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A Work in Progress: the Corrections and Conditional Release Act

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A Work in Progress: the Corrections and Conditional Release Act file:///S|/Web%20documents/-=%20Web%20Site%20Individual%20Cmte%...ports/362_JUST_Rpt03/HTML%20Files/362_JUST_Rpt03/03-cov2-e.html A WORK IN PROGRESS: The Corrections and Conditional Release Act Sub-committee on Corrections and Conditional Release Act of the Standing Committee on Justice and Human Rights Paul DeVillers, M.P. Chair May 2000 file:///S|/Web%20documents/-=%20Web%20Site%20Individua..._JUST_Rpt03/HTML%20Files/362_JUST_Rpt03/03-cov2-e.html29/11/2006 5:31:25 PM The Speaker of the House hereby grants permission to reproduce this document, in whole or in part for use in schools and for other purposes such as private study, research, criticism, review or newspaper summary. Any commercial or other use or reproduction of this publication requires the express prior written authorization of the Speaker of the House of Commons. If this document contains excerpts or the full text of briefs presented to the Committee, permission to reproduce these briefs, in whole or in part, must be obtained from their authors. Also available on the Parliamentary Internet Parlementaire: http://www.parl.gc.ca Available from Communication Canada — Publishing, Ottawa, Canada K1A 0S9 file:///S|/Web documents/-= Web Site Individual Cmte Lvl =-/SCRA/36-2/Cmte Reports/362_JUST_Rpt03/HTML Files/362_JUST_Rpt03/03-cov2-e.html A WORK IN PROGRESS: The Corrections and Conditional Release Act Sub-committee on Corrections and Conditional Release Act of the Standing Committee on Justice and Human Rights Paul DeVillers, M.P. Chair May 2000 file:///S|/Web documents/-= Web Site Individual Cmte Lvl =...ts/362_JUST_Rpt03/HTML Files/362_JUST_Rpt03/03-cov2-e.html29/11/2006 5:15:42 PM file:///S|/Web documents/-= Web Site Individual Cmte Lvl =-/SCRA/36...mte Reports/362_JUST_Rpt03/HTML Files/362_JUST_Rpt03/05-mem1-e.html Standing Committee on Justice and Human Rights CHAIR Hon. Andy Scott VICE-CHAIRS Chuck Cadman Ivan Grose MEMBERS Jim Abbott John Maloney Reg Alcock Peter Mancini Michel Bellehumeur John McKay Carolyn Bennett John Reynolds Aileen Carroll Jacques Saada Paul DeVillers Pierrette Venne Peter MacKay ASSOCIATE MEMBERS Bernard Bigras Mark Muise Irwin Cotler Lynn Myers Madeleine Dalphond- Jack Ramsay Guiral Pierre de Savoye Svend Robinson Jim Gouk Judy Sgro file:///S|/Web documents/-= Web Site Individual Cmte ...2_JUST_Rpt03/HTML Files/362_JUST_Rpt03/05-mem1-e.html (1 of 2)29/11/2006 5:17:31 PM file:///S|/Web documents/-= Web Site Individual Cmte Lvl =-/SCRA/36...mte Reports/362_JUST_Rpt03/HTML Files/362_JUST_Rpt03/05-mem1-e.html Dennis Gruending Caroline St-Hilaire Michel Guimond Diane St-Jacques Louise Hardy Darrel Stinson Richard Harris Myron Thompson Jay Hill Suzanne Tremblay Richard Marceau Daniel Turp Keith Martin Tom Wappel Réal Ménard Randy White Lee Morrison CLERK OF THE COMMITTEE Roger Préfontaine RESEARCH STAFF OF THE COMMITTEE Philip Rosen Senior Analyst Marilyn Pilon Research Officer file:///S|/Web documents/-= Web Site Individual Cmte ...2_JUST_Rpt03/HTML Files/362_JUST_Rpt03/05-mem1-e.html (2 of 2)29/11/2006 5:17:31 PM file:///S|/Web%20documents/-=%20Web%20Site%20Individual%20Cmte%..._JUST_Rpt03/HTML%20Files/362_JUST_Rpt03/Archive/052-mem3-e.html Sub-committee on Corrections and Conditional Release Act of the Standing Committee on Justice and Human Rights CHAIR Paul DeVillers MEMBERS Jim Gouk Lynn Myers Ivan Grose Jacques Saada Rick Laliberte Pierrette Venne Peter MacKay Tom Wappel CLERK OF THE SUB-COMMITTEE Roger Préfontaine RESEARCH STAFF OF THE SUB-COMMITTEE Philip Rosen Senior Analyst Lyne Casavant Research Officer file:///S|/Web%20documents/-=%20Web%20Site%20Individua...03/HTML%20Files/362_JUST_Rpt03/Archive/052-mem3-e.html29/11/2006 5:38:47 PM file:///S|/Web documents/-= Web Site Individual Cmte Lvl =-/SCRA/36-2/Cmte Reports/362_JUST_Rpt03/HTML Files/362_JUST_Rpt03/06-hon-e.html The Standing Committee on Justice and Human Rights has the honour to present its THIRD REPORT Pursuant to its Order of Reference dated December 2, 1999 and the provisions contained in article 233 of the Corrections and Conditional Release Act a sub-committee of the Standing Committee on Justice and Human Rights was established to conduct a comprehensive review of the provisions and operations of the Corrections and Conditional Release Act. In accordance with its mandate the Sub-committee held public hearings in Ottawa and in many other parts of the country. As well, the Sub-committee visited correctional facilities of all levels of security across Canada and attended parole hearings. While visiting correctional facilities, the Sub-committee held in camera meetings with management teams, correctional officers, parole officers, program staff, Parole Board members, inmates, citizen advisory committee members, and others. The Sub-committee agreed to present the following report to the Committee, entitled: A Work in Progress: the Corrections and Conditional Release Act. Your Committee has adopted this report which reads as follows: file:///S|/Web documents/-= Web Site Individual Cmte Lvl =...rts/362_JUST_Rpt03/HTML Files/362_JUST_Rpt03/06-hon-e.html29/11/2006 5:20:47 PM D:\house\ENGbook\07-toc-e.html TABLE OF CONTENTS PREFACE MEMBERS CHAPTER 1: INTRODUCTION RECENT HISTORY REVIEW PROCESS file:///S|/Web documents/-= Web Site Individual Cmte L...362_JUST_Rpt03/HTML Files/362_JUST_Rpt03/07-toc-e.html (1 of 5)29/11/2006 5:21:12 PM D:\house\ENGbook\07-toc-e.html FUNCTIONS PERFORMED BY AGENCIES UNDER THE ACT GENERAL THEMES CHAPTER 2: PUBLIC PROTECTION AS THE PARAMOUNT CONSIDERATION PURPOSE PRINCIPLES ADDING TO THE SCHEDULES APPREHENSION IN CASES OF BREACH OF CONDITIONAL RELEASE INVESTIGATIONS TEMPORARY ABSENCES - CITIZEN ESCORTS CHAPTER 3: PUBLIC PROTECTION AND OFFENDER REHABILITATION A CLEAR MANDATE FOR THE CORRECTIONAL SERVICE INFORMATION ON OFFENDERS PROGRAMS ADAPTED TO OFFENDERS' NEEDS COMMUNITY REHABILITATION PROGRAMS SPECIAL GROUPS WITH SPECIAL NEEDS CHAPTER 4: PUBLIC PROTECTION AND GRADUAL OFFENDER REINTEGRATION INTO THE COMMUNITY AN IMPORTANT DISTINCTION BETWEEN STATUTORY RELEASE AND OTHER TYPES OF CONDITIONAL RELEASE ACCELERATED PAROLE REVIEW PROCEDURE file:///S|/Web documents/-= Web Site Individual Cmte L...362_JUST_Rpt03/HTML Files/362_JUST_Rpt03/07-toc-e.html (2 of 5)29/11/2006 5:21:12 PM D:\house\ENGbook\07-toc-e.html CLEARER DEMARCATION OF DECISION-MAKING AUTHORITY ON GRADUAL CONDITIONAL RELEASE NEED TO EXTEND SCOPE OF SOME FORMS OF CONDITIONAL RELEASE Temporary Absence Parole on Compassionate Grounds Parole for Purposes of Deportation Under the Immigration Act CHAPTER 5: FAIR AND EQUITABLE DECISION MAKING ADMINISTRATIVE SEGREGATION Some Data Recent History Independent Adjudication The Sub-committee's Position SPECIAL HANDLING UNIT INMATE DISCIPLINE - INDEPENDENT CHAIRPERSONS PAROLE BOARD REVIEW OF SUSPENDED PAROLE OR STATUTORY RELEASE BOARD DISCLOSURE OF INFORMATION TO OFFENDERS NATIONAL PAROLE BOARD - APPEAL DIVISION CHAPTER 6: OFFICE OF THE CORRECTIONAL INVESTIGATOR OFFICE OF THE CORRECTIONAL INVESTIGATOR: ROLE, RESPONSIBILITIES AND POWERS file:///S|/Web documents/-= Web Site Individual Cmte L...362_JUST_Rpt03/HTML Files/362_JUST_Rpt03/07-toc-e.html (3 of 5)29/11/2006 5:21:12 PM D:\house\ENGbook\07-toc-e.html Powers of Investigation: Access to Correctional Service Information and Facilities Complaint Settlement Procedure EFFECTIVENESS OF THE OFFICE OF THE CORRECTIONAL INVESTIGATOR IN CARRYING OUT ITS MANDATE CHAPTER 7: ADVISORY COMMITTEES TO THE CORRECTIONAL SYSTEM CITIZENS' ADVISORY COMMITTEES ABORIGINAL ADVISORY COMMITTEES A NATIONAL WOMEN'S ADVISORY COMMITTEE CHAPTER 8: VICTIMS' RIGHTS RECEIVING OFFENDER INFORMATION PROVIDING VICTIM INFORMATION UNWANTED COMMUNICATIONS FROM OFFENDERS VICTIMS' INFORMATION AND COMPLAINTS OFFICE CHAPTER 9: CORRECTIONS AND CONDITIONAL RELEASE SYSTEM-WIDE AND LONG-TERM ISSUES TRAINING ISSUES HEALTH CARE DRUGS IN PRISON MAXIMUM-SECURITY/SPECIAL-NEEDS WOMEN DNA DATABANK LEGISLATION file:///S|/Web documents/-= Web Site Individual Cmte L...362_JUST_Rpt03/HTML Files/362_JUST_Rpt03/07-toc-e.html (4 of 5)29/11/2006 5:21:12 PM D:\house\ENGbook\07-toc-e.html PLAIN LANGUAGE LEGISLATION PUBLIC EDUCATION A FURTHER FIVE-YEAR REVIEW RECOMMENDATIONS APPENDIX A - TERMS OF REFERENCE APPENDIX B - LIST OF WITNESSES APPENDIX C - LIST OF SUBMISSIONS (THIRTY-SIXTH PARLIAMENT, SECOND SESSION) APPENDIX D - INSTITUTIONS VISITED BY THE MEMBERS REQUEST FOR GOVERNMENT RESPONSE DISSENTING OPINION: Canadian Alliance DISSENTING OPINION: Progressive Conservative Party MINUTES OF PROCEEDINGS file:///S|/Web documents/-= Web Site Individual Cmte L...362_JUST_Rpt03/HTML Files/362_JUST_Rpt03/07-toc-e.html (5 of 5)29/11/2006 5:21:12 PM file:///S|/Web documents/-= Web Site Individual Cmte Lvl =-/SCRA/36-2/Cmte Reports/362_JUST_Rpt03/HTML Files/362_JUST_Rpt03/08-ch1-e.html CHAPTER 1: INTRODUCTION 1.1 The criminal justice system, with all its complexity and contradictions, is seen by many as the primary means of assuring Canadians have a comfortable level of security in their homes, places of business and workplaces, and on the streets. Public safety concerns are met, in part, through the incarceration, rehabilitation and effective reintegration of offenders into the community as law-abiding citizens. This can only occur within the criminal justice system once there has been a finding of criminal responsibility, and a sentence has been imposed by the court. 1.2 This report deals with issues arising from the application of legislation put in place by Parliament to address the administration of sentences of imprisonment in excess of two years in length. It is an appropriate
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