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

Work Releases

Definition of work release

• 18 (1) In this section, work release means a structured program of release of specified duration for work or community service outside the penitentiary, under the supervision of a staff member or other person or organization authorized by the institutional head.

• Marginal note:Work releases may be authorized

  (2) Where an inmate is eligible for unescorted temporary absences under Part II or pursuant to section 746.1 of the Criminal Code, subsection 226.1(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act, and, in the opinion of the institutional head,

  • (a) the inmate will not, by reoffending, present an undue risk to society during a work release,

  • (b) it is desirable for the inmate to participate in a structured program of work or community service in the community,

  • (c) the inmate’s behaviour while under sentence does not preclude authorizing the work release, and

  • (d) a structured plan for the work release has been prepared,

  the institutional head may authorize a work release, for such duration as is fixed by the institutional head, subject to the approval of the Commissioner if the duration is to exceed sixty days.

• Marginal note:Conditions

  (3) The institutional head may impose, in relation to a work release, any conditions that the institutional head considers reasonable and necessary in order to protect society.

• Marginal note:Suspension or cancellation

  (4) The institutional head may suspend or cancel a work release either before or after its commencement.

• Marginal note:Reasons to be given

  (5) The institutional head shall give the inmate written reasons for the authorizing, refusal, suspension or cancellation of a work release.

• Marginal note:Warrant

  (6) Where a work release is suspended or cancelled after its commencement, the institutional head may cause a warrant in writing to be issued authorizing the apprehension and recommitment to custody of the inmate.

Investigations

Marginal note:General

• 19 (1) Where an inmate dies or suffers serious bodily injury, the Service shall, whether or not there is an investigation under section 20, forthwith investigate the matter and report thereon to the Commissioner or to a person designated by the Commissioner.

• Marginal note:Exceptions

  (1.1) Subsection (1) does not apply to

  • (a) a death that results from an inmate receiving medical assistance in dying, as defined in section 241.1 of the Criminal Code, in accordance with section 241.2 of that Act; or

  • (b) if a registered health care professional advises the Service in writing that the registered health care professional has reasonable grounds to believe that an inmate’s death is from a natural cause.

• Marginal note:Copy to Correctional Investigator

  (2) The Service shall give the Correctional Investigator, as defined in Part III, a copy of its report referred to in subsection (1).

Marginal note:Quality of care review

• 19.1 (1) If a registered health care professional advises the Service in writing that the registered health care professional has reasonable grounds to believe that the death of an inmate is from a natural cause, the Service shall, whether or not there is an investigation under section 20, without delay, cause a review to be conducted by a registered health care professional employed or engaged by the Service for the purpose of determining the quality of care provided to the inmate in the penitentiary. The registered health care professional shall report on the review to the Commissioner or to a person designated by the Commissioner.

• Marginal note:Copy to Correctional Investigator

  (2) The Service shall give the Correctional Investigator, as defined in Part III, a copy of its report referred to in subsection (1).

Marginal note:Special investigations

20 The Commissioner may appoint a person or persons to investigate and report on any matter relating to the operations of the Service.

Marginal note:Application of Inquiries Act

21 Sections 7 to 13 of the Inquiries Act apply in respect of investigations carried on under section 20

• (a) as if the references to “commissioners” in those sections were references to the person or persons appointed under section 20; and

• (b) with such other modifications as the circumstances require.

Compensation for Death or Disability

Marginal note:Minister may pay compensation

22 The Minister or a person authorized by the Minister may, subject to and in accordance with the regulations, pay compensation in respect of the death or disability of

• (a) an inmate, or

• (b) a person on day parole

that is attributable to the participation of that inmate or person in an approved program.

Information

Marginal note:Service to obtain certain information about offender

• 23 (1) When a person is sentenced, committed or transferred to penitentiary, the Service shall take all reasonable steps to obtain, as soon as is practicable,

  • (a) relevant information about the offence;

  • (b) relevant information about the person’s personal history, including the person’s social, economic, criminal and young-offender history;

  • (c) any reasons and recommendations relating to the sentencing or committal that are given or made by

    • (i) the court that convicts, sentences or commits the person, and

    • (ii) any court that hears an appeal from the conviction, sentence or committal;

  • (d) any reports relevant to the conviction, sentence or committal that are submitted to a court mentioned in subparagraph (c)(i) or (ii); and

  • (e) any other information relevant to administering the sentence or committal, including existing information from the victim, the victim impact statement and the transcript of any comments made by the sentencing judge regarding parole eligibility.

• Marginal note:Access by offender

  (2) Where access to the information obtained by the Service pursuant to subsection (1) is requested by the offender in writing, the offender shall be provided with access in the prescribed manner to such information as would be disclosed under the Privacy Act and the Access to Information Act.

• Marginal note:Disclosure to Service

  (3) No provision in the Privacy Act or the Access to Information Act shall operate so as to limit or prevent the Service from obtaining any information referred to in paragraphs (1)(a) to (e).

Marginal note:Accuracy, etc., of information

• 24 (1) The Service shall take all reasonable steps to ensure that any information about an offender that it uses is as accurate, up to date and complete as possible.

• Marginal note:Correction of information

  (2) Where an offender who has been given access to information by the Service pursuant to subsection 23(2) believes that there is an error or omission therein,

  • (a) the offender may request the Service to correct that information; and

  • (b) where the request is refused, the Service shall attach to the information a notation indicating that the offender has requested a correction and setting out the correction requested.

Marginal note:Service to give information to parole boards, etc.

• 25 (1) The Service shall give, at the appropriate times, to the Parole Board of Canada, provincial governments, provincial parole boards, police, and any body authorized by the Service to supervise offenders, all information under its control that is relevant to release decision-making or to the supervision or surveillance of offenders.

• Marginal note:Police to be notified of releases

  (2) Before the release of an inmate on an unescorted temporary absence, parole or statutory release, the Service shall notify all police forces that have jurisdiction at the destination of the inmate if that destination is known.

• Marginal note:Service to give information to police in some cases

  (3) Where the Service has reasonable grounds to believe that an inmate who is about to be released by reason of the expiration of the sentence will, on release, pose a threat to any person, the Service shall, prior to the release and on a timely basis, take all reasonable steps to give the police all information under its control that is relevant to that perceived threat.

Marginal note:Disclosure of information to victims

• 26 (1) At the request of a victim of an offence committed by an offender, the Commissioner

  • (a) shall disclose to the victim the following information about the offender:

    • (i) the offender’s name,

    • (ii) the offence of which the offender was convicted and the court that convicted the offender,

    • (iii) the date of commencement and length of the sentence that the offender is serving, and

    • (iv) eligibility dates and review dates applicable to the offender under this Act in respect of temporary absences or parole;

  • (b) may disclose to the victim any of the following information about the offender, where in the Commissioner’s opinion the interest of the victim in such disclosure clearly outweighs any invasion of the offender’s privacy that could result from the disclosure:

    • (i) the offender’s age,

    • (ii) the name and location of the penitentiary in which the sentence is being served,

    • (ii.1) if the offender is transferred, a summary of the reasons for the transfer and the name and location of the penitentiary in which the sentence is being served,

    • (ii.2) if the offender is to be transferred to a minimum security institution as designated by Commissioner’s Directive and it is possible to notify the victim before the transfer, a summary of the reasons for the transfer and the name and location of the institution in which the sentence is to be served,

    • (ii.3) the programs that were designed to address the needs of the offender and contribute to their successful reintegration into the community in which the offender is participating or has participated,

    • (ii.4) the serious disciplinary offences that the offender has committed,

    • (iii) information pertaining to the offender’s correctional plan, including information regarding the offender’s progress towards meeting the objectives of the plan,

    • (iv) the date of any hearing for the purposes of a review under section 130,

    • (v) that the offender has been removed from Canada under the Immigration and Refugee Protection Act before the expiration of the sentence, and

    • (vi) [Repealed, 2015, c. 13, s. 46]

    • (vii) whether the offender is in custody and, if not, the reason why the offender is not in custody;

  • (c) shall disclose to the victim any of the following information about the offender, if, in the Commissioner’s opinion, the disclosure would not have a negative impact on the safety of the public:

    • (i) the date, if any, on which the offender is to be released on temporary absence, work release, parole or statutory release,

    • (ii) the conditions attached to the offender’s temporary absence, work release, parole or statutory release,

    • (iii) the destination of the offender on any temporary absence, work release, parole or statutory release, whether the offender will be in the vicinity of the victim while travelling to that destination and the reasons for any temporary absence; and

  • (d) shall provide the victim with access to a photograph of the offender taken on the occurrence of the earliest of any of the following — and any subsequent photograph of the offender taken by the Service — if, in the Commissioner’s opinion, to do so would not have a negative impact on the safety of the public:

    • (i) the release of the offender on unescorted temporary absence,

    • (ii) the offender’s work release,

    • (iii) the offender’s release on parole, and

    • (iv) the offender’s release by virtue of statutory release or the expiration of the sentence.

• Marginal note:Timing of disclosure

  (1.1) The Commissioner shall disclose the information referred to in paragraph (1)(c) before the day on which the offender is released and, unless it is not practicable to do so, the Commissioner shall disclose it at least 14 days before that day.

• Marginal note:Continuing duty to disclose

  (1.2) The Commissioner shall disclose to the victim any changes to the information referred to in paragraphs (1)(a) to (c).

• Marginal note:Idem

  (2) Where a person has been transferred from a penitentiary to a provincial correctional facility, the Commissioner may, at the request of a victim of an offence committed by that person, disclose to the victim the name of the province in which the provincial correctional facility is located, if in the Commissioner’s opinion the interest of the victim in such disclosure clearly outweighs any invasion of the person’s privacy that could result from the disclosure.

• Marginal note:Disclosure of information to other persons

  (3) Subsection (1) also applies, with such modifications as the circumstances require, to a person who satisfies the Commissioner

  • (a) that the person suffered physical or emotional harm, property damage or economic loss, as the result of an act of an offender, whether or not the offender was prosecuted or convicted for that act; and

  • (b) that a complaint was made to the police or the Crown attorney, or an information was laid under the Criminal Code, in respect of that act.

• Marginal note:Idem

  (4) Subsection (2) also applies, with such modifications as the circumstances require, to a person who satisfies the Commissioner

  • (a) that the person suffered physical or emotional harm, property damage or economic loss, as the result of an act of a person referred to in subsection (2), whether or not the person referred to in subsection (2) was prosecuted or convicted for that act; and

  • (b) that a complaint was made to the police or the Crown attorney, or an information was laid under the Criminal Code, in respect of that act.

• Marginal note:Representative

  (5) A victim may designate a representative to whom the information referred to in subsections (1) and (2) is to be disclosed on the victim’s behalf, or to whom access to a photograph referred to in paragraph (1)(d) is to be provided. In that case, the victim shall provide the Commissioner with the representative’s contact information.

• Marginal note:Withdrawal of request

  (6) A victim who has made a request referred to in subsection (1) or (2) may inform the Commissioner in writing that they no longer want the information to be disclosed to them or access to the photograph. In that case, the Commissioner shall not contact them, or their representative, if any, unless the victim subsequently makes the request again.

• Marginal note:Deemed withdrawal of request

  (7) The Commissioner may consider a victim to have withdrawn a request referred to in subsection (1) or (2) if the Commissioner has made reasonable efforts to contact the victim and has failed to do so.

• Marginal note:Other persons

  (8) Subsections (5) to (7) also apply, with any necessary modifications, to a person who has satisfied the Commissioner of the matters referred to in paragraphs (3)(a) and (b) or (4)(a) and (b).