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RIGHTS OF YOUNG
PERSOND IN CUSTODY

54. (1) Rights of Young Persons in Custody - In this section and in section 55,
  "young person in custody" means a young person who is detained in a place of temporary detention or committed to secure or open custody under the Young Offenders Act (Canada). R.S.O. 1990, c. M.22, s. 54 (1).
     (2) No Corporal Punishment - A young person in custody shall not be subjected to corporal punishment. R.S.O. 1990, c. M.22, s. 54 (2).
     (3) Rights of Communication, Etc. - A young person in custody has a right,
 
 (a)
 to speak in reasonable privacy with and receive visits from members of the young person's family regularly;
 
 (b)
 to speak in reasonable privacy with and receive visits from,
   
 (i)
 the young person's solicitor,
   
 (ii)
 the Ombudsman appointed under the Ombudsman Act and members of the Ombudsman's staff, and
   
 (iii)
 a member of the Legislative Assembly of Ontario or of the Parliament of Canada; and
 
 (c)
 to send and receive mail that is not read, examined or censored by another person, subject to subsection (4). R.S.O. 1990, c. M.22, s. 54 (3).
     (4) Opening, Etc., of Young Person's Mail - Mail to and from a young person in custody,
 
 (a)
 may be opened by the director or superintendent or that person's designate in the young person's presence and may be inspected for articles prohibited by the director or superintendent;
 
 (b)
 where the director or superintendent or that person's designate believes on reasonable grounds that the contents of the mail may be prejudicial to the best interests of the recipient, the public safety or the security of the place of detention or custody, may be examined or read by the director or superintendent or designate and may be withheld from the recipient in whole or in part;
 
 (c)
 shall not be examined or read under clause (b) if it is to or from the young person's solicitor, unless there are reasonable and probable grounds to believe that it contains material that is not privileged as a solicitor-client communication; and
 
 (d)
 shall not be opened and inspected under clause (a) or examined or read under clause (b) if it is from a person described in subclause (3) (b) (ii) or (iii). R.S.O. 1990, c. M.22, s. 54 (4).
     (5) Personal Liberties - A young person in custody has a right,
 
 (a)
 to have reasonable privacy, and to have possession of the young person's own personal property, except articles prohibited by the director or superintendent; and
 
 (b)
 to receive the religious instruction and participate in the religious activities of the young person's choice, subject to subsection (8). R.S.O. 1990, c. M.22, s. 54 (5).
     (6) Plan of Care - A young person in custody has a right to a plan of care designed to meet the young person's particular needs, which shall be prepared within a reasonable time of admission to the place of detention or custody. R.S.O. 1990, c. M.22, s. 54 (6).
     (7) Rights to Care - A young person in custody has a right,
 
 (a)
 to participate in the development of the young person's individual plan of care and in any changes made to it;
 
 (b)
 to receive meals that are well-balanced, of good quality and appropriate for the young person;
 
 (c)
 to be provided with clothing that is of good quality and appropriate for the young person, given the young person's size and activities and prevailing weather conditions;
 
 (d)
 to receive necessary medical and dental care, subject to subsection (8), at regular intervals and whenever required, in a community setting whenever possible;
 
 (e)
 to participate in appropriate educational, training or work programs, in a community setting whenever possible; and
 
 (f)
 to participate in recreational and athletic activities that are appropriate for the young person's aptitudes and interests, in a community setting whenever possible. R.S.O. 1990, c. M.22, s. 54 (7).
     (8) Parental Consent, Etc. - The parent of a young person in custody retains any right that the parent may have,
 
 (a)
 to direct the young person's education and religious upbringing; and
 
 (b)
 to give or refuse consent to medical treatment for the young person. R.S.O. 1990, c. M.22, s. 54 (8).
     (9) Right to be Heard - A young person in custody has a right to be consulted and to express views whenever significant decisions concerning the young person are made, including decisions with respect to medical treatment, training or work programs, education and religion and decisions with respect to the young person's transfer to another place of detention or custody. R.S.O. 1990, c. M.22, s. 54 (9).
     (10) Right to be Informed - A young person in custody has a right to be informed of,
 
 (a)
 the young person's rights under this section;
 
 (b)
 the internal complaints procedure established under subsection 55 (1) and the further review available under section 56;
 
 (c)
 the review procedures available under section 52;
 
 (d)
 the young person's responsibilities while in the place of detention or custody; and
 
 (e)
 the rules governing day-to-day operation of the place of detention or custody, including disciplinary procedures,
upon admission to the place. R.S.O. 1990, c. M.22, s. 54 (10).
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