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

Regulations are current to 2016-04-12 and last amended on 2015-06-19. Previous Versions

 Where an inmate is confined in administrative segregation, the head of the region or a staff member in the regional headquarters who is designated by the head of the region shall review the inmate’s case at least once every 60 days that the inmate remains in administrative segregation to determine whether, based on the considerations set out in section 31 of the Act, the administrative segregation of the inmate continues to be justified.

 Where an inmate is voluntarily confined in administrative segregation by a staff member designated in accordance with paragraph 6(1)(c), the institutional head shall review the order within one working day after the confinement and shall confirm the confinement or order that the inmate be returned to the general inmate population.

Inmate Discipline

Independent Chairpersons

  •  (1) The Minister shall appoint

    • (a) a person, other than a staff member or an offender, who has knowledge of the administrative decision-making process to be an independent chairperson for the purpose of conducting hearings of serious disciplinary offences; and

    • (b) a senior independent chairperson for each region from among the independent chairpersons of that region.

  • (2) A senior independent chairperson shall

    • (a) advise and, in conjunction with the Service, train the independent chairpersons in the senior independent chairperson’s region;

    • (b) promote the principle among the independent chairpersons in the senior independent chairperson’s region that similar sanctions should be imposed for similar disciplinary offences committed in similar circumstances; and

    • (c) exchange information with the senior independent chairpersons of other regions.

  • (3) A person appointed pursuant to subsection (1) shall hold office during good behaviour for a period of not more than five years, which period may be renewed by the Minister.

  • (4) An independent chairperson shall be remunerated at a rate determined by the Treasury Board and given travel and living expenses in accordance with the Treasury Board Travel Directive for travel and living expenses related to

    • (a) conducting a hearing of a disciplinary offence;

    • (b) participating in an information session;

    • (c) participating in an orientation and training session;

    • (d) participating in a consultation session with staff members or inmates; and

    • (e) performing related duties at the request of the Service.

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 and delivered to the inmate who is the subject of the charge, by a staff member 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.

 Where an inmate who is charged with a disciplinary offence is placed in administrative segregation as a result of the conduct that gave rise to the disciplinary charge, that inmate’s hearing shall be given priority over any other hearings of disciplinary offences.

  •  (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.

 
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