Correctional Service Canada is required to provide to certain parties all information under its control that is relevant to release decision-making or the supervision/surveillance of prisoners. This includes the Parole Board of Canada, as well as provincial governments, provincial parole boards, police, and any other bodies that are authorized by the Service with supervising prisoners. The Service may be required to give police certain...
Under the Corrections and Conditional Release Act, Correctional Service Canada "shall take all reasonable steps to ensure that any information about an offender that it uses is as accurate, up to date and complete as possible." This provision is part of a prisoner's rights package, and it recognizes CSC makes better decisions about prisoners when information is accurate, up to date, and complete. If a prisoner believes there is an error or...
Correctional Service Canada ("CSC") staff members (or medical practioners in the case of body cavity searches) can seize contraband or evidence related to a disciplinary or criminal offence. In addition, employees of community-based residential facilities who conduct authorized searches may seize evidence of a violation of a prisoner's release conditions. The person from whom the item is seized is supposed to be issued a receipt. Seized items...
Prisoners in federal prisons may be able to take both core and voluntary programs. Core programs are those implemented by Correctional Service Canada ("CSC") that the prisoner's Parole Officer recommends the prisoner to take. These programs are meant to help prisoners address their risk factors to reduce their risk of reoffending. Not all prisoners are recommended to take a core program. CSC uses the Integrated Correctional Program Model...
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...
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 federal government announced its plan to vaccinate 600 elderly and vulnerable federal prisoners. The Correctional Service of Canada has begun vaccinating prisoners, which is an important step to help control the spread of COVID-19, both in prisons and the community at large. While the government's announcement has not been without controversy, there are a number of reasons why it is important to vaccinate prisoners: Prisons are at higher...
If a federal prisoner on parole or statutory release is suspended, the prisoner will be taken into custody. If the suspension isn't cancelled by Correctional Service Canada, then the prisoner will have a post-suspension hearing before the Parole Board of Canada. The Board will either cancel the suspension (and release the prisoner back on parole or statutory release) or revoke the prisoner's release. A hearing must be held within 9o days of the...
