27. (1) Subject to subsections 30(2) and (3), a hearing of a minor disciplinary offence shall be conducted by the institutional head or a staff member designated by the institutional head.

    (2) A hearing of a serious disciplinary offence shall be conducted by an independent chairperson, except in extraordinary circumstances where the independent chairperson or another independent chairperson is not available within a reasonable period of time, in which case the institutional head may conduct the hearing.

28. A hearing of a disciplinary offence shall take place as soon as practicable but in any event not less than three working days after the inmate receives written notice of the disciplinary charge, unless the inmate consents to a shorter period.

29. Where an inmate who is charged with a disciplinary offence is placed in administrative segregation as a result of the conduct that gave rise to the disciplinary charge, that inmate's hearing shall be given priority over any other hearings of disciplinary offences.

30. (1) Where the conduct of an inmate that involves a single action, simultaneous actions or a chain of uninterrupted actions gives rise to more than one disciplinary charge, all of the charges shall be heard together.

    (2) Where, pursuant to subsection (1), charges of minor and serious disciplinary offences are to be heard together, the hearing shall be conducted by an independent chairperson.

    (3) Where the independent chairperson determines that a charge of a serious offence should proceed as a charge of a minor offence, the independent chairperson shall amend the charge and shall conduct the hearing or refer the matter to the institutional head.

31. (1) The person who conducts a hearing of a disciplinary offence shall give the inmate who is charged a reasonable opportunity at the hearing to

question witnesses through the person conducting the hearing, introduce evidence, call witnesses on the inmate's behalf and examine exhibits and documents to be considered in the taking of the decision; and

make submissions during all phases of the hearing, including submissions respecting the appropriate sanction.

    (2) The Service shall ensure that an inmate who is charged with a serous disciplinary offence is given a reasonable opportunity to retain and instruct legal counsel for the hearing, and that the inmate's legal counsel is permitted to participate in the proceedings to the same extent as an inmate pursuant to subsection (1).

32. (1) The person who conducts a hearing of a disciplinary offence shall render a decision as soon as practicable after conducting the hearing.

    (2) The institutional head shall ensure that an inmate is given a copy of he decision of the hearing of the inmate's case as soon as practicable aft r the decision is rendered.

33. (1) The Service shall ensure that all hearings of disciplinary offences are recorded in such a manner as to make a full review of any hearing possible.

    (2) A record of a hearing shall be retained for a period of at least two years after the decision is rendered.

    (3) An inmate shall be given reasonable access to the record of the inmate's hearing.

Corresponding Act: Sections 38 - 44 Discipline