In response to COVID-19, the Parole Board of Canada has adopted some interim measures. Many of the changes are simply procedural. Hearings are now conducted via videoconference or teleconference, observers are not allowed to attend (except for victims), and lawyers attend by teleconference. However, there are some notable substantive changes as well. First, Elder-Assisted hearings are suspended, since they can only be conducted in-person with...
Unlike in the provincial correctional system, there haven't been any substantial changes in the federal correctional system to help decarcerate prisons and slow the spread of COVID-19. However, there are still mechanisms in place that could be used to get federal prisoners out of custody during the pandemic. Parole by exception is one option, but it can be challenging to meet the legal criteria. Moreover, it can take time for Correctional...
On April 20, 2020, Simon Borys was quoted in The Star on how COVID-19 is impacting the availability of beds in halfway houses, see story here.
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Because of COVID-19, prisoners may experience delays being transferred to federal institutions. Offenders who are sentenced to 2 years or more are supposed to serve their sentences in federal institutions. Generally, prisoners with federal sentences are supposed to be held in provincial jails for at least 15 days following sentencing, which is to help the prisoner file an appeal or attend to personal matters. After that, the prisoners are...
Prisoners, parolees, and those under long-term supervision orders residing at Community Correctional Centers ("CCCs") and Community Residential Facilities ("CRF") have been seeing their leave privileges cancelled in light of COVID-19. Correctional Service Canada appears to be directing (at least some) CCCs and CRFs to limit movement in and out of facilities. As a result, some individuals are reporting that overnight and weekend absences have...
Legal Aid Ontario recently announced changes to its funding for temporary absence applications for prisoners in federal and provincial institutions. The funding now applies to temporary absences or "other release remedies" that can address the increasingly dangerous conditions COVID-19 has created within prisons and jails. Lawyers can fill out an application on behalf of their clients, which will be processed without merit or financial testing....
Habeas corpus can be used to challenge a deprivation of liberty, and it requires that an application be brought in the Superior Court. COVID-19 presents unique challenges to anyone looking to bring such an application. In light of COVID-19, the Ontario Superior Court of Justice has largely suspended operations. An updated notice was released on April 2, 2020, advising of how the Superior Court would operate during the...
In response to the COVID-19 outbreak, Correctional Service Canada has been suspending programming in institutions across the country. Programming is meant to assist with the rehabilitation and reintegration of prisoners, and it's important for lowering prisoners' risk factors. Providing programming is an essential role of the Service, as outlined in the Corrections and Conditional Release Act, SC 1992, c 20, s 3(b), 4(c.2). Offenders who haven't...
In response to the COVID-19 pandemic, Legal Aid Ontario is now allowing lawyers to apply for funding for clients seeking Temporary Absence Permits ("TAPs"). TAPs enable inmates serving sentences of less than 2 years to be released into the community before their parole eligibility dates. TAPs can be granted for anywhere from several hours to several weeks. During the COVID-19 pandemic, TAPs are a useful tool to reduce the number of people in...
During the COVID-19 pandemic, it's worth remembering that inmates can be granted day parole to a private residence. Under the Corrections and Conditional Release Act, the Parole Board of Canada can grant day parole to a penitentiary/jail, community-based residential facility, or an "other location". Other location includes a private home or private facility. Day parole to a private residence is different than full parole. A curfew and other...
