While Correctional Service Canada has the ultimate say over most decisions affecting inmates, inmates are often entitled to make representations. This means that inmates are statutorily entitled to present arguments to the decision-maker. Even if the decision-maker isn't convinced by the inmate's arguments, the failure to meaningfully respond to those arguments in the decision can be a ground to later challenge the decision. Inmates are...
If a removal order under the Immigration and Refugee Protection Act has been made against an inmate, then that inmate is ineligible for day parole or Unescorted Temporary Absences ("UTAs") until their full parole eligibility date. A deportable inmate can be deported once they reach their full parole eligibility date, if granted either UTAs or parole. The Parole Board of Canada can grant parole even if the offender does not consent. If a removal...
Federal inmates have the right to certain legal services, which are set out in section 97 of the Corrections and Conditional Release Regulations. This includes: The right to retain and instruct counsel. This applies when an inmate is arrested, placed in administrative segregation, recommended for an involuntary transfer, or transferred on an emergency basis. Typically, inmates in these circumstances will be allowed to speak to a lawyer over the...
Inmates on day parole are required to return to a penitentiary, community-based residential facility, provincial correctional facility, or other location each night or at another specified interval. On November 15, 2018, the Parole Board of Canada updated the Decision-Making Policy Manual to allow inmates to apply for day parole to a private residence or private facility (nursing home, treatment center, etc.). Private residences classify as an...
There are three factors that Correctional Service Canada considers when deciding whether to classify an inmate as minimum, medium, or maximum security: Institutional adjustment: this refers to the inmate's behaviour while incarcerated, and CSC will consider Violent incidents while in custody Reports from staff about the inmate's behaviour Behaviour while in intake and provincial/territorial custody Membership in any gang/criminal organization...
What are they? Correctional Service Canada gives the STG label to inmates who are believed to be part of an offender group, gang, association, or organization with 3+ members. This includes street gangs, prison gangs, outlaw motorcycle gangs, traditional organized crime, Aboriginal gangs, white supremacy groups, subversive groups, terrorist organizations, and hate groups. How does an inmate get labelled with an STG affiliation? A CSC Security...
Federal inmates can apply for Escorted Temporary Absences (ETAs) and Unescorted Temporary Absences (UTAs). But provincial inmates (those serving sentences less than two years) apply for what is known as Temporary Absence Permits ("TAPs"). TAPs allow inmates to leave the institution they are at to go to work, attend school, seek medical treatment, attend to family responsibilities, participate in community programs, etc. The Superintendent...
Federal inmates may be permitted to attend a funeral outside of prison. Inmates need to apply for a temporary absence to do so, either an escorted temporary absence (ETA) or an unescorted temporary absence (UTA). On an ETA, inmates are accompanied by Correctional Service Canada staff and/or law enforcement. Temporary absences can be granted for compassionate reasons, including to attend a funeral. The funeral must be for a member of the inmate's...
Offenders serving sentences in federal institutions are eligible for “escorted temporary absences” (ETAs). What are ETAs? ETAs are one of three forms of temporary absence available to inmates (the others are unescorted temporary absences and work release). On ETAs, inmates are allowed to leave the institution (alone or as part of a group) accompanied by correctional staff. ETAs can be granted for medical, administrative, community service,...
On October 20, 2019, Simon Borys gave a presentation on correctional law at the 31st DCAO/CCLA Criminal Law Conference. He presented his paper "A Practical Guide to Correctional Law Issues", which can be found here. Past performance is not indicative of future results, and outcomes will vary according to the facts of individual cases. This site is intended for information purposes only. None of the information on this site should be considered...
