Prisoners in provincial jails in Ontario can purchase items from their institution's canteen. Items must be purchased using money held in the prisoner's trust account. This account consists of the money the prisoner had in their possession on their admission to the institution and any money the prisoner receives while incarcerated. Family and friends seeking to provide a prisoner with canteen money should contact the prisoner's institution,...
Correctional Service Canada staff members are entitled to search cells and their contents in certain circumstances. However, CSC staff members are only supposed to search cells to the extent reasonably required for security purposes. If a staff member believes on reasonable grounds that contraband or evidence of an offence is in a cell, then the cell can be searched. A supervisor must first authorize the search, and another staff member is to be...
Earned remission allows provincial prisoners to be released prior to their warrant expiry date. Prisoners can be credited with 15 days of remission for each month served, which they can earn by obeying prison rules and conditions governing temporary absences, as well as for participating in programs. Prisoners do not accumulate earned remission while on parole. Prisoners can lose part or all of their earned remission if they are found to have...
Prisoners in provincial correctional facilities in Ontario are eligible to apply for temporary absence permits. These allow prisoners to be released into the community for some period of time, which could be anywhere from several hours up to 60 days. The decision to grant or deny an application can be made by the Ontario Parole Board, the Superintendent of the correctional facility the prisoner is incarcerated, or select other individuals in...
Parole Board of Canada hearings have generally moved to WebEx, which has created some challenges. For example, Elder-assisted hearings may not be available for Indigenous prisoners. In Elder-assisted hearings, those involved traditionally sit in a circle and an Elder is present to perform cultural protocols and spiritual ceremonies. Elders can provide the Board members with information about the culture and tradition of the prisoner's Indigenous...
The Parole Board of Canada has the power to impose conditions on federal prisoners on statutory release. Below are a few things to know about the Board's powers with respect to residency conditions: The Board can impose a residency condition on a prisoner on statutory release in order to facilitate the prisoner's reintegration. This means the prisoner would be required to reside in a community-based residential facility or psychiatric facility....
In certain circumstances, individuals who are convicted of a criminal offence (or offences) can be subjected to a Long-Term Supervision Order ("LTSO"). An LTSO can be made if an individual has committed an offence and it would be appropriate to impose a custodial sentence of 2+ years. There must also be a substantial risk that the individual will reoffend, but a reasonable possibility of eventual control of the risk. The criteria is set out in...
When a federal prisoner who is on parole or statutory release is suspended, the prisoner is taken into custody and must await a post-suspension hearing. If revoked, the prisoner's statutory release date is recalculated. The Corrections and Conditional Release Regulation ("CCRR") only requires the Parole Board of Canada to conduct a hearing within 90 days of the prisoner's return to a penitentiary. The clock does not start to run if the...
The Parole Board of Canada announced this week that Parole Board of Canada hearings are moving to WebEx. Prior to COVID-19, hearings occurred in-person, with Board Members, parole officers, lawyers, and observers generally attending in-person. Since the pandemic began, hearings have been conducted through a mix of audioconferencing and videoconferencing, and the Board has had a more limited ability to allow observers to attend (e.g. prisoners'...
The Ontario Parole Board makes decisions about parole and (in some cases) temporary absences for prisoners serving sentences of less than 2 years. Prisoners who disagree with a decision of the Board can write to the Chair of the Board for reconsideration. The Chair can either grant a review hearing or uphold the original decision. A new hearing may be granted if the hearing was unfair, there was an error in the decision, the prisoner has new...
