Mandatory Maximum Security for Dangerous Offenders

Summary#

This bill would change how some federal inmates are classified and housed. It requires Correctional Service Canada (CSC) to assign a maximum-security classification to any inmate designated a “dangerous offender” (a court label for high‑risk offenders under the Criminal Code) or convicted of more than one first‑degree murder. Those inmates must be held in a maximum‑security penitentiary or a maximum‑security area within a penitentiary. It also confirms that maximum‑security inmates are not eligible for unescorted temporary absences (UTAs).

• Mandatory maximum-security classification for dangerous offenders and those convicted of more than one first‑degree murder (Bill s.30(1.1)).
• Required placement in maximum‑security institutions or areas for those inmates (Bill s.28(2)).
• Transfer powers limited by the mandatory maximum classification (Bill s.29).
• Maximum‑security inmates remain ineligible for unescorted temporary absences; this now expressly covers those classified under the new rule (Bill s.115(3)).
• Retains the general principle that confinement should include only necessary restrictions (Bill s.28(1)).

What it means for you#

• Households and the public

  • No change to criminal charges, sentencing ranges, parole eligibility, or community supervision rules. The change is to security classification and placement inside federal prisons (Bill ss.28–30, 115).
  • People may see fewer unescorted temporary absences by the affected inmates, because more of them will be classified as maximum security (Bill s.115(3)).

• Victims and their families

  • Offenders who meet the criteria must be kept in maximum security. This aligns the bill with the Canadian Victims Bill of Rights in the preamble, but it does not change victims’ rights or services in law (Preamble; Bill ss.28–30).
  • Fewer unescorted temporary absences for the affected group may reduce contacts in the community (Bill s.115(3)).

• Affected inmates (dangerous offenders; more than one first‑degree murder)

  • You will be assigned a maximum‑security classification by law, not by an individualized assessment (Bill s.30(1.1)).
  • You must be housed in a maximum‑security penitentiary or a maximum‑security area within a penitentiary (Bill s.28(2)).
  • You will not be eligible for unescorted temporary absences (Bill s.115(3)).
  • Transfers to lower‑security institutions are not allowed while this mandatory classification applies (Bill s.29, s.30(1.1)).

• Other federal inmates

  • Your classification and transfer processes remain under existing CSC regulations and assessments (Bill s.30(1)).

• Correctional Service Canada and prison staff

  • You must classify and confine the specified inmates at maximum security, regardless of assessment tools or case‑by‑case discretion (Bill s.30(1.1), s.28(2)).
  • You may need to adjust bed space and operations to ensure maximum‑security capacity or designate maximum‑security areas within institutions (Bill s.28(2)). Data unavailable on current capacity.

• Timing

  • Changes take effect when the Act comes into force. The provided text does not specify a date. By default, federal Acts come into force on Royal Assent unless otherwise stated. Data unavailable on the bill’s status.

Expenses#

• Estimated net cost: Data unavailable.

• Key points

  • The bill contains no explicit appropriations or new fees; it changes classification, placement, transfers, and UTA eligibility (Bill ss.28–30, 115).
  • No official fiscal note was provided in the text. Data unavailable.
  • Operational impacts could include changes in maximum‑security capacity, staffing, and programming for the affected population. Data unavailable on scale or cost.

Proponents' View#

• Improves public safety by requiring the highest security level for inmates who pose the greatest risk, namely dangerous offenders and those convicted of more than one first‑degree murder (Bill s.30(1.1)).
• Provides clear, uniform rules and reduces the chance of misclassification or inconsistent decisions across institutions (Bill s.30(1.1), s.29).
• Ensures confinement conditions match the principle of necessary restrictions for community safety while still stated in the Act (Bill s.28(1) and s.28(2)).
• Limits community exposure by confirming ineligibility for unescorted temporary absences for all maximum‑security inmates, including those newly captured by the rule (Bill s.115(3)).
• Aligns with the spirit of the Canadian Victims Bill of Rights by prioritizing secure confinement for high‑risk offenders (Preamble).

Opponents' View#

• Removes individualized risk assessment and professional discretion for the affected inmates, which may conflict with evidence‑based classification practices and lead to over‑classification (Bill s.30(1.1)).
• Could increase operational pressures if maximum‑security capacity is tight, requiring reconfiguration or transfers that disrupt programs and family contact. Data unavailable on capacity or costs.
• May reduce access to rehabilitative programs more available at lower security levels, potentially delaying progression through the system and affecting long‑term outcomes. Data unavailable.
• Codifies a categorical bar on unescorted temporary absences for a larger group, reducing incentives for good behavior and case management flexibility (Bill s.115(3)).
• The Act still says to impose only necessary restrictions; a mandatory maximum rule could be seen as inconsistent with that principle for some individuals, raising implementation and grievance risks (Bill s.28(1), s.30(1.1)).