GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Corrections and Conditional Release Act — C-44.6 60
Frisk search 60 (1) A staff member may conduct a frisk search of a visitor where the staff member suspects on reasonable grounds that the visitor is carrying contraband or carrying other evidence relating to an offence under section 45. Strip search (2) Where a staff member (a) suspects on reasonable grounds that a visitor is carrying contraband or carrying other evidence relating to an offence under section 45 and believes that a strip search is necessary to find the contraband or evidence, and (b) satisfies the institutional head that there are reasonable grounds (i) to suspect that the visitor is carrying contraband or carrying other evidence relating to an offence under section 45, and (ii) to believe that a strip search is necessary to find the contraband or evidence, a staff member of the same sex as the visitor may, after giving the visitor the option of voluntarily leaving the penitentiary forthwith, conduct a strip search of the visitor. Idem (3) Where a staff member believes on reasonable grounds that a visitor is carrying contraband or carrying other evidence relating to an offence under section 45 and that a strip search is necessary to find the contraband or evidence, (a) the staff member may detain the visitor in order to (i) obtain the authorization of the institutional head to conduct a strip search, or (ii) obtain the services of the police; and (b) where the staff member satisfies the institutional head that there are reasonable grounds to believe (i) that the visitor is carrying contraband or carrying other evidence relating to an offence under section 45, and (ii) that a strip search is necessary to find the contraband or evidence, the institutional head may authorize a staff member of the same sex as the visitor to conduct a strip search of the visitor. Rights of detained visitor (4) A visitor who is detained pursuant to subsection (3) shall (a) be informed promptly of the reasons for the detention; and (b) before being searched, be given a reasonable opportunity to retain and instruct counsel without delay and be informed of that right.
Corrections and Conditional Release Act — C-44.6 60.1
Search by body scan 60.1 A staff member may, in the prescribed circumstances, conduct a body scan search of a visitor, and those circumstances must be limited to what is reasonably required for security purposes. 2019, c. 27, s. 18
Corrections and Conditional Release Act — C-44.6 61
Routine searches 61 (1) A staff member may, in the prescribed manner, conduct routine searches of vehicles at a penitentiary, without individualized suspicion, in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes. Searches for contraband (2) A staff member who believes on reasonable grounds that contraband is located in a vehicle at a penitentiary in circumstances constituting an offence under section 45 may, with prior authorization from the institutional head, search the vehicle. Emergency searches (3) Where a staff member believes on reasonable grounds that the delay that would be necessary in order to comply with the prior authorization requirement of subsection (2) would result in danger to human life or safety or the loss or destruction of the contraband, the staff member may search the vehicle without that prior authorization. Exceptional power to search (4) An institutional head may, in writing, authorize a staff member to search the vehicles at a penitentiary if the institutional head has reasonable grounds to believe that (a) there is a clear and substantial danger to the security of the penitentiary or the life or safety of persons because evidence exists that there is contraband at the penitentiary or that a criminal offence is being planned or has been committed at the penitentiary; and (b) it is necessary to search the vehicles in order to locate and seize the contraband or other evidence and to avert the danger. 1992, c. 20, s. 61; 2012, c. 1, s. 65 2019, c. 27, s. 19(F)
Corrections and Conditional Release Act — C-44.6 62
Warnings about searches 62 At each penitentiary, a conspicuous warning shall be posted at the entrance to the lands and at the visitor control point, stating that all visitors and vehicles at the penitentiary are subject to being searched in accordance with this Part and the regulations.
Corrections and Conditional Release Act — C-44.6 63
Routine non-intrusive or frisk searches 63 A staff member may conduct routine non-intrusive searches or routine frisk searches of other staff members, without individualized suspicion, in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes. 1992, c. 20, s. 63 2019, c. 27, s. 20(F)
Corrections and Conditional Release Act — C-44.6 64
Frisk search or strip search 64 (1) Where a staff member believes on reasonable grounds that another staff member is carrying contraband or carrying evidence relating to a criminal offence and that a frisk search or strip search is necessary to find the contraband or evidence, (a) the staff member may detain the other staff member in order to (i) obtain the authorization of the institutional head to conduct a frisk search or strip search, or (ii) obtain the services of the police; and (b) where the staff member satisfies the institutional head that there are reasonable grounds to believe that the other staff member is carrying contraband or carrying evidence relating to a criminal offence and that a frisk search or strip search is necessary to find the contraband or evidence, the institutional head may (i) authorize a staff member to conduct a frisk search of the other staff member, or (ii) authorize a staff member of the same sex as the other staff member to conduct a strip search of that other staff member. Rights of detained staff member (2) A staff member who is detained pursuant to subsection (1) shall (a) be informed promptly of the reasons for the detention; and (b) before being searched, be given a reasonable opportunity to retain and instruct counsel without delay and be informed of that right.
Corrections and Conditional Release Act — C-44.6 64.1
Search by body scan 64.1 A staff member may, in the prescribed circumstances, conduct a body scan search of another staff member, and those circumstances must be limited to what is reasonably required for security purposes. 2019, c. 27, s. 21
Corrections and Conditional Release Act — C-44.6 65
Power to seize 65 (1) A staff member may seize contraband, or evidence relating to a disciplinary or criminal offence, found in the course of a search conducted under sections 47 to 64, except a body cavity search or a body scan search. Idem (2) A medical practitioner conducting a body cavity search may seize contraband or evidence relating to a disciplinary or criminal offence found in the course of that search. Idem (3) A person conducting a search pursuant to subsection 47(2) or 49(2) may seize contraband found in the course of that search. 1992, c. 20, s. 65 2019, c. 27, s. 22 2022, c. 10, s. 300
Corrections and Conditional Release Act — C-44.6 66
Frisk search, room search 66 (1) An employee of a community-based residential facility who is so authorized by the Service may (a) conduct a frisk search of an offender in that facility, and (b) search an offender’s room and its contents, where the employee suspects on reasonable grounds that the offender is violating or has violated a condition of the offender’s parole, statutory release or temporary absence and that such a search is necessary to confirm the suspected violation. Power to seize (2) An employee who conducts a search pursuant to subsection (1) may seize any evidence of a violation of the offender’s conditions of release found in the course of the search. Definition of community-based residential facility (3) In this section, community-based residential facility means a place that provides accommodation to offenders who are on parole, statutory release or temporary absence. 1992, c. 20, s. 66; 1995, c. 42, s. 71(F)
Corrections and Conditional Release Act — C-44.6 67
Reports to be submitted 67 Reports in respect of searches conducted pursuant to sections 47 to 66, and in respect of the seizure of items in the course of those searches, must be submitted where required by regulations made under paragraph 96(o) and in accordance with those regulations. 1992, c. 20, s. 67; 1995, c. 42, s. 16
Corrections and Conditional Release Act — C-44.6 68
Instruments of restraint 68 No person shall apply an instrument of restraint to an offender as punishment.
Corrections and Conditional Release Act — C-44.6 69
Cruel treatment, etc. 69 No person shall administer, instigate, consent to or acquiesce in any cruel, inhumane or degrading treatment or punishment of an offender.
Corrections and Conditional Release Act — C-44.6 70
Living conditions, etc. 70 The Service shall take all reasonable steps to ensure that penitentiaries, the penitentiary environment, the living and working conditions of inmates and the working conditions of staff members are safe, healthful and free of practices that undermine a person’s sense of personal dignity. 1992, c. 20, s. 70; 1995, c. 42, s. 17(F)
Corrections and Conditional Release Act — C-44.6 71
Contacts and visits 71 (1) In order to promote relationships between inmates and the community, an inmate is entitled to have reasonable contact, including visits and correspondence, with family, friends and other persons from outside the penitentiary, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons. Visitors’ permitted items (2) At each penitentiary, a conspicuous notice shall be posted at the visitor control point, listing the items that a visitor may have in possession beyond the visitor control point. Where visitor has non-permitted item (3) Where a visitor has in possession, beyond the visitor control point, an item not listed on the notice mentioned in subsection (2) without having previously obtained the permission of a staff member, a staff member may terminate or restrict the visit.
Corrections and Conditional Release Act — C-44.6 72
Members of Parliament, judges 72 Every member of the House of Commons, every Senator and every judge of a court in Canada has the right to (a) enter any penitentiary, (b) visit any part of a penitentiary, and (c) visit any inmate, with the consent of the inmate, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons. 1992, c. 20, s. 72; 1995, c. 42, s. 18(F)
Corrections and Conditional Release Act — C-44.6 73
Assembly and association 73 Inmates are entitled to reasonable opportunities to assemble peacefully and associate with other inmates within the penitentiary, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.
Corrections and Conditional Release Act — C-44.6 74
Inmate input into decisions 74 The Service shall provide inmates with the opportunity to contribute to decisions of the Service affecting the inmate population as a whole, or affecting a group within the inmate population, except decisions relating to security matters.
Corrections and Conditional Release Act — C-44.6 75
Religion 75 An inmate is entitled to reasonable opportunities to freely and openly participate in, and express, religion or spirituality, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons. 1992, c. 20, s. 75; 1995, c. 42, s. 19(F)
Corrections and Conditional Release Act — C-44.6 76
Programs for offenders generally 76 The Service shall provide a range of programs designed to address the needs of offenders and contribute to their successful reintegration into the community.
Corrections and Conditional Release Act — C-44.6 77
Programs for female offenders 77 Without limiting the generality of section 76, the Service shall (a) provide programs designed particularly to address the needs of female offenders; and (b) consult regularly about programs for female offenders with (i) appropriate women’s groups, and (ii) other appropriate persons and groups with expertise on, and experience in working with, female offenders.
Corrections and Conditional Release Act — C-44.6 78
Payments to offenders 78 (1) For the purpose of (a) encouraging offenders to participate in programs provided by the Service, or (b) providing financial assistance to offenders to facilitate their reintegration into the community, the Commissioner may authorize payments to offenders at rates approved by the Treasury Board. Deductions (2) Where an offender receives a payment referred to in subsection (1) or income from a prescribed source, the Service may (a) make deductions from that payment or income in accordance with regulations made under paragraph 96(z.2) and any Commissioner’s Directive; and (b) require that the offender pay to Her Majesty in right of Canada, in accordance with regulations made pursuant to paragraph 96( z.2.1 ) and as set out in a Commissioner’s Directive, an amount, not exceeding thirty per cent of the gross payment referred to in subsection (1) or gross income, for reimbursement of the costs of the offender’s food and accommodation incurred while the offender was receiving that income or payment, or for reimbursement of the costs of work-related clothing provided to the offender by the Service. 1992, c. 20, s. 78; 1995, c. 42, s. 20
Corrections and Conditional Release Act — C-44.6 79
Definitions 79 In sections 79.1 to 84.1, correctional services means services or programs for offenders, including their care, custody and supervision. ( services correctionnels ) 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 means an organization with predominately Indigenous leadership. ( organisme autochtone ) 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 ) 1992, c. 20, s. 79 2019, c. 27, s. 23
Corrections and Conditional Release Act — C-44.6
correctional services means services or programs for offenders, including their care, custody and supervision. ( services correctionnels )
Corrections and Conditional Release Act — C-44.6
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 )
Corrections and Conditional Release Act — C-44.6
Indigenous organization means an organization with predominately Indigenous leadership. ( organisme autochtone )
Corrections and Conditional Release Act — C-44.6
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 )
Corrections and Conditional Release Act — C-44.6 79.1
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. 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. 2019, c. 27, s. 23
Corrections and Conditional Release Act — C-44.6 80
Programs 80 Without limiting the generality of section 76, the Service shall provide programs designed particularly to address the needs of Indigenous offenders. 1992, c. 20, s. 80 2019, c. 27, s. 23
Corrections and Conditional Release Act — C-44.6 81
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. 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. 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. 1992, c. 20, s. 81; 1995, c. 42, s. 21(F) 2019, c. 27, s. 24
Corrections and Conditional Release Act — C-44.6 82
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. 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. 1992, c. 20, s. 82 2019, c. 27, s. 25
Corrections and Conditional Release Act — C-44.6 83
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. 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. 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. 1992, c. 20, s. 83 2019, c. 27, s. 25
Corrections and Conditional Release Act — C-44.6 84
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. 1992, c. 20, s. 84; 2012, c. 1, s. 66 2019, c. 27, s. 25
Corrections and Conditional Release Act — C-44.6 84.1
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. 1997, c. 17, s. 15 2019, c. 27, s. 25
Corrections and Conditional Release Act — C-44.6 85
Definitions 85 In sections 86 and 87, 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 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 means health care treatment. ( Version anglaise seulement ) 1992, c. 20, s. 85 2019, c. 27, s. 26
Corrections and Conditional Release Act — C-44.6
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 )
Corrections and Conditional Release Act — C-44.6
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 )
Corrections and Conditional Release Act — C-44.6
treatment means health care treatment. ( Version anglaise seulement )
Corrections and Conditional Release Act — C-44.6 86
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. Standards (2) The provision of health care under subsection (1) shall conform to professionally accepted standards. 1992, c. 20, s. 86 2019, c. 27, s. 27
Corrections and Conditional Release Act — C-44.6 86.1
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. 2019, c. 27, s. 28
Corrections and Conditional Release Act — C-44.6 86.2
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. 2019, c. 27, s. 28
Corrections and Conditional Release Act — C-44.6 86.3
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. 2019, c. 27, s. 28
Corrections and Conditional Release Act — C-44.6 86.4
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). 2019, c. 27, s. 28
Corrections and Conditional Release Act — C-44.6 87
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. 1992, c. 20, s. 87 2019, c. 27, s. 29