Inmate Trust Fund

Editorial Note - Not only does this regulation prohibit payment out of trust funds without the prisoner's written consent but it also gives the Director a discretion to decide whether or not something the prisoner wishes to spend his money on is "calculated to assist in his reformation and rehabilitation". This aspect of this regulation has been used by penitentiary authorities to preclude a prisoner from purchasing a membership in the BC Civil Liberties Association and another from purchasing a membership in the Scottish National Party.

32. (1) All moneys that accompany an inmate to the institution and all moneys that are received on his behalf while he is in custody shall be deposited to his credit in a trust account to be known as the Inmate Trust Fund.
(1.1) The Inmate Trust Fund referred to in subsection (1) shall comprise a current account and a savings account in respect of each inmate. [SOR/81-322]
(1.2) All moneys earned by an inmate during the term of his sentence, except moneys earned while on parole other than day parole or while released under mandatory supervision, shall be subject to such deductions as may be prescribed by the directives. [SOR/81-322]
(2) No moneys in the Inmate Trust Fund standing to the credit of an inmate shall be paid out unless
(a)	the inmate authorizes the payment in writing; and
(b)	the institutional head or other authorized member certifies that the payment is intended to assist in the reformation and rehabilitation of the inmate. [SOR/88-547]
(2.1) No moneys standing to the credit of an inmate of a class prescribed by directive in that inmate's savings account in the Inmate Trust Fund shall be paid out of that account if the balance of such account is less than an amount prescribed by directive. [SOR/81-322; SO R-83-562]
(2.2) Notwithstanding subsection (2.1), moneys standing to the credit of an inmate of a class prescribed by directive in that inmate's savings account may, with the inmate's authorization in writing, be paid out of that account for a purpose prescribed by directive. [SOR/83-562]
(3) No moneys in the Inmate Trust Fund standing to the credit of an inmate shall, except where a family relationship exists, be transferred to the credit of another inmate.

*Judicial Consideration* -

Magrath v The Queen - (1977), 38 CCC (2d) 67 (FCTD)
	- "Monies standing to his (the inmate's) credit" includes interest. Therefore, if the interest on the money held in trust for the inmate is paid to the Inmate Welfare Fund without his written consent, he is entitled to its return, and a declaration that it was wrongfully paid out.

Allan v Commissioner of Corrections (Can) - Unreported, September 25, 1990, No. T-842-89 (FCTD) (Butterworths No. 34692)
	- The applicant, who participates regularly in a program of exercise involving institutionally supplied equipment, applied to the institution for new running shoes. The prisoner had a medical requirement for special orthopaedic footwear. He indicated he sent numerous requests to the institution asking to be supplied with these shoes and, alternatively, requested money from his current account to pay for the shoes himself. In denying the prisoner access to the money, the institution submitted that Atlantic Regional directives only allow one transfer of $100 each year from a prisoner's savings account to current account and only for such purposes as authorized by the warden. In light of the high cost of the shoes, the prisoner felt that the $100 was too Iowa limit. The Court held that limits on access to inmate funds may be reasonable and justifiable in certain circumstances. Each request must be evaluated on its merits. The regional directives are only guidelines and not limitations established by law. However, as it was not clear that a request was made to access the funds, no order of mandamus would follow.

Editorial Note - Not only does this regulation prohibit payment out of trust funds without the prisoner's written consent but it also gives the Director a discretion to decide whether or not something the prisoner wishes to spend his money on is "calculated to assist in his reformation and rehabilitation". This aspect of this regulation has been used by penitentiary authorities to preclude a prisoner from purchasing a membership in the BC Civil Liberties Association and another from purchasing a membership in the Scottish National Party.
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