2nd Session, 40th Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 10

THE CORRECTIONAL SERVICES AMENDMENT ACT

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C230 amended

1

The Correctional Services Act is amended by this Act.

2

Subsection 1(1) is amended by adding the following definition:

"inmate communication" means communication made or intended to be made by oral, written or electronic means between an inmate and another person, including another inmate; (« communication du détenu »)

3

Subsection 42(1) is replaced with the following:

Recording and intercepting inmate communications

42(1)

The facility head of a custodial facility may, without individualized suspicion, cause inmate communications to be recorded or intercepted in accordance with the regulations.

Monitoring and restricting inmate communications

42(1.1)

The facility head of a custodial facility may cause inmate communications to be monitored or restricted in accordance with the regulations if

(a) he or she has reasonable grounds to believe that

(i) the communications relate to

(A) a criminal offence or a plan to commit a criminal offence, or

(B) an act that may jeopardize the safety or security of the custodial facility, or

(ii) the inmate is using the communications to harass or cause harm to others;

(b) a court order restricts or prohibits communication or contact between the inmate and another person and the communications are directed to that person; or

(c) a person has advised the facility head that he or she does not want to communicate with the inmate and the communications are directed to that person.

No application to privileged communications

42(1.2)

Nothing in this section applies to privileged inmate communications.

4(1)

Clause 59(1)(r) is replaced with the following:

(r) respecting the recording, interception, monitoring or restriction of inmate communications, including

(i) specifying the procedures to be followed when inmate communications are recorded, intercepted, monitored or restricted,

(ii) providing for the handling, retention and disposal of inmate communications that are recorded or intercepted, and

(iii) specifying the procedures to be followed and the criteria to be applied with respect to inmate communications to determine if the communications are privileged;

4(2)

The following is added after clause 59(1)(bb):

(bb.1) defining any word or expression used but not defined in this Act;

Coming into force

5

This Act comes into force on a day to be fixed by proclamation.