) Subsection (1) does not apply if the transfer is to a structured intervention unit in the penitentiary where the inmate is confined at the time the authorization is given.

Discipline

Marginal note:Purpose of disciplinary system

38 The purpose of the disciplinary system established by sections 40 to 44 and the regulations is to encourage inmates to conduct themselves in a manner that promotes the good order of the penitentiary, through a process that contributes to the inmates’ rehabilitation and successful reintegration into the community.

Marginal note:System exclusive

39 Inmates shall not be disciplined otherwise than in accordance with sections 40 to 44 and the regulations.

Marginal note:Disciplinary offences

40 An inmate commits a disciplinary offence who

• (a) disobeys a justifiable order of a staff member;

• (b) is, without authorization, in an area prohibited to inmates;

• (c) wilfully or recklessly damages or destroys property that is not the inmate’s;

• (d) commits theft;

• (e) is in possession of stolen property;

• (f) is disrespectful toward a person in a manner that is likely to provoke them to be violent or toward a staff member in a manner that could undermine their authority or the authority of staff members in general;

• (g) is abusive toward a person or intimidates them by threats that violence or other injury will be done to, or punishment inflicted on, them;

• (h) fights with, assaults or threatens to assault another person;

• (i) is in possession of, or deals in, contraband;

• (j) without prior authorization, is in possession of, or deals in, an item that is not authorized by a Commissioner’s Directive or by a written order of the institutional head;

• (k) takes an intoxicant into the inmate’s body;

• (l) fails or refuses to provide a urine sample when demanded pursuant to section 54 or 55;

• (m) creates or participates in

  • (i) a disturbance, or

  • (ii) any other activity

  that is likely to jeopardize the security of the penitentiary;

• (n) does anything for the purpose of escaping or assisting another inmate to escape;

• (o) offers, gives or accepts a bribe or reward;

• (p) without reasonable excuse, refuses to work or leaves work;

• (q) engages in gambling;

• (r) wilfully disobeys a written rule governing the conduct of inmates;

• (r.1) knowingly makes a false claim for compensation from the Crown;

• (r.2) throws a bodily substance towards another person; or

• (s) attempts to do, or assists another person to do, anything referred to in paragraphs (a) to (r).

Marginal note:Informal resolution

• 41 (1) Where a staff member believes on reasonable grounds that an inmate has committed or is committing a disciplinary offence, the staff member shall take all reasonable steps to resolve the matter informally, where possible.

• Marginal note:Charge may be issued

  (2) Where an informal resolution is not achieved, the institutional head may, depending on the seriousness of the alleged conduct and any aggravating or mitigating factors, issue a charge of a minor disciplinary offence or a serious disciplinary offence.

Marginal note:Notice of charge

42 An inmate charged with a disciplinary offence shall be given a written notice of the charge in accordance with the regulations, and the notice must state whether the charge is minor or serious.

Marginal note:Hearing

• 43 (1) A charge of a disciplinary offence shall be dealt with in accordance with the prescribed procedure, including a hearing conducted in the prescribed manner.

• Marginal note:Presence of inmate

  (2) A hearing mentioned in subsection (1) shall be conducted with the inmate present unless

  • (a) the inmate is voluntarily absent;

  • (b) the person conducting the hearing believes on reasonable grounds that the inmate’s presence would jeopardize the safety of any person present at the hearing; or

  • (c) the inmate seriously disrupts the hearing.

• Marginal note:Decision

  (3) The person conducting the hearing shall not find the inmate guilty unless satisfied beyond a reasonable doubt, based on the evidence presented at the hearing, that the inmate committed the disciplinary offence in question.

Marginal note:Disciplinary sanctions

• 44 (1) An inmate who is found guilty of a disciplinary offence is liable, in accordance with the regulations made under paragraphs 96(i) and (j), to one or more of the following:

  • (a) a warning or reprimand;

  • (b) a loss of privileges;

  • (c) an order to make restitution, including in respect of any property that is damaged or destroyed as a result of the offence;

  • (d) a fine; and

  • (e) performance of extra duties.

  • (f) [Repealed, 2019, c. 27, s. 11]

• Marginal note:Collection of fine or restitution

  (2) A fine or restitution imposed pursuant to subsection (1) may be collected in the prescribed manner.

Summary Conviction Offences

Marginal note:Summary conviction offences

45 Every person commits a summary conviction offence who

• (a) is in possession of contraband beyond the visitor control point in a penitentiary;

• (b) is in possession of anything referred to in paragraph (b) or (c) of the definition “contraband” in section 2 before the visitor control point at a penitentiary;

• (c) delivers contraband to, or receives contraband from, an inmate;

• (d) without prior authorization, delivers jewellery to, or receives jewellery from, an inmate; or

• (e) trespasses at a penitentiary.

Search and Seizure

Interpretation

Marginal note:Definitions

46 In sections 47 to 67,

body cavity

body cavity means the rectum or vagina; (cavité corporelle)

body cavity search

body cavity search means the physical probing of a body cavity, in the prescribed manner; (examen des cavités corporelles)

body scan search

body scan search means a search of a body by means of a prescribed body scanner that is conducted in the prescribed manner. (fouille par balayage corporel)

frisk search

frisk search means

• (a) a manual search, or a search by technical means, of the clothed body, in the prescribed manner, and

• (b) a search of

  • (i) personal possessions, including clothing, that the person may be carrying, and

  • (ii) any coat or jacket that the person has been requested to remove,

  in accordance with any applicable regulations made under paragraph 96(l); (fouille par palpation)

non-intrusive search

non-intrusive search means

• (a) a search of a non-intrusive nature of the clothed body by technical means, in the prescribed manner, and

• (b) a search of

  • (i) personal possessions, including clothing, that the person may be carrying, and

  • (ii) any coat or jacket that the person has been requested to remove,

  in accordance with any applicable regulations made under paragraph 96(l); (fouille discrète)

strip search

strip search means

• (a) a visual inspection of the naked body, in the prescribed manner, and

• (b) a search, in accordance with any applicable regulations made under paragraph 96(l), of all clothing, things in the clothing, and other personal possessions that the person may be carrying; (fouille à nu)

urinalysis

urinalysis means a prescribed procedure by which a person provides a urine sample, by the normal excretory process, for analysis. (prise d’échantillon d’urine)

Searches of Inmates

Marginal note:Routine non-intrusive or frisk searches

• 47 (1) A staff member may conduct routine non-intrusive searches or routine frisk searches of inmates, without individualized suspicion, in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes.

• Marginal note:Idem

  (2) A person providing services of a prescribed class to the Service under a contract has the power to search that a staff member is authorized to conduct under subsection (1) if

  • (a) the conducting of such searches is provided for in the contract but does not constitute the person’s principal services under the contract;

  • (b) the searches are reasonably related to the person’s principal services under the contract; and

  • (c) the person has received the prescribed training to conduct such searches.

Marginal note:Routine strip search of inmates

• 48 (1) Subject to subsection (2), a staff member of the same sex as the inmate may conduct a routine strip search of an inmate, without individualized suspicion,

  • (a) in the prescribed circumstances in situations in which the inmate has been in a place where there was a likelihood of access to contraband that is capable of being hidden on or in the body; or

  • (b) when the inmate is entering or leaving a structured intervention unit.

• Marginal note:Choice of body scan search

  (2) A body scan search of the inmate shall be conducted instead of the strip search if

  • (a) the body scan search is authorized under section 48.1; and

  • (b) a prescribed body scanner in proper working order is in the area where the strip search would be conducted.