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

Act current to 2013-04-29 and last amended on 2013-03-27. Previous Versions

Aboriginal Offenders

Marginal note:Definitions

79. In sections 80 to 84,

“aboriginal”

« autochtone »

“aboriginal” means Indian, Inuit or Métis;

“aboriginal community”

« collectivité autochtone »

“aboriginal community” means a first nation, tribal council, band, community, organization or other group with a predominantly aboriginal leadership;

“correctional services”

« services correctionnels »

“correctional services” means services or programs for offenders, including their care and custody.

Marginal note:Programs

80. Without limiting the generality of section 76, the Service shall provide programs designed particularly to address the needs of aboriginal offenders.

Marginal note:Agreements

  • 81. (1) The Minister, or a person authorized by the Minister, may enter into an agreement with an aboriginal community for the provision of correctional services to aboriginal offenders and for payment by the Minister, or by a person authorized by the Minister, in respect of the provision of those services.

  • Marginal note:Scope of agreement

    (2) Notwithstanding subsection (1), an agreement entered into under that subsection may provide for the provision of correctional services to a non-aboriginal offender.

  • Marginal note:Placement of offender

    (3) In accordance with any agreement entered into under subsection (1), the Commissioner may transfer an offender to the care and custody of an aboriginal community, with the consent of the offender and of the aboriginal community.

  • 1992, c. 20, s. 81;
  • 1995, c. 42, s. 21(F).
Marginal note:Advisory committees

  • 82. (1) The Service shall establish a National Aboriginal Advisory Committee, and may establish regional and local aboriginal advisory committees, which shall provide advice to the Service on the provision of correctional services to aboriginal offenders.

  • Marginal note:Committees to consult

    (2) For the purpose of carrying out their function under subsection (1), all committees shall consult regularly with aboriginal communities and other appropriate persons with knowledge of aboriginal matters.

Marginal note:Spiritual leaders and elders

  • 83. (1) For greater certainty, aboriginal spirituality and aboriginal spiritual leaders and elders have the same status as other religions and other religious leaders.

  • Marginal note:Idem

    (2) The Service shall take all reasonable steps to make available to aboriginal inmates the services of an aboriginal spiritual leader or elder after consultation with

    • (a) the National Aboriginal Advisory Committee mentioned in section 82; and

    • (b) the appropriate regional and local aboriginal advisory committees, if such committees have been established pursuant to that section.