Reception of Inmates

RECEPTION OF INMATES

19. (1) Time when persons may be received - A person who has been sentenced or committed to penitentiary shall not be received in a penitentiary until after the expiration of the time limited by law for an appeal, and thereupon that person may be received in a penitentiary whether or not that person has entered an appeal.
(2) Election not to appeal - A person referred to in subsection (1) may, before the expiration of the time limited by law for an appeal, give written notice to the court that sentenced or committed that person that he elects not to appeal or abandons his appeal, as the case may be, and thereupon the time limited for appeal shall be deemed to have expired.
(3) Transfer for preparation or presentation of appeal - Where the Commissioner or a member of the Service designated by the Commissioner is satisfied that attendance of an inmate is required away from the penitentiary into which the inmate has been received, for the purpose of the preparation or presentation of an appeal from the inmate's conviction or sentence, the Commissioner or the member designated by the Commissioner may issue a written direction to the member in charge of the penitentiary into which the inmate has been received directing that member for that purpose, to transfer the inmate to a prison, common jailor other place, not being a penitentiary, in which persons who are charged with or convicted of offences are usually kept in custody. [RSC 1970 cP-36 s16; RSC 1985 c35 (2nd Supp) s18]

*Judicial Consideration* -

R v Kelly - (1983) 5 CCC (3d) 544 (BCCA)
	- The Court has a discretion to grant relief from a signed waiver of appeal, but should only exercise its discretion if there are special circumstances that would justify doing so. If it appears that the inmate understood the effect of the waiver and that his appeal has little merit relief should not be granted.

R v Walford - Unreported, June 6,1991, No.5038 (Sask CA)
	- A prisoner who is imprisoned within the province and who has a right of appeal to the provincial Court of Appeal under s603(1.1) of the Criminal Code and who is to be transferred to a prison outside the province prior to the hearing of her appeal and prior to her having had the opportunity to select and instruct counsel for that appeal, should apply under this section to be returned from the prison outside of the province prior to the hearing of her appeal. A court does not have jurisdiction under s615 of the Criminal Code or under the terms of the Charter or under the inherent jurisdiction of the court to make an order requiring the prisoner to remain in the province until the disposition of the appeal. Parliament has vested this authority in the Commissioner of Penitentiaries under s16(2).

See also R v Faulkner (1986) 40 Man R (2d) 133 (CA) annotated under s13 of the Penitentiary Act (supra), to the same effect.

20. Medical certificate - Subject to any relevant agreement that may be made under section 22, the member in charge of a penitentiary is not required to accept a person into custody under a warrant of committal unless there is, in relation to that person, a certificate of a duly qualified medical practitioner that certifies that the person is free from dangerous, contagious or infectious disease. [RSC 1970 cP-6 s17; RSC 1985 c35 (2nd Supp) s18]

21. (1) Custody before being received in penitentiary - A person who by reason of subsection 19(1) is not received into a penitentiary or who by reason of section 20 is not accepted into custody shall be confined in any prison, common jailor other place, not being a penitentiary, in which persons who are charged with or convicted of offences are usually kept in custody.
(2) Custody by keeper of a prison, common jailor other place - The keeper of any prison, common jailor other place referred to in subsection (1) or 19(3) to whom a person referred to in either of those subsections is delivered shall, on sufficient authority, receive, safely keep and detain that person under custody in the prison, common jail or other place until that person is returned to or transferred to a penitentiary or discharged from custody in accordance with law.
(3) Sufficient authority - The original of the warrant or other instrument by which a person referred to in subsection (1) or 19(3) is committed to or is to be imprisoned in a penitentiary, or a copy thereof duly certified by any judge or provincial court judge or by the clerk of the court in which that person was convicted, is sufficient authority for that person's detention in accordance with subsection (2). [RSC 1970 cP-6 s18; RSC 1985 c27 (1st Supp) s203]
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