7 Tips for a successful parole hearing
- Kate Mitchell
- No comments
Prepare. The Board has access to offenders’ correctional documents and will base their questions around the information contained in those documents. Reviewing documents beforehand can help avoid surprises at a parole hearing. Be open, honest, and transparent. Attempting to…
Federal Court of Appeal calls out deficient prison disciplinary court reasons
- Kate Mitchell
- No comments
Overview In Sharif v Canada (Attorney General), 2018 FCA 205, Stratas JA overturned the conviction of the appellant, who had been convicted by the Warkworth Institutional Disciplinary Court for “fight[ing] with, assault[ing] or threaten[ing] to assault another person” under paragraph 40(h)…
How are initial security classification decisions made?
- Kate Mitchell
- No comments
Generally, security classification decisions are made by the Institutional Head or District Director. However, there are some exceptions. For example, the Assistant Commissioner makes the initial classification decision for those serving life sentences for murder and terrorism who are classified…
5 Things to know about lawyer visits in prison
- Kate Mitchell
- No comments
Sometimes it can seem like it takes a long time for an inmate to see a lawyer or a visit may get cancelled last minute without the inmate knowing why. A lot goes into even a quick visit with a…
When are inmates eligible for parole?
- Kate Mitchell
- No comments
Inmates are generally eligible for parole after serving 1/3 or 7 years of their sentence (whichever is less). Parole eligibility for those serving life sentences is decided at sentencing. In addition to parole, inmates may be eligible for other types…
Supreme Court adopts submissions of Borys Law in landmark immigration detention case
- Kate Mitchell
- No comments
On May 10, 2019, the Supreme Court of Canada released its decision in Canada (Public Safety and Emergency Preparedness) v. Chhina. The majority upheld the decision of the Court of Appeal of Alberta, which found that immigration detainees can bring…
Involuntary transfer successfully challenged over information reliability concerns
- Kate Mitchell
- No comments
In Wood v Canada (Attorney General), 2019 ONSC 2697, Justice Tranmer granted an application for habeas corpus brought by an inmate involuntarily transferred from Joyceville Institution minimum security to Joyceville Institution medium security. The applicant’s roommate alleged that he was…
5 Things to know about observing parole hearings
- Kate Mitchell
- No comments
The Parole Board of Canada and Ontario Parole Board allow members of the public to attend parole hearings. Below are some things you should know if you’re considering going to a hearing: Observers need to fill out a form before…
Superior Court grants costs to suspended offender held past new statutory release date
- Kate Mitchell
- No comments
In an endorsement dated May 3rd, 2018, a judge of the Superior Court of Justice granted costs to the applicant in Dupuis v Attorney General of Canada, a habeas corpus application. The applicant was released on parole, but it was…
Federal Court orders transfer of transgender inmate
- Kate Mitchell
- No comments
Overview In Boulachanis v Canada (Attorney General), 2019 FC 456, Grammond J ordered the Correctional Service of Canada to transfer a transgender inmate. The inmate was being held at Donnacona Institution, and CSC had denied her request to be transferred…