Simon Says

Bringing clarity to the inner workings of our legal system

COVID-19 and Legal Aid Ontario funding for Temporary Absence Permit applications

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 custody, which may help slow the transmission of the virus.

Ontario recently announced amendments that would make Temporary Absence Permits more accessible, as explained in a previous post.

LAO will provide funding for TAP applications without legal and financial testing or considering the merits of the case.

However, an inmate will not be eligible to have a lawyer apply for funding if he or she:

  • Is serving a sentence for a violent offence and classified as maximum security;
  • Would, by reoffending, present an undue risk to society during the absence

The lawyer submitting the application for funding must attest that the above criteria do not apply. Legal Aid Ontario will then issue the certificate in advance, with signed consent and declaration forms submitted later.

 A TAP is a privilege granted for a specific reason–not a right. Even in light of COVID-19, the Board’s paramount consideration is public safety. A TAP will not be granted if the decision-maker believes the inmate would pose an undue risk to society if released.
A lawyer can help prepare an application and release plan, as well as provide legal submissions and (where there is one) representation at the hearing. If you’re looking for assistance with a TAP application, contact us.
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. None of the information on this site should be considered “legal advice.” Information on this website (including blog posts and answers to frequently asked questions) is the opinion of the author only and is not warrantied or guaranteed to be an exhaustive, definitive, or accurate statement of the law. The proper interpretation and application of the law must always be done on a case specific basis; therefore, you should not rely on the general information on this site as a substitute for proper legal research or the advice of a licenced lawyer.