Marginal note:Purpose of temporary absence

7. The purpose of a temporary absence program is to contribute to the maintenance of a just, peaceful and safe society by facilitating, through decisions on the timing and conditions of absence, the rehabilitation of prisoners and their reintegration into the community as law-abiding citizens.

Marginal note:Principles

7.1 The principles that shall guide designated authorities in achieving the purpose of a temporary absence program are

• (a) that the least restrictive decision that is consistent with the protection of society and the prisoner’s rehabilitation and reintegration into the community be made;

• (b) that all available information that is relevant to the case be taken into account;

• (c) that prisoners be provided with relevant information, reasons for decisions and access to the review of decisions in order to ensure a fair and understandable temporary absence process; and

• (d) that the designated authority provide for the timely exchange of relevant information with other participants in the criminal justice system and make information about temporary absence programs and policies available to prisoners, victims and the public.

Marginal note:Designation

• 7.2 (1) The lieutenant governor of a province may designate any persons or organizations to be responsible for authorizing temporary absences under this Act for prisoners in that province.

• Marginal note:Authorization of provincial parole board

  (2) Where a provincial parole board has been established for a province, the lieutenant governor of the province may order that no absence of a prisoner without escort be authorized from a prison in the province except by the provincial parole board.

Marginal note:Authorization of temporary absence

• 7.3 (1) A designated authority may authorize a prisoner to be absent from prison with or without escort, subject to any conditions that the authority considers appropriate, where it is necessary or desirable in the authority’s opinion

  • (a) for medical or humanitarian reasons;

  • (b) in order to facilitate the prisoner’s rehabilitation or reintegration into the community; or

  • (c) for any other purpose, consistent with the purpose and principles set out in section 7 and 7.1, that may be established by the laws of the province respecting the authorization of temporary absences of prisoners who have contravened provincial law.

• Marginal note:Eligibility criteria

  (2) In authorizing a temporary absence, the designated authority must apply the criteria, if any, established by the laws of the province respecting eligibility for temporary absence of prisoners who have contravened provincial law.