Provincial inmates looking to get released into the community before their parole eligibility date can apply for Temporary Absences Permits ("TAPs"). A TAP is a privilege granted for a particular purpose. The grounds for applying for a TAP are listed on the Temporary Absence Application: Education Treatment (medical) Compassionate (humanitarian) Community work Employment Rehabilitation Reintegration Other Inmates can check off one or more...
The COVID-19 outbreak may provide an opportunity for some federal inmates to obtain early parole, also known as parole by exception. Federal inmates are given their day and full parole eligibility dates when they enter custody. However, inmates can be released earlier under the Corrections and Conditional Release Act in certain circumstances. Section 121(1) says that "parole may be granted at any time" if: The inmate is terminally ill; The...
In response to the COVID-19 outbreak, changes are being made to the Temporary Absence Permit ("TAP") procedure set out in Regulation 778 under the Ministry of Correctional Services Act. These amendments will: Allow senior corrections officials to grant TAPs for periods longer than 72 hours (previously, the Ontario Parole Board had to authorize any TAP longer than 72 hours); and Allow the Ontario Parole Board to conduct hearings electronically or...
In Ontario, provincial inmates can apply for Temporary Absence Permits ("TAPs"), which could take on a more important role during the COVID-19 outbreak. TAPs allow inmates to leave the institution for a certain period of time, but only if the decision-maker believes "it is necessary or desirable that an inmate be temporarily absent from a correctional institution for medical or humanitarian reasons or to assist the inmate in his or her...
Inmates can continue to submit applications for parole, temporary absences, etc., and they are entitled to have a hearing or review in the timeline set out in the relevant statute or regulation. COVID-19 does not impact inmates' eligibility for parole or temporary absences. At the moment, provincial and federal parole hearings are continuing during the COVID-19 outbreak. Inmates are entitled to proceed with their scheduled hearings, and they...
Offenders who are convicted abroad and transferred to Canada under the International Transfer of Offenders Act are eligible for parole. Parole eligibility is calculated differently for offenders who have been transferred. An offender is eligible for day and full parole after serving the lesser of a) 7 years, or b) 1/3 of their sentence (the total sentence minus any credits earned in the foreign country). Once transferred, offenders may need to...
1. What is a detention review hearing? Offenders serving federal sentences are entitled to be released after serving 2/3 of their sentence, unless the Parole Board of Canada decides to detain an offender until the end of their sentence . A hearing is held to decide if the offender should be detained and on what conditions. The Board can order that an offender on statutory release reside in a halfway house, psychiatric facility, or penitentiary....
1. The segregation rules are different for provincial jails than federal prisons. Different laws apply to these different institutions. The segregation provisions of the Corrections and Conditional Release Act (which apply only to federal inmates) are currently under appeal at the Supreme Court of Canada. 2. The Superintendent of a jail can place an inmate in segregation if the Superintendent believes: The inmate is in need of protection The...
Earned remission allows offenders serving custodial sentences to be release prior to the end of their sentences. Earned remission for federal inmates (those serving sentences of 2+ years) was abolished for those sentenced after November 1, 1992. It was replaced with statutory release, which results in offenders being released from prison upon serving 2/3 of their sentences. This applies unless a detention order is sought to keep an offender in...
The waiting period depends on whether the Crown proceeded summarily or indictably. Indictable offences are more serious and carry higher maximum sentences. If the Crown proceeded summarily, then the waiting period is 5 years. If the Crown proceeded by indictment, then the waiting period is 10 years. (If you're unsure of how the Crown proceeded, contact the court where your matter was prosecuted to get more information.) Note that the waiting...
