90. (1) Every inmate shall have a reasonable opportunity to meet with a visitor without a physical barrier to personal contact unless

the institutional head or a staff member designated by the institutional head believes on reasonable grounds that the barrier is necessary for the security of the penitentiary or the safety of any person; and

no less restrictive measure is available.

    (2) The institutional head or a staff member designated by the institutional head may, for the purpose of protecting the security of the penitentiary or the safety of any person, authorize the visual supervision of a visiting area by a staff member or a mechanical device, and the supervision shall be carried out in the least obtrusive manner necessary in the circumstances.

    (3) The Service shall ensure that every inmate can meet with the inmate's legal counsel in private interview facilities.

R v. Faid - (1978), 44 C.C.C. (2d) 62 (Alta.S.C.T.D.)

- Where the only facilities for consulting counsel consisted of a room with glass and metal barrier between the accused and counsel with communication by telephone, the court held that such facilities were inadequate. The court therefore granted an order in the nature of habeas corpus directed to the officer in charge of the provincial correctional institution which stipulated that the applicant, who was an inmate charged with first degree murder, be provided with facilities sufficient to allow him to receive visits from his counsel with a view to the preparation of his defence. Furthermore, such facilities should be provided within sight but not within hearing of any person. In order to facilitate effective communication including the free passage of written material between counsel and the inmate, there shall be interposed no glass or metal barrier between the inmate and his counsel.

Davison v. Canada (Commissioner of Corrections) - (1997), 144 F.T.R. 184, [1997] F.C.J. No.1693 (F.C.T.D.), 1997 CanLII 5888 (F.C.)

- Asking inmates whether a particular person is their legal representative is a procedure that is useful and considerate of the inmates. In the context of a prison, this is an important question, because by section 90 of the Regulations, an inmate has special privileges with respect to the circumstances of visits with counsel.

91. (1) Subject to section 93, the institutional head or a staff member designated by the institutional head may authorize the refusal or suspension of a visit to an inmate where the institutional head or staff member believes on reasonable grounds

that, during the course of the visit, the inmate or visitor would

jeopardize the security of the penitentiary or the safety of any person, or

plan or commit a criminal offence; and

that restrictions on the manner in which the visit takes place would not be adequate to control the risk.

    (2) Where a refusal or suspension is authorized under subsection (1).

the refusal or suspension may continue for as long as the risk referred to in that subsection continues; and

the institutional head or staff member shall promptly inform the inmate and the visitor of the reasons for the refusal or suspension and shall give the inmate and the visitor an opportunity to make representations with respect thereto.

92. (1) Subject to section 93. the institutional head or a staff member designated by the institutional head may authorize a complete suspension of the visiting rights of all inmates in a penitentiary where the security of the penitentiary is significantly jeopardized and no less restrictive measure is available.

    (2) Every complete suspension of visiting rights under subsection (1), shall be reviewed by

the head of the region on or before the fifth day of the suspension; and

by the Commissioner on or before the fourteenth day of the suspension.

Corresponding Act: Sections 68-75 General - Living Conditions