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

Act current to 2021-06-28 and last amended on 2019-11-30. Previous Versions

PART IInstitutional and Community Corrections (continued)

Indigenous Offenders (continued)

Marginal note:Release into Indigenous community

 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

 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.

Health Care

Marginal note:Definitions

 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

treatment means health care treatment. (Version anglaise seulement)

Marginal note:Obligations of Service

  •  (1) The Service shall provide every inmate with

    • (a) essential health care; and

    • (b) reasonable access to non-essential health care.

  • Marginal note:Standards

    (2) The provision of health care under subsection (1) shall conform to professionally accepted standards.

Marginal note:Health care obligations

 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

 The Commissioner may designate a penitentiary or any area in a penitentiary to be a health care unit.

Marginal note:Purpose

 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

 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

 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.

Marginal note:When treatment permitted

  •  (1) Except as provided by subsection (5),

    • (a) treatment shall not be given to an inmate, or continued once started, unless the inmate voluntarily gives an informed consent thereto; and

    • (b) an inmate has the right to refuse treatment or withdraw from treatment at any time.

  • Marginal note:Meaning of informed consent

    (2) For the purpose of paragraph (1)(a), an inmate’s consent to treatment is informed consent only if the inmate has been advised of, and has the capacity to understand,

    • (a) the likelihood and degree of improvement, remission, control or cure as a result of the treatment;

    • (b) any significant risk, and the degree thereof, associated with the treatment;

    • (c) any reasonable alternatives to the treatment;

    • (d) the likely effects of refusing the treatment; and

    • (e) the inmate’s right to refuse the treatment or withdraw from the treatment at any time.

  • Marginal note:Special case

    (3) For the purpose of paragraph (1)(a), an inmate’s consent to treatment shall not be considered involuntary merely because the treatment is a requirement for a temporary absence, work release or parole.

  • Marginal note:Treatment demonstration programs

    (4) Treatment under a treatment demonstration program shall not be given to an inmate unless a committee that is independent of the Service and constituted as prescribed has

    • (a) approved the treatment demonstration program as clinically sound and in conformity with accepted ethical standards; and

    • (b) reviewed the inmate’s consent to the treatment and determined that it was given in accordance with this section.

  • Marginal note:Where provincial law applies

    (5) Where an inmate does not have the capacity to understand all the matters described in paragraphs (2)(a) to (e), the giving of treatment to an inmate shall be governed by the applicable provincial law.

Marginal note:Force-feeding

 The Service shall not direct the force-feeding, by any method, of an inmate who had the capacity to understand the consequences of fasting at the time the inmate made the decision to fast.

Marginal note:Patient advocacy services

 The Service shall provide, in respect of inmates in penitentiaries designated by the Commissioner, access to patient advocacy services

  • (a) to support inmates in relation to their health care matters; and

  • (b) to enable inmates and their families or an individual identified by the inmate as a support person to understand the rights and responsibilities of inmates related to health care.

 
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