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

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.

Marginal note:Grounds

• 37.82 (1) The independent external decision-maker may determine under sections 37.8 and 37.81 that an inmate should remain in a structured intervention unit only if the independent external decision-maker believes 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 independent external decision-maker 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:Decision — reasonable steps

• 37.83 (1) If, for five consecutive days or for a total of 15 days during any 30-day period, an inmate confined in a structured intervention unit has not spent a minimum of four hours a day outside the inmate’s cell or has not interacted, for a minimum of two hours a day, with others, an independent external decision-maker shall, as soon as practicable, determine whether the Service has taken all reasonable steps to provide the inmate with the opportunities referred to in subsection 36(1) and to encourage the inmate to avail themselves of those opportunities.

• Marginal note:Recommendations

  (2) If the independent external decision-maker determines that the Service has not taken all reasonable steps, he or she may make any recommendation to the Service that he or she considers appropriate to remedy the situation.

• Marginal note:Power to direct removal from unit

  (3) If the Service, within the period of seven days commencing on the day on which it receives recommendations, fails to satisfy the independent external decision-maker that it has taken all reasonable steps to provide the inmate with the opportunities referred to in subsection 36(1), the independent external decision-maker shall direct the Service to remove the inmate from the structured intervention unit and provide a notice of the direction to the Correctional Investigator as defined in Part III.

Marginal note:Other duties

37.9 An independent external decision-maker may, in the prescribed circumstances, make a prescribed determination or review in the prescribed manner.

Marginal note:Restriction of movement and application of provisions before transfer

• 37.91 (1) The transfer of an inmate to a structured intervention unit must be completed not later than five working days after the day on which the authorization for the transfer is given. Until the transfer is completed, the Service may impose restrictions on the inmate’s movement and sections 29.01, 33, 35 to 37.4 and 37.81 to 37.83 apply with any necessary modifications in respect of the inmate as though the inmate were in a structured intervention unit. However, the opportunity referred to in paragraph 36(1)(b) is to be provided only if the circumstances permit.

• Marginal note:Obligation of the institutional head

  (2) The institutional head shall, at least once every day, meet with the inmate.

• Marginal note:Exception

  (3) Subsection (1) does not apply if the transfer is to a structured intervention unit in the penitentiary where the inmate is confined at the time the authorization is given.

Discipline

Marginal note:Purpose of disciplinary system

38 The purpose of the disciplinary system established by sections 40 to 44 and the regulations is to encourage inmates to conduct themselves in a manner that promotes the good order of the penitentiary, through a process that contributes to the inmates’ rehabilitation and successful reintegration into the community.

Marginal note:System exclusive

39 Inmates shall not be disciplined otherwise than in accordance with sections 40 to 44 and the regulations.

Marginal note:Disciplinary offences

40 An inmate commits a disciplinary offence who

• (a) disobeys a justifiable order of a staff member;

• (b) is, without authorization, in an area prohibited to inmates;

• (c) wilfully or recklessly damages or destroys property that is not the inmate’s;

• (d) commits theft;

• (e) is in possession of stolen property;

• (f) is disrespectful toward a person in a manner that is likely to provoke them to be violent or toward a staff member in a manner that could undermine their authority or the authority of staff members in general;

• (g) is abusive toward a person or intimidates them by threats that violence or other injury will be done to, or punishment inflicted on, them;

• (h) fights with, assaults or threatens to assault another person;

• (i) is in possession of, or deals in, contraband;

• (j) without prior authorization, is in possession of, or deals in, an item that is not authorized by a Commissioner’s Directive or by a written order of the institutional head;

• (k) takes an intoxicant into the inmate’s body;

• (l) fails or refuses to provide a urine sample when demanded pursuant to section 54 or 55;

• (m) creates or participates in

  • (i) a disturbance, or

  • (ii) any other activity

  that is likely to jeopardize the security of the penitentiary;

• (n) does anything for the purpose of escaping or assisting another inmate to escape;

• (o) offers, gives or accepts a bribe or reward;

• (p) without reasonable excuse, refuses to work or leaves work;

• (q) engages in gambling;

• (r) wilfully disobeys a written rule governing the conduct of inmates;

• (r.1) knowingly makes a false claim for compensation from the Crown;

• (r.2) throws a bodily substance towards another person; or

• (s) attempts to do, or assists another person to do, anything referred to in paragraphs (a) to (r).

Marginal note:Informal resolution

• 41 (1) Where a staff member believes on reasonable grounds that an inmate has committed or is committing a disciplinary offence, the staff member shall take all reasonable steps to resolve the matter informally, where possible.

• Marginal note:Charge may be issued

  (2) Where an informal resolution is not achieved, the institutional head may, depending on the seriousness of the alleged conduct and any aggravating or mitigating factors, issue a charge of a minor disciplinary offence or a serious disciplinary offence.

Marginal note:Notice of charge

42 An inmate charged with a disciplinary offence shall be given a written notice of the charge in accordance with the regulations, and the notice must state whether the charge is minor or serious.

Marginal note:Hearing

• 43 (1) A charge of a disciplinary offence shall be dealt with in accordance with the prescribed procedure, including a hearing conducted in the prescribed manner.

• Marginal note:Presence of inmate

  (2) A hearing mentioned in subsection (1) shall be conducted with the inmate present unless

  • (a) the inmate is voluntarily absent;

  • (b) the person conducting the hearing believes on reasonable grounds that the inmate’s presence would jeopardize the safety of any person present at the hearing; or

  • (c) the inmate seriously disrupts the hearing.

• Marginal note:Decision

  (3) The person conducting the hearing shall not find the inmate guilty unless satisfied beyond a reasonable doubt, based on the evidence presented at the hearing, that the inmate committed the disciplinary offence in question.