PART IInstitutional and Community Corrections (continued)
Marginal note:Victim-offender mediation services
26.1 (1) The Service shall provide every victim, and every person referred to in subsection 26(3), who has registered themselves with the Service for the purposes of this section with information about its restorative justice programs and its victim-offender mediation services, and, on the victim’s or other person’s request, may take measures to provide those services.
Marginal note:Consent required
(2) The Service’s victim-offender mediation services are to be provided in accordance with the Commissioner’s Directives and they may be provided only with the informed consent of the participants that is voluntarily given.
- 2015, c. 13, s. 47
Marginal note:Information to be given to offenders
27 (1) Where an offender is entitled by this Part or the regulations to make representations in relation to a decision to be taken by the Service about the offender, the person or body that is to take the decision shall, subject to subsection (3), give the offender, a reasonable period before the decision is to be taken, all the information to be considered in the taking of the decision or a summary of that information.
(2) Where an offender is entitled by this Part or the regulations to be given reasons for a decision taken by the Service about the offender, the person or body that takes the decision shall, subject to subsection (3), give the offender, forthwith after the decision is taken, all the information that was considered in the taking of the decision or a summary of that information.
(3) Except in relation to decisions on disciplinary offences, where the Commissioner has reasonable grounds to believe that disclosure of information under subsection (1) or (2) would jeopardize
(a) the safety of any person,
(b) the security of a penitentiary, or
(c) the conduct of any lawful investigation,
the Commissioner may authorize the withholding from the offender of as much information as is strictly necessary in order to protect the interest identified in paragraph (a), (b) or (c).
Marginal note:Right to interpreter
(4) An offender who does not have an adequate understanding of at least one of Canada’s official languages is entitled to the assistance of an interpreter
- 1992, c. 20, s. 27
- 1995, c. 42, s. 10(F)
Placement and Transfer of Inmates
Marginal note:Criteria for selection of penitentiary
28 If a person is or is to be confined in a penitentiary, the Service shall take all reasonable steps to ensure that the penitentiary in which they are confined is one that provides them with the least restrictive environment for that person, taking into account
(a) the degree and kind of custody and control necessary for
(b) accessibility to
(c) the availability of appropriate programs and services and the person’s willingness to participate in those programs.
- 1992, c. 20, s. 28
- 2012, c. 1, s. 58
- 2019, c. 27, s. 6
29 The Commissioner may authorize the transfer of a person who is sentenced, transferred or committed to a penitentiary to
(a) another penitentiary in accordance with the regulations made under paragraph 96(d), subject to section 28; or
(b) a provincial correctional facility or hospital in accordance with an agreement entered into under paragraph 16(1)(a) and any applicable regulations.
- 1992, c. 20, s. 29
- 1995, c. 42, s. 11
Marginal note:Commissioner to classify penitentiaries or areas
29.1 The Commissioner may assign the security classification of “minimum security”, “medium security”, “maximum security” or “multi-level security”, or any other prescribed security classification, to each penitentiary or to any area in a penitentiary.
- 2019, c. 27, s. 8
Marginal note:Service to classify each inmate
Marginal note:Service to give reasons
(2) The Service shall give each inmate reasons, in writing, for assigning a particular security classification or for changing that classification.
(3) Within the maximum and medium security classifications, the Commissioner may assign an inmate to a subclassification in accordance with the regulations made under paragraph 96(z.6).
Marginal note:Commissioner to give reasons
(4) The Commissioner or the staff member designated by the Commissioner shall give each inmate reasons, in writing, for assigning them to a subclassification or for changing that subclassification.
- 1992, c. 20, s. 30
- 2012, c. 1, s. 59
- 2019, c. 27, s. 9(F)
(2) The inmate is to be released from administrative segregation at the earliest appropriate time.
Marginal note:Grounds for confining inmate in administrative segregation
(3) The institutional head may order that an inmate be confined in administrative segregation if the institutional head is satisfied that there is no reasonable alternative to administrative segregation and he or she believes on reasonable grounds that
(a) the inmate has acted, has attempted to act or intends to act in a manner that jeopardizes the security of the penitentiary or the safety of any person and allowing the inmate to associate with other inmates would jeopardize the security of the penitentiary or the safety of any person;
(b) allowing the inmate to associate with other inmates would interfere with an investigation that could lead to a criminal charge or a charge under subsection 41(2) of a serious disciplinary offence; or
(c) allowing the inmate to associate with other inmates would jeopardize the inmate’s safety.
- 1992, c. 20, s. 31
- 2012, c. 1, s. 60
Marginal note:Considerations governing release
32 All recommendations to the institutional head referred to in paragraph 33(1)(c) and all decisions by the institutional head to release or not to release an inmate from administrative segregation shall be based on the considerations set out in section 31.
Marginal note:Case to be reviewed
(a) conduct, at the prescribed time and in the prescribed manner, a hearing to review the inmate’s case;
(b) conduct, at prescribed times and in the prescribed manner, further regular hearings to review the inmate’s case; and
(c) recommend to the institutional head, after the hearing mentioned in paragraph (a) and after each hearing mentioned in paragraph (b), whether or not the inmate should be released from administrative segregation.
Marginal note:Presence of inmate
(2) A hearing mentioned in paragraph (1)(a) shall be conducted with the inmate present unless
- 1992, c. 20, s. 33
- 1995, c. 42, s. 12
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