|JHSA - The Reporter||Fall 2004 Edition|
“Of major significance to rights of inmates is the first principle of our correctional philosophy which states that inmates retain all the rights of a member of society, except for those that are necessarily removed or restricted by the fact of incarceration. This principle recognizes that offenders are sent to prison as punishment, not for punishment, and therefore, while in prison, retain the rights of an ordinary citizen, subject only to necessary limitations or restrictions . . . In effect, the ‘retained rights’ principle means that it is not giving rights to inmates which requires justification, but rather, it is restricting them which does”
Correctional Law Review, 5th Working Paper, Correctional Authority and Inmate Rights, Ottawa, Solicitor General Canada, 1987.
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