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

Marginal note:Inmate rights

37. An inmate in administrative segregation has the same rights and conditions of confinement as other inmates, except for those that

• (a) can only be enjoyed in association with other inmates; or

• (b) cannot be enjoyed due to

  • (i) limitations specific to the administrative segregation area, or

  • (ii) security requirements.

Marginal note:Purpose of disciplinary system

38. The purpose of the disciplinary system established by sections 40 to 44 and the regulations is to encourage inmates to conduct themselves in a manner that promotes the good order of the penitentiary, through a process that contributes to the inmates’ rehabilitation and successful reintegration into the community.

Marginal note:System exclusive

39. Inmates shall not be disciplined otherwise than in accordance with sections 40 to 44 and the regulations.

Marginal note:Disciplinary offences

40. An inmate commits a disciplinary offence who

• (a) disobeys a justifiable order of a staff member;

• (b) is, without authorization, in an area prohibited to inmates;

• (c) wilfully or recklessly damages or destroys property that is not the inmate’s;

• (d) commits theft;

• (e) is in possession of stolen property;

• (f) is disrespectful toward a person in a manner that is likely to provoke them to be violent or toward a staff member in a manner that could undermine their authority or the authority of staff members in general;

• (g) is abusive toward a person or intimidates them by threats that violence or other injury will be done to, or punishment inflicted on, them;

• (h) fights with, assaults or threatens to assault another person;

• (i) is in possession of, or deals in, contraband;

• (j) without prior authorization, is in possession of, or deals in, an item that is not authorized by a Commissioner’s Directive or by a written order of the institutional head;

• (k) takes an intoxicant into the inmate’s body;

• (l) fails or refuses to provide a urine sample when demanded pursuant to section 54 or 55;

• (m) creates or participates in

  • (i) a disturbance, or

  • (ii) any other activity

  that is likely to jeopardize the security of the penitentiary;

• (n) does anything for the purpose of escaping or assisting another inmate to escape;

• (o) offers, gives or accepts a bribe or reward;

• (p) without reasonable excuse, refuses to work or leaves work;

• (q) engages in gambling;

• (r) wilfully disobeys a written rule governing the conduct of inmates;

• (r.1) knowingly makes a false claim for compensation from the Crown;

• (r.2) throws a bodily substance towards another person; or

• (s) attempts to do, or assists another person to do, anything referred to in paragraphs (a) to (r).