What happens when prisoners breach their parole conditions?
- Kate Mitchell
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Prisoners who are granted parole by the Parole Board of Canada (i.e. prisoners serving sentence of 2 years or more) or the Ontario Parole Board (i.e prisoners serving sentences of less than 2 years) must abide by any conditions imposed…
What is accelerated parole review (“APR”)?
- Kate Mitchell
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Accelerated parole review (“APR”) is a simplified parole review procedure for federal prisoners. It was repealed several years ago, but prisoners may still be eligible if they were sentenced before March 27, 2011. Generally, prisoners have an in-person hearing before…
Who is eligible for parole by exception?
- Kate Mitchell
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Under the Corrections and Conditional Release Act, prisoners can be granted parole “at any time” if certain criteria are met. Parole by exception can be granted if a prisoner: is terminally ill, is likely to suffer serious damage to their…
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…