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

Health Care

Marginal note:Definitions

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 or by persons acting under the supervision of 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

treatment means health care treatment. (Version anglaise seulement)

Marginal note:Obligations of Service

• 86 (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.

Marginal note:Health care obligations

86.1 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.

Marginal note:Designation of health care unit

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

Marginal note:Purpose

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

Marginal note:Admission and discharge

86.4 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).

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, 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.

Marginal note:When treatment permitted

• 88 (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

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.

Marginal note:Patient advocacy services

89.1 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.

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.

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.

Marginal note:Regulations

91.2 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).

Release of Inmates

Marginal note:General

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

Marginal note:Timing of release from penitentiary

• 93 (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]

Temporary Accommodation in Penitentiary

Marginal note:Temporary stay in penitentiary

• 94 (1) At the request of a person who has been or is entitled to be released from a penitentiary on parole or statutory release, the institutional head may allow them to stay temporarily in the penitentiary in order to assist their rehabilitation, but the temporary stay may not extend beyond the expiration of their sentence.

• Marginal note:Person deemed an inmate

  (2) A person staying temporarily in a penitentiary pursuant to subsection (1) shall be deemed to be an inmate while in the penitentiary.

• Marginal note:Continuation of parole or statutory release

  (3) Notwithstanding subsection (2), the parole or statutory release, as the case may be, of a person staying temporarily in a penitentiary pursuant to subsection (1) is deemed to be in force and subject to the provisions of this Act.

Support to Canada Border Services Agency

Marginal note:Definitions

94.1 The definitions in this section apply in sections 94.2, 94.3 and 94.5 to 94.8.

designated immigrant station

designated immigrant station means any area of a penitentiary designated under subsection 94.4(1). (poste d’attente désigné)

detention enforcement officer

detention enforcement officer means a person who is designated or authorized under section 6 of the Immigration and Refugee Protection Act. (agent de détention)

immigration detainee

immigration detainee means a person who is detained under the Immigration and Refugee Protection Act. (détenu de l’immigration)

Marginal note:Support

• 94.2 (1) The Service may, in accordance with an arrangement entered into under section 94.3, provide support, including through the provision of services, to the Canada Border Services Agency

  • (a) to assist the Agency in the exercise of the powers and the performance of the duties and functions that relate to the Immigration and Refugee Protection Act and are conferred on it under subsection 12(1) of the Canada Border Services Agency Act; and

  • (b) to assist detention enforcement officers in the exercise of the powers or the performance of the duties and functions that are conferred on them under the Immigration and Refugee Protection Act or that relate to that Act and are conferred on them under subsection 12(2) of the Canada Border Services Agency Act.

• Marginal note:Limitation

  (2) The support referred to in subsection (1) must not include

  • (a) the placement of a staff member in immediate charge or control of an immigrant station, as defined in subsection 142(2) of the Immigration and Refugee Protection Act;

  • (b) subject to subsection 94.7(4), the search, escort, arrest or detention of an immigration detainee by a staff member; or

  • (c) subject to subsection 94.7(5), the provision of health care to an immigration detainee by a registered health care professional employed or engaged by the Service.

Marginal note:Arrangements

• 94.3 (1) The Commissioner may enter into an arrangement with the Canada Border Services Agency for the provision, by the Service, of support, including through the provision of services, to the Agency in order to assist it in the exercise of the powers or the performance of the duties and functions referred to in paragraph 94.2(1)(a) and to assist detention enforcement officers in the exercise of the powers or the performance of the duties and functions referred to in paragraph 94.2(1)(b).

• Marginal note:Approval of Minister

  (2) An arrangement is subject to the approval of the Minister.

• Marginal note:Mandatory terms

  (3) An arrangement must include terms that

  • (a) specify the duration of the arrangement, the nature of the support to be provided and the name of a penitentiary of which an area may be the subject of a designation under subsection 94.4(1); and

  • (b) set out a procedure — to which every immigration detainee is to have complete access without negative consequences — for fairly and expeditiously resolving immigration detainees’ complaints with respect to activities carried out under an authorization granted under subsection 94.7(4) or health care provided under subsection 94.7(5).

• Marginal note:Cost recovery

  (4) An arrangement may provide for the recovery of costs incurred by the Service with respect to the provision of support to the Canada Border Services Agency.