Simon Says

Bringing clarity to the inner workings of our legal system

COVID-19 and grounds for applying for a Temporary Absence Permit

Provincial inmates looking to get released into the community before their parole eligibility date can apply for Temporary Absences Permits (“TAPs”). A TAP is a privilege granted for a particular purpose. The grounds for applying for a TAP are listed on the Temporary Absence Application:

  • Education
  • Treatment (medical)
  • Compassionate (humanitarian)
  • Community work
  • Employment
  • Rehabilitation
  • Reintegration
  • Other

Inmates can check off one or more grounds in their application. The COVID-19 outbreak may provide a basis to apply for a TAP on some of these grounds, specifically:

Treatment (medical): Inmates who contract COVID-19 may be able to apply to ensure that they can receive adequate treatment. Recovery can take days to weeks, and TAPs can allow inmates to receive a level of medical care that may not be available in jail.

Compassionate (humanitarian): Jails and prisons are particularly vulnerable to COVID-19 outbreaks. Inmates who are concerned about contracting COVID-19, are highly susceptible to it, and/or have relatives in need of care or assistance may want to apply for a TAP on compassionate grounds. The compassionate ground may also be invoked by any inmate wishing to self-isolate in his/her community to help slow the transmission or COVID-19 and reduce the burden on the healthcare system.

Other: COVID-19 is a novel situation, so this category should be checked off for any inmate seeking a TAP for a COVID-19-related reason.

It must be “necessary or desirable” to grant the TAP, and public safety is always the paramount consideration. While releasing inmates on TAPs may have impacts on public safety, continuing to incarcerate a large number of inmates also impacts public health and safety.

If you need assistance with a TAP application or appeal of a TAP denial, contact us.

Past performance is not indicative of future results, and outcomes will vary according to the facts of individual cases. This site is intended for information purposes only. None of the information on this site should be considered “legal advice.” Information on this website (including blog posts and answers to frequently asked questions) is the opinion of the author only and is not warrantied or guaranteed to be an exhaustive, definitive, or accurate statement of the law. The proper interpretation and application of the law must always be done on a case specific basis; therefore, you should not rely on the general information on this site as a substitute for proper legal research or the advice of a licenced lawyer.