5 Things to know about Security Threat Groups
- November 18, 2019
- Kate Mitchell
- No comments
What are they? Correctional Service Canada gives the STG label to inmates who are believed to be part of an offender group, gang, association, or organization with 3+ members. This includes street gangs, prison gangs, outlaw motorcycle gangs, traditional organized…
Can inmates attend funerals outside of prison?
- November 2, 2019
- Kate Mitchell
- No comments
Federal inmates may be permitted to attend a funeral outside of prison. Inmates need to apply for a temporary absence to do so, either an escorted temporary absence (ETA) or an unescorted temporary absence (UTA). On an ETA, inmates are…
6 Things to know about escorted temporary absences (ETAs)
- October 27, 2019
- Kate Mitchell
- No comments
Offenders serving sentences in federal institutions are eligible for “escorted temporary absences” (ETAs). What are ETAs? ETAs are one of three forms of temporary absence available to inmates (the others are unescorted temporary absences and work release). On ETAs, inmates…
What counts as contraband in prison?
- October 13, 2019
- Kate Mitchell
- No comments
According to the Corrections and Conditional Release Act, contraband includes: (a) an intoxicant, (b) a weapon or a component thereof, ammunition for a weapon, and anything that is designed to kill, injure or disable a person or that is altered…
6 Things to know about parole conditions
- October 23, 2019
- Kate Mitchell
- No comments
If an offender is released on parole, conditions may be imposed on the offender’s release. The points below apply to those release by the Parole Board of Canada, but note that the Ontario Parole Board also has the power to…
Saskatchewan inmate successfully appeals dismissed habeas corpus application
- September 24, 2019
- Kate Mitchell
- No comments
Overview In Mercredi v Saskatoon Provincial Correctional Centre, 2019 SKCA 8, the Court of Appeal for Saskatchewan granted an appeal brought by a provincial inmate after his habeas corpus application was dismissed by the Queen’s Bench of Saskatchewan. The appellant, an…
How do offenders submit applications to the Parole Board of Canada?
- September 11, 2019
- Kate Mitchell
- No comments
Often, offenders will provide their applications to their parole officers, who then submit the applications to the Parole Board of Canada. However, there is nothing preventing an offender from submitting an application directly to the Board, according to R v…
$20 million awarded in Ontario solitary confinement class action
- September 4, 2019
- Kate Mitchell
- No comments
In Reddock v Canada (Attorney General), Justice Perell of the Ontario Superior Court of Justice held that the federal government owes $20 million to thousands of inmates held in administrative solitary confinement for at least 15 consecutive days. Justice Perell…
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…