Marginal note:Inmate rights
37. An inmate in administrative segregation has the same rights and conditions of confinement as other inmates, except for those that
(a) can only be enjoyed in association with other inmates; or
(b) cannot be enjoyed due to
(i) limitations specific to the administrative segregation area, or
(ii) security requirements.
- 1992, c. 20, s. 37;
- 2012, c. 1, s. 61.
Marginal note:Purpose of disciplinary system
38. The purpose of the disciplinary system established by sections 40 to 44 and the regulations is to encourage inmates to conduct themselves in a manner that promotes the good order of the penitentiary, through a process that contributes to the inmates’ rehabilitation and successful reintegration into the community.
Marginal note:System exclusive
39. Inmates shall not be disciplined otherwise than in accordance with sections 40 to 44 and the regulations.
Marginal note:Disciplinary offences
40. An inmate commits a disciplinary offence who
(a) disobeys a justifiable order of a staff member;
(b) is, without authorization, in an area prohibited to inmates;
(c) wilfully or recklessly damages or destroys property that is not the inmate’s;
(d) commits theft;
(e) is in possession of stolen property;
(f) is disrespectful toward a person in a manner that is likely to provoke them to be violent or toward a staff member in a manner that could undermine their authority or the authority of staff members in general;
(g) is abusive toward a person or intimidates them by threats that violence or other injury will be done to, or punishment inflicted on, them;
(h) fights with, assaults or threatens to assault another person;
(i) is in possession of, or deals in, contraband;
(j) without prior authorization, is in possession of, or deals in, an item that is not authorized by a Commissioner’s Directive or by a written order of the institutional head;
(k) takes an intoxicant into the inmate’s body;
(l) fails or refuses to provide a urine sample when demanded pursuant to section 54 or 55;
(m) creates or participates in
(i) a disturbance, or
(ii) any other activity
that is likely to jeopardize the security of the penitentiary;
(n) does anything for the purpose of escaping or assisting another inmate to escape;
(o) offers, gives or accepts a bribe or reward;
(p) without reasonable excuse, refuses to work or leaves work;
(q) engages in gambling;
(r) wilfully disobeys a written rule governing the conduct of inmates;
(r.1) knowingly makes a false claim for compensation from the Crown;
(r.2) throws a bodily substance towards another person; or
(s) attempts to do, or assists another person to do, anything referred to in paragraphs (a) to (r).
- 1992, c. 20, s. 40;
- 2012, c. 1, s. 62.
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