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…
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 day parole to a private residence
- March 28, 2020
- Kate Mitchell
- No comments
During the COVID-19 pandemic, it’s worth remembering that inmates can be granted day parole to a private residence. Under the Corrections and Conditional Release Act, the Parole Board of Canada can grant day parole to a penitentiary/jail, community-based residential facility,…
COVID-19 and early parole for federal inmates
- March 23, 2020
- Kate Mitchell
- No comments
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…
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…
When do probation orders come into effect for inmates?
- February 15, 2020
- Kate Mitchell
- No comments
A judge can impose a probation order in addition to a fine or term of imprisonment, but only if the term of imprisonment is less than 2 years. A probation order generally comes into force on the day the order…
Can a parole hearing be held after a federal prisoner’s parole eligibility date?
- February 2, 2020
- Kate Mitchell
- No comments
Offenders serving sentence of 2 years or more are entitled to a full parole hearing and can also apply for day parole. Offenders are advised of their eligibility dates during the intake process. An offender is entitled to a full…
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,…
Do inmates need to apply for parole?
- January 5, 2020
- Kate Mitchell
- No comments
Inmates are automatically considered for parole or entitled to a hearing in some cases, but in other cases they need to apply. Regardless, inmates should speak with their Parole Officer or Institutional Liaison Officer about their parole eligibility and ensure…