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 completed their programming prior to a parole hearing often have difficulties demonstrating to the Parole Board of Canada that they wouldn’t pose an undue risk to society if released. Many prisoners time their application so that their programming will be complete prior to their hearing, but COVID-19 is impeding their ability to complete programming on time. It’s unclear how long programming will be suspended, and this situation may create problems for prisoners who have upcoming parole hearings.
The unavailability of programming may also have impacts on prisoners being recommended for detention past their statutory release dates, as well as prisoners facing parole revocation. Moreover, this could also have impacts on prisoners needing to complete a program before applying for Escorted Temporary Absences, Unescorted Temporary Absences, or work release.
Reducing the number of people in custody can help slow the transmission of COVID-19 and avoid overburdening the healthcare system. However, the suspension of programming may prevent some offenders from being released or it could result in prisoners having to postpone their hearings several months to complete programming.
This is a problem that’ll have impacts for many months to come. There are often wait lists for programs, which will likely continue to grow. The backlog may result in some prisoners needing to delay their parole hearings and spend extra time in custody. Unless the Service uses alternative means of program delivery, there could be significant consequences for prisoners long after the COVID-19 outbreak subsides.