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.
- Date modified: