The Parole Board of Canada and Ontario Parole Board allow members of the public to attend parole hearings. Below are some things you should know if you're considering going to a hearing: Observers need to fill out a form before the hearing and get permission from the Board to attend: (PBC), (OPB). Submit your request early because it can take time to process request forms. Family and friends who support the offender can apply to attend a...
In an endorsement dated May 3rd, 2018, a judge of the Superior Court of Justice granted costs to the applicant in Dupuis v Attorney General of Canada, a habeas corpus application. The applicant was released on parole, but it was later suspended. Accordingly, she was taken back into custody to await a post-suspension hearing. The Parole Board of Canada failed to schedule a post-suspension hearing before the applicant's new statutory release date....
Overview In Boulachanis v Canada (Attorney General), 2019 FC 456, Grammond J ordered the Correctional Service of Canada to transfer a transgender inmate. The inmate was being held at Donnacona Institution, and CSC had denied her request to be transferred to a women's institution. She was also placed in administrative segregation on the basis of threats made against her life and safety. The inmate brought an application for judicial review to...
Pre-sentence reports can have consequences well beyond sentencing, especially for offenders serving custodial sentences. It's important to be aware of the correctional law implications and address any issues with PSRs as early as possible. What is a pre-sentence report? Pre-sentence reports (PSRs) provide the sentencing judge with a biography of the offender, including his/her family situation, lifestyle, attitudes, etc. PSRs outline factors...
Letters from friends, family, co-workers, etc. can increase an offender’s chances of being granted parole. While there is no specific format required, you should try to be organized, detailed, and honest. Below are five steps to help you prepare a letter of support: Step 1: Choose an appropriate format A typed letter is preferable, but a handwritten letter is fine (just write legibly) Date your letter Address the letter to “Dear Board...
An inmate is incarcerated in an institution run either by the federal government or the provincial government. Below is an overview of some of the major differences: Provincial institutions Federal institutions Who goes where?
Adults with sentences of imprisonment of less than 2 years Adults awaiting trial or sentencing Adults under parole supervision (if granted by the Ontario Parole Board) Adults held in immigration detention Adults...
Yes. Both federal and provincial inmates can challenge parole decisions, but the review mechanisms are different. Inmates can appeal a denial of parole, conditions imposed on parole, revocation decisions, detention orders, etc. Federal inmates Parole decisions for federal inmates are made by the Parole Board of Canada. Their decisions can be appealed if the Board: failed to observe a principle of fundamental justice; made an error of law;...
On April 12, 2019, Borys Law appeared before Justice Masse to respond to the federal and provincial Crowns' applications for a new bail hearing for a youth charged with terrorism offences. The youth was released to the care of two responsible persons on April 3rd, 2019, under section 31 of the Youth Criminal Justice Act. The Crowns subsequently requested a new bail hearing under section 33(1) of the Youth Criminal Justice Act. Justice Masse will...
Yes. The Correctional Service of Canada has the authority to transfer inmates to institutions across the country. If the offender doesn't want to move, then it's known as an involuntary transfer. What is the process for an involuntary transfer? A parole officer will complete an Assessment for Decision that will outline why a transfer is recommended The offender will be provided with the Assessment for Decision, notice of the transfer...
Federal inmates are assigned a PIN and phone card, and they can only make phone calls to those who are approved. Some numbers are automatically on the phone card though (e.g. the police). Federal inmates need to make a request to get somebody added to a call list. The approval process can take up to 15 days, so federal inmates might not be able to call family, friends, or their lawyers for the first few days or weeks of incarceration....
