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...
Correctional authorities are responsible for the health and safety of inmates. This is a statutory duty of Correctional Service Canada (for federal inmates) and the Ministry of Corrections (for provincial inmates). Outbreaks in correctional institutions across Canada raise the issue of whether institutions are doing enough to protect inmates, as well as what can be done when institutions fail to protect prisoners. In Latham v Canada, 2020 FC...
In response to COVID-19, many community residential facilities (aka halfway houses) are implementing policies and house directives that limit residents' curfews, leave privileges, and access to the community. A prisoner granted parole or released with a residency condition (on statutory release or on a Long-Term Supervision Order ("LTSO")) is required to follow house rules. Failure to follow house rules, no matter how restrictive they are, could...
In response to COVID-19, Correctional Service Canada has suspended in-person visits across the country, which includes visits with legal counsel. It's unclear how long this measure will be in place. In the meanwhile, CSC has put in place interim measures to allow prisoners to access counsel. These include: Allowing prisoners to add toll free numbers for lawyers' offices on their phone card; Allowing prisoners to exceed the cap of 40 numbers on...
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...
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...
