COVID-19 and grounds for applying for a Temporary Absence Permit
- Kate Mitchell
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Provincial inmates looking to get released into the community before their parole eligibility date can apply for Temporary Absences Permits (“TAPs”). A TAP is a privilege granted for a particular purpose. The grounds for applying for a TAP are listed…
COVID-19 and early parole for federal inmates
- Kate Mitchell
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The COVID-19 outbreak may provide an opportunity for some federal inmates to obtain early parole, also known as parole by exception. Federal inmates are given their day and full parole eligibility dates when they enter custody. However, inmates can be…
COVID-19 and regulatory changes to Temporary Absence Permits
- Kate Mitchell
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In response to the COVID-19 outbreak, changes are being made to the Temporary Absence Permit (“TAP”) procedure set out in Regulation 778 under the Ministry of Correctional Services Act. These amendments will: Allow senior corrections officials to grant TAPs for…
COVID-19 and Temporary Absence Permits
- Kate Mitchell
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In Ontario, provincial inmates can apply for Temporary Absence Permits (“TAPs”), which could take on a more important role during the COVID-19 outbreak. TAPs allow inmates to leave the institution for a certain period of time, but only if the…
How does the COVID-19 outbreak affect parole hearings?
- Kate Mitchell
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Inmates can continue to submit applications for parole, temporary absences, etc., and they are entitled to have a hearing or review in the timeline set out in the relevant statute or regulation. COVID-19 does not impact inmates’ eligibility for parole…
5 Things to know about international transfers and parole eligibility
- Kate Mitchell
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Offenders who are convicted abroad and transferred to Canada under the International Transfer of Offenders Act are eligible for parole. Parole eligibility is calculated differently for offenders who have been transferred. An offender is eligible for day and full parole…
5 Things to know about detention review hearings
- Kate Mitchell
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1. What is a detention review hearing? Offenders serving federal sentences are entitled to be released after serving 2/3 of their sentence, unless the Parole Board of Canada decides to detain an offender until the end of their sentence ….
5 Things to know about segregation in Ontario provincial jails
- Kate Mitchell
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1. The segregation rules are different for provincial jails than federal prisons. Different laws apply to these different institutions. The segregation provisions of the Corrections and Conditional Release Act (which apply only to federal inmates) are currently under appeal at…
What is earned remission?
- Kate Mitchell
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Earned remission allows offenders serving custodial sentences to be release prior to the end of their sentences. Earned remission for federal inmates (those serving sentences of 2+ years) was abolished for those sentenced after November 1, 1992. It was replaced…
When can I apply for a record suspension?
- Kate Mitchell
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The waiting period depends on whether the Crown proceeded summarily or indictably. Indictable offences are more serious and carry higher maximum sentences. If the Crown proceeded summarily, then the waiting period is 5 years. If the Crown proceeded by indictment,…