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...
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....
On February 13, 2020, the Supreme Court of Canada granted leave to appeal two cases challenging the solitary confinement provisions of the Corrections and Conditional Release Act. The leave decisions can be found here and here. <h6><span style="color: #cf8f11;">Past performance is not indicative of future results, and outcomes will vary according to the facts of individual cases. This site is intended for information purposes only....
Each institution has rules on what items are allowed in private family visits ("PFVs"). The correctional officers and managers in the Visits and Correspondence Department have the final call on what items can be brought in. The following are a few of the items that are generally not allowed in PFVs: Electric appliances and battery operated devices (including hair dryers, straighteners, cameras, and cellphones) Money Food (including gum and...
1. Correctional Service Canada can require federal inmates to use electronic monitoring devices. Electronic monitoring is to ensure compliance with a special condition that restricts the inmate from leaving or going to a particular geographic area. Electronic monitoring can be used to track an inmate on a temporary absence, work release, parole, statutory release, or long-term supervision. An inmate will need to wear the device full-time or...
While Correctional Service Canada has the ultimate say over most decisions affecting inmates, inmates are often entitled to make representations. This means that inmates are statutorily entitled to present arguments to the decision-maker. Even if the decision-maker isn't convinced by the inmate's arguments, the failure to meaningfully respond to those arguments in the decision can be a ground to later challenge the decision. Inmates are...
Federal inmates have the right to certain legal services, which are set out in section 97 of the Corrections and Conditional Release Regulations. This includes: The right to retain and instruct counsel. This applies when an inmate is arrested, placed in administrative segregation, recommended for an involuntary transfer, or transferred on an emergency basis. Typically, inmates in these circumstances will be allowed to speak to a lawyer over the...
There are three factors that Correctional Service Canada considers when deciding whether to classify an inmate as minimum, medium, or maximum security: Institutional adjustment: this refers to the inmate's behaviour while incarcerated, and CSC will consider Violent incidents while in custody Reports from staff about the inmate's behaviour Behaviour while in intake and provincial/territorial custody Membership in any gang/criminal organization...
