When offenders have issues with Correctional Service Canada staff members and decisions, they can go through the offender complaint and grievance process. Below are a few things to know: Inmates on parole may also file a complaint or grievance. The system doesn't just apply to those still in prison. The inmate complaint and grievance process has three levels. First, there is a written complaint to the supervisor of the staff member at issue....
Inmates seeking to get records from the Correctional Service of Canada (CSC) can make requests under the Access to Information Act. Below are a few points relevant to federal inmates making requests under the act: Any information the government controls can be requested. Requests do not need to be limited to paper documents; information in any medium or form can be requested. This includes videotapes, audio recordings, emails, pictures, etc. An...
Overview In Canada (Attorney General) v Fabrikant, 2019 FCA 198, Stratas JA declared the respondent, Mr. Fabrikant, to be a vexatious litigant. Stratas JA discontinued his ongoing proceedings and barred him from bringing new proceedings without leave of the Court. Mr. Fabrikant is a federal inmate, who has commenced numerous court proceedings during his incarceration. Two other courts had already found Mr. Fabrikant to be vexatious. Mr....
In Canada (Attorney General) v Samuel, 2019 ONCA 555, the Ontario Court of Appeal held that costs cannot be awarded in habeas corpus applications brought to challenge parole revocation decisions. These applications are criminal rather than civil in nature. Section 135 of the Corrections and Conditional Release Act indicates that parole revocation is about the protection of society, which is a criminal law purpose. As such, costs cannot be...
If an offender receives new charges and is convicted, it may push back the offender’s parole eligibility date. How parole eligibility dates are calculated is a correctional law matter dealt with in the Corrections and Conditional Release Act. The parole eligibility rules for those convicted of additional sentences are set out in sections 120.1, 120.2, and 120.3. The method used to calculate the new parole eligibility date depends on whether...
Before a decision is made to transfer an offender to a higher security institution, the offender is entitled to provide a rebuttal. This is the offender’s opportunity to explain why the transfer should not go ahead. The transfer may still go ahead, but a well-prepared rebuttal can help challenge the transfer decision later on. Here are a few tips to help draft an effective rebuttal: Look at why the “Assessment for Decision” says the...
On June 26, 2019, the British Columbia Court of Appeal confirmed that the administrative segregation provisions of the Corrections and Conditional Release Act, S.C. 1992, c. 20, ss 31-37 are unconstitutional. The Court of Appeal upheld the trial judge's finding that the provisions violate section 7 of the Charter and should be struck down. The Court of Appeal agreed that the provisions violate section 7 because they allows for indefinite and...
Food and accommodations cost money. After the intake assessment, offenders typically have to contribute part of their work pay (22%) and part of their other sources of income (normally 30%). There is also an 8% deduction for maintaining the phone system. However, some offenders may be exempt from paying or only have to pay a reduced amount. Inmates have two distinct accounts: current and savings. The current account is used for...
Following a constitutional challenge to the administrative segregation scheme (currently under reserve at the British Columbia Court of Appeal), the Correctional Service of Canada amended its directive on administrative segregation. Below is a summary of the main changes: Elder visits. An Elder will be designated to visit inmates and provide ongoing counselling services, if requested. Access to lawyers. CSC must allow lawyers to be present at...
If prisoners don’t follow their parole or statutory release conditions, then their parole or statutory release can be suspended. Note that parole or statutory release can also be suspended for other reasons, including: To prevent a breach of a condition; To protect society; or If the prisoner receives an additional sentence (other than a conditional sentence being served in the community or an intermittent sentence) are automatically...
