In Ontario, provincial inmates can apply for Temporary Absence Permits ("TAPs"), which could take on a more important role during the COVID-19 outbreak. TAPs allow inmates to leave the institution for a certain period of time, but only if the decision-maker believes "it is necessary or desirable that an inmate be temporarily absent from a correctional institution for medical or humanitarian reasons or to assist the inmate in his or her...
1. The segregation rules are different for provincial jails than federal prisons. Different laws apply to these different institutions. The segregation provisions of the Corrections and Conditional Release Act (which apply only to federal inmates) are currently under appeal at the Supreme Court of Canada. 2. The Superintendent of a jail can place an inmate in segregation if the Superintendent believes: The inmate is in need of protection The...
Earned remission allows offenders serving custodial sentences to be release prior to the end of their sentences. Earned remission for federal inmates (those serving sentences of 2+ years) was abolished for those sentenced after November 1, 1992. It was replaced with statutory release, which results in offenders being released from prison upon serving 2/3 of their sentences. This applies unless a detention order is sought to keep an offender in...
A judge can impose a probation order in addition to a fine or term of imprisonment, but only if the term of imprisonment is less than 2 years. A probation order generally comes into force on the day the order is made, meaning the sentencing date. However, individuals who are imprisoned are treated differently. The clock runs from the time the offender is released or (if granted conditional release) at the end of the sentence of imprisonment. A...
Federal inmates can apply for Escorted Temporary Absences (ETAs) and Unescorted Temporary Absences (UTAs). But provincial inmates (those serving sentences less than two years) apply for what is known as Temporary Absence Permits ("TAPs"). TAPs allow inmates to leave the institution they are at to go to work, attend school, seek medical treatment, attend to family responsibilities, participate in community programs, etc. The Superintendent...
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...
An inmate is incarcerated in an institution run either by the federal government or the provincial government. Below is an overview of some of the major differences: Provincial institutions Federal institutions Who goes where?
Adults with sentences of imprisonment of less than 2 years Adults awaiting trial or sentencing Adults under parole supervision (if granted by the Ontario Parole Board) Adults held in immigration detention Adults...
