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Corrections and Conditional Release Act (S.C. 1992, c. 20)

Act current to 2020-10-21 and last amended on 2019-11-30. Previous Versions

PART IInstitutional and Community Corrections (continued)

Health Care (continued)

Marginal note:Obligations of Service

  •  (1) The Service shall provide every inmate with

    • (a) essential health care; and

    • (b) reasonable access to non-essential health care.

  • Marginal note:Standards

    (2) The provision of health care under subsection (1) shall conform to professionally accepted standards.

  • 1992, c. 20, s. 86
  • 2019, c. 27, s. 27

Marginal note:Health care obligations

 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.

  • 2019, c. 27, s. 28

Marginal note:Designation of health care unit

 The Commissioner may designate a penitentiary or any area in a penitentiary to be a health care unit.

  • 2019, c. 27, s. 28

Marginal note:Purpose

 The purpose of a health care unit is to provide an appropriate living environment to facilitate an inmate’s access to health care.

  • 2019, c. 27, s. 28

Marginal note:Admission and discharge

 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).

  • 2019, c. 27, s. 28

Marginal note:Service to consider health factors

 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, confinement in a structured intervention unit and disciplinary matters; and

  • (b) in the preparation of the offender for release and the supervision of the offender.

  • 1992, c. 20, s. 87
  • 2019, c. 27, s. 29

Marginal note:When treatment permitted

  •  (1) Except as provided by subsection (5),

    • (a) treatment shall not be given to an inmate, or continued once started, unless the inmate voluntarily gives an informed consent thereto; and

    • (b) an inmate has the right to refuse treatment or withdraw from treatment at any time.

  • 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

    • (a) approved the treatment demonstration program as clinically sound and in conformity with accepted ethical standards; and

    • (b) reviewed the inmate’s consent to the treatment and determined that it was given in accordance with this section.

  • 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.

Marginal note:Force-feeding

 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.

Marginal note:Patient advocacy services

 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.

  • 2019, c. 27, s. 30

Grievance or Complaint Procedure

Marginal note:Grievance procedure

 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

 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.

  •  (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

Marginal note:Regulations

 The Governor in Council may make regulations respecting the complaints and grievances regime with respect to offenders who are subject to a prohibition under subsection 91.1(1).

  • 2013, c. 3, s. 2

Release of Inmates

Marginal note:General

 An inmate may be released from a penitentiary or from any other place designated by the Commissioner.

Marginal note:Timing of release from penitentiary

  •  (1) Except as provided by subsection (2), an inmate who is entitled to be released from penitentiary on a particular day by virtue of statutory release or the expiration of the sentence shall be released during normal business hours on the last working day before that day.

  • Marginal note:Earlier release in some cases

    (2) Where the institutional head is satisfied that an inmate’s re-entry into the community will be facilitated by an earlier release than that provided for by subsection (1), the institutional head may release the inmate up to five days before the day on which the inmate is entitled to be released by virtue of statutory release or the expiration of the sentence.

  • Marginal note:When inmate deemed released

    (3) An inmate who is released pursuant to subsection (2) shall be deemed to have been released by virtue of statutory release or the expiration of the sentence, as the case may be, at the moment of actual release.

  • (3.1) [Repealed, 2011, c. 11, s. 2]

  • Marginal note:Release on request

    (4) Where an inmate who is in penitentiary pursuant to subsection 94(1) requests to be released, the Service shall release the inmate as soon as reasonably possible, but is not required to release the inmate except during normal business hours on a working day.

  • (5) [Repealed, 1995, c. 42, s. 23]

  • 1992, c. 20, s. 93
  • 1995, c. 42, s. 23
  • 2011, c. 11, s. 2
  • 2012, c. 1, s. 67(F)
 
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