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

Work Releases

Definition of work release

• 18 (1) In this section, work release means a structured program of release of specified duration for work or community service outside the penitentiary, under the supervision of a staff member or other person or organization authorized by the institutional head.

• Marginal note:Work releases may be authorized

  (2) Where an inmate is eligible for unescorted temporary absences under Part II or pursuant to section 746.1 of the Criminal Code, subsection 226.1(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act, and, in the opinion of the institutional head,

  • (a) the inmate will not, by reoffending, present an undue risk to society during a work release,

  • (b) it is desirable for the inmate to participate in a structured program of work or community service in the community,

  • (c) the inmate’s behaviour while under sentence does not preclude authorizing the work release, and

  • (d) a structured plan for the work release has been prepared,

  the institutional head may authorize a work release, for such duration as is fixed by the institutional head, subject to the approval of the Commissioner if the duration is to exceed sixty days.

• Marginal note:Conditions

  (3) The institutional head may impose, in relation to a work release, any conditions that the institutional head considers reasonable and necessary in order to protect society.

• Marginal note:Suspension or cancellation

  (4) The institutional head may suspend or cancel a work release either before or after its commencement.

• Marginal note:Reasons to be given

  (5) The institutional head shall give the inmate written reasons for the authorizing, refusal, suspension or cancellation of a work release.

• Marginal note:Warrant

  (6) Where a work release is suspended or cancelled after its commencement, the institutional head may cause a warrant in writing to be issued authorizing the apprehension and recommitment to custody of the inmate.

Investigations

Marginal note:General

• 19 (1) Where an inmate dies or suffers serious bodily injury, the Service shall, whether or not there is an investigation under section 20, forthwith investigate the matter and report thereon to the Commissioner or to a person designated by the Commissioner.

• Marginal note:Exceptions

  (1.1) Subsection (1) does not apply to

  • (a) a death that results from an inmate receiving medical assistance in dying, as defined in section 241.1 of the Criminal Code, in accordance with section 241.2 of that Act; or

  • (b) if a registered health care professional advises the Service in writing that the registered health care professional has reasonable grounds to believe that an inmate’s death is from a natural cause.

• Marginal note:Copy to Correctional Investigator

  (2) The Service shall give the Correctional Investigator, as defined in Part III, a copy of its report referred to in subsection (1).

Marginal note:Quality of care review

• 19.1 (1) If a registered health care professional advises the Service in writing that the registered health care professional has reasonable grounds to believe that the death of an inmate is from a natural cause, the Service shall, whether or not there is an investigation under section 20, without delay, cause a review to be conducted by a registered health care professional employed or engaged by the Service for the purpose of determining the quality of care provided to the inmate in the penitentiary. The registered health care professional shall report on the review to the Commissioner or to a person designated by the Commissioner.

• Marginal note:Copy to Correctional Investigator

  (2) The Service shall give the Correctional Investigator, as defined in Part III, a copy of its report referred to in subsection (1).

Marginal note:Special investigations

20 The Commissioner may appoint a person or persons to investigate and report on any matter relating to the operations of the Service.

Marginal note:Application of Inquiries Act

21 Sections 7 to 13 of the Inquiries Act apply in respect of investigations carried on under section 20

• (a) as if the references to “commissioners” in those sections were references to the person or persons appointed under section 20; and

• (b) with such other modifications as the circumstances require.

Compensation for Death or Disability

Marginal note:Minister may pay compensation

22 The Minister or a person authorized by the Minister may, subject to and in accordance with the regulations, pay compensation in respect of the death or disability of

• (a) an inmate, or

• (b) a person on day parole

that is attributable to the participation of that inmate or person in an approved program.

Information

Marginal note:Service to obtain certain information about offender

• 23 (1) When a person is sentenced, committed or transferred to penitentiary, the Service shall take all reasonable steps to obtain, as soon as is practicable,

  • (a) relevant information about the offence;

  • (b) relevant information about the person’s personal history, including the person’s social, economic, criminal and young-offender history;

  • (c) any reasons and recommendations relating to the sentencing or committal that are given or made by

    • (i) the court that convicts, sentences or commits the person, and

    • (ii) any court that hears an appeal from the conviction, sentence or committal;

  • (d) any reports relevant to the conviction, sentence or committal that are submitted to a court mentioned in subparagraph (c)(i) or (ii); and

  • (e) any other information relevant to administering the sentence or committal, including existing information from the victim, the victim impact statement and the transcript of any comments made by the sentencing judge regarding parole eligibility.

• Marginal note:Access by offender

  (2) Where access to the information obtained by the Service pursuant to subsection (1) is requested by the offender in writing, the offender shall be provided with access in the prescribed manner to such information as would be disclosed under the Privacy Act and the Access to Information Act.

• Marginal note:Disclosure to Service

  (3) No provision in the Privacy Act or the Access to Information Act shall operate so as to limit or prevent the Service from obtaining any information referred to in paragraphs (1)(a) to (e).

Marginal note:Accuracy, etc., of information

• 24 (1) The Service shall take all reasonable steps to ensure that any information about an offender that it uses is as accurate, up to date and complete as possible.

• Marginal note:Correction of information

  (2) Where an offender who has been given access to information by the Service pursuant to subsection 23(2) believes that there is an error or omission therein,

  • (a) the offender may request the Service to correct that information; and

  • (b) where the request is refused, the Service shall attach to the information a notation indicating that the offender has requested a correction and setting out the correction requested.

Marginal note:Service to give information to parole boards, etc.

• 25 (1) The Service must give, at the appropriate times, to the Parole Board of Canada, provincial governments, provincial parole boards, police and any body authorized by the Service to supervise offenders, all information, including historical information, under its control that is relevant to release decision-making or to the supervision or surveillance of offenders.

• Marginal note:Notice to police

  (2) Before the release of an inmate on an unescorted temporary absence, parole or statutory release, the Service must notify the police.

• Marginal note:Service to give information to police

  (3) If the Service has reasonable grounds to believe that an offender whose sentence or long-term supervision order is about to expire poses a threat to any person, the Service must, prior to the expiry and on a timely basis, take all reasonable steps to give the police all information under its control that is relevant to that perceived threat.

Marginal note:Arrangement — component of criminal justice system

• 25.1 (1) The Service may enter into an arrangement with another component of the criminal justice system in order to disclose information about offenders.

• Marginal note:Information disclosure

  (2) The Service may, in accordance with an arrangement referred to in subsection (1), disclose to the component of the criminal justice system information, including historical information, about an offender if the Service is satisfied that

  • (a) the information requested is relevant to the mandate and responsibilities of that component of the criminal justice system; and

  • (b) the purpose of the disclosure is to further the proper functioning of the criminal justice system by

    • (i) facilitating the functions of a coroner or a medical examiner,

    • (ii) facilitating the carrying out of a fatality inquest or inquiry,

    • (iii) facilitating the process for a request for extradition,

    • (iv) supporting the functions of the components of the criminal justice system that track high-risk offenders and coordinate information sharing about those offenders,

    • (v) enabling Crown attorneys to make an application under Part XXIV of the Criminal Code for a finding that a person is a dangerous offender or a long-term offender, or

    • (vi) carrying out any other prescribed matter.

Marginal note:Information disclosure — correctional authorities

25.2 The Service may, for the purpose of furthering the proper functioning of the criminal justice system, disclose to the correctional authorities of a province

• (a) information, including historical information, related to activities that jeopardize the safety of any person or the security of a correctional facility, including the identities, capabilities and intentions of the persons involved in those activities and the methods they use to carry them out;

• (b) information, including historical information, related to the care and custody of a person who is or is to be in the lawful custody of that correctional authority; and

• (c) information, including historical information, related to a security threat group identified in accordance with the Commissioner’s Directives, including information related to the persons associated with the group, its structure, its activities — including recruitment activities — and its internal dynamics, as well as its relationships with one or more such groups.

Marginal note:Information disclosure — police

25.3 The Commissioner or a staff member designated by the Commissioner may disclose to the police

• (a) information related to activities that jeopardize the safety of any person or the security of a penitentiary, including the identities of persons involved in those activities, their intentions and capabilities with respect to those activities and their methods of carrying them out, for the purpose of preventing or mitigating the harm resulting from those activities;

• (b) information related to a security threat group identified in accordance with the Commissioner’s Directives, including information related to the persons associated with the group, its structure, its activities — including recruitment activities — and its internal dynamics, as well as its relationships with one or more such groups, for the purpose of managing risks to the safety of any person or to the public or to the security of a penitentiary;

• (c) information related to an activity of an offender, for the purpose of protecting a victim in accordance with the Canadian Victims Bill of Rights;

• (d) information related to an offender for whom a warrant of apprehension referred to in subsection 137(1) is issued, including data from a monitoring device, for the purpose of locating and apprehending the offender;

• (e) information related to an offender who is at risk of non-compliance with a condition of their unescorted temporary absence, parole, statutory release or long-term supervision, for the purpose of supervision or surveillance of the offender;

• (f) information related to an offender, for the purpose of supporting the consideration of their temporary absence request or release plan for parole or of planning for their statutory release or long-term supervision;

• (g) information related to a person, if

  • (i) the Commissioner or the staff member designated by the Commissioner is satisfied that there are reasonable grounds to believe that the person has committed a criminal offence, and

  • (ii) the Service obtained the information in the course of exercising its powers or performing its duties and functions under this Act or any other Act of Parliament; and

• (h) information related to any other prescribed matter.

Marginal note:Principles

25.4 The principles that guide the Service in sharing information under sections 25.1 to 25.3 are as follows:

• (a) an offender is expected not to reoffend or continue to be involved in criminal activity while under sentence or supervision;

• (b) the Service furthers the protection of society and promotes offender accountability by sharing relevant information at the appropriate time with appropriate components of the criminal justice system;

• (c) the Service furthers the rehabilitation and reintegration of an offender into society as a law-abiding citizen by sharing relevant information at an appropriate time with federal and provincial authorities so that those authorities can carry out their mandated duties in relation to that purpose;

• (d) the Service discloses personal information in a reasonable and proportionate manner, with a view to minimizing negative impacts on, or risks to, the affected individual;

• (e) the Service takes reasonable measures to limit the disclosure of any irrelevant personal information;

• (f) the Service documents all disclosures of personal information, including the legal authority for, and the purpose and recipient of, the disclosure and maintains records in respect of those disclosures;

• (g) the Service takes reasonable measures to ensure that any personal information it discloses is accurate, up to date and complete; and

• (h) the Service is accountable in respect of the disclosure of personal information under this Act and it undertakes a transparent and ongoing review of its information disclosure practices, with a view to improving them.