Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Corrections and Conditional Release Regulations (SOR/92-620)

Regulations are current to 2021-06-28 and last amended on 2019-11-30. Previous Versions

PART ICorrections (continued)

Living Conditions (continued)

Visits (continued)

  •  (1) Subject to section 93, the institutional head or a staff member designated by the institutional head may authorize the refusal or suspension of a visit to an inmate where the institutional head or staff member suspects on reasonable grounds

    • (a) that, during the course of the visit, the inmate or visitor would

      • (i) jeopardize the security of the penitentiary or the safety of any person, or

      • (ii) plan or commit a criminal offence; and

    • (b) that restrictions on the manner in which the visit takes place would not be adequate to control the risk.

  • (2) Where a refusal or suspension is authorized under subsection (1),

    • (a) the refusal or suspension may continue for as long as the risk referred to in that subsection continues; and

    • (b) the institutional head or staff member shall promptly inform the inmate and the visitor of the reasons for the refusal or suspension and shall give the inmate and the visitor an opportunity to make representations with respect thereto.

  • SOR/2015-171, s. 8
  •  (1) Subject to section 93, the institutional head or a staff member designated by the institutional head may authorize a complete suspension of the visiting rights of all inmates in a penitentiary where the security of the penitentiary is significantly jeopardized and no less restrictive measure is available.

  • (2) Every complete suspension of visiting rights under subsection (1), shall be reviewed by

    • (a) the head of the region on or before the fifth day of the suspension; and

    • (b) by the Commissioner on or before the fourteenth day of the suspension.

Visits by Parliamentarians and Judges

  •  (1) No institutional head shall authorize the refusal or suspension of a visit, pursuant to section 72 of the Act, of a member of the House of Commons, a Senator or a judge, unless the institutional head believes on reasonable grounds

    • (a) that the visit would jeopardize the security of the penitentiary or the safety of any person; and

    • (b) that restrictions on the manner in which the visit takes place would not be adequate to control the risk.

  • (2) Where the institutional head authorizes a refusal or suspension under subsection (1), the institutional head shall promptly inform the member of the House of Commons, the Senator or the judge and, where applicable, the inmate being visited of the reasons for the refusal or suspension and shall give the member of the House of Commons, the Senator or the judge and, where applicable, the inmate an opportunity to make representations with respect thereto.

Intercepting Communications

  •  (1) Subject to subsection (2), the institutional head or a staff member designated by the institutional head may authorize, in writing, that communications between an inmate and a member of the public, including letters, telephone conversations and communications in the course of a visit, be opened, read, listened to or otherwise intercepted by a staff member or a mechanical device, where the institutional head or staff member believes on reasonable grounds

    • (a) that the communications contain or will contain evidence of

      • (i) an act that would jeopardize the security of the penitentiary or the safety of any person, or

      • (ii) a criminal offence or a plan to commit a criminal offence; and

    • (b) that interception of the communications is the least restrictive measure available in the circumstances.

  • (2) No institutional head or staff member designated by the institutional head shall authorize the opening of, reading of, listening to or otherwise intercepting of communications between an inmate and a person set out in the schedule, by a staff member or a mechanical device, unless the institutional head or staff member believes on reasonable grounds

    • (a) that the grounds referred to in subsection (1) exist; and

    • (b) that the communications are not or will not be the subject of a privilege.

  • (3) Where a communication is intercepted under subsection (1) or (2), the institutional head or staff member designated by the institutional head shall promptly inform the inmate, in writing, of the reasons for the interception and shall give the inmate an opportunity to make representations with respect thereto, unless the information would adversely affect an ongoing investigation, in which case the inmate shall be informed of the reasons and given an opportunity to make representations with respect thereto on completion of the investigation.

  •  (1) The institutional head or a staff member designated by the institutional head may prevent an inmate from communicating with a person by mail or telephone if

    • (a) the institutional head or staff member believes on reasonable grounds that the safety of any person would be jeopardized; or

    • (b) the intended recipient of the communication, or the parent or guardian of the intended recipient where the intended recipient is a minor, submits a request in writing to the institutional head or staff member that the intended recipient not receive any communication from the inmate.

  • (2) Where an inmate is prevented under subsection (1) from communicating with a person, the institutional head or staff member designated by the institutional head, as the case may be, shall promptly inform the inmate, in writing, of the reasons and shall give the inmate an opportunity to make representations with respect thereto.

Publications, Video and Audio Materials, Films and Computer Programs

  •  (1) The institutional head or a staff member designated by the institutional head may prohibit the entry into the penitentiary or the circulation within the penitentiary of any publication, video or audio material, film or computer program that the institutional head or staff member believes on reasonable grounds would jeopardize the security of the penitentiary or the safety of any person.

  • (2) The institutional head or a staff member designated by the institutional head may prohibit the use by an inmate, including the display of, any publication, video or audio material, film or computer program that the institutional head or staff member believes on reasonable grounds

    • (a) would likely be viewed by other persons; and

    • (b) would undermine a person’s sense of personal dignity by demeaning the person or causing personal humiliation or embarrassment to a person, on the basis of race, national or ethnic origin, colour, religion or sex.

Access to Legal Counsel and Legal and Non-Legal Materials

  •  (1) The Service shall, without delay, inform every inmate who is arrested of their right to legal counsel and give them an opportunity to retain and instruct legal counsel.

  • (2) The Service shall, without delay, inform every inmate who is the subject of any of the following of their right to legal counsel and give them a reasonable opportunity to retain and instruct legal counsel:

    • (a) an authorization to transfer to a structured intervention unit;

    • (b) a proposed involuntary transfer under section 12;

    • (c) an emergency transfer under section 13;

    • (d) an authorization of detention in a dry cell under section 51 of the Act.

  • (3) The Service shall ensure that an inmate has reasonable access to

    • (a) legal counsel and legal reading materials;

    • (b) non-legal materials, including

      • (i) Commissioner’s Directives, and

      • (ii) regional instructions and institutional standing orders, except those relating to security matters; and

    • (c) a commissioner for taking oaths and affidavits.

  • (4) If an inmate is given an opportunity to make representations related to a determination or review about their confinement in a structured intervention unit, the Service shall give the inmate a reasonable opportunity to retain and instruct legal counsel to assist them with the preparation and, if applicable, the presentation of those representations.

Inmate Assembly and Association

  •  (1) The institutional head or a staff member designated by the institutional head may

    • (a) for the purpose of protecting the security of the penitentiary or the safety of any person, direct a staff member or other person to observe any assembly of inmates; or

    • (b) where the institutional head or staff member believes on reasonable grounds that any assembly of inmates or the activities of any inmate organization or committee would jeopardize the security of the penitentiary or the safety of any person, prohibit the assembly or activities.

  • (2) Where the institutional head or staff member designated by the institutional head prohibits an assembly or activities under paragraph (1)(b), the institutional head or staff member shall give the inmates’ representative

    • (a) written notice of the prohibition, including the reasons for the prohibition; and

    • (b) an opportunity to make representations with respect thereto.

 
Date modified: