Stage 2 of Work Assignment 1
In terms of hierarchy of law, where is the Constitution positioned and why is this significant? - (correct
Answer) - It is the supreme law of Canada and therefore positioned at the top of the hierarchy. It
outlines the division of powers. (Page 4)
When federal or provincial laws are created, what must they do in relation to the Constitution? -
(correct Answer) - They must comply if they dont there is no force or effect and it would be
unconstitutional
How does the requirement to "respect the Rule of Law" impact upon you as an "agent of the
government?" - (correct Answer) - That I must treat everyone equally by the same standards
Who may hold CSC, as a government department, accountable for following the rule of law? - (correct
Answer) - The public, courts, special interest groups and the media.
What is the consequence for CSC & its employees if the rule of law is not followed? - (correct Answer) -
We will be seen with a negative perception by the media and others
What is the significance of the inclusion of the Charter of Rights & Freedoms in the Constitution Act? -
(correct Answer) - The significance of the Charter of Rights and Freedoms in the Constitution Act is that
it ensures that rights can't be infringed upon without consequence
What are the basic types of rights that are protected by the Charter? - (correct Answer) -
Mobility,Legal,Fundamental,Democratic, Equality and Language
What is the significance of Section 24(1) of the Charter? - (correct Answer) - If your rights or freedoms
are infringed or denied, you may apply to a court of competent jurisdiction to obtain such remedy as the
court considers appropriate and just in the circumstances
Read Section 1 of the Charter. What are the key concepts contained within this section? - (correct
Answer) - The charter of rights and freedoms guarantees the rights freedoms set out in it subject only to
such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic
society. It tries to balance the rights of individual with the rights of society. (Pg 9)
Read Section 2 of the Charter. From a correctional perspective, how does this section impact upon the
working relationship between an offender and any correctional worker? - (correct Answer) - We must
understand that everyones rights are protected except those restricted as a consequence of their
sentence. They still retain their rights and freedoms.
With any infringement upon a Charter protected right, it is critical that it is authorized ____________
and is carried out in a ________________ manner. - (correct Answer) - With any infringement upon a
, Charter protected right, it is critical that it is authorized LAW and is carried out in a reasonable manner.
The law gives us legal justification and limitations to infringe upon our chartered rights
What is the purpose of laws? - (correct Answer) - Laws set out specific duties that must be followed. The
purpose of law is to identify and prescribe reasonable limits where a correctional officers may infringe
upon an offenders charter of rights. laws also help provide different levels of protection to health and
safety of employees preforming correctional duties.
What function does the CCRA/CCRR serve? - (correct Answer) - CCRA: Creates laws that are specific to
situations that CO's may legally further restricts an inmates rights further that are restricted as a
consequence of the inmates sentence.
CCRR: Source of legal authority for the security duties of CO's. Prescribe the manner in which actions will
be preformed and carried out in reasonable manner (S.17)
Why is it important for a Correctional Officer to know specific sections of the Criminal Code? - (correct
Answer) - We know what powers we have and sets limitations to our powers.
How does the Privacy Act impact upon the duties of a Correctional Officer? - (correct Answer) - We have
access to private sensitive information about offenders that we should not share unless its a "need to
know" piece of information that other CO will need to do their job.
How does the Access to Information Act impact upon the duties of Correctional Officer? - (correct
Answer) - The act relates directly to officers protection of inmates information.
The principle of natural justice includes the duty to ___________ _______________. The Supreme Court
of Canada formally recognized that "the rule of law must run within penitentiary walls."
This means that offenders have certain specific __________ which are _________ by the duty to act
fairly. - (correct Answer) - he principle of natural justice includes the duty to ACT FAIRLY. The Supreme
Court of Canada formally recognized that "the rule of law must run within penitentiary walls."
This means that offenders have certain specific RIGHTS which are PROTECTED by the duty to act fairly.
What procedural safeguards protect the "right to be heard?" - (correct Answer) - 1. The person to make
the decision should
be the one who examines all the evidence and information (he who hears, decides)
2. The decision make must consider all relevant evidence and information and exclude undisclosed
information
3. Duty for the decision maker to provide reason for the decision.
In terms of hierarchy of law, where is the Constitution positioned and why is this significant? - (correct
Answer) - It is the supreme law of Canada and therefore positioned at the top of the hierarchy. It
outlines the division of powers. (Page 4)
When federal or provincial laws are created, what must they do in relation to the Constitution? -
(correct Answer) - They must comply if they dont there is no force or effect and it would be
unconstitutional
How does the requirement to "respect the Rule of Law" impact upon you as an "agent of the
government?" - (correct Answer) - That I must treat everyone equally by the same standards
Who may hold CSC, as a government department, accountable for following the rule of law? - (correct
Answer) - The public, courts, special interest groups and the media.
What is the consequence for CSC & its employees if the rule of law is not followed? - (correct Answer) -
We will be seen with a negative perception by the media and others
What is the significance of the inclusion of the Charter of Rights & Freedoms in the Constitution Act? -
(correct Answer) - The significance of the Charter of Rights and Freedoms in the Constitution Act is that
it ensures that rights can't be infringed upon without consequence
What are the basic types of rights that are protected by the Charter? - (correct Answer) -
Mobility,Legal,Fundamental,Democratic, Equality and Language
What is the significance of Section 24(1) of the Charter? - (correct Answer) - If your rights or freedoms
are infringed or denied, you may apply to a court of competent jurisdiction to obtain such remedy as the
court considers appropriate and just in the circumstances
Read Section 1 of the Charter. What are the key concepts contained within this section? - (correct
Answer) - The charter of rights and freedoms guarantees the rights freedoms set out in it subject only to
such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic
society. It tries to balance the rights of individual with the rights of society. (Pg 9)
Read Section 2 of the Charter. From a correctional perspective, how does this section impact upon the
working relationship between an offender and any correctional worker? - (correct Answer) - We must
understand that everyones rights are protected except those restricted as a consequence of their
sentence. They still retain their rights and freedoms.
With any infringement upon a Charter protected right, it is critical that it is authorized ____________
and is carried out in a ________________ manner. - (correct Answer) - With any infringement upon a
, Charter protected right, it is critical that it is authorized LAW and is carried out in a reasonable manner.
The law gives us legal justification and limitations to infringe upon our chartered rights
What is the purpose of laws? - (correct Answer) - Laws set out specific duties that must be followed. The
purpose of law is to identify and prescribe reasonable limits where a correctional officers may infringe
upon an offenders charter of rights. laws also help provide different levels of protection to health and
safety of employees preforming correctional duties.
What function does the CCRA/CCRR serve? - (correct Answer) - CCRA: Creates laws that are specific to
situations that CO's may legally further restricts an inmates rights further that are restricted as a
consequence of the inmates sentence.
CCRR: Source of legal authority for the security duties of CO's. Prescribe the manner in which actions will
be preformed and carried out in reasonable manner (S.17)
Why is it important for a Correctional Officer to know specific sections of the Criminal Code? - (correct
Answer) - We know what powers we have and sets limitations to our powers.
How does the Privacy Act impact upon the duties of a Correctional Officer? - (correct Answer) - We have
access to private sensitive information about offenders that we should not share unless its a "need to
know" piece of information that other CO will need to do their job.
How does the Access to Information Act impact upon the duties of Correctional Officer? - (correct
Answer) - The act relates directly to officers protection of inmates information.
The principle of natural justice includes the duty to ___________ _______________. The Supreme Court
of Canada formally recognized that "the rule of law must run within penitentiary walls."
This means that offenders have certain specific __________ which are _________ by the duty to act
fairly. - (correct Answer) - he principle of natural justice includes the duty to ACT FAIRLY. The Supreme
Court of Canada formally recognized that "the rule of law must run within penitentiary walls."
This means that offenders have certain specific RIGHTS which are PROTECTED by the duty to act fairly.
What procedural safeguards protect the "right to be heard?" - (correct Answer) - 1. The person to make
the decision should
be the one who examines all the evidence and information (he who hears, decides)
2. The decision make must consider all relevant evidence and information and exclude undisclosed
information
3. Duty for the decision maker to provide reason for the decision.
