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

Act current to 2019-06-20 and last amended on 2018-12-18. Previous Versions

PART IInstitutional and Community Corrections (continued)

Interpretation (continued)

Marginal note:Application to persons subject to long-term supervision order

 A person who is required to be supervised by a long-term supervision order is deemed to be an offender for the purposes of this Part, and sections 3, 4, 23 to 27, 55 and 56, subsections 57(2) and 66(3), sections 68, 69, 76, 77 and 79 to 82, paragraph 87(b) and sections 90 and 91 apply, with such modifications as the circumstances require, to the person and to the long-term supervision of that person.

  • 1997, c. 17, s. 12

Purpose and Principles

Marginal note:Purpose of correctional system

 The purpose of the federal correctional system is to contribute to the maintenance of a just, peaceful and safe society by

  • (a) carrying out sentences imposed by courts through the safe and humane custody and supervision of offenders; and

  • (b) assisting the rehabilitation of offenders and their reintegration into the community as law-abiding citizens through the provision of programs in penitentiaries and in the community.

Marginal note:Paramount consideration

 The protection of society is the paramount consideration for the Service in the corrections process.

  • 2012, c. 1, s. 54

Marginal note:Principles that guide Service

 The principles that guide the Service in achieving the purpose referred to in section 3 are as follows:

  • (a) the sentence is carried out having regard to all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the offender, information from the trial or sentencing process, the release policies of and comments from the Parole Board of Canada and information obtained from victims, offenders and other components of the criminal justice system;

  • (b) the Service enhances its effectiveness and openness through the timely exchange of relevant information with victims, offenders and other components of the criminal justice system and through communication about its correctional policies and programs to victims, offenders and the public;

  • (c) the Service uses measures that are consistent with the protection of society, staff members and offenders and that are limited to only what is necessary and proportionate to attain the purposes of this Act;

  • (d) offenders retain the rights of all members of society except those that are, as a consequence of the sentence, lawfully and necessarily removed or restricted;

  • (e) the Service facilitates the involvement of members of the public in matters relating to the operations of the Service;

  • (f) correctional decisions are made in a forthright and fair manner, with access by the offender to an effective grievance procedure;

  • (g) correctional policies, programs and practices respect gender, ethnic, cultural and linguistic differences and are responsive to the special needs of women, aboriginal peoples, persons requiring mental health care and other groups;

  • (h) offenders are expected to obey penitentiary rules and conditions governing temporary absences, work release, parole, statutory release and long-term supervision and to actively participate in meeting the objectives of their correctional plans, including by participating in programs designed to promote their rehabilitation and reintegration; and

  • (i) staff members are properly selected and trained and are given

    • (i) appropriate career development opportunities,

    • (ii) good working conditions, including a workplace environment that is free of practices that undermine a person’s sense of personal dignity, and

    • (iii) opportunities to participate in the development of correctional policies and programs.

  • 1992, c. 20, s. 4
  • 1995, c. 42, s. 2(F)
  • 2012, c. 1, ss. 54, 160

Correctional Service of Canada

Marginal note:Correctional Service of Canada

 There shall continue to be a correctional service in and for Canada, to be known as the Correctional Service of Canada, which shall be responsible for

  • (a) the care and custody of inmates;

  • (b) the provision of programs that contribute to the rehabilitation of offenders and to their successful reintegration into the community;

  • (c) the preparation of inmates for release;

  • (d) parole, statutory release supervision and long-term supervision of offenders; and

  • (e) maintaining a program of public education about the operations of the Service.

  • 1992, c. 20, s. 5
  • 1997, c. 17, s. 13

Marginal note:Commissioner

  •  (1) The Governor in Council may appoint a person to be known as the Commissioner of Corrections who, under the direction of the Minister, has the control and management of the Service and all matters connected with the Service.

  • Marginal note:National headquarters

    (2) The national headquarters of the Service and the offices of the Commissioner shall be in the National Capital Region described in the schedule to the National Capital Act.

  • Marginal note:Regional headquarters

    (3) The Commissioner may establish regional headquarters of the Service.

Marginal note:Penitentiaries

  •  (1) Subject to subsection (3), the Commissioner may, by order, declare any prison as defined in the Prisons and Reformatories Act, or any hospital, to be a penitentiary in respect of any person or class of persons.

  • Marginal note:Idem

    (2) Subject to subsection (3), the Governor in Council may, by order, declare any place to be a penitentiary.

  • Marginal note:Provincial approval

    (3) No prison, hospital or place administered or supervised under the authority of an Act of the legislature of a province may be declared a penitentiary under subsection (1) or (2) without the approval of an officer designated by the lieutenant governor of that province.

Marginal note:Lands constituting penitentiary

 In any proceedings before a court in Canada in which a question arises concerning the location or description of lands alleged to constitute a penitentiary, a certificate purporting to be signed by the Commissioner, setting out the location or description of those lands as constituting a penitentiary, is admissible in evidence and, in the absence of any evidence to the contrary, is proof that the lands as located or described in the certificate constitute a penitentiary.

Marginal note:Lawful custody

 For greater certainty, a person who is an inmate by virtue of subparagraph (b)(ii) of the definition “inmate” in section 2 shall be deemed to be in the lawful custody of the Service.

Marginal note:Peace officer status

 The Commissioner may in writing designate any staff member, either by name or by class, to be a peace officer, and a staff member so designated has all the powers, authority, protection and privileges that a peace officer has by law in respect of

  • (a) an offender subject to a warrant or to an order for long-term supervision; and

  • (b) any person, while the person is in a penitentiary.

  • 1992, c. 20, s. 10
  • 1995, c. 42, s. 3
  • 1997, c. 17, s. 14

Reception of Inmates

Marginal note:General

 A person who is sentenced, committed or transferred to penitentiary may be received into any penitentiary, and any designation of a particular penitentiary in the warrant of committal is of no force or effect.

Marginal note:Recommitment to custody

 Where a person who is sentenced, committed or transferred to penitentiary is at large without lawful authority before the expiration of the sentence according to law and where no alternative means of arrest are available, the institutional head may, by warrant, authorize the apprehension and recommitment of the person to custody in a penitentiary.

  • 1995, c. 42, s. 4

Marginal note:Fifteen day delay

 In order to better enable a person who has been sentenced to penitentiary or who is required by law to be transferred to penitentiary to file an appeal or attend to personal affairs, such a person shall not be received in penitentiary until the expiration of fifteen days after the day on which the person was sentenced, unless the person agrees to be transferred to a penitentiary before the expiration of those fifteen days.

Marginal note:Medical certificate

 The institutional head may refuse to receive a person referred to in section 12 into the penitentiary if there is not a certificate signed by a registered health care professional setting out available health information and stating whether or not the person appears to be suffering from a dangerous, infectious or contagious disease.

 
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