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

Regulations are current to 2022-11-16 and last amended on 2019-11-30. Previous Versions

PART ICorrections (continued)

Inmate Discipline (continued)

Notice of Disciplinary Charges

  •  (1) Notice of a charge of a disciplinary offence shall

    • (a) describe the conduct that is the subject of the charge, including the time, date and place of the alleged disciplinary offence, and contain a summary of the evidence to be presented in support of the charge at the hearing; and

    • (b) state the time, date and place of the hearing.

  • (2) A notice referred to in subsection (1) shall be issued by a staff member and delivered to the inmate who is the subject of the charge as soon as practicable.

Number of Disciplinary Charges

 Where the conduct of an inmate involves a single action, simultaneous actions or a chain of uninterrupted actions, the conduct shall not give rise to more than one disciplinary charge unless the offences that are the subject of the charges are substantially different.

Hearings of Disciplinary Offences

  •  (1) Subject to subsections 30(2) and (3), a hearing of a minor disciplinary offence shall be conducted by the institutional head or a staff member designated by the institutional head.

  • (2) A hearing of a serious disciplinary offence shall be conducted by an independent chairperson, except in extraordinary circumstances where the independent chairperson or another independent chairperson is not available within a reasonable period of time, in which case the institutional head may conduct the hearing.

 A hearing of a disciplinary offence shall take place as soon as practicable but in any event not less than three working days after the inmate receives written notice of the disciplinary charge, unless the inmate consents to a shorter period.

 [Repealed, SOR/2019-299, s. 11]

  •  (1) Where the conduct of an inmate that involves a single action, simultaneous actions or a chain of uninterrupted actions gives rise to more than one disciplinary charge, all of the charges shall be heard together.

  • (2) Where, pursuant to subsection (1), charges of minor and serious disciplinary offences are to be heard together, the hearing shall be conducted by an independent chairperson.

  • (3) Where the independent chairperson determines that a charge of a serious offence should proceed as a charge of a minor offence, the independent chairperson shall amend the charge and shall conduct the hearing or refer the matter to the institutional head.

  •  (1) The person who conducts a hearing of a disciplinary offence shall give the inmate who is charged a reasonable opportunity at the hearing to

    • (a) question witnesses through the person conducting the hearing, introduce evidence, call witnesses on the inmate’s behalf and examine exhibits and documents to be considered in the taking of the decision; and

    • (b) make submissions during all phases of the hearing, including submissions respecting the appropriate sanction.

  • (2) The Service shall ensure that an inmate who is charged with a serious disciplinary offence is given a reasonable opportunity to retain and instruct legal counsel for the hearing, and that the inmate’s legal counsel is permitted to participate in the proceedings to the same extent as an inmate pursuant to subsection (1).

  •  (1) The person who conducts a hearing of a disciplinary offence shall render a decision as soon as practicable after conducting the hearing.

  • (2) The institutional head shall ensure that an inmate is given a copy of the decision of the hearing of the inmate’s case as soon as practicable after the decision is rendered.

  •  (1) The Service shall ensure that all hearings of disciplinary offences are recorded in such a manner as to make a full review of any hearing possible.

  • (2) A record of a hearing shall be retained for a period of at least two years after the decision is rendered.

  • (3) An inmate shall be given reasonable access to the record of the inmate’s hearing.

Sanctions

 Before imposing a sanction described in section 44 of the Act, the person conducting a hearing of a disciplinary offence shall consider

  • (a) the seriousness of the offence and the degree of responsibility the inmate bears for its commission;

  • (b) the least restrictive measure that would be appropriate in the circumstances;

  • (c) all relevant aggravating and mitigating circumstances, including the inmate’s behaviour in the penitentiary;

  • (d) the sanctions that have been imposed on other inmates for similar disciplinary offences committed in similar circumstances;

  • (e) the nature and duration of any other sanction described in section 44 of the Act that has been imposed on the inmate, to ensure that the combination of the sanctions is not excessive;

  • (f) any measures taken by the Service in connection with the offence before the disposition of the disciplinary charge; and

  • (g) any recommendations respecting the appropriate sanction made during the hearing.

  •  (1) The maximum number of days of privileges that may be lost by an inmate pursuant to paragraph 44(1)(b) of the Act is

    • (a) seven days, for a minor disciplinary offence; and

    • (b) 30 days, for a serious disciplinary offence.

  • (2) A sanction of the loss of privileges

    • (a) shall be limited to a loss of access to activities that are recreational in nature; and

    • (b) shall not be imposed where the loss of privileges would be contrary to the inmate’s correctional plan.

  •  (1) The maximum amount of restitution that may be ordered to an inmate pursuant to paragraph 44(1)(c) of the Act is

    • (a) $50, for a minor disciplinary offence; and

    • (b) $500, for a serious disciplinary offence.

  • (2) An order to make restitution is limited to monetary restitution for the ascertained value of any loss of, or damage to, property that results from the commission of the disciplinary offence.

 The maximum fine that may be ordered pursuant to paragraph 44(1)(d) of the Act is

  • (a) $25, for a minor disciplinary offence; and

  • (b) $50, for a serious disciplinary offence.

  •  (1) A sanction of restitution or of a fine shall not be imposed pursuant to subsection 44(1) of the Act unless the inmate’s financial means have been considered, and where a sanction of restitution or of a fine would both be appropriate sanctions and the limited means of the inmate make it possible to impose only one of those sanctions, the sanction of restitution shall be imposed.

  • (2) A sanction of restitution or of a fine imposed pursuant to subsection 44(1) of the Act may allow time for payment and may provide for periodic partial payments.

  • (3) A sanction of restitution or of a fine shall be recovered by deductions from an inmate’s net approved earnings.

  •  (1) The maximum number of hours of extra duties that may be ordered pursuant to paragraph 44(1)(e) of the Act is

    • (a) 10 hours, for a minor disciplinary offence; and

    • (b) 30 hours, for a serious disciplinary offence.

  • (2) A sanction to perform extra duties imposed pursuant to paragraph 44(1)(e) of the Act shall specify the type of duties and, subject to subsection (3), the period within which the duties are to be performed.

  • (3) An inmate shall not be paid for the performance of extra duties imposed as a sanction and shall perform those duties during the inmate’s free time.

 [Repealed, SOR/2019-299, s. 13]

  •  (1) Where an inmate is found guilty of a disciplinary offence, the carrying out of the sanction may be suspended

    • (a) in the case of a minor disciplinary offence, by the institutional head or a staff member designated by the institutional head, subject to the condition that the inmate is not found guilty of another disciplinary offence committed during a specific period fixed by the institutional head or staff member, which period shall not be longer than 21 days after the date of imposition of the sanction; and

    • (b) in the case of a serious disciplinary offence, by the independent chairperson, subject to the condition that the inmate is not found guilty of another serious disciplinary offence committed during a period fixed by the independent chairperson, which period shall not be longer than 90 days after the date of imposition of the sanction.

  • (2) Where an inmate no longer meets a condition referred to in subsection (1), the inmate shall carry out the sanction that was suspended.

  • (3) The institutional head may, on humanitarian grounds or for rehabilitative purposes, cancel a sanction imposed pursuant to section 44 of the Act.

Contraband

  •  (1) For the purposes of this section, minimum-security penitentiary, medium-security penitentiary, maximum-security penitentiary and multiple-security-level penitentiary mean penitentiaries, other than community correctional centres, designated as such in Commissioner’s Directives.

  • (2) For the purposes of paragraph (d) of the definition contraband in section 2 of the Act, the following are the prescribed limits on currency:

    • (a) in the case of a visitor

      • (i) in a minimum-security penitentiary, the limit is $50, and

      • (ii) in a medium-security penitentiary, maximum-security penitentiary or multiple-security-level penitentiary, the limit is $25; and

    • (b) in the case of an inmate, the limit is $0.00, except as authorized pursuant to paragraph (d) of the definition contraband in section 2 of the Act.

Search and Seizure

Manner of Carrying out Searches

 A non-intrusive search shall be carried out by means of a hand-held scanner, a walk-through scanner whereby the person being searched is required to walk through a metal detector scanner, or any similar non-intrusive device.

 A frisk search shall be carried out from head to foot, down the front and rear of the body, around the legs and inside clothing folds, pockets and footwear.

 A strip search shall consist of a visual inspection of the person by a staff member, in the course of which inspection the person being searched shall undress completely in front of the staff member and may be required to open the person’s mouth, display the soles of their feet, run their fingers through their hair, present open hands and arms, bend over or otherwise enable the staff member to perform the visual inspection.

 A strip search and a body cavity search shall be carried out in a private area that is out of sight of every other person except for one staff member of the same sex as the person being searched, which staff member is required to be present as a witness unless, in the case of a strip search, the search is an emergency as described in subsection 49(4) of the Act.

Searches of Inmates

 A staff member of either sex may conduct a routine non-intrusive search or a routine frisk search of an inmate where

  • (a) the inmate is entering or leaving a penitentiary or a secure area;

  • (b) the inmate is entering or leaving the open or family- visiting area of a penitentiary;

  • (c) the inmate is entering or leaving a work or activity area in a penitentiary;

  • (d) the inmate is entering or leaving a structured intervention unit;

  • (e) the inmate is on a temporary absence outside the penitentiary;

  • (f) the inmate has been requested to submit to urinalysis and the search is conducted immediately before the commencement of the collection process described in section 66; or

  • (g) the institutional head determines that there is an opportunity for the introduction of contraband into the penitentiary and the institutional head specifically authorizes such searches in writing.

 A staff member of the same sex as an inmate may conduct a routine strip search of the inmate where

  • (a) the inmate is entering or leaving a penitentiary or a secure area;

  • (b) the inmate is leaving the open visiting area of a penitentiary;

  • (c) the inmate is entering or leaving the family-visiting area of a penitentiary; or

  • (d) the inmate is leaving a work area in a penitentiary, if the inmate has had access to an item that may constitute contraband and that may be secreted on the inmate’s body.

  • SOR/2015-171, s. 3
  •  (1) A person referred to in subsection 47(2) of the Act who provides supervision, treatment, instruction or counselling services to the Service may conduct the searches referred to in subsection 47(1) of the Act.

  • (2) A person referred to in subsection 49(2) of the Act who provides supervision, treatment, instruction or counselling services to the Service may conduct the searches referred to in subsection 49(1) of the Act.

  • (3) Training in conducting a search referred to in subsection (1) or (2) shall consist of the training related to search procedures that is contained in the staff orientation and training program provided by the Service.

 The power of the institutional head to authorize strip searches of inmates pursuant to paragraph 49(3)(b) of the Act may be exercised by a staff member who is in a more senior position than the staff member referred to in subsection 49(3) of the Act.

Searches of Cells

  •  (1) A staff member may, without individualized suspicion, conduct searches of cells and their contents on a periodic basis where the searches are designed to detect, through the systematic examination of areas of the penitentiary that are accessible to inmates, contraband and other items that may jeopardize the security of the penitentiary or the safety of persons and are conducted in accordance with a search plan

    • (a) that sets out

      • (i) when the searches are to take place,

      • (ii) the locations of the searches, and

      • (iii) the means that may be used to conduct the searches; and

    • (b) that is approved by the institutional head as being in accordance with the purposes of this subsection.

  • (2) Where a staff member searches an inmate’s cell and its contents pursuant to subsection (1), another staff member shall be present at all times during the search.

  •  (1) Subject to subsection (3), where a staff member believes on reasonable grounds that contraband or evidence of an offence is located in an inmate’s cell, the staff member may, with the prior authorization of a supervisor, search the cell and its contents.

  • (2) Subject to subsection (3), where a staff member searches an inmate’s cell and its contents pursuant to subsection (1), another staff member shall be present at all times during the search.

  • (3) A staff member is not required to obtain an authorization or conduct a search in the presence of another staff member in accordance with subsections (1) and (2), respectively, where the staff member believes on reasonable grounds that delaying a search in order to comply with those subsections would result in danger to the life or safety of any person or the loss or destruction of contraband or evidence.

 
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