If a young person receives a youth sentence, then they will generally serve it in a youth correctional facility. Once the youth turns 18 years old, then an application can be brought by the provincial director to authorize the transfer of the young person to a provincial correctional facility for adults (if it's in the best interests of the young person or in the public interest). A youth justice can also authorize a transfer to a penitentiary,...
Prisoners in federal penitentiaries may be required to attend court for a variety of reasons. A prisoner may face new charges while imprisoned, be called as a witness, need to attend a family or civil proceeding, etc. In some cases, prisoners can be transferred to another correctional facility to attend court in-person. Below are some things to know about transfers for court attendance: A federal prisoner can be transferred to another prison or...
Correctional Service Canada ("CSC") recognizes that education is important for rehabilitation and reintegration. Teaching certification and standards are regulated by provinces and territories, so programs may differ between prisons. However, CSC does try to maintain a standard level of service and consistency across the country. Here are some points to know about education in prison: Prisoners' education needs are determined during the...
Dangerous Offenders serving indeterminate sentences are eligible for parole 7 years from the time they were taken into custody. This does not mean that Dangerous Offenders will necessarily receive parole after 7 years. This only means that Dangerous Offenders are entitled to have their cases reviewed by the Parole Board of Canada, who will either grant or deny parole. If a Dangerous Offender serving an indeterminate sentence is denied parole,...
Correctional Service Canada is required to provide to certain parties all information under its control that is relevant to release decision-making or the supervision/surveillance of prisoners. This includes the Parole Board of Canada, as well as provincial governments, provincial parole boards, police, and any other bodies that are authorized by the Service with supervising prisoners. The Service may be required to give police certain...
Under the Corrections and Conditional Release Act, Correctional Service Canada "shall take all reasonable steps to ensure that any information about an offender that it uses is as accurate, up to date and complete as possible." This provision is part of a prisoner's rights package, and it recognizes CSC makes better decisions about prisoners when information is accurate, up to date, and complete. If a prisoner believes there is an error or...
The Parole Board of Canada offers certain accommodations for prisoners who do not speak English. The Parole Board of Canada can hold hearings in English or French. Prisoners should ensure that their Parole Officer is aware of their preference well in advance of their hearing and check off the appropriate box on their parole application. Prisoners who do not have an adequate understanding of French or English are entitled to an interpreter. The...
Accelerated Parole Review ("APR") allows earlier parole for non-violent first-time federal prisoners. Prisoners eligible for APR can be released on parole after serving 1/6 of their sentence or 6 months, whichever is longer. In 2011, APR was abolished. However, the Supreme Court of Canada in Canada (Attorney General) v Whaling ruled that the retrospective application of the legislation abolishing APR violated section 11(h) of the Charter. So...
Correctional Service Canada ("CSC") staff members (or medical practioners in the case of body cavity searches) can seize contraband or evidence related to a disciplinary or criminal offence. In addition, employees of community-based residential facilities who conduct authorized searches may seize evidence of a violation of a prisoner's release conditions. The person from whom the item is seized is supposed to be issued a receipt. Seized items...
Prisoners in federal prisons may be able to take both core and voluntary programs. Core programs are those implemented by Correctional Service Canada ("CSC") that the prisoner's Parole Officer recommends the prisoner to take. These programs are meant to help prisoners address their risk factors to reduce their risk of reoffending. Not all prisoners are recommended to take a core program. CSC uses the Integrated Correctional Program Model...
