FCA declares inmate a vexatious litigant
- July 14, 2019
- Kate Mitchell
- No comments
Overview In Canada (Attorney General) v Fabrikant, 2019 FCA 198, Stratas JA declared the respondent, Mr. Fabrikant, to be a vexatious litigant. Stratas JA discontinued his ongoing proceedings and barred him from bringing new proceedings without leave of the Court….
ONCA confirms no costs for parole revocation habeas corpus applications
- July 5, 2019
- Kate Mitchell
- No comments
In Canada (Attorney General) v Samuel, 2019 ONCA 555, the Ontario Court of Appeal held that costs cannot be awarded in habeas corpus applications brought to challenge parole revocation decisions. These applications are criminal rather than civil in nature. Section…
BCCA confirms administrative segregation provisions are unconstitutional
- July 1, 2019
- Kate Mitchell
- No comments
On June 26, 2019, the British Columbia Court of Appeal confirmed that the administrative segregation provisions of the Corrections and Conditional Release Act, S.C. 1992, c. 20, ss 31-37 are unconstitutional. The Court of Appeal upheld the trial judge’s finding that the…
Updates to CSC’s administrative segregation directive
- June 16, 2019
- Kate Mitchell
- No comments
Following a constitutional challenge to the administrative segregation scheme (currently under reserve at the British Columbia Court of Appeal), the Correctional Service of Canada amended its directive on administrative segregation. Below is a summary of the main changes: Elder visits….
Federal Court of Appeal calls out deficient prison disciplinary court reasons
- May 21, 2019
- Kate Mitchell
- No comments
Overview In Sharif v Canada (Attorney General), 2018 FCA 205, Stratas JA overturned the conviction of the appellant, who had been convicted by the Warkworth Institutional Disciplinary Court for “fight[ing] with, assault[ing] or threaten[ing] to assault another person” under paragraph 40(h)…
Involuntary transfer successfully challenged over information reliability concerns
- May 8, 2019
- Kate Mitchell
- No comments
In Wood v Canada (Attorney General), 2019 ONSC 2697, Justice Tranmer granted an application for habeas corpus brought by an inmate involuntarily transferred from Joyceville Institution minimum security to Joyceville Institution medium security. The applicant’s roommate alleged that he was…
Superior Court grants costs to suspended offender held past new statutory release date
- May 4, 2019
- Kate Mitchell
- No comments
In an endorsement dated May 3rd, 2018, a judge of the Superior Court of Justice granted costs to the applicant in Dupuis v Attorney General of Canada, a habeas corpus application. The applicant was released on parole, but it was…
Federal Court orders transfer of transgender inmate
- April 27, 2019
- Kate Mitchell
- No comments
Overview In Boulachanis v Canada (Attorney General), 2019 FC 456, Grammond J ordered the Correctional Service of Canada to transfer a transgender inmate. The inmate was being held at Donnacona Institution, and CSC had denied her request to be transferred…
Pre-sentence reports and correctional decision-making
- April 25, 2019
- Kate Mitchell
- No comments
Pre-sentence reports can have consequences well beyond sentencing, especially for offenders serving custodial sentences. It’s important to be aware of the correctional law implications and address any issues with PSRs as early as possible. What is a pre-sentence report? Pre-sentence…
How to write a parole support letter in five steps
- April 21, 2019
- Kate Mitchell
- No comments
Letters from friends, family, co-workers, etc. can increase an offender’s chances of being granted parole. While there is no specific format required, you should try to be organized, detailed, and honest. Below are five steps to help you prepare a…