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

Marginal note:Recommendations to institutional head

37.2 A registered health care professional employed or engaged by the Service may, for health reasons, recommend to the institutional head that the conditions of confinement of the inmate in a structured intervention unit be altered or that the inmate not remain in the unit.

Marginal note:Decision — institutional head

• 37.3 (1) The institutional head shall determine, in accordance with regulations made under paragraph 96(g), whether an inmate should remain in a structured intervention unit

  • (a) as soon as practicable after a registered health care professional recommends under section 37.2, for health reasons, that the inmate not remain in the unit;

  • (b) within the period that begins on the day on which the determination under subsection 29.01(2) is made and that ends on the expiry of the period of 30 days that begins on the first day on which the inmate is confined in the unit; and

  • (c) as soon as practicable in any of the prescribed circumstances.

• Marginal note:Conditions of confinement

  (2) As soon as practicable after the registered health care professional referred to in section 37.2 has recommended, for health reasons, that the conditions of confinement be altered, the institutional head shall determine whether the inmate’s conditions of confinement in the structured intervention unit should be altered.

• Marginal note:Visit to the inmate

  (3) Before making a determination under this section, the institutional head shall visit the inmate.

• Marginal note:Record

  (4) The institutional head shall maintain a record indicating the circumstances of every instance in which, because of security requirements, a visit was not face to face or took place through a cell door hatch.

• Marginal note:Reasons

  (5) No later than one working day after the day on which he or she makes a determination under this section, the institution head shall orally notify the inmate of the determination as well as the reasons for it and no later than two working days after the day on which the determination was made, the institutional head shall provide the inmate with those reasons in writing.

Marginal note:Advice of registered health care professional

• 37.31 (1) If the institutional head determines under paragraph 37.3(1)(a) that an inmate should remain in a structured intervention unit or the institutional head determines under subsection 37.3(2) that an inmate’s conditions of confinement in the structured intervention unit should not be altered in accordance with the recommendations of a registered health care professional, another registered health care professional shall provide advice to the committee established under subsection (3).

• Marginal note:Qualifications

  (2) The registered health care professional providing the advice is to be a senior registered health care professional employed by the Service or a registered health care professional engaged by the Service as an expert advisor.

• Marginal note:Committee

  (3) The Commissioner shall establish a committee consisting of staff members who hold a position higher in rank than that of institutional head for the purpose of making determinations under section 37.32.

Marginal note:Decision of committee — recommendation to alter conditions

• 37.32 (1) As soon as practicable after the institutional head determines under subsection 37.3(2) that an inmate’s conditions of confinement in a structured intervention unit should not be altered in accordance with the recommendations of a registered health care professional, the committee established under subsection 37.31(3) shall, in accordance with regulations made under paragraph 96(g), determine whether the inmate’s conditions of confinement in the unit should be altered.

• Marginal note:Decision of committee — recommendation that inmate remain in unit

  (2) As soon as practicable after the institutional head determines under paragraph 37.3(1)(a) that an inmate should remain in a structured intervention unit, the committee established under subsection 37.31(3) shall, in accordance with regulations made under paragraph 96(g), determine whether the inmate should remain in the unit.

Marginal note:Decision — Commissioner

37.4 Thirty days after the institutional head’s determination under paragraph 37.3(1)(b) that an inmate should remain in a structured intervention unit, the Commissioner shall, in accordance with regulations made under paragraph 96(g), determine whether the inmate should remain in the unit. The Commissioner shall also make such a determination in the prescribed circumstances and every 60 days after the Commissioner’s last determination under this section that the inmate should remain in the unit.

Marginal note:Grounds

• 37.41 (1) The institutional head, the Commissioner or the committee established under subsection 37.31(3) may determine that an inmate should remain in a structured intervention unit only if they believe on reasonable grounds that allowing the inmate’s reintegration into the mainstream inmate population

  • (a) would jeopardize the safety of the inmate or any other person or the security of the penitentiary; or

  • (b) would interfere with an investigation that could lead to a criminal charge or a charge under subsection 41(2) of a serious disciplinary offence.

• Marginal note:Factors

  (2) In making the determination, the institutional head, the Commissioner or the committee, as the case may be, shall take into account

  • (a) the inmate’s correctional plan;

  • (b) the appropriateness of the inmate’s confinement in the penitentiary;

  • (c) the appropriateness of the inmate’s security classification; and

  • (d) any other consideration that he or she considers relevant.

Marginal note:Review of inmate’s case

37.5 If an inmate has been authorized to be transferred to a structured intervention unit the prescribed number of times or in the prescribed circumstances, the Service shall review the inmate’s case in the prescribed manner and within the prescribed period.

Marginal note:Appointment of independent external decision-maker

• 37.6 (1) The Minister shall appoint one or more persons to be independent external decision-makers.

• Marginal note:Eligibility

  (2) To be eligible for appointment as an independent external decision-maker, a person must have knowledge of administrative decision-making processes in general. A person is not eligible for appointment as an independent external decision-maker if the person was, at any time, in the previous five years a staff member or appointed under subsection 6(1).

• Marginal note:Term

  (3) An independent external decision-maker is to be appointed for a renewable term of not more than five years and holds office during good behaviour, but may be removed at any time for cause by the Minister.

• Marginal note:Full-time or part-time

  (4) An independent external decision-maker may be appointed to serve either full-time or part-time.

Marginal note:Remuneration and expenses

37.61 An independent external decision-maker is to be paid

• (a) the remuneration that is fixed by the Treasury Board; and

• (b) in accordance with Treasury Board directives, any travel and living expenses that they incur in the performance of their duties and functions while absent from their ordinary place of work, in the case of a full-time decision-maker, and their ordinary place of residence, in the case of a part-time decision-maker.

Marginal note:Information to be made available

• 37.7 (1) The Service shall furnish to an independent external decision-maker all information under the Service’s control that is relevant to the making of a determination in respect of an inmate by the independent external decision-maker.

• Marginal note:Right to require information and documents

  (2) For the purpose of making a determination in respect of an inmate, an independent external decision-maker may require any staff member, or any person whose services are engaged by or on behalf of the Service,

  • (a) to furnish any information that, in the decision-maker’s opinion, the staff member or person may be able to furnish in relation to the inmate’s case; and

  • (b) to produce, for examination by the decision-maker, any document or thing that, in the decision-maker’s opinion, relates to the inmate’s case and that may be in the possession or under the control of the staff member or person.

• Marginal note:Return of document of thing

  (3) Within 10 days after the day on which an independent external decision-maker makes a determination, the decision-maker shall return to the Service any document or thing furnished under subsection (1) or paragraph (2)(a) or produced under paragraph (2)(b), as well as any copy of one.

Marginal note:Disclosure to inmate

• 37.71 (1) Before making a determination in respect of an inmate, an independent external decision-maker shall provide or cause to be provided to the inmate, in writing, in whichever of the two official languages of Canada is requested by the inmate, the information that is to be considered by the decision-maker or a summary of that information, other than information provided to the independent external decision-maker by the inmate.

• Marginal note:Exception

  (2) The independent external decision-maker may withhold from the inmate as much information as is strictly necessary if the independent external decision-maker has reasonable grounds to believe that

  • (a) the information should not be disclosed on the grounds of public interest; or

  • (b) the disclosure of the information would jeopardize the safety of any person, the security of a penitentiary or the conduct of any lawful investigation.

Marginal note:Written representations

37.72 Before making a determination in respect of an inmate, an independent external decision-maker shall ensure that the inmate is given an opportunity to make written representations to the independent external decision-maker.

Marginal note:Access to inmate

37.73 For the purpose of making a determination in respect of an inmate, an independent external decision-maker may communicate with the inmate.

Marginal note:No disclosure

• 37.74 (1) Subject to subsection (2), an independent external decision-maker shall not disclose any information that comes to their knowledge in the course of the exercise of their powers, or the performance of their duties and functions, under this Act or any other Act of Parliament.

• Marginal note:Exception

  (2) An independent external decision-maker may disclose information referred to in subsection (1) in the exercise of their powers or the performance of their duties and functions.

Marginal note:Not to be witness

37.75 An independent external decision­maker is not a competent or compellable witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise or purported exercise of their powers, or the performance or purported performance of their duties and functions, under this Act or any other Act of Parliament.

Marginal note:Protection of independent external decision-maker

37.76 No criminal or civil proceedings lie against an independent external decision-maker for anything done, reported or said in good faith in the course of the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the independent external decision-maker under this Act or any other Act of Parliament.

Marginal note:Publication of information

37.77 An independent external decision-maker may, in accordance with regulations made under paragraph 96(g.1), publish or otherwise disseminate information, other than personal information, relating to any determination made by the independent external decision-maker.

Marginal note:Decision after Commissioner’s determination

37.8 Thirty days after each of the Commissioner’s determinations under section 37.4 that an inmate should remain in a structured intervention unit, an independent external decision-maker shall, in accordance with regulations made under paragraph 96(g.1), determine whether the inmate should remain in the unit.

Marginal note:Decision after committee’s determination

37.81 If a committee established under subsection 37.31(3) determines that an inmate should remain in a structured intervention unit or determines that an inmate’s conditions of confinement in the structured intervention unit should not be altered in accordance with a recommendation of a registered health care professional under section 37.2, an independent external decision-maker shall, as soon as practicable, in accordance with regulations made under paragraph 96(g.1), determine whether the inmate should remain in the unit or whether the inmate’s conditions of confinement in the unit should be altered.