Bills 44th Parliament, 1st session November 22, 2021, to present

[...] First Session, Forty-fourth Parliament, 70 Elizabeth II, 2021 SENATE OF CANADA BILL S-230 An Act to amend the Corrections and Conditional Release Act FIRST READING, December 2, 2021 THE HONOURABLE SENATOR Pate 4412116 SUMMARY This enactment amends the Corrections and Conditional Release Act to, among other things, (a) require that, if a person who is sentenced, transferred or committed to a penitentiary has disabling mental health issues, they will be transferred to a hospital; (b) ensure that a person may only be confined in a structured intervention unit for longer than 48 hours on an order of a superior court; (c) allow for the provision of correctional services and plans for release and reintegration into the community to persons from disadvantaged or minority populations by community groups and other similar support services; and (d) allow for persons who are sentenced to a period of incarceration or parole ineligibility to apply to the court that imposed that sentence

[...] Available on the Senate of Canada website at the following address: www.sencanada.ca/en 1st Session, 44th Parliament, 70 Elizabeth II, 2021 SENATE OF CANADA BILL S-230 An Act to amend the Corrections and Conditional Release Act Preamble Whereas meaningful and effective remedies and oversight are crucial to ensuring respect for the rule of law and human rights; Whereas, in contrast to other branches of Canada’s criminal legal system, decisions made by the Correctional Service of Canada that impact human rights are not routinely subject to judicial oversight; Whereas the Structured Intervention Unit Implementation Advisory Panel and the Office of the Correctional Investigator have documented persistent conditions of segregation in federal penitentiaries; Whereas conditions of isolation and segregation have the potential to create and exacerbate risks to the well-being of persons, including in contravention of prohibitions on cruel and unusual treatment

[...] ; And whereas segregation, structured intervention units and other forms of isolation are among the most costly and least effective ways of responding to individuals in need of social, cultural and health supports; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Alternative TitleAlternative title 1 This Act may be cited as the Providing Alternatives to Isolation and Ensuring Oversight and Remedies in the Correctional System Act (Tona’s Law). 1992, c. 20Corrections and Conditional Release Act2 Subsection 2(1) of the Corrections and Conditional Release Act is amended by adding the following in alphabetical order: Start of inserted block structured intervention unit means (a) any area of a penitentiary where a person is separated from the mainstream population and is required to spend less time outside their cell or engaging in activities than is a person in the mainstream population; or (b) a penitentiary

[...] End of inserted block 7 The heading before section 79 of the Act is replaced by the following: Indigenous Insertion start and Marginalized Populations Insertion end 8 Section 79 of the Act is amended by adding the following in alphabetical order: Start of inserted block disadvantaged or minority population includes any population that is or has been the subject of direct or indirect discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, or disability.

[...] End of inserted block 10 Section 84 of the Act is replaced by the following: Release into community 84 Insertion start (1) Insertion end If Insertion start a person committed to a penitentiary requests the support, on being released, of an entity referred to in subsection (2) Insertion end , the Service Insertion start must provide that entity with Insertion end an opportunity to propose a plan for the Insertion start person’s Insertion end release and integration into Insertion start the Insertion end community Insertion start in which the person is to be released Insertion end .Relevant entities Start of inserted block (2) The following are relevant entities for the purposes of subsection (1): (a) the community’s Indigenous governing body, if applicable; (b) an Indigenous organization that is active in the community; (c) a community group or organization that serves a disadvantaged or minority population; or (d) any other entity that provides community-based support