Are victims involved in parole hearings?
- Kate Mitchell
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Victims have the option to participate in hearings before the Ontario Parole Board and the Parole Board of Canada. Note that victim is a broad category that refers to any individual who has suffered physical or emotional harm, property damage…
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 It was repealed several years ago, but prisoners may still be eligible if they were sentenced before March 27, 2011.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…
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…
COVID-19 and restrictions in halfway houses
- Kate Mitchell
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In response to COVID-19, many community residential facilities (aka halfway houses) are implementing policies and house directives that limit residents’ curfews, leave privileges, and access to the community. A prisoner granted parole or released with a residency condition (on statutory…
COVID-19 and access to counsel in prison
- Kate Mitchell
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In response to COVID-19, Correctional Service Canada has suspended in-person visits across the country, which includes visits with legal counsel. It’s unclear how long this measure will be in place. In the meanwhile, CSC has put in place interim measures…
Ontario Court of Appeal confirms parole decisions must consider COVID-19
- Kate Mitchell
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In R v Morgan, 2020 ONCA 279, the Ontario Court of Appeal dismissed a sentence appeal brought during the COVID-19 pandemic. However, the Court clarified that COVID-19 is relevant to parole decision-making, at paragraph 12: “That result does not mean…