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

97 (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.