PART IInstitutional and Community Corrections (continued)
General — Living Conditions (continued)
Marginal note:Members of Parliament, judges
72 Every member of the House of Commons, every Senator and every judge of a court in Canada has the right to
(a) enter any penitentiary,
(b) visit any part of a penitentiary, and
(c) visit any inmate, with the consent of the inmate,
subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.
- 1992, c. 20, s. 72
- 1995, c. 42, s. 18(F)
Marginal note:Assembly and association
73 Inmates are entitled to reasonable opportunities to assemble peacefully and associate with other inmates within the penitentiary, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.
Marginal note:Inmate input into decisions
74 The Service shall provide inmates with the opportunity to contribute to decisions of the Service affecting the inmate population as a whole, or affecting a group within the inmate population, except decisions relating to security matters.
75 An inmate is entitled to reasonable opportunities to freely and openly participate in, and express, religion or spirituality, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.
- 1992, c. 20, s. 75
- 1995, c. 42, s. 19(F)
Programs for Offenders
Marginal note:Programs for offenders generally
76 The Service shall provide a range of programs designed to address the needs of offenders and contribute to their successful reintegration into the community.
Marginal note:Programs for female offenders
77 Without limiting the generality of section 76, the Service shall
(a) provide programs designed particularly to address the needs of female offenders; and
(b) consult regularly about programs for female offenders with
(i) appropriate women’s groups, and
(ii) other appropriate persons and groups
with expertise on, and experience in working with, female offenders.
Marginal note:Payments to offenders
78 (1) For the purpose of
(a) encouraging offenders to participate in programs provided by the Service, or
(b) providing financial assistance to offenders to facilitate their reintegration into the community,
the Commissioner may authorize payments to offenders at rates approved by the Treasury Board.
(2) Where an offender receives a payment referred to in subsection (1) or income from a prescribed source, the Service may
(a) make deductions from that payment or income in accordance with regulations made under paragraph 96(z.2) and any Commissioner’s Directive; and
(b) require that the offender pay to Her Majesty in right of Canada, in accordance with regulations made pursuant to paragraph 96(z.2.1) and as set out in a Commissioner’s Directive, an amount, not exceeding thirty per cent of the gross payment referred to in subsection (1) or gross income, for reimbursement of the costs of the offender’s food and accommodation incurred while the offender was receiving that income or payment, or for reimbursement of the costs of work-related clothing provided to the offender by the Service.
- 1992, c. 20, s. 78
- 1995, c. 42, s. 20
79 In sections 79.1 to 84.1,
- correctional services
correctional services means services or programs for offenders, including their care, custody and supervision. (services correctionnels)
- Indigenous governing body
Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone)
- Indigenous organization
Indigenous organization means an organization with predominately Indigenous leadership. (organisme autochtone)
- Indigenous peoples of Canada
Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada)
- 1992, c. 20, s. 79
- 2019, c. 27, s. 23
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.
80 Without limiting the generality of section 76, the Service shall provide programs designed particularly to address the needs of Indigenous offenders.
- 1992, c. 20, s. 80
- 2019, c. 27, s. 23
81 (1) The Minister, or a person authorized by the Minister, may enter into an agreement with an Indigenous governing body or any Indigenous organization for the provision of correctional services to Indigenous 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-Indigenous 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 appropriate Indigenous authority, with the consent of the offender and of the appropriate Indigenous authority.
- 1992, c. 20, s. 81
- 1995, c. 42, s. 21(F)
- 2019, c. 27, s. 24
Marginal note:Advisory committees
82 (1) The Service shall establish a national Indigenous advisory committee, and may establish regional and local Indigenous advisory committees, which shall provide advice to the Service on the provision of correctional services to Indigenous offenders.
Marginal note:Committees to consult
(2) For the purpose of carrying out their function under subsection (1), all committees shall consult regularly with Indigenous communities, Indigenous governing bodies, Indigenous organizations and other appropriate persons with knowledge of Indigenous matters.
- 1992, c. 20, s. 82
- 2019, c. 27, s. 25
Marginal note:Spiritual leaders and elders
83 (1) For greater certainty, Indigenous spirituality and Indigenous spiritual leaders and elders have the same status as other religions and other religious leaders.
(1.1) If the Service considers it appropriate in the circumstance, it shall seek advice from an Indigenous spiritual leader or elder when providing correctional services to an Indigenous inmate, particularly in matters of mental health and behaviour.
(2) The Service shall take all reasonable steps to make available to Indigenous inmates the services of an Indigenous spiritual leader or elder after consultation with
(a) the national Indigenous advisory committee established under section 82; and
(b) the appropriate regional and local Indigenous advisory committees.
- 1992, c. 20, s. 83
- 2019, c. 27, s. 25
Marginal note:Release into Indigenous community
84 If an inmate expresses an interest in being released into an Indigenous community, the Service shall, with the inmate’s consent, give the community’s Indigenous governing body
(a) adequate notice of the inmate’s parole review or their statutory release date, as the case may be; and
(b) an opportunity to propose a plan for the inmate’s release and integration into that community.
- 1992, c. 20, s. 84
- 2012, c. 1, s. 66
- 2019, c. 27, s. 25
Marginal note:Plans – long-term supervision
84.1 If an offender who is required to be supervised by a long-term supervision order has expressed an interest in being supervised in an Indigenous community, the Service shall, with the offender’s consent, give the community’s Indigenous governing body
(a) adequate notice of the order; and
(b) an opportunity to propose a plan for the offender’s release on supervision, and integration, into that community.
- 1997, c. 17, s. 15
- 2019, c. 27, s. 25
85 In sections 86 and 87,
- health care
health care means medical care, dental care and mental health care, provided by registered health care professionals or by persons acting under the supervision of registered health care professionals; (soins de santé)
- mental health care
mental health care means the care of a disorder of thought, mood, perception, orientation or memory that significantly impairs judgment, behaviour, the capacity to recognize reality or the ability to meet the ordinary demands of life; (soins de santé mentale)
treatment means health care treatment. (Version anglaise seulement)
- 1992, c. 20, s. 85
- 2019, c. 27, s. 26
Marginal note:Obligations of Service
86 (1) The Service shall provide every inmate with
(a) essential health care; and
(b) reasonable access to non-essential health care.
(2) The provision of health care under subsection (1) shall conform to professionally accepted standards.
- 1992, c. 20, s. 86
- 2019, c. 27, s. 27
Marginal note:Health care obligations
86.1 When health care is provided to inmates, the Service shall
(a) support the professional autonomy and the clinical independence of registered health care professionals and their freedom to exercise, without undue influence, their professional judgment in the care and treatment of inmates;
(b) support those registered health care professionals in their promotion, in accordance with their respective professional code of ethics, of patient-centred care and patient advocacy; and
(c) promote decision-making that is based on the appropriate medical care, dental care and mental health care criteria.
Marginal note:Designation of health care unit
86.2 The Commissioner may designate a penitentiary or any area in a penitentiary to be a health care unit.
86.3 The purpose of a health care unit is to provide an appropriate living environment to facilitate an inmate’s access to health care.
Marginal note:Admission and discharge
86.4 The admission of inmates to and the discharge of inmates from health care units must be in accordance with regulations made under paragraph 96(g.2).
Marginal note:Service to consider health factors
87 The Service shall take into consideration an offender’s state of health and health care needs
(a) in all decisions affecting the offender, including decisions relating to placement, transfer, confinement in a structured intervention unit and disciplinary matters; and
(b) in the preparation of the offender for release and the supervision of the offender.
- 1992, c. 20, s. 87
- 2019, c. 27, s. 29
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