PART IInstitutional and Community Corrections (continued)
Aboriginal Offenders (continued)
81 (1) The Minister, or a person authorized by the Minister, may enter into an agreement with an aboriginal community for the provision of correctional services to aboriginal offenders and for payment by the Minister, or by a person authorized by the Minister, in respect of the provision of those services.
Marginal note:Scope of agreement
(2) Notwithstanding subsection (1), an agreement entered into under that subsection may provide for the provision of correctional services to a non-aboriginal offender.
Marginal note:Placement of offender
(3) In accordance with any agreement entered into under subsection (1), the Commissioner may transfer an offender to the care and custody of an aboriginal community, with the consent of the offender and of the aboriginal community.
- 1992, c. 20, s. 81
- 1995, c. 42, s. 21(F)
Marginal note:Advisory committees
82 (1) The Service shall establish a National Aboriginal Advisory Committee, and may establish regional and local aboriginal advisory committees, which shall provide advice to the Service on the provision of correctional services to aboriginal offenders.
Marginal note:Committees to consult
(2) For the purpose of carrying out their function under subsection (1), all committees shall consult regularly with aboriginal communities and other appropriate persons with knowledge of aboriginal matters.
Marginal note:Spiritual leaders and elders
(2) The Service shall take all reasonable steps to make available to aboriginal inmates the services of an aboriginal spiritual leader or elder after consultation with
Marginal note:Release to aboriginal community
84 If an inmate expresses an interest in being released into an aboriginal community, the Service shall, with the inmate’s consent, give the aboriginal community
(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.
- 1992, c. 20, s. 84
- 2012, c. 1, s. 66
Marginal note:Plans with respect to long-term supervision
84.1 Where an offender who is required to be supervised by a long-term supervision order has expressed an interest in being supervised in an aboriginal community, the Service shall, if the offender consents, give the aboriginal community
(a) adequate notice of the order; and
(b) an opportunity to propose a plan for the offender’s release on supervision, and integration, into the aboriginal community.
- 1997, c. 17, s. 15
85 In sections 86 and 87,
- health care
health care means medical care, dental care and mental health care, provided by registered health care professionals; (soins de santé)
- mental health care
mental health care means the care of a disorder of thought, mood, perception, orientation or memory that significantly impairs judgment, behaviour, the capacity to recognize reality or the ability to meet the ordinary demands of life; (soins de santé mentale)
treatment means health care treatment. (Version anglaise seulement)
Marginal note:Obligations of Service
(2) The provision of health care under subsection (1) shall conform to professionally accepted standards.
Marginal note:Service to consider health factors
87 The Service shall take into consideration an offender’s state of health and health care needs
(a) in all decisions affecting the offender, including decisions relating to placement, transfer, administrative segregation and disciplinary matters; and
(b) in the preparation of the offender for release and the supervision of the offender.
Marginal note:When treatment permitted
Marginal note:Meaning of informed consent
(2) For the purpose of paragraph (1)(a), an inmate’s consent to treatment is informed consent only if the inmate has been advised of, and has the capacity to understand,
(a) the likelihood and degree of improvement, remission, control or cure as a result of the treatment;
(b) any significant risk, and the degree thereof, associated with the treatment;
(c) any reasonable alternatives to the treatment;
(d) the likely effects of refusing the treatment; and
(e) the inmate’s right to refuse the treatment or withdraw from the treatment at any time.
Marginal note:Special case
(3) For the purpose of paragraph (1)(a), an inmate’s consent to treatment shall not be considered involuntary merely because the treatment is a requirement for a temporary absence, work release or parole.
Marginal note:Treatment demonstration programs
(4) Treatment under a treatment demonstration program shall not be given to an inmate unless a committee that is independent of the Service and constituted as prescribed has
Marginal note:Where provincial law applies
(5) Where an inmate does not have the capacity to understand all the matters described in paragraphs (2)(a) to (e), the giving of treatment to an inmate shall be governed by the applicable provincial law.
89 The Service shall not direct the force-feeding, by any method, of an inmate who had the capacity to understand the consequences of fasting at the time the inmate made the decision to fast.
Grievance or Complaint Procedure
Marginal note:Grievance procedure
90 There shall be a procedure for fairly and expeditiously resolving offenders’ grievances on matters within the jurisdiction of the Commissioner, and the procedure shall operate in accordance with the regulations made under paragraph 96(u).
Marginal note:Access to grievance procedure
91 Every offender shall have complete access to the offender grievance procedure without negative consequences.
- 1992, c. 20, s. 91
- 1995, c. 42, s. 22(F)
Marginal note:Frivolous complaints, etc.
91.1 (1) If the Commissioner is satisfied that an offender has persistently submitted complaints or grievances that are frivolous, vexatious or not made in good faith, the Commissioner may, in accordance with the prescribed procedures, prohibit an offender from submitting any further complaint or grievance except by leave of the Commissioner.
Marginal note:Review of prohibition
(2) The Commissioner shall review each prohibition under subsection (1) annually and shall give the offender written reasons for his or her decision to maintain or lift it.
- 2013, c. 3, s. 2
- Date modified: