5 Things to know about the Parole Board of Canada
- Kate Mitchell
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1. The Parole Board of Canada (“PBC”) is an independent administrative tribunal. The PBC is separate from Correctional Service Canada (“CSC”). CSC is responsible for managing prisoners’ sentences, and CSC makes recommendations to the PBC regarding parole, temporary absences, etc….
Can prisoners be compensated for damaged personal property?
- Kate Mitchell
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Prisoners are responsible for the safekeeping of the property in their possession. When the Service is responsible for the safekeeping of prisoner property, they must take all reasonable steps to protect prisoners’ property. Correctional Service Canada has the discretion to…
Are disciplinary charges different than criminal charges?
- Kate Mitchell
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Disciplinary/institutional charges are different than criminal charges. Prisoners who commit a criminal act can be charged under the Criminal Code, and the matter would be tried in a court. Federal prisoners can also receive disciplinary charges, which are administrative proceedings…
COVID-19 and medical isolation in prison
- Kate Mitchell
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In response to COVID-19, Correctional Service Canada has enacted various policies. One of these policies allows for medical isolation to avoid prisoners who have the virus spreading it to others. Medical isolation is required for: Prisoners coming into prison (following…
What happens if a federal prisoner gets into trouble before being released on parole?
- Kate Mitchell
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The Parole Board of Canada may grant a prisoner parole, but the prisoner may not be released for several days or weeks. Prisoners may need to wait for a bed at a Community Residential Facility to open up, transportation to…
Can prisoners challenge a penitentiary placement?
- Kate Mitchell
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Federal prisoners are assessed over several weeks or months after they are transferred to a federal penitentiary. The prisoner’s parole officer then recommends a security classification (minimum, medium, or maximum) and penitentiary to place the prisoner in. The final classification/placement…
Prisoners and the media
- Kate Mitchell
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Federal prisoners and media should be aware that Correctional Service Canada has a policy on media relations. Media representatives are supposed to inform CSC prior to conducting media activities, including interviews. Prisoners are also responsible for updating their Parole Officers…
4 Things to know about judicially reviewing decisions of Correctional Service Canada
- Kate Mitchell
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Judicial review is one of the the mechanisms that prisoners can use to challenge decisions of Correctional Service Canada. Judicial review can be technical, and it is important to remember: Judicial review allows a judge to review an administrative decision….
5 Grounds to challenge a decision of the Parole Board of Canada
- Kate Mitchell
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A prisoner can challenge a decision of the Parole Board of Canada by filing an appeal with the Appeal Division. This typically needs to be done within 60 days from when the decision was made. Prisoners can challenge a denial…
What can a prisoner do if denied parole?
- Kate Mitchell
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In the provincial and federal correctional systems, prisoners can appeal if they are denied parole. The appeal needs to be sent to the Parole Board of Canada’s Appeal Division (for federal prisoners) or to the Chair of the Ontario Parole…