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Halsbury's Laws of Canada - Penitentiaries, Jails and Prisoners (2018 Reissue)

This volume provides a review of the law pertaining to federal penitentiaries, provincial and territorial prisons, and the rights and obligations of prisoners. It examines all of the pertinent legislation, regulations and case law regarding a variety of topics under Canadian criminal law.
Publication Language: English
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$305.00
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ISBN/ISSN: 9780433495055

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According to Statistics Canada, more than 120,000 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 is relevant to every Canadian criminal law practitioner.

Halsbury's Penitentiaries, Jails and Prisoners (2018 Reissue) title 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.

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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
7. Disability and the Right to Accommodation

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. Serving Sentences
1. Calculation of Eligibility Dates
2. Remission and Statutory Release
3. Conditional Release
4. Detention

XI. Long-Term Supervision
1. General
2. Suspension
3. Breaches

XII. Remedies
1. Correctional Grievance Process
2. Commissioner's Directives'
3. Charter Remedies
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