PART IInstitutional and Community Corrections (continued)
Search and Seizure (continued)
Power to Seize
Marginal note:Power to seize
65 (1) Subject to section 50, a staff member may seize contraband, or evidence relating to a disciplinary or criminal offence, found in the course of a search conducted pursuant to sections 47 to 64, except a body cavity search or a search described in paragraph 51(a).
(2) A medical practitioner conducting a body cavity search may seize contraband or evidence relating to a disciplinary or criminal offence found in the course of that search.
(3) A person conducting a search pursuant to subsection 47(2) or 49(2) may seize contraband found in the course of that search.
Searches in Community-based Residential Facilities
Marginal note:Frisk search, room search
(a) conduct a frisk search of an offender in that facility, and
(b) search an offender’s room and its contents,
where the employee suspects on reasonable grounds that the offender is violating or has violated a condition of the offender’s parole, statutory release or temporary absence and that such a search is necessary to confirm the suspected violation.
Marginal note:Power to seize
(2) An employee who conducts a search pursuant to subsection (1) may seize any evidence of a violation of the offender’s conditions of release found in the course of the search.
Marginal note:Definition of community-based residential facility
(3) In this section, community-based residential facility means a place that provides accommodation to offenders who are on parole, statutory release or temporary absence.
- 1992, c. 20, s. 66
- 1995, c. 42, s. 71(F)
Reports Relating to Searches and Seizures
Marginal note:Reports to be submitted
67 Reports in respect of searches conducted pursuant to sections 47 to 66, and in respect of the seizure of items in the course of those searches, must be submitted where required by regulations made under paragraph 96(o) and in accordance with those regulations.
- 1992, c. 20, s. 67
- 1995, c. 42, s. 16
General — Living Conditions
Marginal note:Instruments of restraint
68 No person shall apply an instrument of restraint to an offender as punishment.
Marginal note:Cruel treatment, etc.
69 No person shall administer, instigate, consent to or acquiesce in any cruel, inhumane or degrading treatment or punishment of an offender.
Marginal note:Living conditions, etc.
70 The Service shall take all reasonable steps to ensure that penitentiaries, the penitentiary environment, the living and working conditions of inmates and the working conditions of staff members are safe, healthful and free of practices that undermine a person’s sense of personal dignity.
- 1992, c. 20, s. 70
- 1995, c. 42, s. 17(F)
Marginal note:Contacts and visits
71 (1) In order to promote relationships between inmates and the community, an inmate is entitled to have reasonable contact, including visits and correspondence, with family, friends and other persons from outside the penitentiary, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.
Marginal note:Visitors’ permitted items
(2) At each penitentiary, a conspicuous notice shall be posted at the visitor control point, listing the items that a visitor may have in possession beyond the visitor control point.
Marginal note:Where visitor has non-permitted item
(3) Where a visitor has in possession, beyond the visitor control point, an item not listed on the notice mentioned in subsection (2) without having previously obtained the permission of a staff member, a staff member may terminate or restrict the visit.
Marginal note:Members of Parliament, judges
72 Every member of the House of Commons, every Senator and every judge of a court in Canada has the right to
(a) enter any penitentiary,
(b) visit any part of a penitentiary, and
(c) visit any inmate, with the consent of the inmate,
subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.
- 1992, c. 20, s. 72
- 1995, c. 42, s. 18(F)
Marginal note:Assembly and association
73 Inmates are entitled to reasonable opportunities to assemble peacefully and associate with other inmates within the penitentiary, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.
Marginal note:Inmate input into decisions
74 The Service shall provide inmates with the opportunity to contribute to decisions of the Service affecting the inmate population as a whole, or affecting a group within the inmate population, except decisions relating to security matters.
75 An inmate is entitled to reasonable opportunities to freely and openly participate in, and express, religion or spirituality, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.
- 1992, c. 20, s. 75
- 1995, c. 42, s. 19(F)
Programs for Offenders
Marginal note:Programs for offenders generally
76 The Service shall provide a range of programs designed to address the needs of offenders and contribute to their successful reintegration into the community.
Marginal note:Programs for female offenders
77 Without limiting the generality of section 76, the Service shall
(a) provide programs designed particularly to address the needs of female offenders; and
(b) consult regularly about programs for female offenders with
with expertise on, and experience in working with, female offenders.
Marginal note:Payments to offenders
(a) encouraging offenders to participate in programs provided by the Service, or
(b) providing financial assistance to offenders to facilitate their reintegration into the community,
the Commissioner may authorize payments to offenders at rates approved by the Treasury Board.
(2) Where an offender receives a payment referred to in subsection (1) or income from a prescribed source, the Service may
(a) make deductions from that payment or income in accordance with regulations made under paragraph 96(z.2) and any Commissioner’s Directive; and
(b) require that the offender pay to Her Majesty in right of Canada, in accordance with regulations made pursuant to paragraph 96(z.2.1) and as set out in a Commissioner’s Directive, an amount, not exceeding thirty per cent of the gross payment referred to in subsection (1) or gross income, for reimbursement of the costs of the offender’s food and accommodation incurred while the offender was receiving that income or payment, or for reimbursement of the costs of work-related clothing provided to the offender by the Service.
- 1992, c. 20, s. 78
- 1995, c. 42, s. 20
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)
- 1992, c. 20, s. 79
- 2019, c. 27, s. 23
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