How does the COVID-19 outbreak affect parole hearings?
- March 20, 2020
- Kate Mitchell
- No comments
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
- March 14, 2020
- Kate Mitchell
- No comments
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
- March 7, 2020
- Kate Mitchell
- No comments
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
- February 29, 2020
- Kate Mitchell
- No comments
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?
- February 22, 2020
- Kate Mitchell
- No comments
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…
Supreme Court of Canada to hear solitary confinement cases
- February 16, 2020
- Kate Mitchell
- No comments
On February 13, 2020, the Supreme Court of Canada granted leave to appeal two cases challenging the solitary confinement provisions of the Corrections and Conditional Release Act. The leave decisions can be found here and here. <h6><span style=”color: #cf8f11;”>Past performance…
8 Things not allowed in private family visits
- February 8, 2020
- Kate Mitchell
- No comments
Each institution has rules on what items are allowed in private family visits (“PFVs”). The correctional officers and managers in the Visits and Correspondence Department have the final call on what items can be brought in. The following are a…
Young persons in pre-trial detention: open vs secure custody
- January 26, 2020
- Kate Mitchell
- No comments
Youth in custody are covered by a different framework than adults incarcerated in provincial and federal institutions. Unlike adults, youth in pre-trial detention can be detained in open custody or secure custody. Secure custody resembles a jail or prison (physical…
5 Things to know about delayed parole eligibility
- January 19, 2020
- Kate Mitchell
- No comments
In some cases, the court has the power to delay an offender’s parole eligibility until they have served half their sentence or 10 years (whichever is less). This can only be done for select offences that are prosecuted by indictment,…
When are federal inmates entitled to make representations?
- December 26, 2019
- Kate Mitchell
- No comments
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…