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

Marginal note:Search by body scan

64.1 A staff member may, in the prescribed circumstances, conduct a body scan search of another staff member, and those circumstances must be limited to what is reasonably required for security purposes.

Power to Seize

Marginal note:Power to seize

• 65 (1) A staff member may seize contraband, or evidence relating to a disciplinary or criminal offence, found in the course of a search conducted under sections 47 to 64, except a body cavity search or a body scan search.

• Marginal note:Idem

  (2) A medical practitioner conducting a body cavity search may seize contraband or evidence relating to a disciplinary or criminal offence found in the course of that search.

• Marginal note:Idem

  (3) A person conducting a search pursuant to subsection 47(2) or 49(2) may seize contraband found in the course of that search.

Searches in Community-based Residential Facilities

Marginal note:Frisk search, room search

• 66 (1) An employee of a community-based residential facility who is so authorized by the Service may

  • (a) conduct a frisk search of an offender in that facility, and

  • (b) search an offender’s room and its contents,

  where the employee suspects on reasonable grounds that the offender is violating or has violated a condition of the offender’s parole, statutory release or temporary absence and that such a search is necessary to confirm the suspected violation.

• Marginal note:Power to seize

  (2) An employee who conducts a search pursuant to subsection (1) may seize any evidence of a violation of the offender’s conditions of release found in the course of the search.

• Marginal note:Definition of community-based residential facility

  (3) In this section, community-based residential facility means a place that provides accommodation to offenders who are on parole, statutory release or temporary absence.

Reports Relating to Searches and Seizures

Marginal note:Reports to be submitted

67 Reports in respect of searches conducted pursuant to sections 47 to 66, and in respect of the seizure of items in the course of those searches, must be submitted where required by regulations made under paragraph 96(o) and in accordance with those regulations.

General — Living Conditions

Marginal note:Instruments of restraint

68 No person shall apply an instrument of restraint to an offender as punishment.

Marginal note:Cruel treatment, etc.

69 No person shall administer, instigate, consent to or acquiesce in any cruel, inhumane or degrading treatment or punishment of an offender.

Marginal note:Living conditions, etc.

70 The Service shall take all reasonable steps to ensure that penitentiaries, the penitentiary environment, the living and working conditions of inmates and the working conditions of staff members are safe, healthful and free of practices that undermine a person’s sense of personal dignity.

Marginal note:Contacts and visits

• 71 (1) In order to promote relationships between inmates and the community, an inmate is entitled to have reasonable contact, including visits and correspondence, with family, friends and other persons from outside the penitentiary, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.

• Marginal note:Visitors’ permitted items

  (2) At each penitentiary, a conspicuous notice shall be posted at the visitor control point, listing the items that a visitor may have in possession beyond the visitor control point.

• Marginal note:Where visitor has non-permitted item

  (3) Where a visitor has in possession, beyond the visitor control point, an item not listed on the notice mentioned in subsection (2) without having previously obtained the permission of a staff member, a staff member may terminate or restrict the visit.

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.

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.

Marginal note:Religion

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.

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.

• Marginal note:Deductions

  (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.

Indigenous Offenders

Marginal note:Definitions

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)

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.

Marginal note:Programs

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

Marginal note:Agreements

• 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.

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.

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.

• Marginal note:Advice

  (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.

• Marginal note:Obligation

  (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.

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.

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.