In Dunn c Canada (Procureur général), 2019 CF 403, St-Louis J quashed a decision of the Parole Board of Canada (Appeal Division). The Appeal Division found that Mr. Dunn's refusal to cooperate with police was not a deciding factor in the Board's decision to deny him parole, which St-Louis J held was unreasonable. Background The applicant, Mr. Dunn, was convicted of second-degree murder and received a life sentence with a possibility of...
An Aboriginal offender may request to have his or her parole hearing in a different format. Federal inmates Elder-assisted hearings An Elder will be present to provide the Board with information about the culture and traditions of the Aboriginal population the offender is affiliated with (and possibly Aboriginal experiences and traditions more generally). The Elder may also perform Aboriginal cultural practices and/or spiritual ceremonies (for...
Federal inmates are eligible for several different types of release: Escorted temporary absences (“ETAs”)
Allow inmates to leave the institution for a set period of time with guards and/or other supervisors for medical, administrative, community service, family contact, parental responsibility, personal development (rehabilitation), or compassionate reasons. Unescorted temporary absences (“UTAs”)
Allow inmates to leave the institution...
Correctional Service of Canada documents use lots of acronyms and terms that can be hard to understand. Below is a list of some of the most common ones: FPS number – finger print serial number (this is an inmate’s unique ID number assigned by CSC) UTA – unescorted temporary absence ETA – escorted temporary absence DPE – day parole eligibility FPE – full parole eligibility SRD – statutory release date WED – warrant expiry date...
On October 17, 2018, Paul Bernardo, a dangerous offender serving a life sentence, was denied parole. Listen to Simon Borys give an interview commenting on Paul Bernardo's parole hearing: (starting at the 50 minute mark). 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...
On November 14, 2018, Simon Borys intervened, on behalf of the Canadian Prison Law Association, in the case of Minister of Public Safety and Emergency Preparedness, et al v Tusif Ur Rehman Chhina. Mr. Chhina was in immigration detention pending deportation for 10 months. He sought a writ of habeas corpus on the basis of his lengthy and indeterminate detention. The Court of Queen's Bench of Alberta declined to exercise its jurisdiction to hear...
On March 28, 2019, the Ontario Court of Appeal released Canadian Civil Liberties Association v Canada, 2019 ONCA 243. The court considered whether administrative segregation, which is used to maintain the safety and security of institutions or conduct investigations, amounts to cruel and unusual punishment. Justice Benotto, writing for the court, held that sections 31-37 of the Corrections and Conditional Release Act, SC 1992, c 20 violate...
Federal institutions have lots of rules about visiting inmates. Below are a few of the things you should know before visiting prison: Inmates have a right to visits, but there are limits. For example, visits might be restricted if the inmate is in segregation or if the visitor poses a risk to the institution. In some cases, only non-contact visits may be permitted. Visitors must be approved. An application form needs to be filled out every two...
After a bail hearing spanning three days, Justice of the Peace Kreling of the Ontario Court of Justice decided to release a youth charged with terrorism offences. The youth, represented by Borys Law and Sean Ellacott, was released to the care of two responsible persons. Simon Borys, who has been leading the defence, commented to CBC: "I understand the concern that people may have given the nature of the allegations — all I can say is that we...
This week Borys Law received an Order signed by Her Excellency, the Governor General of Canada, granting the Royal Prerogative of Mercy, pardoning a client for 33 offences. This relates to a case Simon Borys argued before the Parole Board of Canada back in 2016. After the hearing, the Parole Board made its recommendation to the Minister of Public Safety, who then made the request to the Governor General to issue the Order. Statistics...
