Prisoners in provincial correctional facilities in Ontario are eligible to apply for temporary absence permits. These allow prisoners to be released into the community for some period of time, which could be anywhere from several hours up to 60 days. The decision to grant or deny an application can be made by the Ontario Parole Board, the Superintendent of the correctional facility the prisoner is incarcerated, or select other individuals in...
The Ontario Parole Board makes decisions about parole and (in some cases) temporary absences for prisoners serving sentences of less than 2 years. Prisoners who disagree with a decision of the Board can write to the Chair of the Board for reconsideration. The Chair can either grant a review hearing or uphold the original decision. A new hearing may be granted if the hearing was unfair, there was an error in the decision, the prisoner has new...
In the provincial and federal correctional systems, prisoners can appeal if they are denied parole. The appeal needs to be sent to the Parole Board of Canada's Appeal Division (for federal prisoners) or to the Chair of the Ontario Parole Board (for provincial prisoners). If the decision is upheld after the internal appeal, there is still the option of pursing judicial review. Prisoners can also reapply for parole. However, there may be a waiting...
Victims have the option to participate in hearings before the Ontario Parole Board and the Parole Board of Canada. Note that victim is a broad category that refers to any individual who has suffered physical or emotional harm, property damage or economic loss as the result of the commission of an offence. Victims can attend hearings, and they can also make a statement to the Board. Statements may be given orally, through written submissions, or...
Prisoners who are granted parole by the Parole Board of Canada (i.e. prisoners serving sentence of 2 years or more) or the Ontario Parole Board (i.e prisoners serving sentences of less than 2 years) must abide by any conditions imposed on their release. Some conditions are standard for all prisoners on parole, but other conditions may be imposed to address a prisoner's particular risk factors. If a prisoner on parole breaches a condition, then...
Since the pandemic began, we've been making the argument that COVID-19 is relevant to parole decision-making. Recent case law has confirmed that the Parole Board of Canada and provincial parole boards are expected to consider the impacts of COVID-19. According to the Parole Board of Canada's website, the Board now agrees that COVID-19 may be considered as part of the Board's legal obligation to consider all relevant available information related...
In R v Morgan, 2020 ONCA 279, the Ontario Court of Appeal dismissed a sentence appeal brought during the COVID-19 pandemic. However, the Court clarified that COVID-19 is relevant to parole decision-making, at paragraph 12: "That result does not mean that there is no potential remedy for the appellant respecting the impacts arising from the COVID-19 pandemic. We expect that the Ontario Parole Board will take into account those impacts in deciding...
Inmates can continue to submit applications for parole, temporary absences, etc., and they are entitled to have a hearing or review in the timeline set out in the relevant statute or regulation. COVID-19 does not impact inmates' eligibility for parole or temporary absences. At the moment, provincial and federal parole hearings are continuing during the COVID-19 outbreak. Inmates are entitled to proceed with their scheduled hearings, and they...
A provincial inmate applying for parole will likely be asked by the Institutional Liaison Officer ("ILO") and/or the Ontario Parole Board about who the inmate's sponsor is. A sponsor is the person the inmate will be living with, if granted parole, and who will play a significant role in the inmate's release plan. In order to find that the inmate's risk is manageable if released on parole, the Board will likely want to see that there is a sponsor...
Inmates are automatically considered for parole or entitled to a hearing in some cases, but in other cases they need to apply. Regardless, inmates should speak with their Parole Officer or Institutional Liaison Officer about their parole eligibility and ensure all paperwork is in order well in advance. Provincial inmates (those serving sentences of less than 2 years) The Ontario Parole Board must consider inmates for parole if they are serving a...
