Prisons’ responses to COVID-19 may breach Charter rights
- July 11, 2020
- Kate Mitchell
- No comments
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?
- June 7, 2020
- Kate Mitchell
- No comments
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
- May 30, 2020
- Kate Mitchell
- No comments
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
- May 23, 2020
- Kate Mitchell
- No comments
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
- May 16, 2020
- Kate Mitchell
- No comments
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
- May 9, 2020
- Kate Mitchell
- No comments
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…
COVID-19 and Parole Board of Canada policy changes
- May 2, 2020
- Kate Mitchell
- No comments
In response to COVID-19, the Parole Board of Canada has adopted some interim measures. Many of the changes are simply procedural. Hearings are now conducted via videoconference or teleconference, observers are not allowed to attend (except for victims), and lawyers…
COVID-19 and medical unescorted temporary absences
- April 25, 2020
- Kate Mitchell
- No comments
Unlike in the provincial correctional system, there haven’t been any substantial changes in the federal correctional system to help decarcerate prisons and slow the spread of COVID-19. However, there are still mechanisms in place that could be used to get…
COVID-19 and delays in transferring prisoners to federal institutions
- April 20, 2020
- Kate Mitchell
- No comments
Because of COVID-19, prisoners may experience delays being transferred to federal institutions. Offenders who are sentenced to 2 years or more are supposed to serve their sentences in federal institutions. Generally, prisoners with federal sentences are supposed to be held…
COVID-19 and cancellation of leave privileges
- April 15, 2020
- Kate Mitchell
- No comments
Prisoners, parolees, and those under long-term supervision orders residing at Community Correctional Centers (“CCCs”) and Community Residential Facilities (“CRF”) have been seeing their leave privileges cancelled in light of COVID-19. Correctional Service Canada appears to be directing (at least some)…