Food and accommodations cost money. After the intake assessment, offenders typically have to contribute part of their work pay (22%) and part of their other sources of income (normally 30%). There is also an 8% deduction for maintaining the phone system. However, some offenders may be exempt from paying or only have to pay a reduced amount. Inmates have two distinct accounts: current and savings. The current account is used for...
Following a constitutional challenge to the administrative segregation scheme (currently under reserve at the British Columbia Court of Appeal), the Correctional Service of Canada amended its directive on administrative segregation. Below is a summary of the main changes: Elder visits. An Elder will be designated to visit inmates and provide ongoing counselling services, if requested. Access to lawyers. CSC must allow lawyers to be present at...
Every institution has slightly different procedures for prison visits, but the following points apply to many institutions: You’ll have to sign in at the entrance—make sure you have photo ID. If you have any unauthorized property, you’ll need to lock it up. Some institutions have lockers—bring a quarter to use one. A correctional officer may swab your clothing or accessories, which is run through an IONSCAN device to...
What are private family visits (PFVs)? PFVs are visits that occur in a prison, but in separate areas inside the prison where inmates can privately visit with family members or those the inmate has a close personal relationship with. These visits are for up to 72 hours every 2 months. Who is eligible? Offenders are eligible unless they are: at risk for family violence, participating in unescorted temporary absences for family contact purposes,...
Overview In Sharif v Canada (Attorney General), 2018 FCA 205, Stratas JA overturned the conviction of the appellant, who had been convicted by the Warkworth Institutional Disciplinary Court for “fight with, assault or threaten to assault another person” under paragraph 40(h) of the Corrections and Conditional Release Act, SC 1992, c 20. The appellant filed a motion for judicial review, and the decision was upheld by the Federal Court....
Generally, security classification decisions are made by the Institutional Head or District Director. However, there are some exceptions. For example, the Assistant Commissioner makes the initial classification decision for those serving life sentences for murder and terrorism who are classified as minimum or medium security, as well as for dangerous offenders initially classified as minimum security. These decisions are based on recommendations...
Sometimes it can seem like it takes a long time for an inmate to see a lawyer or a visit may get cancelled last minute without the inmate knowing why. A lot goes into even a quick visit with a lawyer, and below are a few things to remember: Visits need to be booked in advance, and it usually takes a few days to a couple of weeks to arrange a visit through CSC. Different institutions have different rules about when lawyers can visit, how long...
In an endorsement dated May 3rd, 2018, a judge of the Superior Court of Justice granted costs to the applicant in Dupuis v Attorney General of Canada, a habeas corpus application. The applicant was released on parole, but it was later suspended. Accordingly, she was taken back into custody to await a post-suspension hearing. The Parole Board of Canada failed to schedule a post-suspension hearing before the applicant's new statutory release date....
Overview In Boulachanis v Canada (Attorney General), 2019 FC 456, Grammond J ordered the Correctional Service of Canada to transfer a transgender inmate. The inmate was being held at Donnacona Institution, and CSC had denied her request to be transferred to a women's institution. She was also placed in administrative segregation on the basis of threats made against her life and safety. The inmate brought an application for judicial review to...
Pre-sentence reports can have consequences well beyond sentencing, especially for offenders serving custodial sentences. It's important to be aware of the correctional law implications and address any issues with PSRs as early as possible. What is a pre-sentence report? Pre-sentence reports (PSRs) provide the sentencing judge with a biography of the offender, including his/her family situation, lifestyle, attitudes, etc. PSRs outline factors...