| 36. (1) The Commissioner may, with the approval of the Treasury Board, authorize rates of pay for inmates, which rates shall be designed to encourage them to become better citizens upon release from custody and, in particular, to | ||
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(a)
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provide greater incentive to inmate workers; | |
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(b)
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encourage inmates to accumulate reasonable financial reserves for the day of their release; | |
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(c)
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motivate inmates to work constructively and apply themselves to learning trade skills; and | |
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(d)
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prepare inmates for employment in free society in accordance with the requirements of that society. | |
| (2) Pay at the rates authorized in accordance with subsection (1) shall be | ||
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(a)
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paid to inmates in such manner, | |
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(b)
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applied to such purposes, | |
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(c)
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subject to such forfeitures and deductions, and | |
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(d)
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accounted for in such manner, as may be prescribed by directives or by these Regulations. [SOR/90-658] | |
| (3)
An inmate suspended and excluded from any position under subsection 35(1.1) shall not be paid any pay during that period. [SOR/84-392; SOR/90-658] |
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| Judicial Consideration - | ||
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Magrath v The Queen - (1977), 38 CCC (2d) 67 (FCTD)
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| - This regulation gives the Commissioner a discretion to authorize rates of pay; and having elected to do so his decision is still merely an administrative one creating no legal right. If there is no right in "law" to any pay at all, then there is no right to challenge a deduction from such pay without consent in excess of the deductions permitted by Commissioner's Directive 232, which Directive does not have the force of law. | ||