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In Canada, the criminal legal system is divided into federal and provincial/territorial jurisdictions. Provincial/territorial correctional facilities hold people who have been sentenced to less than two years in custody and people being held on remand (waiting trial or sentencing). Federal Correctional Facilities, which are the responsibility of Correctional Service of Canada—is concerned with people who have been sentenced to two years or more in custody.[1]
Provincial/territorial jurisdiction includes: remand for those with a custody sentence of less than two years; community sentences such as fines, community service, or probation; including pre-trial supervision, community and custody sentences, and Extrajudicial Sanctions Programs. Youth criminal legal facilities and sentencing are also provincial/territorial but are usually governed by the ministry responsible for child and youth services, rather than the body responsible for adult corrections.
Though immigration detention is facilitated by the Canada Border Services Agency, immigration detainees may also be kept in provincial/territorial facilities because either the federal Immigration Holding Centres (IHCs) are full, there is no IHC in their region, or the detainee's file has a link to criminality.[2]
- ^ Government of Canada, Correctional Service of Canada (2010-07-28). "Frequently asked questions - Correctional Service Canada". www.csc-scc.gc.ca. Retrieved 2021-04-18.
- ^ "Arrests, detentions and removals - Immigration holding centres". Canada Border Services Agency. CBSA. Retrieved 18 April 2021.