BACK PREVIOUS SECTION NEXT SECTION BACK PREVIOUS SECTION NEXT SECTION | 38. (1) The institutional head of each institution is responsible for the disciplinary control of inmates confined therein. | ||
| (2) Where an inmate commits a disciplinary offence listed in section 39, punishment for the offence may be imposed by | ||
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(a)
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the institutional head or an officer of the Service designated by him; or | |
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(b)
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a disciplinary court. | |
| (3) Revoked. [SOR/90-573] | ||
| (4) An inmate who is charged with a disciplinary offence shall be given | ||
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(a)
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written notification of the alleged offence, including the circumstances of the alleged offence; | |
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(b)
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notice of the date, time and place of the hearing; | |
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(c)
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subject to subsection (6), the opportunity to be present at the hearing; and | |
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(d)
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a reasonable opportunity to present a defence, to call witnesses and to
cross-examine, through the person presiding over the disciplinary court,
any witness who gives evidence against the inmate. [SOR/90-573] |
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| (4.1) An inmate who is found guilty of a disciplinary offence shall be given | ||
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(a)
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information respecting the nature of any consultation that took place in the inmate's absence during the deliberations on the imposition of a punishment; | |
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(b)
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the opportunity to make submissions before the imposition of a punishment; and | |
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(c)
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reasons for the decision. [SOR/90-573] |
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| (5) The person referred to in paragraph (2)(a) or the court referred to in paragraph 2(b) shall | ||
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(a)
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determine the innocence or guilt of an inmate based on the evidence presented at the hearing; and | |
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(b)
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order such punishment referred to in subsections (7), (8) and (9) as the person or court deems suitable. [SOR/90-95] | |
| (6) A hearing may be conducted in the absence of the inmate where | ||
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(a)
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the institutional head or officer referred to in paragraph (2)(a) or the court referred to in paragraph (2)(b) is satisfied that the presence of the inmate during the hearing would jeopardize the safety or security of the persons present at the hearing; [SO R/90-95] | |
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(b)
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the inmate waives in writing the inmate's right to attend the hearing, in which case the waiver has effect unless the inmate revokes it in writing or until the court either determines that the inmate is innocent or imposes a punishment; or [SOR/90-95] | |
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(c)
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the inmate disturbs the conduct of the hearing. | |
| (7) An inmate who is found guilty of a disciplinary offence that is determined by the directives to be a minor misconduct is liable to one or more of the following punishments: | ||
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(a)
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a warning or reprimand; | |
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(b)
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the loss of privileges; | |
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(c)
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reimbursement of Her Majesty, in the manner established by the directives, up to a maximum of $500, for the amount of damages caused willfully or negligently to | |
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(i)
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any property of Her Majesty, or | |
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(ii)
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the property of another person where Her Majesty has reimbursed such person for the amount of damages; and | |
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(d)
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a deduction from the inmate's net approved earnings of not more than $25.00 to be recovered in accordance with subsection (12). [SOR/90-658] | |
| (8) An inmate who is found guilty of a disciplinary offence that is determined by the directives to be an intermediary misconduct is liable to one or more of the following punishments: | ||
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(a)
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A warning or reprimand; | |
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(b)
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the loss of privileges; | |
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(c)
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a deduction from the inmate's net approved earnings of not more than $50 to be recovered in accordance with subsection (12); [SOR/90-658] | |
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(d)
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reimbursement of Her Majesty, in the manner established by the directives, up to a maximum of $500, for the amount of damages caused willfully or negligently to | |
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(i)
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any property of Her Majesty, or | |
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(ii)
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the property of another person where Her Majesty has reimbursed such person for the amount of damages; and | |
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(e)
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subject to subsection (10), dissociation from other inmates for a period not exceeding thirty consecutive days. | |
| (9) An inmate who is found guilty of a disciplinary offence that is determined by the directives to be a flagrant or serious misconduct is liable to one or more of the following punishments: | ||
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(a)
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A warning or reprimand; | |
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(b)
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the loss of privileges; | |
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(c)
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a deduction from the inmate's net approved earnings of not more than $50 to be recovered in accordance with subsection (12); [SOR/90-658] | |
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(d)
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reimbursement of Her Majesty, in the manner established by the directives, up to a maximum of $500, for the amount of damages caused willfully or negligently to | |
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(i)
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any property of Her Majesty, or | |
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(ii)
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the property of another person where Her Majesty has reimbursed such person for the amount of damages; and | |
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(e)
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subject to subsection (10), dissociation from other inmates for a period not exceeding thirty consecutive days; and | |
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(f)
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forfeiture of one or both of the following remissions, namely | |
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(i)
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statutory remission, and | |
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(ii)
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earned remission accrued after July 1, 1978. | |
| (10) Where the punishment referred to in paragraphs (8)(e) or (9)(e) is imposed for more than one intermediary misconduct or more than one flagrant or serious misconduct committed by the same inmate, the period of dissociation may exceed thirty days if the period in excess of thirty days is authorized by the Commissioner or an officer of the Service designated by him. | ||
| (11) In this section, "net approved earnings" means an inmate's income per pay period from pensions, designated institutional work placements, sales of hobby crafts and authorized employment in the community less the deductions made pursuant to the directives. | ||
| (12) The deduction from the inmate's net approved earnings referred to in paragraphs (7)(d), (8)(c) and (9)(c) shall be recovered, commencing with the first pay period immediately following the day on which the punishment is imposed, of amounts equal to 50 per cent of the inmate's net approved earnings or a lesser amount if the total amount of the balance of the deduction is less than 50 per cent of the inmate's net approved earnings. [SOR/90-658] | ||
| (13) The person referred to in paragraph (2)(a) or the court referred to in paragraph 2(b) may order that a punishment imposed pursuant to subsection (8) or (9) not be carried out but any such order is on condition that the inmate is not found guilty of another intermediary misconduct or another flagrant or serious misconduct during a specified period not exceeding ninety days from the date of the order. | ||
| (14) Where the condition referred to in subsection (13) is not complied with, the person referred to in paragraph (2)(a) or the court referred to in paragraph 2(b) shall order that the suspended punishment be carried out. | ||
| (15)
Subject to section 23 of the Act, where he considers it reasonable on humanitarian or rehabilitative grounds or for the good order of the institution, the institutional head may order that any punishment imposed pursuant to subsection (7), (8) or (9), other than the punishment referred to in paragraph (9)(f), be cancelled or not carried out. [SOR/85-640; SOR/90-573; SOR/90-658] |
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Note - Subsections (2)
to (4) were revoked and (2) to (15) added by SOR/85-640
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| Judicial Consideration - | ||
| See Editorial Note re independent chairpersons' decisions on the right to counsel and the independence or impartiality of such chairman annotated under s.38, infra. | ||
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