In 2020, Simon Borys and Kate Mitchell of Borys Law--a boutique law firm in Kingston, Ontario that focuses on parole and correctional law--launched a test case, on behalf of a number of inmates serving life or indeterminate sentences, in coordination with the John Howard Society of Canada (represented by Paul Quick, a staff lawyer with the Queen's Law School Prison Law Clinic) to challenge whether the writ of habeas corpus can be used to...
Simon Borys was recently interviewed for an article in The Lawyers Daily about the crisis in federal correctional institutions due to the programming backlog Simon is quoted in the article as saying:
“This has been a problem for almost all of my clients, at every federal institution, since the pandemic started. Programs are either cancelled, or running with reduced class sizes, and there are often delays when units are shut down due to COVID...
Simon Borys was recently interviewed for an article in The Lawyers Daily about R v Bissonnette, the recent case from the Supreme Court that dealt with the constitutionality of stacked life sentences. Simon intervened in the case on behalf of the Canadian Prison Law Association." Simon is quoted in the article as saying:
"their client “is very pleased” with the decision. “The facts of this case, as with all cases of multiple murders, are...
It can be helpful for prisoners to provide support letters to the Parole Board of Canada or Ontario Parole Board, as the case may be. Support letters can be helpful because they give the Board insight into what the prisoner's life will look like if the prisoner is granted parole. Having letters can help show the Board that the prisoner's release plan has enough structure and support to reduce the prisoner's risk of offending. Support letters are...
Prisoners released on parole or statutory release have to abide by certain conditions. Some conditions are imposed at the discretion of the Parole Board of Canada, but others are standard conditions imposed on all prisoners on parole and statutory release. All federal prisoners on parole or statutory release must abide by the following standard conditions, unless varied: on release, travel directly to the offender’s place of residence, as set...
Provincial prisoners (those serving two years or less) are eligible for parole after serving one-third of their sentences. If a prisoner is serving 6 months or longer, a parole hearing is automatically scheduled prior to their prisoner's parole eligibility date. Prisoners serving less than 6 months need to apply for a parole hearing, as there may not be enough time for a parole hearing to be held prior to their release. Before a parole hearing,...
Libraries can be an important way for prisoners to access legal and non-legal reading materials. Below are some things to know: Not all provincial jails have libraries. In provincial jails where there is a library, prisoners generally get weekly access to reading materials at a particular location or through library parades. If there is no library program, prisoners can submit request forms to ask for particular books or special reading...
Most prisoners in provincial jail have been charged with or convicted of a criminal offence, but individuals can also be imprisoned for failing to pay child and/or spousal support arrears. Imprisonment can be different for individuals who have not paid arrears, opposed to those convicted of criminal offences. Judges can order a debtor be imprisoned continuously or intermittently for up to 180 days. However, this can be avoided or shortened by...
Mail can be an important way for provincial prisoners to maintain contact with their loved ones. Below are some things to know about mail in the provincial system: Prisoners receive a limited amount of free supplies to send letters. On admission, prisoners receive paper to send one letter at no cost. After that, prisoners receive paper to send two letters weekly at no cost. Prisoners can send more letters, but they need to buy the paper,...
There are a number of halfway houses across Ontario that offer support for prisoners on day parole. However, even if a prisoner is granted day parole and has the support of a halfway house, it does not mean that the prisoner will be released on parole immediately. A prisoner granted day parole to a halfway house needs to wait for a bed to become available. In some cases, a bed will be available for a prisoner in a few days, but often it can...
