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

Marginal note:Factors to be considered

• 79.1 (1) In making decisions under this Act affecting an Indigenous offender, the Service shall take the following into consideration:

  • (a) systemic and background factors affecting Indigenous peoples of Canada;

  • (b) systemic and background factors that have contributed to the overrepresentation of Indigenous persons in the criminal justice system and that may have contributed to the offender’s involvement in the criminal justice system; and

  • (c) the Indigenous culture and identity of the offender, including his or her family and adoption history.

• Marginal note:Exception — risk assessment

  (2) The factors described in paragraphs (1)(a) to (c) are not to be taken into consideration for decisions respecting the assessment of the risk posed by an Indigenous offender unless those factors could decrease the level of risk.