CC 102- (27) Prisoner's Rights

[blank_start]Due Process[blank_end]: the duty to act fairly & strictly defined powers & delegations of authority limit what actors may do in the name of the state, be they police, prosecutors, judges, correctional officials

718: the fundamental purpose of sentencing is to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives: (a) to [blank_start]denounce[blank_end] unlawful conduct (b) to [blank_start]deter[blank_end] the offender and other persons from committing offence (c) to [blank_start]separate[blank_end] offenders from society, where necessary; (d) to [blank_start]assist[blank_end] in rehabilitating offenders (e) to provide [blank_start]reparations[blank_end] for harm done to victims or to the community (f) to promote a sense of [blank_start]responsibility[blank_end] in offenders, and acknowledgement of the harm done to victims and the community

3. the purpose of the federal correctional system is to contribute to the maintenance of a just, peaceful and safe society by: (a) carrying out sentences imposed by courts through the [blank_start]safe[blank_end] & humane custody & supervision of offenders (b) assisting the [blank_start]rehabilitation[blank_end] of offenders and their reintegration into community as law-abiding citizen through provisions of programs in penitentiaries & in the community

Parole:

How does Canada ensure the focus on human rights remains sharp?

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 [blank_start]retain[blank_end] 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 [blank_start]public[blank_end] 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 [blank_start]policies[blank_end], 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