CHAPTER 147. An Act respecting Penitentiaries. SHORT TITLE. 1. This Act may be cited as the Penitentiary Act. 6 E. VII., Short title. c. 38, s. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires, (a) Minister' means the Minister of Justice; (b) Inspectors' means the Inspectors of Penitentiaries appointed under this Act; (c) officer' means and includes any officer, or employee of Definitions. 2. Where by this Act any power or duty is conferred upon Powers of the Inspectors of Penitentiaries, such power may be executed Inspectors. or such duty discharged by the Inspectors or either of them. 6 E. VII., c. 38, ss. 2 and 17. CONTROL OF PENITENTIARIES. Minister of 3. All the penitentiaries in Canada and such other prisons Adminisand public institutions as are, from time to time, designated tered by for that purpose by the Governor in Council, by proclamation Justice. in the Canada Gazette, and all prisoners and other persons confined therein and inmates thereof, shall be under the control of the Minister, who shall exercise over them complete administrative power. 6 E. VII., c. 38, s. 3. 4. The Minister shall submit to the Governor in Council an Annual annual report upon the penitentiaries, prisons and other insti- report. tutions under his control, to be laid before both Houses of Parliament within the first twenty-one days of each session thereof, showing the state of each penitentiary, prison or 2781 other Kingston. St. Vincent de Paul. Dorchester. Manitoba. British Alberta. Penitentiaries of Canada. Maintained as prisons for confinement of convicts. Term not less than 2 years. Territory for each penitentiary other institution, and the amounts received and expended in respect thereof, with such further information as he deems requisite. 6 E. VII., c. 38, s. 4. PENITENTIARIES AND THEIR LIMITS, ETC. 5. The penitentiary situate near the city of Kingston, in the province of Ontario, known as the Kingston Penitentiary; The penitentiary situate at St. Vincent de Paul, in the province of Quebec, known as the St. Vincent de Paul Penitentiary; The penitentiary situate at Dorchester, in the province of New Brunswick, known as the Dorchester Penitentiary; The penitentiary situate in the county of Lisgar, in the province of Manitoba, known as the Manitoba Penitentiary; The penitentiary situate in the district of New Westminster, in the province of British Columbia, known as the British Columbia Penitentiary; and, The penitentiary situate in the city of Edmonton, in the province of Alberta, known as the Alberta Penitentiary; together with all lands appertaining to the said penitentiaries respectively, according to the respective metes and bounds thereof as now known and defined, and all the buildings and property thereon belonging to the same, are hereby declared to be and continue to be penitentiaries of Canada. 6 E. VII., c. 38, s. 5. 6. The Kingston Penitentiary, for the province of Ontario; The St. Vincent de Paul Penitentiary, for the province of Quebec; The Dorchester Penitentiary, for the provinces of Nova The British Columbia Penitentiary, for the province of The Alberta Penitentiary, for the provinces of Alberta and shall each be maintained as a prison for the confinement and 7. The portion of Canada for which a penitentiary is the penitentiary shall be subject to alteration from time to time by proclamation 2782 tion. proclamation of the Governor in Council, and by such procla- fixed by mation the Governor in Council may attach to the territory or proclamaprovince for which any one of the above named penitentiaries is the penitentiary, any tract or territory forming a portion or the whole of the territory or province, for which some other of the said penitentiaries is the penitentiary. shall be 2. Any person thereafter convicted of crime and sentenced as Where aforesaid by any court within the limits of the tract or terri- sentence tory so attached shall undergo in the former penitentiary the served. imprisonment to which he is sentenced. 6 E. VII., c. 38, s. 7. 8. Every lock-up, guard-room, guard-house or place of con- Yukon. finement provided by or for or under the direction of the Royal Northwest Mounted Police, or the regular military force, or a municipal body, or by the Commissioner or Commissioner in Council of the Yukon Territory, shall be a penitentiary, gaol, and place of confinement for all persons sentenced to imprisonment in the Territory. 2. The Commissioner of the Territory shall direct in which Idem. such penitentiary, gaol or place of confinement any person sentenced to imprisonment shall be imprisoned. 6 E. VII., 'c. 38, s. 8. Council may 9. The Governor in Council may declare, from time to time, Governor in by proclamation, to be published in the Canada Gazette, that proclaim any tract of land within Canada, of which the boundaries shall penitentiary. be described in the proclamation, is a penitentiary, and is to be so held within the meaning of this Act, and by such proclamation may declare for what part of Canada the same shall be a penitentiary. 2. The Governor in Council, by any proclamation published Or abandon. as aforesaid, may declare that any tract of land established as a penitentiary under the provisions of this Act, or by any other law, or by proclamation under this section, from and after a certain day to be named in such proclamation, shall cease to be a penitentiary, or a penitentiary for a part of Canada named in such proclamation, and such tract of land shall cease to be a penitentiary, or a penitentiary for such part of Canada, accordingly. 6 E. VII., c. 38, s. 9. tentiary 10. Every penitentiary now established, or hereafter estab- What penilished by virtue of this Act, shall be deemed to include,(a) all carriages, wagons, sleighs and other vehicles for land carriage, and all boats, scows and other vessels for water carriage, which belong to such penitentiary, or are employed by hire or otherwise in its service; and, (b) every wharf at or near the penitentiary, which, although not within the limits mentioned in the proclamation establishing the penitentiary, is used for the accommodation of such boats, scows or other vessels, when the same 2783 are Streets and thoroughfares used by convicts, part of penitentiary. Escapes and rescues. Rail and am roads. Construction and repairs. are employed in or about any work or labour connected with the penitentiary. 6 E. VII., c. 38, s. 10. 11. Every street, highway or thoroughfare of any kind along or across which it is necessary or convenient that convicts should pass in going to or returning from their work, or upon which it may be deemed necessary or expedient that convicts should be employed, shall be considered, while so used, as a portion of the tract of land forming the penitentiary. 2. Every escape, or attempt at escape, and every rescue, or aid in rescue, which takes place on such street, highway or thoroughfare, while so used, or on or from any wharf, boat, scow or other vessel which a penitentiary is by this Act declared to include, shall have the same effect as if such escape, or attempt at escape, or such rescue, or aid in rescue, had taken place within the prison walls or penitentiary limits. 6 E. VII., c. 38, s. 11. 12. The Minister may authorize the warden of any penitentiary to construct rail or tram roads to communicate between any one part of the penitentiary and any other part, and to carry the same across, upon or along any public road or street intervening, in such manner as to cause the least possible inconvenience to passengers or carriages using such road or street; but the warden of such penitentiary shall not break ground upon any public road or street for the purpose of constructing such rail or tram roads, in virtue of such authority, until after the lapse of one month after a copy of the writing giving such authority, certified by the warden, together with a plan showing the line which such rail or tram roads are to occupy, has been served upon the officer or person charged with the care or supervision of such public road. 6 E. VII., c. 38, s. 12. 13. The construction and repairs of buildings and other works in the penitentiaries shall be under the control of the Minister. 6 E. VII., c. 38, s. 13. Two inspectors. Their duties. INSPECTORS. 14. The Governor in Council may appoint two inspectors of penitentiaries and of such other prisons and public institutions as are, from time to time, designated by the Governor in Council; and each of the Inspectors shall hold office during pleasure, and shall be an officer of the Department of Justice, and, as inspector, shall act as the representative of the Minister. 6 E. VII., c. 38, s. 14. 15. The Minister may, from time to time, assign to the Inspectors respectively such of the duties by this Act required to be performed by the Inspectors as he may think proper; and 2784 he he may at any time require either of the Inspectors to perform any duty assigned to or usually performed by the other of them. 6 E. VII., c. 38, s. 16. and report. 16. The Inspectors, under direction from the Minister, shall To examine visit, examine and report to him, upon the state and management of all the penitentiaries, and the suggestions which the wardens thereof make for the improvement of the penitentiaries. 6 E. VII., c. 38, s. 18. tices of the 17. The Inspectors, by virtue of their office, without any To be jus property qualification, shall be justices of the peace for every peace. district, county, city or town of Canada, but shall have power to act in matters connected with the criminal law of Canada only. 6 E. VII., c. 38, s. 19. rules. 18. The Inspectors shall, subject to the approval of the To make Minister, make rules and regulations for the administration, management, discipline and police of the penitentiaries; and the wardens of the penitentiaries, and every other officer employed in or about the same, shall be bound to obey such rules and regulations. 6 E. VII., c. 38, s. 20. 19. The Inspectors shall make an annual report to the Annual Minister on or before the first day of September in each year, report. which shall contain a full and accurate statement of the state, condition and management of the penitentiaries under their control and supervision for the preceding fiscal year, together with such suggestions for the improvement of the same as they deem necessary and expedient, accompanied by copies of the annual reports of the officers of the penitentiaries, and by such financial and statistical statements and tables as they deem useful or as the Minister directs. 6 E. VII., c. 38, s. 21. to report 20. If the Inspectors at any time find that any penitentiary Inspectors is out of repair, or does not possess the proper and requisite defects. sanitary arrangements, or has become unsafe or unfit for the confinement of prisoners, or that it does not afford sufficient accommodation for the number of prisoners confined therein, or the requisite accommodation for the proper industrial employment of the prisoners, they shall forthwith report the facts to the Minister. 6 E. VII., c. 38, s. 22. EXAMINATIONS AND INVESTIGATIONS. access. 21. The Inspectors may, at all times, enter into and remain Inspectors to within any penitentiary or other public institution placed under have free their control as aforesaid, and have access to every part of the same, and examine all papers, documents, vouchers, records and books of every kind belonging thereto. 28 2785 2. |