94. (1) Temporary accommodation in penitentiary - At the request of a person who has been released from penitentiary on parole or statutory release, or who is entitled to be released from penitentiary on statutory release, the institutional head may allow the person to stay temporarily in the penitentiary in order to assist that person's rehabilitation, but such a temporary stay may not extend beyond the expiration of the person's sentence.

      (2) Person deemed an inmate - A person staying temporarily in a penitentiary pursuant to subsection (1) shall be deemed to be an inmate while in the penitentiary.

      (3) Continuation of parole or statutory release - Notwithstanding subsection (2), the parole or statutory release, as the case may be, of a person staying temporarily in a penitentiary pursuant to subsection (1) is deemed to be in force and subject to the provisions of this Act.

[1992, c. 20, s. 94; 1995, c. 42, s. 24.]

McWhinney v. Canada (Commissioner of Corrections) - (1996), 1 C.R. (5th) 116, 117 F.T.R. 81, [1996] F.C.J. No.1051 (F.C.T.D.)

- The court did not accept the submissions of an inmate applicant who attempted to argue that in light of the definition of the word "inmate" adopted by Parliament, it was not impossible that a person may be physically within a penitentiary during the course of being under a sentence of punishment imposed by a court, yet not be an "inmate" as defined under the CCRA. This was, as the applicant submitted, implicitly acknowledged by Parliament itself when it enacted section 94 of the CCRA - if every person physically inside a penitentiary while he or she is under a sentence of punishment were "automatically" an inmate under the CCRA, there would be no need for Parliament to enact a "deeming" provision such as subsection 94(2).