Inmates’ Attendance at Judicial Proceedings
8. (1) Where an inmate is an applicant for a reduction in the inmate’s number of years of imprisonment without eligibility for parole, pursuant to section 745 of the Criminal Code, the Commissioner shall ensure that the inmate is produced in court for the purpose of attending the hearing of the application, where
(a) the court requires that the inmate be present at the hearing; or
(b) the inmate requests to be present at the hearing.
(2) The Commissioner or a staff member designated by the Commissioner may authorize the transfer of an inmate to another penitentiary or to a provincial correctional facility where the transfer is necessary to facilitate the inmate’s attendance at a judicial proceeding.
Escorted Temporary Absences and Work Releases
9. For the purposes of paragraph 17(1)(b) of the Act, the institutional head may authorize an escorted temporary absence of an inmate
(a) for medical reasons to allow the inmate to undergo medical examination or treatment that cannot reasonably be provided in the penitentiary;
(b) for administrative reasons to allow the inmate to attend to essential personal affairs or legal matters or to matters related to the administration of the sentence that the inmate is serving;
(c) for community service purposes to allow the inmate to undertake voluntary activity with a non-profit community institution, organization or agency, or for the benefit of the community as a whole;
(d) for family contact purposes to assist the inmate in maintaining and strengthening family ties as a support to the inmate while in custody and as a potential community resource on the inmate’s release;
(e) for parental responsibility reasons to allow the inmate to attend to matters related to the maintenance of a parent-child relationship, including care, nurture, schooling and medical treatment, where such a relationship exists between the inmate and the child;
(f) for personal development for rehabilitative purposes to allow the inmate to participate in specific treatment activities with the goal of reducing the risk of the inmate re-offending, and to allow the inmate to participate in activities of a rehabilitative nature, including cultural and spiritual ceremonies unique to Aboriginal peoples, with the goal of assisting the reintegration of the inmate into the community as a law-abiding citizen; or
(g) for compassionate reasons to allow the inmate to attend to urgent matters affecting the members of the inmate’s immediate family or other persons with whom the inmate has a close personal relationship.
10. (1) The power of the Commissioner under paragraph 17(1)(f) of the Act to approve non-medical escorted temporary absences for a period exceeding five days but not exceeding fifteen days may be exercised by the head of the region.
(2) The power of the Commissioner under subsection 18(2) of the Act to approve a work release where the duration of the work release is to exceed 60 days may be exercised by the head of the region.
Placement and Transfers
11. An institutional head shall ensure that an inmate is informed in writing of the reasons for the placement of the inmate in a particular penitentiary and that the inmate is given an opportunity to make representations with respect thereto,
(a) where the penitentiary placement process takes place in a provincial correctional facility, within two weeks after the initial placement of the inmate in a penitentiary; or
(b) where the penitentiary placement process takes place in a penitentiary, before the transfer of the inmate to the assigned penitentiary but after the initial reception process.
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