II. Summary of CAEFS' Recommendations for Revisions to the CCRA

1. Section 11 of the CCRA should be amended to prohibit the incarceration of women in federal penitentiaries for men.

2. Given the discriminatory application of s. 30 to federally sentenced women, the CCRA should be amended so as to exclude women from the application of s. 30.

3. A definition of administrative segregation should be included in the CCRA. Administrative segregation should be defined as confinement which restricts the entitlement to associate beyond that which is provided to the general prison population. In addition, the Act should include clear parameters for the use of administrative segregation.

4. Sections 33 and 34 of the CCRA ought to be amended to provide for either of the two segregation review models proposed by the Arbour Commission.

5. Section 37 of the CCRA should be amended so as to remove the phrase "security requirements" and articulate a positive obligation on CSC to provide sufficient dynamic/staff support and physical structures which enable separated prisoners to exercise most of the entitlements of the general prison population.

6. Section 16 of the CCRA should be amended to provide that federally sentenced prisoners may only be confined in provincial jails with their consent and on a voluntary basis.

7. Sub-section 77(b) of the CCRA should be repealed and replaced by a new s. 77(b) that establishes a National Women's Advisory Committee, chaired by CAEFS, to provide advice to the Service and monitor the provision of correctional services to federally sentenced women in accordance with domestic law and international agreements.

8. New provisions, similar to sections 79, 81 and 84 of the CCRA, should be enacted to provide opportunities for federally sentenced women to serve their sentences and be released on parole to community organizations and facilities which provide services to women.

9. Section 87 of the CCRA should be amended to prohibit its application in any manner that might disadvantage prisoners with mental disabilities.

10. Sub-section 88(4) of the CCRA should be amended so as to restrict the participation of prisoners in demonstration treatment programs to those in which members of the public also participate. Such demonstration treatment programs should also be administered and evaluated by doctors external to the CSC Health Services.

11. Sub-section 125(3) of the CCRA should be amended so as to delete "social history" from the factors to be considered by the National Parole Board.

12. Sub-section 179(3) of the CCRA should be amended so as to require that the Commissioner of Corrections and the Chair of the National Parole Board are bound to act on a finding or recommendation by the Correctional Investigator with respect to a breach of the law.

13. The CCRA should be amended so as to direct the Correctional Investigator to report directly to Parliament.

14. The CCRA should be amended to include a new provision which would entitle prisoners to apply to court for a reduction of a fixed term sentence or, if the sentence is a mandatory minimum one, a declaration that the sentence was illegally or unfairly administered.


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