"aboriginal" means Indian, Inuit or Metis;

"aboriginal community" means a first nation, tribal council, band, community, organization or other group with a predominantly aboriginal leadership;

"correctional services" means services or programs for offenders, including their care and custody.

80. Programs - Without limiting the generality of section 76, the Service shall provide programs designed particularly to address the needs of aboriginal offenders.

81. (1) Agreements - The Minister, or a person authorized by the Minister, may enter into an agreement with an aboriginal community for the provision of correctional services to aboriginal offenders and for payment by the Minister, or by a person authorized by the Minister, in respect of the provision of those services.

       (2) Scope of agreement - Notwithstanding subsection (1), an agreement entered into under that subsection may provide for the provision of correctional services to a non-aboriginal offender.

       (3) Placement of offender - In accordance with any agreement entered into under subsection (1), the Commissioner may transfer an offender to the care and custody of an aboriginal community, with the consent of the offender and of the aboriginal community.

[1992, c. 20, s. 81; 1995, c. 42, s. 21(F).]

82. (1) Advisory committees - The Service shall establish a National Aboriginal Advisory Committee, and may establish regional and local aboriginal advisory committees, which shall provide advice to the Service on the provision of correctional services to aboriginal offenders.

       (2) Committees to consult - For the purpose of carrying out their function under subsection (1), all committees shall consult regularly with aboriginal communities and other appropriate persons with knowledge of aboriginal matters.

83. (1) Spiritual leaders and elders - For greater certainty, aboriginal spirituality and aboriginal spiritual leaders and elders have the same status as other religions and other religious leaders.

       (2) Idem - The Service shall take all reasonable steps to make available to aboriginal inmates the services of an aboriginal spiritual leader or elder after consultation with

the National Aboriginal Advisory Committee mentioned in section 82; and

the appropriate regional and local aboriginal advisory committees, if such committees have been established pursuant to that section.

84. Parole plans - Where an inmate who is applying for parole has expressed an interest in being released to an aboriginal community, the Service shall, if the inmate consents, give the aboriginal community

adequate notice of the inmate's parole application; and

an opportunity to propose a plan for the inmate's release to, and integration into, the aboriginal community.

84.1 Plans with respect to long-term supervision - Where an offender who is required to be supervised by a long-term supervision order has expressed an interest in being supervised in an aboriginal community, the Service shall, if the offender consents, give the aboriginal community

adequate notice of the order; and

an opportunity to propose a plan for the offender's release on supervision, and integration, into the aboriginal community.

[1997, c. 17, s. 15.]

Corresponding Regulations: Section 114 Aboriginal Offenders

- The court granted declaratory relief to an Aboriginal inmate who sought to have a prayer bundle used by him in his religion with him in his cell. Some of the articles in the bundle could be used to injure the accused or others, but since the accused was kept in a single cell no undue difficulty would be encountered by the authorities in permitting him to have the prayer bundle. The prison direction that deprived the accused of his prayer bundle therefore offended his section 2 Charter guarantee to freedom of religion and could not be saved by section 1.

Mountain Institution (Native Transfer Committee) v. Canada (Solicitor General) - (1997), 125 F.T.R. 10, [1997] F.C.J. No.19 (F.C.T.D.)

- This was an action by a Native Transfer Committee at Mountain Institution seeking, on behalf of some 1,800 aboriginal inmates, the implementation of section 81 of the Corrections and Conditional Release Act. The court held that this action could not succeed either as a class action or, with an amendment to the style of cause, as an action by one or more named Plaintiffs in their own right. In the former instance all of the class neither have the same interest and grievance nor will all of the class obtain a benefit. Moreover, in both the former and the latter instances the claim was not good at law. The court was of the view that a permissive provision in legislation does not lead to a positive duty to authorize alternative corrective measures. This finding was directly applicable to this action for section 81 of the Act is clearly permissive in providing that the Minister may enter into an agreement with an aboriginal community to provide correctional services to aboriginal offenders. There is, therefore, no duty in the present instance. It was clear and beyond doubt that the Plaintiffs' claim would not succeed by reason of this lack of duty: in short, the court found that the cause of action was unreasonable and decided that the action ought to be struck.