Violations of the Law by Inmates
- To ensure due process of the law when inmates have committed or are suspected of having committed criminal offences.
CONDUCT OF INVESTIGATIONS
- Investigation into any criminal offence committed within the Service's institutions shall normally be carried out by a police force.
INFORMATION TO BE GIVEN TO INVESTIGATORS
- The names of all staff members having dealt directly with the inmate immediately following the commission of the offence shall be recorded and made available to investigators from the police force.
TREATMENT OF INMATE SUSPECTS
- Under no circumstances shall the inmate who is suspected of having committed an offence be subjected to promises, threats or pressure of any kind.
READING OF WARNING, TAKING OF STATEMENTS BY STAFF MEMBERS
- Although members of the police force will administer warnings and obtain statements from the inmate(s) suspected of having committed a criminal offence, special situations may arise where CSC staff shall be responsible for one or both of these tasks.
- Upon arrest, the inmate shall be informed immediately of the reasons for the arrest. The inmate shall also be given a reasonable opportunity to retain and instruct counsel without delay, and shall be informed of his or her right to do so.
- When making an arrest a standard arrest warning shall be given, as follows (reference to duty counsel need only be made if applicable in your province):
Charter of Rights
"I am arresting you for (describe the offence in ordinary language).
It is my duty to inform you that you have the right to retain and instruct counsel without delay. Do you understand?
You have the right to obtain legal advice without charge from duty counsel. (Arresting Officer: insert information on local availability of duty counsel, e.g.: "Duty counsel is available tomorrow morning at 9 a.m." or "Duty counsel is available 24 hours a day at 1 800 555 1234.") Do you understand?
You have the right to apply for legal assistance without charge through the provincial legal aid program. (Arresting Officer: insert information on local availability of Legal Aid, e.g.: "Legal Aid telephone number is 555 1234 and the Legal Aid Office is located at 100 Main Street".) Do you understand?"
"You need not say anything. You have nothing to hope from any promise or favour and nothing to fear from any threat whether or not you say anything. Anything you do say may be used against you as evidence."
RECORDING OF INFORMATION
- When the warning has been read to the inmate by a member of the Service, the psychological state of the accused shall be noted and any answer to the warning recorded verbatim by a staff member. Members of the police force shall be advised of this information upon their arrival.
QUESTIONING OF INMATES BY STAFF MEMBERS
- After compliance with paragraphs 6, 7 and 8 above, staff shall provide a reasonable opportunity for private telephone communication between the suspect and counsel before attempting to elicit any information from the suspect concerning the alleged offence. Staff shall normally await the arrival of a police officer before any questioning.
- During questioning, only one suspect shall be present. This shall be carried out in an environment and under conditions that cannot be construed as intimidating or threatening to the inmate.
CIRCUMSTANCES WHERE STAFF MEMBERS SHALL NOT QUESTION INMATES
- When the identity of the suspect(s) is not readily known, staff members shall refrain from questioning any potential individual suspects until the arrival of the police force of local jurisdiction and being advised by them of the procedures to follow.
INTERNAL DISCIPLINARY MEASURES
- When a police service becomes involved in the investigation of an offence, consultation will take place with police before a decision is made to proceed with disciplinary charges to prevent compromising the police investigation.
Original signed by
For more information
- Government-wide Forward Regulatory Plans
- The Cabinet Directive on Regulatory
- The Federal regulatory management
- The Canada–United States Regulatory Cooperation Council
To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.
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