Simon Borys was recently interviewed for an article in The Lawyers Daily about the crisis in federal correctional institutions due to the programming backlog Simon is quoted in the article as saying:
“This has been a problem for almost all of my clients, at every federal institution, since the pandemic started. Programs are either cancelled, or running with reduced class sizes, and there are often delays when units are shut down due to COVID...
Simon Borys was recently interviewed for an article in The Lawyers Daily about R v Bissonnette, the recent case from the Supreme Court that dealt with the constitutionality of stacked life sentences. Simon intervened in the case on behalf of the Canadian Prison Law Association." Simon is quoted in the article as saying:
"their client “is very pleased” with the decision. “The facts of this case, as with all cases of multiple murders, are...
Libraries can be an important way for prisoners to access legal and non-legal reading materials. Below are some things to know: Not all provincial jails have libraries. In provincial jails where there is a library, prisoners generally get weekly access to reading materials at a particular location or through library parades. If there is no library program, prisoners can submit request forms to ask for particular books or special reading...
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,...
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...
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...
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'...
Prisoners can appeal decisions of the Parole Board of Canada to the Appeal Division. In addition to appealing a denial of parole, prisoners can also appeal the conditions imposed on parole or statutory release. Prisoners need to submit their appeals within two months from the hearing date (due to COVID-19, this time frame has temporarily been extended). Appeals that are submitted late will only be accepted at the discretion of the...
