Corrections and Conditional Release Act

Marginal note:Criteria for selection of penitentiary

28 Where 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 the person is confined is one that provides the least restrictive environment for that person, taking into account

• (a) the degree and kind of custody and control necessary for

  • (i) the safety of the public,

  • (ii) the safety of that person and other persons in the penitentiary, and

  • (iii) the security of the penitentiary;

• (b) accessibility to

  • (i) the person’s home community and family,

  • (ii) a compatible cultural environment, and

  • (iii) a compatible linguistic environment; and

• (c) the availability of appropriate programs and services and the person’s willingness to participate in those programs.