PENITENTIARIES

PENITENTIARIES

3. (1) Place declared a penitentiary - The Commissioner may, by order, declare any prison as defined in the Prisons and Reformatories Act or any hospital to be a penitentiary in respect of any person or class of persons.
(2) Idem - The governor in Council may, by order, declare any place to be a penitentiary.
(3) Provincial approval required - No prison, hospital or place administered or supervised under the authority of an Act of the legislature of a province may be declared a penitentiary under subsection (1) or (2) until an officer designated by the lieutenant governor of the province in which the prison, hospital or place is located gives his approval.
(4) Extended meaning of penitentiary - For the purposes of any law of Canada relating to escapes and rescues of prisoners, a penitentiary shall be deemed to include any place at or in which an inmate, prior to the inmate's lawful discharge from custody, is required by this Act or the regulations, or by a member of the Service, to be or remain.
(5) Lands constituting penitentiary - In any proceedings before a court in Canada in which a question arises concerning the location or dimension of lands alleged to constitute a penitentiary, a certificate, purporting to be signed by the Commissioner, setting out the location or description of the lands as constituting a penitentiary, is admissible in evidence and in the absence of any evidence to the contrary is proof that the lands as located or described in the certificate constitute a penitentiary.
(6) Custody - Where an inmate is temporarily outside a penitentiary but under the direct charge, control or supervision of a member of the Service, the inmate is in custody for the purposes of this Act and any other Act of Parliament.
[RSC 1970 cP-6 s2; 1976-77 c53 s35; 1977-78 c22 s20; AS 1985 c35 (2nd Supp s16]

*Judicial Consideration* -

"Idem"

Ward v Director of Whitehorse Correctional Centre, National Parole Board et al- Unreported, December 17, 1985, No. SC 516/85 (YTSC)
	-Whereas the Yukon territorial prison or correctional centre has not been designated as a federal penitentiary under either s2(1.1) or s2(1.2) of the Penitentiary Act, nevertheless, a prisoner, sentenced to a federal term but serving that sentence in the territorial correctional centre under an agreement between the territorial government and the federal government is entitled to a post-suspension hearing in relation to his parole by virtue of s7 of the Charter.
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