Halsbury's Laws of Canada - Penitentiaries, Jails and Prisoners

Description

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$135* per volume (ISBN: 9780433454946) OR purchase individual volumes at $280 each.

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According to Statistics Canada, more than 150,000 individuals are under the supervision of Correctional Service Agencies in Canada, in nearly 200 penitentiaries or jails. With each province and territory having its own unique regulatory framework, in addition to the federal scheme, this is an area of law that's relevant to every Canadian criminal law practitioner.

Halsbury's Penitentiaries, Jails and Prisoners volume provides a clear and concise review of the law pertaining to federal penitentiaries, provincial and territorial prisons, and the rights and obligations of prisoners. This title examines all of the pertinent legislation, regulations and case law regarding such matters as the organization of the penitentiary system, health care, discipline, searches, sentences and remedies. Topics covered in this essential reference include:

Penitentiary and prison placement

• Commencement of sentence
• Transfer to penitentiary from provincial custody
• Penitentiary placement
• Inter-institutional penitentiary transfers
  • Voluntary transfers
  • Involuntary transfers
• Provincial transfers

Penitentiary discipline system

• Offences
• Disciplinary sanctions
• Judicial sanctions
• Provincial and territorial regulation

Searches

• Searches of inmates
• Searches of visitors
• Searches of vehicles
• Searches of staff
• Searches in community-based residential facilities
• Reports relating to searches

Parole

• Parole hearing
• Administrative structure
• Powers
• Accelerated parole
• Internal review

And much more.

Features

• Enhanced contents
  • A general table of contents to the level of chapter headings
  • A detailed table of contents to the level of clause headings
  • Detailed sectional contents set out within the commentary for each chapter and section
• References and abbreviations -an alphabetical listing of special references and abbreviations used in the volume, with an explanation of their meaning
• Selected secondary sources -setting out selected texts, articles, and other secondary sources pertaining to the subject that the reader may find to be relevant and helpful
• Glossary of definitions -identifying words and phrases defined in personal property security legislation, and providing the text of the definition in each jurisdiction for easy reference. A valuable quick reference in a field marked by a wide variety of statutes promulgated across many jurisdictions

Plus

• Table of cases
• Table of statutes and statutory instruments
• List of related titles
• Index

Table of Contents

I. Introduction
1. Constitutional Framework
2. The Penitentiary System
3. The Provincial Prison
4. Principles Governing Imprisonment
5. Imprisonment Outside of the Criminal Justice Context
II. Organization of the Penitentiary System
1. Operation and Management
2. Classification of Prisoners and Penitentiaries
III. Undergoing Imprisonment
1. Detention, Arrest and Remand
2. Penitentiary and Prison Placement
3. Personal Property in Penitentiary
4. Programs in Penitentiary
5. Inmate Pay
6. Work Release
7. Visits and Correspondence
IV. Health Care
1. General
2. Provincial and Territorial Health Care Regulation
V. Civil Rights of Prisoners
1. Smoking
2. Voting
3. Religion
4. Aboriginal Issues
5. Parole Eligibility and Remission for Minors
6. Conditions of Confinement
VI. Segregation
1. General
2. Provincial and Territorial Regulation
VII. Discipline of Prisoners
1. General
2. Penitentiary Discipline System
VIII. Urinalysis
1. Federal
2. Provincial
IX. Searches
1. Penitentiary
2. Provinces and Territories
X. Prison Sentences
1. Calculation
2. Day Parole
3. Temporary Absence
4. Remission
5. Conditional Release
6. Detention
XI. Long Term Supervision
1. General
2. Suspension
XII. Remedies
1. Correctional Grievance Process
2. Special Considerations in the Prison Law Context
3. Charter Relief Generally
4. Forms of Proceeding
5. Habeas Corpus
6. Actions for Damages by Prisoners
7. Correctional Investigator
8. Prisoner Appeals
9. Pardons
10. Access to Information

Author/Contributor

Fergus J. (Chip) O'Connor

Fergus J. (Chip) O’Connor has engaged in private criminal law practice in Kingston, Ontario for over 30 years. He taught at Queen’s Law School as Director of the Correctional Law Project from 1981 to 1985 and has lectured at various places in Canada, as well as in Nevada and California. He has published articles in the Criminal Law Quarterly, Queen’s Law Journal, and elsewhere. Mr. O’Connor has argued criminal trial and appeal matters at all levels of Court including the Supreme Court of Canada. In the field of penitentiary and imprisonment law, he has also argued at all levels of Court and numerous tribunals. He is past President of the Frontenac Law Association, the Kingston Criminal Defence Lawyers Association, and the Canadian Prison Lawyers Association.

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