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How would a Decision maker consider the “spirit” of law?
-these principles help decision makers exercise their discretion properly:
4. the principles that guide the service in achieving the purpose referred to in section 3 are as follows:
(d) offenders the rights of all members of society except those that are, as a consequence of the sentence, lawfully and necessarily removed or restricted
(e) the service facilitates the involvement of members of the in matters relating to the operations of the service
(f) correctional decisions are made in a forthright and fair manner, with access by the offender to an effective grievance procedure
(g) correctional , programs & practices respect gender, ethnic, cultural & linguistic differences and are responsive to the special needs of women, aboriginal peoples, persons requiring mental health care & other group