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Corrections and Conditional Release Regulations (SOR/92-620)

Regulations are current to 2020-01-16 and last amended on 2019-11-30. Previous Versions

PART ICorrections (continued)

Living Conditions (continued)

Intercepting Communications (continued)

  •  (1) The institutional head or a staff member designated by the institutional head may prevent an inmate from communicating with a person by mail or telephone if

    • (a) the institutional head or staff member believes on reasonable grounds that the safety of any person would be jeopardized; or

    • (b) the intended recipient of the communication, or the parent or guardian of the intended recipient where the intended recipient is a minor, submits a request in writing to the institutional head or staff member that the intended recipient not receive any communication from the inmate.

  • (2) Where an inmate is prevented under subsection (1) from communicating with a person, the institutional head or staff member designated by the institutional head, as the case may be, shall promptly inform the inmate, in writing, of the reasons and shall give the inmate an opportunity to make representations with respect thereto.

Publications, Video and Audio Materials, Films and Computer Programs

  •  (1) The institutional head or a staff member designated by the institutional head may prohibit the entry into the penitentiary or the circulation within the penitentiary of any publication, video or audio material, film or computer program that the institutional head or staff member believes on reasonable grounds would jeopardize the security of the penitentiary or the safety of any person.

  • (2) The institutional head or a staff member designated by the institutional head may prohibit the use by an inmate, including the display of, any publication, video or audio material, film or computer program that the institutional head or staff member believes on reasonable grounds

    • (a) would likely be viewed by other persons; and

    • (b) would undermine a person’s sense of personal dignity by demeaning the person or causing personal humiliation or embarrassment to a person, on the basis of race, national or ethnic origin, colour, religion or sex.

Access to Legal Counsel and Legal and Non-Legal Materials

  •  (1) The Service shall, without delay, inform every inmate who is arrested of their right to legal counsel and give them an opportunity to retain and instruct legal counsel.

  • (2) The Service shall, without delay, inform every inmate who is the subject of any of the following of their right to legal counsel and give them a reasonable opportunity to retain and instruct legal counsel:

    • (a) an authorization to transfer to a structured intervention unit;

    • (b) a proposed involuntary transfer under section 12;

    • (c) an emergency transfer under section 13;

    • (d) an authorization of detention in a dry cell under section 51 of the Act.

  • (3) The Service shall ensure that an inmate has reasonable access to

    • (a) legal counsel and legal reading materials;

    • (b) non-legal materials, including

      • (i) Commissioner’s Directives, and

      • (ii) regional instructions and institutional standing orders, except those relating to security matters; and

    • (c) a commissioner for taking oaths and affidavits.

  • (4) If an inmate is given an opportunity to make representations related to a determination or review about their confinement in a structured intervention unit, the Service shall give the inmate a reasonable opportunity to retain and instruct legal counsel to assist them with the preparation and, if applicable, the presentation of those representations.

  • SOR/2019-299, s. 25

Inmate Assembly and Association

  •  (1) The institutional head or a staff member designated by the institutional head may

    • (a) for the purpose of protecting the security of the penitentiary or the safety of any person, direct a staff member or other person to observe any assembly of inmates; or

    • (b) where the institutional head or staff member believes on reasonable grounds that any assembly of inmates or the activities of any inmate organization or committee would jeopardize the security of the penitentiary or the safety of any person, prohibit the assembly or activities.

  • (2) Where the institutional head or staff member designated by the institutional head prohibits an assembly or activities under paragraph (1)(b), the institutional head or staff member shall give the inmates’ representative

    • (a) written notice of the prohibition, including the reasons for the prohibition; and

    • (b) an opportunity to make representations with respect thereto.

  •  (1) The institutional head or a staff member designated by the institutional head may prohibit an inmate from participating in an assembly of inmates or in the activities of an inmate organization or committee if the institutional head or staff member believes on reasonable grounds that the inmate’s participation would jeopardize the security of the penitentiary or the safety of any person.

  • (2) Where the institutional head or staff member designated by the institutional head prohibits an inmate from participating in an assembly or activities under subsection (1), the institutional head or staff member shall give the inmate

    • (a) written notice of the prohibition, including the reasons for the prohibition; and

    • (b) an opportunity to make representations with respect thereto.

Religion and Spirituality

  •  (1) Every inmate shall be entitled to express the inmate’s religion or spirituality in accordance with section 75 of the Act to the extent that the expression of the inmate’s religion or spirituality does not

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

    • (b) involve contraband.

  • (2) Sections 98 and 99 apply in respect of any assembly of inmates held for the purpose of expressing a religion or spirituality.

 The Service shall ensure that, where practicable, the necessities that are not contraband and that are reasonably required by an inmate for the inmate’s religion or spirituality are made available to the inmate, including

  • (a) interfaith chaplaincy services;

  • (b) facilities for the expression of the religion or spirituality;

  • (c) a special diet as required by the inmate’s religious or spiritual tenets; and

  • (d) the necessities related to special religious or spiritual rites of the inmate.

Programs for Inmates

Correctional Plans

  •  (1) The institutional head shall ensure that a correctional plan for an inmate is developed as soon as practicable after the reception of the inmate in the penitentiary, and is maintained, with the inmate to ensure that the inmate receives the most effective programs at the appropriate time in the inmate’s sentence to prepare the inmate for reintegration into the community, on release, as a law-abiding citizen.

  • (2) When considering program selection for, or the transfer or conditional release of, an inmate, the Service shall take into account the inmate’s progress towards meeting the objectives set out in the inmate’s correctional plan.

  • SOR/2019-299, s. 26(F)

Exemption from Work

 No person shall require an inmate to perform work that a qualified medical practitioner has certified the inmate is not physically fit to perform.

Inmate Pay

  •  (1) Subject to subsection (3), where an inmate, without reasonable excuse, refuses to participate in a program for which the inmate is paid pursuant to section 78 of the Act or leaves that program, the institutional head or a staff member designated by the institutional head may

    • (a) suspend the inmate’s participation in the program for a specified period of not more than six weeks; or

    • (b) terminate the inmate’s participation in the program.

  • (2) Where the institutional head or staff member suspends participation in a program under subsection (1), the inmate shall not be paid during the period of the suspension.

  • (3) Where the institutional head or a staff member designated by the institutional head suspends or terminates participation in a program under subsection (1), the institutional head or staff member may reduce or cancel the period of the suspension or cancel the termination where

    • (a) taking into account all of the circumstances of the case, it is reasonable to do so; and

    • (b) the inmate indicates a willingness to resume the program.

  • (4) [Repealed, SOR/96-108, s. 1]

  • SOR/96-108, s. 1
 
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