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

Inmates’ Effects

84 The institutional head shall take all reasonable steps to ensure that the effects of an inmate that are permitted to be taken into and kept in the penitentiary are protected from loss or damage.

• 85 (1) Subject to subsections (2) to (4), where an inmate escapes, the institutional head may dispose of the inmate’s personal effects

  • (a) in the case of effects other than legal or official documents, two years after the date of the escape; and

  • (b) in the case of legal or official documents, seven years after the date of the escape.

• (2) The institutional head shall not dispose of an inmate’s effects under subsection (1) unless the institutional head has taken all reasonable steps to determine

  • (a) that the inmate is not in custody in Canada;

  • (b) that, where the inmate is in custody in a foreign state, no extradition application is contemplated and the inmate has not applied to the foreign state for a transfer to Canada pursuant to an agreement between that state and Canada; and

  • (c) that the inmate does not have a next of kin to whom the effects can be sent.

• (3) Where the institutional head disposes of an inmate’s personal effects, other than legal or official documents, under subsection (1), the institutional head may

  • (a) give the effects to a charitable organization located in the vicinity of the penitentiary;

  • (b) destroy the effects, if the effects are unusable; or

  • (c) remit the effects to Her Majesty in right of Canada.

• (4) Where the institutional head, under subsection (1), disposes of an inmate’s personal effects that are legal or official documents, the institutional head shall dispose of the effects in accordance with the instructions of the Public Trustee or other appropriate official of the province in which the penitentiary is located.

Interviews

86 The Commissioner shall, while visiting a penitentiary, provide a reasonable opportunity for an interview with any inmate who has a concern respecting any matter referred to in section 70 of the Act and who requests an interview with the Commissioner.

87 The institutional head shall provide any inmate who requests an interview with the institutional head with a reasonable opportunity for an interview.

Correspondence

88 The Service shall ensure that a person is available to any inmate who is unable to read or write to assist the inmate in preparing and reading the inmate’s correspondence

• (a) in the official language of the inmate’s choice; or

• (b) where practicable, in another language of the inmate’s choice.

• 89 (1) Subject to subsection 94(1), a staff member may inspect an envelope or a package sent or received by an inmate to the extent necessary to determine whether the envelope or package contains contraband, but the staff member may not read the contents of the envelope or package.

• (2) Sections 57 to 59 apply in respect of contraband that is in the possession of the Service as a result of an inspection referred to in subsection (1).

Visits

• 90 (1) Every inmate shall have a reasonable opportunity to meet with a visitor without a physical barrier to personal contact unless

  • (a) the institutional head or a staff member designated by the institutional head suspects on reasonable grounds that the barrier is necessary for the security of the penitentiary or the safety of any person; and

  • (b) no less restrictive measure is available.

• (2) The institutional head or a staff member designated by the institutional head may, for the purpose of protecting the security of the penitentiary or the safety of any person, authorize the visual supervision of a visiting area by a staff member or a mechanical device, and the supervision shall be carried out in the least obtrusive manner necessary in the circumstances.

• (3) The Service shall ensure that every inmate can meet with the inmate’s legal counsel in private interview facilities.

• 91 (1) Subject to section 93, the institutional head or a staff member designated by the institutional head may authorize the refusal or suspension of a visit to an inmate where the institutional head or staff member suspects on reasonable grounds

  • (a) that, during the course of the visit, the inmate or visitor would

    • (i) jeopardize the security of the penitentiary or the safety of any person, or

    • (ii) plan or commit a criminal offence; and

  • (b) that restrictions on the manner in which the visit takes place would not be adequate to control the risk.

• (2) Where a refusal or suspension is authorized under subsection (1),

  • (a) the refusal or suspension may continue for as long as the risk referred to in that subsection continues; and

  • (b) the institutional head or staff member shall promptly inform the inmate and the visitor of the reasons for the refusal or suspension and shall give the inmate and the visitor an opportunity to make representations with respect thereto.

• 92 (1) Subject to section 93, the institutional head or a staff member designated by the institutional head may authorize a complete suspension of the visiting rights of all inmates in a penitentiary where the security of the penitentiary is significantly jeopardized and no less restrictive measure is available.

• (2) Every complete suspension of visiting rights under subsection (1), shall be reviewed by

  • (a) the head of the region on or before the fifth day of the suspension; and

  • (b) by the Commissioner on or before the fourteenth day of the suspension.

Visits by Parliamentarians and Judges

• 93 (1) No institutional head shall authorize the refusal or suspension of a visit, pursuant to section 72 of the Act, of a member of the House of Commons, a Senator or a judge, unless the institutional head believes on reasonable grounds

  • (a) that the visit would jeopardize the security of the penitentiary or the safety of any person; and

  • (b) that restrictions on the manner in which the visit takes place would not be adequate to control the risk.

• (2) Where the institutional head authorizes a refusal or suspension under subsection (1), the institutional head shall promptly inform the member of the House of Commons, the Senator or the judge and, where applicable, the inmate being visited of the reasons for the refusal or suspension and shall give the member of the House of Commons, the Senator or the judge and, where applicable, the inmate an opportunity to make representations with respect thereto.

Intercepting Communications

• 94 (1) Subject to subsection (2), the institutional head or a staff member designated by the institutional head may authorize, in writing, that communications between an inmate and a member of the public, including letters, telephone conversations and communications in the course of a visit, be opened, read, listened to or otherwise intercepted by a staff member or a mechanical device, where the institutional head or staff member believes on reasonable grounds

  • (a) that the communications contain or will contain evidence of

    • (i) an act that would jeopardize the security of the penitentiary or the safety of any person, or

    • (ii) a criminal offence or a plan to commit a criminal offence; and

  • (b) that interception of the communications is the least restrictive measure available in the circumstances.

• (2) No institutional head or staff member designated by the institutional head shall authorize the opening of, reading of, listening to or otherwise intercepting of communications between an inmate and a person set out in the schedule, by a staff member or a mechanical device, unless the institutional head or staff member believes on reasonable grounds

  • (a) that the grounds referred to in subsection (1) exist; and

  • (b) that the communications are not or will not be the subject of a privilege.

• (3) Where a communication is intercepted under subsection (1) or (2), the institutional head or staff member designated by the institutional head shall promptly inform the inmate, in writing, of the reasons for the interception and shall give the inmate an opportunity to make representations with respect thereto, unless the information would adversely affect an ongoing investigation, in which case the inmate shall be informed of the reasons and given an opportunity to make representations with respect thereto on completion of the investigation.