Summary#

This bill would let a sentencing court recommend that some federal inmates serve all or part of their sentence in a penitentiary area designated for addiction treatment. It updates the Corrections and Conditional Release Act (CCRA) to define and set rules for these facilities, require placement “as soon as reasonably possible,” and fold addiction-related needs into correctional planning. It also lets the federal government make agreements with provinces to deliver treatment programs.

• Courts may recommend placement in a designated addiction treatment facility if strict conditions are met and the person consents (Criminal Code s. 743.11(1)).
• People convicted of serious offences are not eligible for a recommendation (Criminal Code s. 743.11(1)(d)-(e)).
• Correctional Service of Canada (CSC) must ensure recommended individuals are placed in a designated facility as soon as reasonably possible (CCRA, new section after s. 28).
• The CSC Commissioner may designate a penitentiary or part of one as an addiction treatment facility; its purpose is curative treatment for problematic substance use and related services (CCRA s. 30.1(1)-(2)).
• CSC can transfer inmates within or between penitentiaries to reach a designated facility (CCRA s. 29(b.1)).
• Correctional plans must consider court-forwarded substance use information; mental health assessments must occur within 30 days and include substance use needs (CCRA s. 15.1(1.1), s. 15.1(2.01)).
• “Health care” now explicitly includes care provided as part of an addiction treatment program in a designated facility (CCRA s. 85).

What it means for you#

• Households

  • If a family member receives a federal sentence and meets the criteria, they can ask the court to recommend placement in an addiction treatment facility. If the court recommends, CSC must place them as soon as reasonably possible (Criminal Code s. 743.11(1)-(2); CCRA, new section after s. 28).
  • People convicted of offences with a maximum of 14 years or life, or certain 10‑year maximum offences involving bodily harm, drug trafficking/production/import/export, or a weapon, cannot get a recommendation (Criminal Code s. 743.11(1)(d)-(e)).

• Incarcerated people

  • You must request the recommendation, consent to treatment, show evidence of a pattern of behaviour where problematic substance use contributed to your justice involvement, and satisfy the court that the placement fits sentencing principles (Criminal Code s. 743.11(1)(a)-(c)).
  • The court will send CSC its reasons and any reports or other relevant information to help administer your sentence (Criminal Code s. 743.11(2)).
  • CSC must develop your correctional plan considering substance use information from the court and refer you for a mental health assessment within 30 days, including any needs related to substance use (CCRA s. 15.1(1.1), s. 15.1(2.01)).

• Judges and lawyers

  • Sentencing courts gain a new, discretionary recommendation tool for eligible cases. The court must assess evidence, consent, offence exclusions, and consistency with s. 718–718.201 sentencing principles (Criminal Code s. 743.11(1)).
  • Courts must document and forward reasons and relevant reports to CSC (Criminal Code s. 743.11(2)).

• Correctional staff and CSC

  • CSC must ensure timely placement of recommended persons into designated facilities and may transfer inmates within or across penitentiaries to do so (CCRA, new section after s. 28; s. 29(b.1)).
  • The Commissioner may designate entire penitentiaries or areas as addiction treatment facilities and oversee programs with a curative treatment purpose (CCRA s. 30.1(1)-(2)).
  • Regulations may set rules for confinement in designated facilities, including how to decide, in consultation with addiction treatment experts, whether to alter treatment or keep someone in the facility (CCRA s. 96(f.1)).

• Provinces and program providers

  • The federal Minister may enter agreements with provinces to provide addiction treatment programs in designated facilities and make payments for those programs (CCRA s. 30.1(3)).

• Timing

  • When it takes effect: Data unavailable.

Expenses#

• At a glance: Estimated net cost: Data unavailable.

• No explicit appropriation or dollar amounts are in the bill text.

• CSC is given a duty to ensure placement in a designated facility when a court makes a recommendation (CCRA, new section after s. 28).

• The Commissioner may designate facilities and the Governor in Council may make regulations on confinement and treatment decisions in designated facilities (CCRA s. 30.1; s. 96(f.1)).

• The Minister may enter agreements with provinces and make payments for program delivery (CCRA s. 30.1(3)).

• No official fiscal note is attached to the bill text. Data unavailable.

Proponents' View#

• The bill targets people whose crimes are linked to problematic substance use and who consent to treatment, while excluding serious offences. This focuses resources on suitable cases (Criminal Code s. 743.11(1)(a)-(e)).
• It creates a clear pathway: court recommendation, reasons and reports sent to CSC, and a statutory duty for CSC to place the person as soon as reasonably possible (Criminal Code s. 743.11(2); CCRA, new section after s. 28).
• It embeds addiction treatment into correctional plans and health care, and requires a mental health assessment within 30 days that considers substance use needs (CCRA s. 15.1(1.1), s. 15.1(2.01), s. 85).
• It establishes a national framework by allowing CSC to designate facilities and the Minister to make agreements with provinces for program delivery and payment (CCRA s. 30.1(1)-(3)).
• Proponents expect improved rehabilitation and public safety from treatment-focused custody. Assumption; Data unavailable.

Opponents' View#

• The bill sets no funding levels and no specific timelines; “as soon as reasonably possible” is not defined. Opponents warn this could lead to delays or uneven access across regions (CCRA, new section after s. 28). Assumption about effects; Data unavailable.
• Many people with substance use issues will be ineligible due to offence exclusions, including certain drug and weapons cases or offences causing bodily harm (Criminal Code s. 743.11(1)(d)-(e)).
• CSC must stand up and manage designated facilities and transfers without new funding in the bill text, which could strain operations or displace other programs. Assumption; Data unavailable.
• Courts must forward reasons, reports, and “any other information relevant” to CSC, which opponents may see as broad and raising privacy concerns (Criminal Code s. 743.11(2)). Assumption about risk; Data unavailable.
• Provincial program agreements are optional, not required. Access could vary depending on provincial participation (CCRA s. 30.1(3)). Assumption about variability; Data unavailable.