Prisons’ responses to COVID-19 may breach Charter rights
- Kate Mitchell
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Correctional authorities are responsible for the health and safety of inmates. This is a statutory duty of Correctional Service Canada (for federal inmates) and the Ministry of Corrections (for provincial inmates). Outbreaks in correctional institutions across Canada raise the issue…
What counts as police misconduct?
- Kate Mitchell
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In Ontario, police officers and chiefs of police must abide by the Code of Conduct. Failure to do so can result in misconduct proceedings. The Code of Conduct sets out several types of misconduct: Discreditable conduct. This encompasses behavior like…
What are the penalties for police misconduct?
- Kate Mitchell
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Before a police officer can be sanctioned for misconduct or unsatisfactory work performance under Ontario’s Police Services Act, a hearing must be held. The complaint must be proven “on clear and convincing evidence”. If the complaint is substantiated, then a…
5 Things to know about local police complaints
- Kate Mitchell
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Complaints about policies and services of a police force and/or conduct of particular police officers can be made to the Ontario Independent Police Review Director (“OIPRD”) . However, complaints can also (in some cases) be made to the chief of…
Is there a limitation period for police misconduct proceedings in Ontario?
- Kate Mitchell
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The Ontario Independent Police Review Director (“OIPRD”) has discretion not to consider a complaint made by a member of the public made more than 6 months after the facts on which it is based occurred. It may choose to pursue…
Is COVID-19 relevant to parole decision-making?
- Kate Mitchell
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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…
COVID-19 and refusal to consider parole by exception applications
- Kate Mitchell
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Prisoners have their day and full parole eligibility dates calculated at intake. These eligibility dates are generally the earliest the Parole Board of Canada will release a prisoner. However, prisoners can also apply for parole by exception if: a) They…
COVID-19 and restrictions in halfway houses
- Kate Mitchell
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In response to COVID-19, many community residential facilities (aka halfway houses) are implementing policies and house directives that limit residents’ curfews, leave privileges, and access to the community. A prisoner granted parole or released with a residency condition (on statutory…
COVID-19 and access to counsel in prison
- Kate Mitchell
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In response to COVID-19, Correctional Service Canada has suspended in-person visits across the country, which includes visits with legal counsel. It’s unclear how long this measure will be in place. In the meanwhile, CSC has put in place interim measures…
Ontario Court of Appeal confirms parole decisions must consider COVID-19
- Kate Mitchell
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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…