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

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.

Health Care

Marginal note:Definitions

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

treatment means health care treatment. (Version anglaise seulement)

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.

• Marginal note:Standards

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

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.

Marginal note:Purpose

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.

Marginal note:When treatment permitted

• 88 (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

89 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

89.1 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.

Grievance or Complaint Procedure

Marginal note:Grievance procedure

90 There shall be a procedure for fairly and expeditiously resolving offenders’ grievances on matters within the jurisdiction of the Commissioner, and the procedure shall operate in accordance with the regulations made under paragraph 96(u).

Marginal note:Access to grievance procedure

91 Every offender shall have complete access to the offender grievance procedure without negative consequences.

Marginal note:Frivolous complaints, etc.

• 91.1 (1) If the Commissioner is satisfied that an offender has persistently submitted complaints or grievances that are frivolous, vexatious or not made in good faith, the Commissioner may, in accordance with the prescribed procedures, prohibit an offender from submitting any further complaint or grievance except by leave of the Commissioner.

• Marginal note:Review of prohibition

  (2) The Commissioner shall review each prohibition under subsection (1) annually and shall give the offender written reasons for his or her decision to maintain or lift it.