NCJ Number
110656
Date Published
1986
Length
69 pages
Annotation
This paper examines the form and the substance of a legislative framework which would provide clear and specific authority for Canada's correctional agencies and facilitate the attainment of correctional goals and objectives.
Abstract
Rules which currently govern federal corrections are analyzed, including the Canadian Charter of Rights and Freedoms, international law, legislation, and judicial decisions. The present legislative scheme is assessed and its deficiencies identified. The paper discusses constitutional and other aspects of the judicial system that legislation to govern corrections must consider. A chapter on legislative approaches to corrections management focuses on two goals: developing laws which promote voluntary compliance and furthering fair and effective decisionmaking. The relative advantages and disadvantages of various approaches to codification are compared. This discussion concludes that the Correctional Law Review's goals would be better met by a clear statement of correctional philosophy in the legislation, rather than an exhaustive code of legal rules to govern conduct in every situation. Matters which should be addressed by statute, regulation, and policy directives are reviewed. For related documents see NCJ 110655 and 110657-60. 78 footnotes.