Simon Says

In response to the COVID-19 outbreak, changes are being made to the Temporary Absence Permit (“TAP”) procedure set out in Regulation 778 under the Ministry of Correctional Services Act.

These amendments will:

• Allow senior corrections officials to grant TAPs for periods longer than 72 hours (previously, the Ontario Parole Board had to authorize any TAP longer than 72 hours); and

• Allow the Ontario Parole Board to conduct hearings electronically or by paper review.

While these changes provide greater flexibility, they may also present some challenges for inmates. For example, it’s not clear:

• When a TAP application would be considered by corrections officials versus the Board;
• What the appeal procedure would be for inmates who are denied TAPs of over 72 hours by corrections staff;
• What criteria will be considered to decide who gets a hearing vs a paper review; and
• How a paper review will be processed, and what opportunities an inmate will have to retain counsel and make representations

If you’re looking for assistance getting a TAP or appealing a denial of a TAP, contact us today.

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