Prisoners and the media
- September 5, 2020
- Kate Mitchell
- No comments
Federal prisoners and media should be aware that Correctional Service Canada has a policy on media relations. Media representatives are supposed to inform CSC prior to conducting media activities, including interviews. Prisoners are also responsible for updating their Parole Officers…
4 Things to know about judicially reviewing decisions of Correctional Service Canada
- August 29, 2020
- Kate Mitchell
- No comments
Judicial review is one of the the mechanisms that prisoners can use to challenge decisions of Correctional Service Canada. Judicial review can be technical, and it is important to remember: Judicial review allows a judge to review an administrative decision….
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…
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…
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)…
COVID-19: Legal Aid Ontario updates coverage for prisoner release remedies
- April 10, 2020
- Kate Mitchell
- No comments
Legal Aid Ontario recently announced changes to its funding for temporary absence applications for prisoners in federal and provincial institutions. The funding now applies to temporary absences or “other release remedies” that can address the increasingly dangerous conditions COVID-19 has…
COVID-19 and scheduling a habeas corpus application
- April 4, 2020
- Kate Mitchell
- No comments
Habeas corpus can be used to challenge a deprivation of liberty, and it requires that an application be brought in the Superior Court. COVID-19 presents unique challenges to anyone looking to bring such an application. In light of COVID-19, the…