FCA declares inmate a vexatious litigant
- Kate Mitchell
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Overview In Canada (Attorney General) v Fabrikant, 2019 FCA 198, Stratas JA declared the respondent, Mr. Fabrikant, to be a vexatious litigant. Stratas JA discontinued his ongoing proceedings and barred him from bringing new proceedings without leave of the Court….
ONCA confirms no costs for parole revocation habeas corpus applications
- Kate Mitchell
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In Canada (Attorney General) v Samuel, 2019 ONCA 555, the Ontario Court of Appeal held that costs cannot be awarded in habeas corpus applications brought to challenge parole revocation decisions. These applications are criminal rather than civil in nature. Section…
How do new charges impact an offender’s parole eligibility?
- Kate Mitchell
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If an offender receives new charges and is convicted, it may push back the offender’s parole eligibility date. How parole eligibility dates are calculated is a correctional law matter dealt with in the Corrections and Conditional Release Act. The parole…
5 Tips for writing an involuntary transfer rebuttal
- Kate Mitchell
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Before a decision is made to transfer an offender to a higher security institution, the offender is entitled to provide a rebuttal. This is the offender’s opportunity to explain why the transfer should not go ahead. The transfer may still…
BCCA confirms administrative segregation provisions are unconstitutional
- Kate Mitchell
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On June 26, 2019, the British Columbia Court of Appeal confirmed that the administrative segregation provisions of the Corrections and Conditional Release Act, S.C. 1992, c. 20, ss 31-37 are unconstitutional. The Court of Appeal upheld the trial judge’s finding that the…
8 Things to know about accessing money in prison
- Kate Mitchell
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Food and accommodations cost money. After the intake assessment, offenders typically have to contribute part of their work pay (22%) and part of their other sources of income (normally 30%). There is also an 8% deduction for maintaining the phone…
Updates to CSC’s administrative segregation directive
- Kate Mitchell
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Following a constitutional challenge to the administrative segregation scheme (currently under reserve at the British Columbia Court of Appeal), the Correctional Service of Canada amended its directive on administrative segregation. Below is a summary of the main changes: Elder visits….
What happens if an offender breaches a parole condition?
- Kate Mitchell
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If offenders don’t follow their parole or statutory release conditions, then their parole or statutory release can be suspended. Note that parole or statutory release can also be suspended for other reasons, including: To prevent a breach of a condition;…
What can I expect during a prison visit?
- Kate Mitchell
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Every institution has slightly different procedures for prison visits, but the following points apply to many institutions: You’ll have to sign in at the entrance—make sure you have photo ID. If you have any unauthorized property, you’ll need…
Who decides if a federal inmate gets parole?
- Kate Mitchell
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Ultimately, the Parole Board of Canada decides whether federal inmates get parole, but others provide recommendations to help the Board. These include: Community Assessment Team (CAT). This typically consists of individuals like parole officers, police officers, community representatives, halfway house…