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
1992, c. 20Corrections and Conditional Release Act (continued)
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
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.
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
(a) the national Indigenous advisory committee established under section 82; and
(b) the appropriate regional and local Indigenous advisory committees.
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
(a) adequate notice of the order; and
(b) an opportunity to propose a plan for the offender’s release on supervision, and integration, into that community.
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
(a) to support inmates in relation to their health care matters; and
(b) to enable inmates and their families or an individual identified by the inmate as a support person to understand the rights and responsibilities of inmates related to health care.
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)
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