An Act to amend the Corrections and Conditional Release Act and another Act (S.C. 2019, c. 27)
Full Document:
Assented to 2019-06-21
An Act to amend the Corrections and Conditional Release Act and another Act
S.C. 2019, c. 27
Assented to 2019-06-21
An Act to amend the Corrections and Conditional Release Act and another Act
RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the following amendment to Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act. That Bill C-83, in Clause 10, be amended by replacing lines 1 to 10 on page 11 with the following:
37.6 (1) The Minister shall appoint one or more persons to be independent external decision-makers.
(2) To be eligible for appointment as an independent external decision-maker, a person must have knowledge of administrative decision-making processes in general. A person is not eligible for appointment as an independent external decision-maker if the person was, at any time, in the previous five years a staff member or appointed under subsection 6(1).
(3) An independent external decision-maker is to be appointed for a renewable term of not more than five years and holds office during good behaviour, but may be removed at any time for cause by the Minister.
(4) An independent external decision-maker may be appointed to serve either full-time or part-time.
37.61 An independent external decision-maker is to be paid
(a) the remuneration that is fixed by the Treasury Board; and
(b) in accordance with Treasury Board directives, any travel and living expenses that they incur in the performance of their duties and functions while absent from their ordinary place of work, in the case of a full-time decision-maker, and their ordinary place of residence, in the case of a part-time decision-maker.
37.7 (1) The Service shall furnish to an independent external decision-maker all information under the Service’s control that is relevant to the making of a determination in respect of an inmate by the independent external decision-maker.
(2) For the purpose of making a determination in respect of an inmate, an independent external decision-maker may require any staff member, or any person whose services are engaged by or on behalf of the Service,
(a) to furnish any information that, in the decision-maker’s opinion, the staff member or person may be able to furnish in relation to the inmate’s case; and
(b) to produce, for examination by the decision-maker, any document or thing that, in the decision-maker’s opinion, relates to the inmate’s case and that may be in the possession or under the control of the staff member or person.
(3) Within 10 days after the day on which an independent external decision-maker makes a determination, the decision-maker shall return to the Service any document or thing furnished under subsection (1) or paragraph (2)(a) or produced under paragraph (2)(b), as well as any copy of one.
37.71 (1) Before making a determination in respect of an inmate, an independent external decision-maker shall provide or cause to be provided to the inmate, in writing, in whichever of the two official languages of Canada is requested by the inmate, the information that is to be considered by the decision-maker or a summary of that information, other than information provided to the independent external decision-maker by the inmate.
(2) The independent external decision-maker may withhold from the inmate as much information as is strictly necessary if the independent external decision-maker has reasonable grounds to believe that
37.72 Before making a determination in respect of an inmate, an independent external decision-maker shall ensure that the inmate is given an opportunity to make written representations to the independent external decision-maker.
37.73 For the purpose of making a determination in respect of an inmate, an independent external decision-maker may communicate with the inmate.
37.74 (1) Subject to subsection (2), an independent external decision-maker shall not disclose any information that comes to their knowledge in the course of the exercise of their powers, or the performance of their duties and functions, under this Act or any other Act of Parliament.
(2) An independent external decision-maker may disclose information referred to in subsection (1) in the exercise of their powers or the performance of their duties and functions.
37.75 An independent external decision-maker is not a competent or compellable witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise or purported exercise of their powers, or the performance or purported performance of their duties and functions, under this Act or any other Act of Parliament.
37.76 No criminal or civil proceedings lie against an independent external decision-maker for anything done, reported or said in good faith in the course of the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the independent external decision-maker under this Act or any other Act of Parliament.
37.77 An independent external decision-maker may, in accordance with regulations made under paragraph 96(g.1), publish or otherwise disseminate information, other than personal information, relating to any determination made by the independent external decision-maker.
37.8 Thirty days after each of the Commissioner’s determinations under section 37.4 that an inmate should remain in a structured intervention unit, an independent external decision-maker shall, in accordance with regulations made under paragraph 96(g.1), determine whether the inmate should remain in the unit.
37.81 If a committee established under subsection 37.31(3) determines that an inmate should remain in a structured intervention unit or determines that an inmate’s conditions of confinement in the structured intervention unit should not be altered in accordance with a recommendation of a registered health care professional under section 37.2, an independent external decision-maker shall, as soon as practicable, in accordance with regulations made under paragraph 96(g.1), determine whether the inmate should remain in the unit or whether the inmate’s conditions of confinement in the unit should be altered.
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.
(2) In making the determination, the independent external decision-maker shall take into account
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.
(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.
(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.
37.9 An independent external decision-maker may, in the prescribed circumstances, make a prescribed determination or review in the prescribed manner.
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 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.
SUMMARY
This enactment amends the Corrections and Conditional Release Act to, among other things,
(a) eliminate the use of administrative segregation and disciplinary segregation;
(b) authorize the Commissioner to designate a penitentiary or an area in a penitentiary as a structured intervention unit for the confinement of inmates who cannot be maintained in the mainstream inmate population for security or other reasons;
(c) provide less invasive alternatives to physical body cavity searches;
(d) affirm that the Correctional Service of Canada has the obligation to support the autonomy and clinical independence of registered health care professionals;
(e) provide that the Correctional Service of Canada has the obligation to provide inmates with access to patient advocacy services;
(f) provide that the Correctional Service of Canada has an obligation to consider systemic and background factors unique to Indigenous offenders in all decision-making; and
(g) improve victims’ access to audio recordings of parole hearings.
This enactment also amends the English version of a provision of the Criminal Records Act.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1992, c. 20Corrections and Conditional Release Act
1 Subsection 2(1) of the Corrections and Conditional Release Act is amended by adding the following in alphabetical order:
- Indigenous
Indigenous, in respect of a person, includes a First Nation person, an Inuit or a Métis person; (autochtone)
- mental health assessment
mental health assessment means an assessment of the mental health of a person conducted by a medical professional with recognized specialty training in mental health diagnosis and treatment, such as a psychiatrist, psychologist or psychiatric nurse or a primary care physician who has had psychiatric training. (évaluation de la santé mentale)
2 (1) Paragraph 4(c) of the Act is replaced by the following:
(c) the Service uses the least restrictive measures consistent with the protection of society, staff members and offenders;
(c.1) the Service considers alternatives to custody in a penitentiary, including the alternatives referred to in sections 29 and 81;
(c.2) the Service ensures the effective delivery of programs to offenders, including correctional, educational, vocational training and volunteer programs, with a view to improving access to alternatives to custody in a penitentiary and to promoting rehabilitation;
Marginal note:2012, c. 1, s. 54
(2) Paragraph 4(g) of the Act is replaced by the following:
(g) correctional policies, programs and practices respect gender, ethnic, cultural, religious and linguistic differences, sexual orientation and gender identity and expression, and are responsive to the special needs of women, Indigenous persons, visible minorities, persons requiring mental health care and other groups;
3 Section 15.1 of the Act is amended by adding the following after subsection (2):
Marginal note:Mental health assessment
(2.01) In order to ensure that the plan can be developed in a manner that takes any mental health needs of the offender into consideration, the institutional head shall, as soon as practicable after the day on which the offender is received but not later than the 30th day after that day, refer the offender’s case to the portion of the Service that administers health care for the purpose of conducting a mental health assessment of the offender.
Marginal note:Update of plan — structured intervention unit
(2.1) If an offender is in a structured intervention unit and a determination is made under subsection 29.01(2), paragraph 37.3(1)(b) or section 37.4 or 37.8 that the offender should remain in the structured intervention unit, the institutional head shall, as soon as practicable after the determination, cause the offender’s correctional plan to be updated, in consultation with the offender, in order to ensure that they receive the most effective programs at the appropriate time during their confinement in the structured intervention unit and to prepare them for reintegration into the mainstream inmate population as soon as possible.
Marginal note:2016, c. 3, s. 8
4 (1) Subsection 19(1.1) of the Act is replaced by the following:
Marginal note:Exceptions
(1.1) Subsection (1) does not apply to
(a) a death that results from an inmate receiving medical assistance in dying, as defined in section 241.1 of the Criminal Code, in accordance with section 241.2 of that Act; or
(b) if a registered health care professional advises the Service in writing that the registered health care professional has reasonable grounds to believe that an inmate’s death is from a natural cause.
(2) Subsection 19(2) of the French version of the Act is replaced by the following:
Marginal note:Rapport à l’enquêteur correctionnel
(2) Le Service remet à l’enquêteur correctionnel, au sens de la partie III, une copie du rapport.
5 The Act is amended by adding the following after section 19:
Marginal note:Quality of care review
19.1 (1) If a registered health care professional advises the Service in writing that the registered health care professional has reasonable grounds to believe that the death of an inmate is from a natural cause, the Service shall, whether or not there is an investigation under section 20, without delay, cause a review to be conducted by a registered health care professional employed or engaged by the Service for the purpose of determining the quality of care provided to the inmate in the penitentiary. The registered health care professional shall report on the review to the Commissioner or to a person designated by the Commissioner.
Marginal note:Copy to Correctional Investigator
(2) The Service shall give the Correctional Investigator, as defined in Part III, a copy of its report referred to in subsection (1).
6 (1) The portion of section 28 of the Act before paragraph (a) is replaced by the following:
Marginal note:Criteria for selection of penitentiary
28 If a person is or is to be confined in a penitentiary, the Service shall take all reasonable steps to ensure that the penitentiary in which they are confined is one that provides them with the least restrictive environment for that person, taking into account
Marginal note:2012, c. 1, s. 58
(2) Paragraph 28(c) of the French version of the Act is replaced by the following:
c) l’existence de programmes et de services qui lui conviennent et sa volonté d’y participer ou d’en bénéficier.
Marginal note:1995, c. 42, s. 11
7 Section 29 of the Act is replaced by the following:
Marginal note:Transfers
29 The Commissioner may authorize the transfer of a person who is sentenced, transferred or committed to a penitentiary
(a) to a hospital, including any mental health facility, or to a provincial correctional facility, in accordance with an agreement entered into under paragraph 16(1)(a) and any applicable regulations;
(b) within a penitentiary, from an area that has been assigned a security classification under section 29.1 to another area that has been assigned a security classification under that section, in accordance with the regulations made under paragraph 96(d), subject to section 28; or
(c) to another penitentiary, in accordance with the regulations made under paragraph 96(d), subject to section 28.
Marginal note:Transfers to structured intervention unit
29.01 (1) A staff member who holds a position lower in rank than that of institutional head and who is designated by the Commissioner may, in accordance with the regulations made under paragraph 96(g), and subject to section 28, authorize the transfer of a person who is sentenced, transferred or committed to a penitentiary into a structured intervention unit in the penitentiary or in another penitentiary.
Marginal note:Decision — institutional head
(2) The institutional head shall determine, in accordance with regulations made under paragraph 96(g), whether an inmate should remain in a structured intervention unit within the period of five working days that begins on the first working day on which the inmate is confined in the unit.
8 The Act is amended by adding the following before section 30:
Marginal note:Commissioner to classify penitentiaries or areas
29.1 The Commissioner may assign the security classification of “minimum security”, “medium security”, “maximum security” or “multi-level security”, or any other prescribed security classification, to each penitentiary or to any area in a penitentiary.
9 Subsections 30(1) and (2) of the French version of the Act are replaced by the following:
Marginal note:Attribution de cote aux détenus
30 (1) Le Service attribue une cote de sécurité selon les catégories dites maximale, moyenne et minimale à chaque détenu conformément aux règlements d’application de l’alinéa 96z.6).
Marginal note:Motifs
(2) Le Service doit donner, par écrit, à chaque détenu les motifs à l’appui de l’attribution d’une cote de sécurité ou du changement de celle-ci.
Marginal note:1995, c. 42, s. 12; 2012, c. 1, ss. 60 and 61
10 The heading before section 31 and sections 31 to 37 of the Act are replaced by the following:
Structured Intervention Units
Marginal note:Designation
31 The Commissioner may designate a penitentiary or any area in a penitentiary to be a structured intervention unit.
Marginal note:Purpose
32 (1) The purpose of a structured intervention unit is to
(a) provide an appropriate living environment for an inmate who cannot be maintained in the mainstream inmate population for security or other reasons; and
(b) provide the inmate with an opportunity for meaningful human contact and an opportunity to participate in programs and to have access to services that respond to the inmate’s specific needs and the risks posed by the inmate.
Marginal note:Physical barriers
(2) For the purposes of paragraph (1)(b), every reasonable effort shall be made to ensure that the opportunity to interact through human contact is not mediated or interposed by physical barriers such as bars, security glass, door hatches or screens.
Marginal note:Record
(3) The Service shall maintain a record of every instance of an interaction referred to in paragraph (1)(b) that is mediated or interposed by such physical barriers.
Marginal note:Duration
33 An inmate’s confinement in a structured intervention unit is to end as soon as possible.
Marginal note:Transfer to unit
34 (1) A staff member may authorize the transfer of an inmate into a structured intervention unit under subsection 29.01(1) only if the staff member is satisfied that there is no reasonable alternative to the inmate’s confinement in a structured intervention unit and the staff member believes on reasonable grounds that
(a) the inmate has acted, has attempted to act or intends to act in a manner that jeopardizes the safety of any person or the security of a penitentiary and allowing the inmate to be in the mainstream inmate population would jeopardize the safety of any person or the security of the penitentiary;
(b) allowing the inmate to be in the mainstream inmate population would jeopardize the inmate’s safety; or
(c) allowing the inmate to be in the mainstream inmate population 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:Record of transfers
(2) The Service shall maintain a record of every instance in which an inmate is authorized to be transferred into a structured intervention unit indicating the reasons for granting the authorization and any alternative that was considered.
Marginal note:Reasons
(3) No later than one working day after the day on which the transfer of an inmate is authorized, the Service shall, orally, provide the inmate with notice that the authorization was granted as well as the reasons for it and no later than two working days after the day on which the transfer of an inmate is authorized, the Service shall provide the inmate with those reasons in writing.
Marginal note:Inmate rights
35 An inmate in a structured intervention unit has the same rights as other inmates, except for those that cannot be exercised due to limitations specific to the structured intervention unit or security requirements.
Marginal note:Obligations of Service
36 (1) The Service shall, every day, between the hours of 7:00 a.m. and 10:00 p.m., provide an inmate in a structured intervention unit
Marginal note:Time included
(2) Time spent interacting under paragraph (1)(b) outside an inmate’s cell counts as time spent outside the inmate’s cell under paragraph (1)(a).
Marginal note:Time not included
(3) If an inmate takes a shower outside their cell, the time spent doing so does not count as time spent outside the inmate’s cell under paragraph (1)(a).
Marginal note:Exceptions
37 (1) Paragraph 36(1)(a) or (b), as the case may be, does not apply
(a) if the inmate refuses to avail themselves of the opportunity referred to in that paragraph;
(b) if the inmate, at the time the opportunity referred to in that paragraph is provided to them, does not comply with reasonable instructions to ensure their safety or that of any other person or the security of the penitentiary; or
(c) in the prescribed circumstances, which circumstances may include, among other things, natural disasters, fires, riots and work refusals under section 128 of the Canada Labour Code, and those circumstances must be limited to what is reasonably required for security purposes.
Marginal note:Record
(2) The Service shall maintain a record of every instance that an inmate has been offered an opportunity referred to in paragraph 36(1)(a) or (b) that the inmate refused, indicating the specific opportunity and any reason given for the refusal, or has not been given such an opportunity by reason of paragraph (1)(b) or (c).
Marginal note:Ongoing monitoring
37.1 (1) The Service shall ensure that measures are taken to provide for the ongoing monitoring of the health of inmates in a structured intervention unit.
Marginal note:Mental health assessment and daily visits
(2) The Service shall ensure that the measures include
(a) a referral of the inmate’s case, within 24 hours after the inmate’s transfer into the structured intervention unit, to the portion of the Service that administers health care for the purpose of conducting a mental health assessment of the inmate; and
(b) a visit to the inmate at least once every day by a registered health care professional employed or engaged by the Service.
Marginal note:Mental health assessment
37.11 If a staff member or a person engaged by the Service believes that the confinement of an inmate in a structured intervention unit is having detrimental impacts on the inmate’s health, the staff member or person shall refer, in the prescribed manner, the inmate’s case to the portion of the Service that administers health care. Grounds for the belief include the inmate
(a) refusing to interact with others;
(b) engaging in self-injurious behaviour;
(c) showing symptoms of a drug overdose; and
(d) showing signs of emotional distress or exhibiting behaviour that suggests that they are in urgent need of mental health care.
Marginal note:Recommendations to institutional head
37.2 A registered health care professional employed or engaged by the Service may, for health reasons, recommend to the institutional head that the conditions of confinement of the inmate in a structured intervention unit be altered or that the inmate not remain in the unit.
Marginal note:Decision — institutional head
37.3 (1) The institutional head shall determine, in accordance with regulations made under paragraph 96(g), whether an inmate should remain in a structured intervention unit
(a) as soon as practicable after a registered health care professional recommends under section 37.2, for health reasons, that the inmate not remain in the unit;
(b) within the period that begins on the day on which the determination under subsection 29.01(2) is made and that ends on the expiry of the period of 30 days that begins on the first day on which the inmate is confined in the unit; and
(c) as soon as practicable in any of the prescribed circumstances.
Marginal note:Conditions of confinement
(2) As soon as practicable after the registered health care professional referred to in section 37.2 has recommended, for health reasons, that the conditions of confinement be altered, the institutional head shall determine whether the inmate’s conditions of confinement in the structured intervention unit should be altered.
Marginal note:Visit to the inmate
(3) Before making a determination under this section, the institutional head shall visit the inmate.
Marginal note:Record
(4) The institutional head shall maintain a record indicating the circumstances of every instance in which, because of security requirements, a visit was not face to face or took place through a cell door hatch.
Marginal note:Reasons
(5) No later than one working day after the day on which he or she makes a determination under this section, the institution head shall orally notify the inmate of the determination as well as the reasons for it and no later than two working days after the day on which the determination was made, the institutional head shall provide the inmate with those reasons in writing.
Marginal note:Advice of registered health care professional
37.31 (1) If the institutional head determines under paragraph 37.3(1)(a) that an inmate should remain in a structured intervention unit or the institutional head determines under subsection 37.3(2) that an inmate’s conditions of confinement in the structured intervention unit should not be altered in accordance with the recommendations of a registered health care professional, another registered health care professional shall provide advice to the committee established under subsection (3).
Marginal note:Qualifications
(2) The registered health care professional providing the advice is to be a senior registered health care professional employed by the Service or a registered health care professional engaged by the Service as an expert advisor.
Marginal note:Committee
(3) The Commissioner shall establish a committee consisting of staff members who hold a position higher in rank than that of institutional head for the purpose of making determinations under section 37.32.
Marginal note:Decision of committee — recommendation to alter conditions
37.32 (1) As soon as practicable after the institutional head determines under subsection 37.3(2) that an inmate’s conditions of confinement in a structured intervention unit should not be altered in accordance with the recommendations of a registered health care professional, the committee established under subsection 37.31(3) shall, in accordance with regulations made under paragraph 96(g), determine whether the inmate’s conditions of confinement in the unit should be altered.
Marginal note:Decision of committee — recommendation that inmate remain in unit
(2) As soon as practicable after the institutional head determines under paragraph 37.3(1)(a) that an inmate should remain in a structured intervention unit, the committee established under subsection 37.31(3) shall, in accordance with regulations made under paragraph 96(g), determine whether the inmate should remain in the unit.
Marginal note:Decision — Commissioner
37.4 Thirty days after the institutional head’s determination under paragraph 37.3(1)(b) that an inmate should remain in a structured intervention unit, the Commissioner shall, in accordance with regulations made under paragraph 96(g), determine whether the inmate should remain in the unit. The Commissioner shall also make such a determination in the prescribed circumstances and every 60 days after the Commissioner’s last determination under this section that the inmate should remain in the unit.
Marginal note:Grounds
37.41 (1) The institutional head, the Commissioner or the committee established under subsection 37.31(3) may determine that an inmate should remain in a structured intervention unit only if they believe on reasonable grounds that allowing the inmate’s reintegration into the mainstream inmate population
Marginal note:Factors
(2) In making the determination, the institutional head, the Commissioner or the committee, as the case may be, shall take into account
Marginal note:Review of inmate’s case
37.5 If an inmate has been authorized to be transferred to a structured intervention unit the prescribed number of times or in the prescribed circumstances, the Service shall review the inmate’s case in the prescribed manner and within the prescribed period.
Marginal note:Appointment of independent external decision-maker
37.6 (1) The Minister shall appoint one or more persons to be independent external decision-makers.
Marginal note:Eligibility
(2) To be eligible for appointment as an independent external decision-maker, a person must have knowledge of administrative decision-making processes in general. A person is not eligible for appointment as an independent external decision-maker if the person was, at any time, in the previous five years a staff member or appointed under subsection 6(1).
Marginal note:Term
(3) An independent external decision-maker is to be appointed for a renewable term of not more than five years and holds office during good behaviour, but may be removed at any time for cause by the Minister.
Marginal note:Full-time or part-time
(4) An independent external decision-maker may be appointed to serve either full-time or part-time.
Marginal note:Remuneration and expenses
37.61 An independent external decision-maker is to be paid
(a) the remuneration that is fixed by the Treasury Board; and
(b) in accordance with Treasury Board directives, any travel and living expenses that they incur in the performance of their duties and functions while absent from their ordinary place of work, in the case of a full-time decision-maker, and their ordinary place of residence, in the case of a part-time decision-maker.
Marginal note:Information to be made available
37.7 (1) The Service shall furnish to an independent external decision-maker all information under the Service’s control that is relevant to the making of a determination in respect of an inmate by the independent external decision-maker.
Marginal note:Right to require information and documents
(2) For the purpose of making a determination in respect of an inmate, an independent external decision-maker may require any staff member, or any person whose services are engaged by or on behalf of the Service,
(a) to furnish any information that, in the decision-maker’s opinion, the staff member or person may be able to furnish in relation to the inmate’s case; and
(b) to produce, for examination by the decision-maker, any document or thing that, in the decision-maker’s opinion, relates to the inmate’s case and that may be in the possession or under the control of the staff member or person.
Marginal note:Return of document of thing
(3) Within 10 days after the day on which an independent external decision-maker makes a determination, the decision-maker shall return to the Service any document or thing furnished under subsection (1) or paragraph (2)(a) or produced under paragraph (2)(b), as well as any copy of one.
Marginal note:Disclosure to inmate
37.71 (1) Before making a determination in respect of an inmate, an independent external decision-maker shall provide or cause to be provided to the inmate, in writing, in whichever of the two official languages of Canada is requested by the inmate, the information that is to be considered by the decision-maker or a summary of that information, other than information provided to the independent external decision-maker by the inmate.
Marginal note:Exception
(2) The independent external decision-maker may withhold from the inmate as much information as is strictly necessary if the independent external decision-maker has reasonable grounds to believe that
Marginal note:Written representations
37.72 Before making a determination in respect of an inmate, an independent external decision-maker shall ensure that the inmate is given an opportunity to make written representations to the independent external decision-maker.
Marginal note:Access to inmate
37.73 For the purpose of making a determination in respect of an inmate, an independent external decision-maker may communicate with the inmate.
Marginal note:No disclosure
37.74 (1) Subject to subsection (2), an independent external decision-maker shall not disclose any information that comes to their knowledge in the course of the exercise of their powers, or the performance of their duties and functions, under this Act or any other Act of Parliament.
Marginal note:Exception
(2) An independent external decision-maker may disclose information referred to in subsection (1) in the exercise of their powers or the performance of their duties and functions.
Marginal note:Not to be witness
37.75 An independent external decisionmaker is not a competent or compellable witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise or purported exercise of their powers, or the performance or purported performance of their duties and functions, under this Act or any other Act of Parliament.
Marginal note:Protection of independent external decision-maker
37.76 No criminal or civil proceedings lie against an independent external decision-maker for anything done, reported or said in good faith in the course of the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the independent external decision-maker under this Act or any other Act of Parliament.
Marginal note:Publication of information
37.77 An independent external decision-maker may, in accordance with regulations made under paragraph 96(g.1), publish or otherwise disseminate information, other than personal information, relating to any determination made by the independent external decision-maker.
Marginal note:Decision after Commissioner’s determination
37.8 Thirty days after each of the Commissioner’s determinations under section 37.4 that an inmate should remain in a structured intervention unit, an independent external decision-maker shall, in accordance with regulations made under paragraph 96(g.1), determine whether the inmate should remain in the unit.
Marginal note:Decision after committee’s determination
37.81 If a committee established under subsection 37.31(3) determines that an inmate should remain in a structured intervention unit or determines that an inmate’s conditions of confinement in the structured intervention unit should not be altered in accordance with a recommendation of a registered health care professional under section 37.2, an independent external decision-maker shall, as soon as practicable, in accordance with regulations made under paragraph 96(g.1), determine whether the inmate should remain in the unit or whether the inmate’s conditions of confinement in the unit should be altered.
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
Marginal note:Factors
(2) In making the determination, the independent external decision-maker shall take into account
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.
Marginal note:2012, c. 1, s. 63(2)
11 Subsection 44(1) of the Act is amended by adding “and” after paragraph (d), by striking out “and” after paragraph (e) and by repealing paragraph (f).
12 Section 46 of the Act is amended by adding the following in alphabetical order:
- 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)
13 Subsection 47(1) of the French version of the Act is replaced by the following:
Marginal note:Fouille discrète ou fouille par palpation ordinaires
47 (1) Dans les cas prévus par règlement et justifiés par des raisons de sécurité, l’agent peut, sans soupçon précis, procéder à la fouille discrète ou à la fouille par palpation ordinaires des détenus.
14 Section 48 of the Act is replaced by the following:
Marginal note:Routine strip search of inmates
15 The Act is amended by adding the following after section 48:
Marginal note:Search by body scan
48.1 A staff member may, in the prescribed circumstances, conduct a body scan search of an inmate, and those circumstances must be limited to what is reasonably required for security purposes.
16 Section 51 of the Act is replaced by the following:
Marginal note:Detention in dry cell
51 (1) If the institutional head is satisfied that there are reasonable grounds to believe that an inmate has ingested contraband or is carrying contraband in a body cavity, the institutional head may authorize in writing the detention of the inmate in a cell without plumbing fixtures on the expectation that the contraband will be expelled.
Marginal note:Visits by registered health care professional
(2) The inmate must be visited at least once every day by a registered health care professional.
17 Section 59 of the French version of the Act is replaced by the following:
Marginal note:Fouille discrète ou fouille par palpation ordinaires
59 Dans les cas prévus par règlement et justifiés par des raisons de sécurité, l’agent peut, sans soupçon précis, procéder à la fouille discrète ou à la fouille par palpation ordinaires des visiteurs.
18 The Act is amended by adding the following after section 60:
Marginal note:Search by body scan
60.1 A staff member may, in the prescribed circumstances, conduct a body scan search of a visitor, and those circumstances must be limited to what is reasonably required for security purposes.
19 Subsection 61(1) of the French version of the Act is replaced by the following:
Marginal note:Fouille ordinaire
61 (1) Dans les cas prévus par règlement et justifiés par des raisons de sécurité, l’agent peut, sans soupçon précis et selon les modalités réglementaires, procéder à la fouille ordinaire des véhicules qui se trouvent au pénitencier.
20 Section 63 of the French version of the Act is replaced by the following:
Marginal note:Fouille discrète ou fouille par palpation ordinaires
63 Dans les cas prévus par règlement et justifiés par des raisons de sécurité, l’agent peut, sans soupçon précis, procéder à la fouille discrète ou à la fouille par palpation ordinaires d’autres agents.
21 The Act is amended by adding the following after section 64:
Marginal note:Search by body scan
64.1 A staff member may, in the prescribed circumstances, conduct a body scan search of another staff member, and those circumstances must be limited to what is reasonably required for security purposes.
22 Subsection 65(1) of the Act is replaced by the following:
Marginal note:Power to seize
65 (1) A staff member may seize contraband, or evidence relating to a disciplinary or criminal offence, found in the course of a search conducted under sections 47 to 64, except a body cavity search or a body scan search.
Marginal note:1995, c. 42, s. 21(F); 1997, c. 17, s. 15; 2012, c. 1, s. 66
23 The heading before section 79 and sections 79 and 80 of the Act are replaced by the following:
Indigenous Offenders
Marginal note:Definitions
79 In sections 79.1 to 84.1,
- correctional services
correctional services means services or programs for offenders, including their care, custody and supervision. (services correctionnels)
- Indigenous governing body
Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone)
- Indigenous organization
Indigenous organization means an organization with predominately Indigenous leadership. (organisme autochtone)
- Indigenous peoples of Canada
Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada)
Marginal note:Factors to be considered
79.1 (1) In making decisions under this Act affecting an Indigenous offender, the Service shall take the following into consideration:
(a) systemic and background factors affecting Indigenous peoples of Canada;
(b) systemic and background factors that have contributed to the overrepresentation of Indigenous persons in the criminal justice system and that may have contributed to the offender’s involvement in the criminal justice system; and
(c) the Indigenous culture and identity of the offender, including his or her family and adoption history.
Marginal note:Exception — risk assessment
(2) The factors described in paragraphs (1)(a) to (c) are not to be taken into consideration for decisions respecting the assessment of the risk posed by an Indigenous offender unless those factors could decrease the level of risk.
Marginal note:Programs
80 Without limiting the generality of section 76, the Service shall provide programs designed particularly to address the needs of Indigenous offenders.
24 (1) Subsection 81(1) of the Act is amended by replacing “aboriginal community” and “aboriginal offenders” with “Indigenous governing body or any Indigenous organization” and “Indigenous offenders”, respectively.
(2) Subsection 81(2) of the Act is amended by replacing “non-aboriginal offender” with “non-Indigenous offender”.
(3) Subsection 81(3) of the Act is amended by replacing “aboriginal community” with “appropriate Indigenous authority”.
Marginal note:1997, c. 17, s. 15; 2012, c. 1, s. 66
25 Sections 82 to 84.1 of the Act are replaced by the following:
Marginal note:Advisory committees
82 (1) The Service shall establish a national Indigenous advisory committee, and may establish regional and local Indigenous advisory committees, which shall provide advice to the Service on the provision of correctional services to Indigenous offenders.
Marginal note:Committees to consult
(2) For the purpose of carrying out their function under subsection (1), all committees shall consult regularly with Indigenous communities, Indigenous governing bodies, Indigenous organizations and other appropriate persons with knowledge of Indigenous matters.
Marginal note:Spiritual leaders and elders
83 (1) For greater certainty, Indigenous spirituality and Indigenous spiritual leaders and elders have the same status as other religions and other religious leaders.
Marginal note:Advice
(1.1) If the Service considers it appropriate in the circumstance, it shall seek advice from an Indigenous spiritual leader or elder when providing correctional services to an Indigenous inmate, particularly in matters of mental health and behaviour.
Marginal note:Obligation
(2) The Service shall take all reasonable steps to make available to Indigenous inmates the services of an Indigenous spiritual leader or elder after consultation with
Marginal note:Release into Indigenous community
84 If an inmate expresses an interest in being released into an Indigenous community, the Service shall, with the inmate’s consent, give the community’s Indigenous governing body
(a) adequate notice of the inmate’s parole review or their statutory release date, as the case may be; and
(b) an opportunity to propose a plan for the inmate’s release and integration into that community.
Marginal note:Plans – long-term supervision
84.1 If an offender who is required to be supervised by a long-term supervision order has expressed an interest in being supervised in an Indigenous community, the Service shall, with the offender’s consent, give the community’s Indigenous governing body
26 The definition health care in section 85 of the Act is replaced by the following:
- health care
health care means medical care, dental care and mental health care, provided by registered health care professionals or by persons acting under the supervision of registered health care professionals; (soins de santé)
27 Paragraph 86(1)(b) of the Act is replaced by the following:
(b) reasonable access to non-essential health care.
28 The Act is amended by adding the following after section 86:
Marginal note:Health care obligations
86.1 When health care is provided to inmates, the Service shall
(a) support the professional autonomy and the clinical independence of registered health care professionals and their freedom to exercise, without undue influence, their professional judgment in the care and treatment of inmates;
(b) support those registered health care professionals in their promotion, in accordance with their respective professional code of ethics, of patient-centred care and patient advocacy; and
(c) promote decision-making that is based on the appropriate medical care, dental care and mental health care criteria.
Marginal note:Designation of health care unit
86.2 The Commissioner may designate a penitentiary or any area in a penitentiary to be a health care unit.
Marginal note:Purpose
86.3 The purpose of a health care unit is to provide an appropriate living environment to facilitate an inmate’s access to health care.
Marginal note:Admission and discharge
86.4 The admission of inmates to and the discharge of inmates from health care units must be in accordance with regulations made under paragraph 96(g.2).
29 Paragraph 87(a) of the Act is replaced by the following:
(a) in all decisions affecting the offender, including decisions relating to placement, transfer, confinement in a structured intervention unit and disciplinary matters; and
30 The Act is amended by adding the following after section 89:
Marginal note:Patient advocacy services
89.1 The Service shall provide, in respect of inmates in penitentiaries designated by the Commissioner, access to patient advocacy services
31 (1) Paragraph 96(g) of the Act is replaced by the following:
(g) respecting the confinement of inmates in a structured intervention unit, including respecting the making of a determination by an institutional head, the Commissioner or the committee established under subsection 37.31(3) as to whether the conditions of confinement of an inmate in a structured intervention unit should be altered or as to whether an inmate should remain in such a unit;
(g.1) respecting the powers, duties and functions of independent external decisionmakers, including respecting the making of a determination as to whether the conditions of confinement of an inmate in a structured intervention unit should be altered or as to whether an inmate should remain in such a unit;
(2) Section 96 of the Act is amended by adding the following after paragraph (g.1):
(g.2) respecting the admission of inmates to and the discharge of inmates from health care units;
(2.1) Paragraph 96(l) of the French version of the Act is replaced by the following:
l) précisant la manière d’effectuer les inspections lors d’une fouille à nu, d’une fouille discrète ou d’une fouille par palpation, au sens de l’article 46;
Marginal note:2012, c. 1, s. 69(6)
(3) Paragraph 96(z.6) of the French version of the Act is replaced by the following:
z.6) concernant l’attribution d’une cote de sécurité au détenu et le classement de celui-ci dans une sous-catégorie au titre de l’article 30 ainsi que les critères de détermination de la cote et de la sous-catégorie;
32 (1) The definition provincial parole board in subsection 99(1) of the Act is replaced by the following:
- provincial parole board
provincial parole board means the Ontario Board of Parole, la Commission québécoise des libérations conditionnelles or any other parole board established by the legislature or the lieutenant governor in council of a province; (commission provinciale)
(2) Subsection 99(1) of the Act is amended by adding the following in alphabetical order:
- Indigenous
Indigenous has the same meaning as in Part I; (autochtone)
32.1 Paragraph 101(c) of the Act is replaced by the following:
(c) parole boards make the least restrictive determinations that are consistent with the protection of society;
Marginal note:1995, c. 42, s. 32(F)
33 Paragraph 116(1)(b) of the English version of Act is replaced by the following:
(b) it is desirable for the offender to be absent from the penitentiary for medical, administrative, community service, family contact, including parental responsibilities, personal development for rehabilitative purposes or compassionate reasons;
Marginal note:2015, c. 13, s. 49(3)
34 Subsection 140(13) of the Act is replaced by the following:
Marginal note:Audio recording
(13) Subject to any conditions specified by the Board, a victim, or a person referred to in subsection 142(3), is entitled, on request, after a hearing in respect of a review referred to in paragraph (1)(a) or (b), to listen to an audio recording of the hearing, other than portions of the hearing that the Board considers
(a) could reasonably be expected to jeopardize the safety of any person or reveal a source of information obtained in confidence; or
(b) should not be heard by the victim or a person referred to in subsection 142(3) because the privacy interests of any person clearly outweighs the interest of the victim or person referred to in that subsection.
Marginal note:1995, ch. 42, s. 58(F)
35 Subsection 151(3) of the Act is replaced by the following:
Marginal note:Respect for diversity
(3) Policies adopted under paragraph (2)(a) must respect gender, ethnic, cultural and linguistic differences and be responsive to the special needs of women and of Indigenous persons, as well as to the needs of other groups of offenders with special requirements.
36 Section 220 of the Act is repealed.
R.S., c. C-47Criminal Records Act
Marginal note:1992, c. 22, s. 6
37 Paragraph 6.1(1)(b) of the English version of the Criminal Records Act is replaced by the following:
(b) more than three years have elapsed since the day on which the offender was ordered discharged on the conditions prescribed in a probation order.
Transitional Provisions
Marginal note:Words and expressions
38 Unless the context otherwise requires, words and expressions used in sections 39 and 40 have the same meaning as in subsection 2(1) or 99(1) of the Corrections and Conditional Release Act.
Marginal note:Inmate is in administrative segregation
39 If an inmate is in administrative segregation immediately before the coming into force of section 10, on the day on which that section comes into force that inmate is deemed to have been authorized to be transferred to a structured intervention unit under an authorization given under subsection 29.01(1) of the Corrections and Conditional Release Act, as enacted by section 7.
Marginal note:Sanction under paragraph 44(1)(f)
40 An inmate who is subject to a disciplinary sanction referred to in paragraph 44(1)(f) of the Corrections and Conditional Release Act immediately before the coming into force of section 11 ceases to be subject to that sanction on the day on which that section comes into force.
Review and Report
Marginal note:Review by committee
40.1 (1) At the start of the fifth year after the day on which this section comes into force, a comprehensive review of the provisions enacted by this Act must be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.
Marginal note:Report to Parliament
(2) The committee referred to in subsection (1) must, within one year after the review is undertaken under that subsection, submit a report to the House or Houses of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends.
Coming into Force
Marginal note:Order in Council
41 (1) Sections 3, 7, 10, 11, 14 and 29 and subsection 31(1) come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in Council
(2) Sections 12, 15, 16, 18, 21 and 22 come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in Council
(3) Sections 28 and 30 and subsection 31(2) come into force on a day to be fixed by order of the Governor in Council.
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