When are federal inmates entitled to make representations?
- Kate Mitchell
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While Correctional Service Canada has the ultimate say over most decisions affecting inmates, inmates are often entitled to make representations. This means that inmates are statutorily entitled to present arguments to the decision-maker. Even if the decision-maker isn’t convinced by…
How does parole work for deportable federal inmates?
- Kate Mitchell
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If a removal order under the Immigration and Refugee Protection Act has been made against an inmate, then that inmate is ineligible for day parole or Unescorted Temporary Absences (“UTAs”) until their full parole eligibility date. A deportable inmate can…
5 Things to know about access to legal services in prison
- Kate Mitchell
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Federal inmates have the right to certain legal services, which are set out in section 97 of the Corrections and Conditional Release Regulations. This includes: The right to retain and instruct counsel. This applies when an inmate is arrested, placed…
Can federal inmates apply for day parole to a private residence?
- Kate Mitchell
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Inmates on day parole are required to return to a penitentiary, community-based residential facility, provincial correctional facility, or other location each night or at another specified interval. On November 15, 2018, the Parole Board of Canada updated the Decision-Making Policy…
How do federal inmates get to lower security prisons?
- Kate Mitchell
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There are three factors that Correctional Service Canada considers when deciding whether to classify an inmate as minimum, medium, or maximum security: Institutional adjustment: this refers to the inmate’s behaviour while incarcerated, and CSC will consider Violent incidents while in…
5 Things to know about Security Threat Groups
- Kate Mitchell
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What are they? Correctional Service Canada gives the STG label to inmates who are believed to be part of an offender group, gang, association, or organization with 3+ members. This includes street gangs, prison gangs, outlaw motorcycle gangs, traditional organized…
What are temporary absence permits?
- Kate Mitchell
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Federal inmates can apply for Escorted Temporary Absences (ETAs) and Unescorted Temporary Absences (UTAs). But provincial inmates (those serving sentences less than two years) apply for what is known as Temporary Absence Permits (“TAPs”). TAPs allow inmates to leave the…
Can federal prisoners attend funerals outside of prison?
- Kate Mitchell
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Federal inmates may be permitted to attend a funeral outside of prison. Inmates need to apply for a temporary absence to do so, either an escorted temporary absence (ETA) or an unescorted temporary absence (UTA). On an ETA, inmates are…
6 Things to know about escorted temporary absences (ETAs)
- Kate Mitchell
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Offenders serving sentences in federal institutions are eligible for “escorted temporary absences” (ETAs). What are ETAs? ETAs are one of three forms of temporary absence available to inmates (the others are unescorted temporary absences and work release). On ETAs, inmates…
Simon Borys presents at DCAO/CCLA Criminal Law Conference
- Kate Mitchell
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On October 20, 2019, Simon Borys gave a presentation on correctional law at the 31st DCAO/CCLA Criminal Law Conference. He presented his paper “A Practical Guide to Correctional Law Issues”, which can be found here. Past performance is not indicative…