New Legislation Governing Corrections System Introduced

Newfoundland and Labrador has taken the legislation that governs the correctional system in the province into the modern day with the introduction of the new Correctional Services Act in the House of Assembly by the Honourable Felix Collins, Minister of Justice and Attorney General. The new legislation replaces the Prisons Act, which was enacted in 1969, and the Adult Corrections Act, which was proclaimed in 1975.

“The Correctional Services Act now stands among the most contemporary and comprehensive pieces of corrections legislation in the country,” said Minister Collins. “Our new act focuses on the best interests of both inmates and our correctional staff and is intended to improve the delivery of correctional services in our province.”

The new act was created in accordance with advice received from the review panel of the independent review of adult corrections in the province, information garnered through a targeted consultation process, and in accordance with best practices throughout Canada. In April 2008, the Provincial Government launched the independent review of adult corrections in Newfoundland and Labrador. One of the recommendations of Decades of Darkness – Moving Towards the Light was one to thoroughly revise the legislation that currently governs corrections in the province.

The new act will be shaped by a set of principles which will serve as a guide as to how the act is to be interpreted and administered. These are vital to the achievement of a modern, effective, and progressive correctional system. These principles reflect the general direction in which the government and the various stakeholders would like to see corrections move in this province.

Highlights of the new act include:

• A new disciplinary process inside correctional facilities that includes an independent adjudicator from outside the corrections field who will be appointed to preside over all violations. Any discipline decisions can be appealed by the inmate to appeal adjudicators who will be appointed by the Department of Justice;
• Clearly defined guidelines for searches of inmates, visitors and corrections staff and the authority to seize and dispose of contraband material;
• Legislative authority for the use of force to prevent injury or death, prevent property damage, prevent an inmate from escaping and to maintain custody and control of an inmate; and,
• Continuity of programs and services that reflect the needs of Aboriginal offenders, female offenders and the specific needs of individuals with mental health and addictions requirements in correctional facilities throughout the province.

“With the new disciplinary process and expressly defined guidelines for search and seizure and the use of force on offenders we are not only protecting the safety and security of inmates, but enhancing the safety of corrections officials within our institutions,” added Minister Collins. “I am also pleased to be able to, through the new act, ensure the maintenance of the already diverse programming we currently offer in our provincial institutions for Aboriginal and female offenders as well as those affected by mental health issues.”

Since 2009, the Provincial Government has allocated approximately $7 million for the revitalization of the Newfoundland and Labrador corrections system.

“The new Correctional Services Act reflects the operational realities of the Department of Justice’s Division of Corrections,” said Minister Collins. “It also provides the tools necessary to move forward with providing a safe, secure and humane environment for both inmates and staff for years to come.”

- 30 -

Media contact:

2011 03 31                                                                           3:55 p.m.