1. The Parole Board of Canada ("PBC") is an independent administrative tribunal. The PBC is separate from Correctional Service Canada ("CSC"). CSC is responsible for managing prisoners' sentences, and CSC makes recommendations to the PBC regarding parole, temporary absences, etc. However, the PBC makes the finally decision. 2. Board Members come from a range of backgrounds. These include criminology, policing, business, education, law, social...
Prisoners are responsible for the safekeeping of the property in their possession. When the Service is responsible for the safekeeping of prisoner property, they must take all reasonable steps to protect prisoners' property. Correctional Service Canada has the discretion to compensate prisoners for property that is lost or damaged. Prisoners submit a claim form, and the decision-maker will decide if the claim is accepted and how much will be...
Disciplinary/institutional charges are different than criminal charges. Prisoners who commit a criminal act can be charged under the Criminal Code, and the matter would be tried in a court. Federal prisoners can also receive disciplinary charges, which are administrative proceedings not dealt with in court. Staff members handle minor charges, and an Independent Chairperson handles serious charges. In Disciplinary Court, witnesses can give...
In response to COVID-19, Correctional Service Canada has enacted various policies. One of these policies allows for medical isolation to avoid prisoners who have the virus spreading it to others. Medical isolation is required for: Prisoners coming into prison (following sentencing or on a suspension/revocation) Prisoners who have symptoms of COVID-19 Prisoners who have been diagnosed with COVID-19 Prisoners who have been in close contact with...
The Parole Board of Canada may grant a prisoner parole, but the prisoner may not be released for several days or weeks. Prisoners may need to wait for a bed at a Community Residential Facility to open up, transportation to be arranged, etc. If a prisoner gets into trouble between getting parole and being released, then their parole officer may provide that information to the Board. The Board then has the ability to cancel the prisoner's parole....
Federal prisoners are assessed over several weeks or months after they are transferred to a federal penitentiary. The prisoner's parole officer then recommends a security classification (minimum, medium, or maximum) and penitentiary to place the prisoner in. The final classification/placement decision is generally made by the Warden. Before a final decision is made, prisoners are entitled to rebut the recommendations. A prisoner may wish to...
Federal prisoners and media should be aware that Correctional Service Canada has a policy on media relations. Media representatives are supposed to inform CSC prior to conducting media activities, including interviews. Prisoners are also responsible for updating their Parole Officers about interviews and other media activities. The Warden or District Director must give final approval, in consultation with the Regional Deputy Commissioner. To...
Judicial review is one of the the mechanisms that prisoners can use to challenge decisions of Correctional Service Canada. Judicial review can be technical, and it is important to remember: Judicial review allows a judge to review an administrative decision. For prisoners, this could be a decision related to a penitentiary placement, disciplinary finding, refusal to accommodate a religious practice, file correction, temporary absence...
A prisoner can challenge a decision of the Parole Board of Canada by filing an appeal with the Appeal Division. This typically needs to be done within 60 days from when the decision was made. Prisoners can challenge a denial of parole or decision to detain them past their statutory release date. They can also appeal the conditions imposed on their conditional release. For example, a prisoner may want to appeal a residency condition, requirement...
In the provincial and federal correctional systems, prisoners can appeal if they are denied parole. The appeal needs to be sent to the Parole Board of Canada's Appeal Division (for federal prisoners) or to the Chair of the Ontario Parole Board (for provincial prisoners). If the decision is upheld after the internal appeal, there is still the option of pursing judicial review. Prisoners can also reapply for parole. However, there may be a waiting...
