Guidance

Canada - Prisoner Pack

Updated 6 October 2021

1. Information Pack for British Nationals detained or imprisoned in Canada

1.1 Disclaimer

This information is not meant to be definitive, and is not a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage, or expense that you might suffer as a result of relying on the information. The information contained in this guide is general and factual. You should contact local lawyers for independent legal advice.

1.2 Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you, but they cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad.

This detention information pack is designed to give you, and your family and friends, information about the local system in Canada and who can help. A printed copy is provided to those in prison or in custody, and an online version is available here. We welcome feedback to help us improve the information we can provide to others.

1.3 Contacting us

If you are arrested or detained in another country:

• The authorities should ask whether you want them to contact the British Consulate (and must do so if you want them to).

• Even if they do not ask, you can make the request yourself, and should do so, particularly if you are charged with a serious offence or need any kind of assistance.
• Friends or family can also contact the local British Consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000.

In some countries, the authorities might notify the British Consulate even if you don’t want anyone to know that you have been arrested. This is because there may be an agreement in place with the British Government which requires a mandatory notification to be made.

1.4 Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in London, and in British Embassies, High Commissions and Consulates overseas.

Contact Information

British High Commission Ottawa

140 Sussex Drive

Ottawa, Ontario K1N 5A2 Canada

Telephone: +1 613 237 1530

British Consulate-General Toronto

777 Bay Street, Suite 2800

Toronto, Ontario M5G 2G2 Canada

Telephone: +1 416 593 1290

Facsimile: +1 416 593 1229

British Consulate-General Vancouver

1111 Melville Street, Suite 800

Vancouver British Columbia V6E 3V6 Canada

Telephone: +1 604 683 4421

Public access at all offices is by appointment only.

Consular contact form

Website: gov.uk/world/canada

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on 020 7008 5000.

1.5 What we can do

The FCDO can offer you impartial and non-judgemental help. Once notified of your arrest or detention, consular staff will aim to contact you as soon as possible so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions: our priority is to provide assistance to those British nationals overseas that need our help the most.

In Canada, notification by the authorities to the Consulate normally takes place within 24 hours of arrest. Once we are notified, we aim to contact you as soon as possible.

We can also:

• Provide a list of local English-speaking lawyers.
• Provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
• Provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services.
• Keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances.
• Tell the police or prison doctor, with your permission, about any medical or dental problems including medication.
• Put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad.
• In some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards.
• Help to transfer money to you from your friends or family. In places where phone or postal services aren’t available, we can also pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you).
• In some circumstances we may be able to advise you on how to apply for a transfer to a prison in the UK.

1.6 What we cannot do

• Get you out of prison or detention
• Help you get special treatment
• Offer legal advice, start legal proceedings or investigate a crime
• Pay for any costs as a result of being arrested
• Forward you packages sent by friends or family
• Prevent authorities from deporting you after release

2. First Steps

2.1 Telling family or friends

If you want us to, we can tell your family or friends that you have been detained and can provide them with information about how to contact you in prison or detention. With your consent, we can also keep them updated on your well-being.

If you are not sure about informing your family, we can help you consider the impact that not doing so might have. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

2.2 Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances in which information about you may need to be shared by ourselves or authorities in Canada.

2.3 Lawyers

Although we cannot give legal advice, start legal proceedings, or investigate a crime, we can offer basic information about the local legal system, including whether a legal aid scheme is available.

We can give you a list of local interpreters and a list of local English-speaking lawyers is attached to this pack. You will want to consider the benefits of local legal representation and to discuss all the costs beforehand with the legal representative. In no circumstances can we pay your legal or interpretation costs.

2.4 Can you get me out?

We cannot get you out of prison or detention, nor can we get special treatment for you because you are British. However if you are not treated in line with internationally accepted standards we will consider whether to approach local authorities.

This may include if your trial does not follow internationally recognised standards for fair trial or is unreasonably delayed compared to local cases.

2.5 Other forms of assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families: prisonersabroad

3. Detention conditions in Canada

3.1 Visits: friends and family

We advise family members to contact us well in advance so that we can inform the prison administration and work on the visiting programme.

In order to receive visitors you should provide the prison with the names of the people visiting you for them to be added to the Prison Visiting list.

We will provide information on visiting procedures and details of what visitors can bring should family members decide to come to Canada.

There are a large number of jails and prison facilities in Canada and the visiting policies vary amongst them. Internal regulations will establish the frequency and duration of ordinary visits, based on your behaviour, according to the prison’s security level and the spaces available for this purpose. It can also depend on your security classification and the offence for which you have been detained.

Most facilities have websites that outline their visitation rules and a quick internet search by friends and families should bring up the answer. Family and friends can also contact the facility where you are being detained and ask for the visiting times and procedures.

Assistance visits may also be requested through health professionals and members or representatives of your religion, also diplomatic visitors and international institutions. For security reasons those persons will be checked as well as their belongings.

You will most likely be given an inmate induction pack outlining local procedures. Usually prison rules and regulations are also clearly posted on information boards throughout the units; please read them to acquaint yourself with the day to day procedures and routines.

The number of visits allowed varies depending on the facility. Check with your assigned social worker at the facility and they will advise. Consular visits do not count towards your allocation of visits.

3.2 What can visitors expect?

Depending on each facility’s rules visits can take place in a meeting room, communal area or behind glass. Appointments need to be made well in advance and visitors should arrive punctually before their allotted time. All visitors need to have government issued photo IDs. Visitors and their belongings are searched for security reasons. It is helpful if visitors have C$1 or quarter coins to store their belongings in cabinets provided for this purpose in the reception areas of some prisons. Guards usually keep an eye from afar and they do not listen-in during the visit.

3.3 What can visitors bring?

Visitors are generally not permitted to pass anything to detainees during visits. Although each facility is different, a fairly standard example of items that may be allowed inside the secured perimeter of a unit in some facilities may include:

• A small wallet, clear plastic bag (Ziploc® type) or change purse.

• Offender visitors with infants or small children may bring no more than three diapers, a supply of baby wipes, and two baby bottles (“sippy” cup for toddlers). These items shall be stored in a clear plastic bag. Visitors should be encouraged to contact the facility where you are being detained to determine what items if any they would be allowed to bring. Visitors should make sure that they have the appropriate form of identification when they come for a visit and dress accordingly. Facility websites will include dress codes.

3.4 Visits – Consular staff

We will aim to contact you within 24 hours of being notified of your arrest and will assess your situation. We will visit you once before and once after sentencing, if requested. Any additional circumstances (e.g., serious medical concerns) will be assessed by the case manager and may warrant additional visits as necessary. For the first visit, we aim to visit within 15 days if we consider that you are vulnerable, or within three months if not. Once sentenced, and if requested by you, we aim to visit within three months.

During our routine visits you will have the opportunity to discuss any health issues, security concerns, your treatment in prison and any other general issues that you wish to raise with our Consular staff.

At each Consular visit, our staff will complete a “Visit Report Form”. If there is any information that you would prefer not to disclose to a Next of Kin you should let us know during the visit.

You can write to us at any time on matters of concern but if it is urgent it may be quicker to ask prison authorities to contact us on your behalf.

3.5 Emergency trips outside of prison

Health care teams in prison provide some aspects of health care on site. When the health care teams in prison are unable to provide the assistance required, they can arrange outpatient consultations with specialists and emergency admissions in public hospitals for critical emergencies.

You can apply to the head of the correctional institution (Prison) who may authorise an escorted temporary absence to make a trip outside of prison if an urgent situation arises (e.g. funerals and critical illness of a next-of-kin). You should contact your lawyer/Social Worker in order to submit this request to the authorities, who will assess each request on its merits.

4. Police custody and initial arrival at prison

4.1 Arrival at the police station and basic rights

When arrested you should be read all your rights and be informed that you may choose to remain silent (apart from giving your name and address) until you have spoken to your legal representative. You have the right to speak with your counsel without delay in private. If you are unable to afford a lawyer, you can speak to Duty Counsel to obtain free advice.

In case of any language barriers, you have the right to be assisted by an official translator for free. You can expect to spend up to 24 hours, or 36 hours for a serious offence, at the police station, before being transferred to a provincial prison.

If you are injured or unwell, you will get medical attention if it is deemed essential.

Canadian authorities do not automatically inform us of the detention of a British national. But they are legally obliged under the Vienna Convention to inform detained British nationals of their right to consular assistance and to request that the High Commission or the appropriate Consulate in Canada is informed of their detention. Police will usually allow you to make a call to us at this stage.

The High Commission cannot become involved in the legal aspect of your incarceration and cannot assume the role of a legal advisor. This task is reserved for your lawyer. Should you not wish legal representation the choice and consequences are solely yours.

4.2 Appearance at court

If you are charged with an offence and not released by police they will bring you to the court within 24 hours. The Justice of Peace will assess whether there is a reason to keep you in detention or release you with any conditions. You can retain a lawyer otherwise you will be assisted by the Duty Counsel.

In Canada, detainees generally remain in provincial jails until they are convicted or released (if found innocent). If convicted, you will be transferred to a federal prison or to a provincial correctional centre or treatment centre dependant on the length of your sentence. Federal offenders are also initially detained in provincial facilities until they are convicted.

More information can be found under the heading Canadian judicial system.

4.3 Initial arrival at the prison

On arrival in a provincial jail you will be searched. Your personal details (name, date of birth, place of birth, address etc.) will be recorded. You will have your photo (“mug shot”) taken as well as your fingerprints. In some places you will have DNA taken and this could be in the form of a mouth swab.

Your property will be bagged and kept in storage with a full list of items recorded ready for when you are released. In many jails, you will be made to change into a jail uniform and your personal clothes will be kept in storage with your property.

If, for any reason, you cannot contact your family, you may ask your Social Worker or Security Manager of your unit for help. We can always contact your family or friends on your behalf with your express consent.

When you arrive at a federal prison, the booking process is similar to that of a provincial jail; e.g., search, personal details checked, property recorded, photographed and prison uniform supplied. Often, new inmates are segregated for a period of time to allow staff to conduct assessments on their behaviour which can influence where you will be assigned. You should be provided with an offender orientation handbook and be given the name of your social worker and how to contact them.

Health care is provided for offenders who have medical, dental, psychiatric and psychological problems. Also, physically handicapped offenders receive services through the Assistive Disability Services. The health needs of each offender are assessed when he/she enters prison. Basic medical services including emergency care, sick call and ongoing care for chronic illness are usually offered at each unit. Licensed medical professionals provide health care. Offenders who need special care may be sent to a unit which provides the specific service(s) needed. Offenders needing hospital care will be sent to hospitals which serve that particular facility.

5. Prison: conditions and daily life

This varies between facilities but as a general rule facilities in Canada are comparable to prison facilities in the United Kingdom.

5.1 Accommodation

Generally inmate accommodations in Canadian prisons are similar to those in United Kingdom prison facilities.

You are not allowed to wear your own clothes and will need to wear prison uniforms.

5.2 Food and Diet

You will be provided with three meals a day that meet nutritional requirements. Certain facilities can provide specific diets based on religious, medical or lifestyle requirements – e.g., no pork, no meat, religious diet, and low fat/low sodium. You can supplement food with items purchased at the prison canteen.

5.3 Hygiene

Personal hygiene is an imperative. Prisons will provide basic toiletries and linen. Other items can be purchased directly from the prison canteen. Supply varies from one prison to another. If you need something in particular, ask your social worker for advice. You are responsible for keeping your living quarters clean.

5.4 Work and Study

If you meet the eligibility requirements, most federal prisons offer work and study options. Often, there is a waiting list for work positions due to high demand by inmates. Types of work and study available vary depending on the facility. The opportunity to study and work may be better/different in federal prisons than provincial jails. Some inmates, such as those on segregation for disciplinary offences may not be entitled to work or study.

5.5 Contact and Languages

Rules regarding contact with other prisoners may vary for each facility and you will receive appropriate guidance on arrival. These rules are usually displayed throughout the units. You can also seek guidance from your social worker.

Prisons often have a library with books available for inmates. The access to recreation time varies according to the facility and your security level but you should be offered some access to recreation in all locations. The opportunity to join in leisure facilities (hobby classes, art and music groups etc.) varies by facility so check with your case manager or with your jail social worker.

5.6 Exercise

Prisoners are permitted to go outdoors a certain number of hours a day/week. This will depend on the facilities of each prison. Some prisons have a gym.

5.7 Climate

Canada has very distinct four seasons, particularly along the US border. Daytime summer temperatures can rise to 35C and higher. Summers can be hot and dry on the prairies, humid in central Canada and milder on the coasts. Winters are long and cold, with heavy snow fall and lows of -25C are not uncommon in winter. You will be provided appropriate clothing for the weather.

5.8 Religion

You are entitled to take part in religious services of your choice. You can speak with the jail Chaplain if you want to receive visits from a priest, rabbi or minister of your faith. Most of the detention facilities are staffed by a Chaplain.

5.9 Rules and regulations (including drugs)

You are not permitted to have or consume illegal substances in any Canadian incarceration facility. If found in possession of contraband drugs, you will be punished. Smoking of any kind including tobacco is banned in prisons in Canada.

6. Prison: access to help and services

6.1 How can I receive money?

You can receive financial assistance while in prison in Canada only from your family or friends.

• Private Funds: Deposited to you by your family or friends. This varies between facilities and the information should be listed in your offender orientation handbook. Friends and family can also conduct an internet search for information about the facility as most facilities have these procedures on their websites.

• The British Government does not provide financial assistance to prisoners.

6.2 Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family.

The Foreign Commonwealth & Development Office (FCDO) operates a “Prison Comfort” system for money transfers to prisoners. Please ask your family to get in touch with the FCDO in order to arrange this.

FCDO is unable to receive payment from your family by credit or debit card, or by cash.

You can have cash, money orders, certified checks or bank drafts in Canadian dollars drawn on a Canadian bank deposited into your trust account. If you have family or friends in Canada they can do it in person at the prison or with the exception of cash they can send them to you by mail. You will need to have jail superintendent or designates approval to have more than $180 in your account. Under special circumstances and only with the approval of the superintendent or designate, foreign funds including US dollars may be converted and deposited in the inmate’s account.

6.3 Can I receive medical and dental treatment?

While you are in detention, Canada is responsible for ensuring your basic medical needs are met.

Health care is provided for offenders who have medical, dental, psychiatric and psychological problems. Also, physically handicapped offenders receive services through the Assistive Disability Services. The health needs of each offender are assessed when he/she enters prison. Basic medical services including emergency care, sick call and ongoing care for chronic illness are usually offered at each unit. Licensed medical professionals provide health care. Offenders who need special care may be sent to a unit which provides the specific service(s) needed. Offenders needing hospital care will be sent to hospitals which serve that particular facility.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also liaise with your GP in the UK, if the police or prison doctor requests previous medical records and this is in your vital interests.

6.4 Mail/Parcels

Please read your offender orientation handbook for information on what mail and parcels you can receive. Full details should also be available on the facility website and at each unit. You will be able to buy stamps and writing paper in the canteen. Often, destitute offenders (or those with less than $5 in their trust fund) may request correspondence supplies. Rules for getting postage stamps or paper vary by facility so speak to your social worker.

6.5 Can I make telephone calls?

Usually, yes. In some facilities, phones are available on the living units which are used for collect calls. A collect call is a phone call from a pay phone in which the person being called pays the charges, rather than the person making the call. In other facilities, you may need to purchase a telephone card and/ or register the numbers you intend to call. Some facilities limit the number of minutes you can have calls per month. It is best to read institutional rules which are usually posted on unit information boards throughout the facility or ask your social worker for specific information about your facility.

6.6 How can I make a complaint about mistreatment?

If you have been mistreated, please inform Consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and inform you of any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, please try to see a doctor, obtain a medical report and if possible photos of the injuries you received.

You will also have access in prison to both formal and informal complaints procedures for the fair and timely resolution of complaints, concerns and disputes arising from prison operations. Please speak with your social worker, request to see the superintendent/warden or other senior prison officer to get procedural details explaining about various channels that you will have available to submit and pursue a complaint.

7. Canadian judicial system

Overview and first steps

7.1 Is the system the same as the UK?

• Canada’s criminal and civil law is similar to the English system of common and statutory law, except for Quebec, where the civil law is based on the Napoleon French Code

• Canada has a written constitution which contains the Canadian Charter of Rights and Freedoms (the ‘Charter’)

• The Canadian criminal justice system is made up of three main components:

• Law Enforcement: who investigate the crime;

• Courts: after arrest, the defendant is charged and brought into the court system to have their case heard;

• Corrections: if a defendant is convicted, they may go into the corrections system; jail or prison.

• The defendant is the person accused of the crime. The Crown Prosecutor is the lawyer trying to convince the judge/jury that defendant committed the crime. The Crown presents evidence to convince the judge or the jury that the defendant committed the crime beyond reasonable doubt. When the defendant is charged with a crime they are legally innocent until proven guilty by the Crown, however this doesn’t mean the defendant will always be released from custody before trial. They could be remanded (held in detention) until trial.

• Please see here the glossary of Canadian Legal Terms.

• The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British, or ask the authorities to waive any penalties.

7.2 For how long can I be remanded in custody?

Upon arrest, you may be released pending your first appearance, or may be kept in custody. If kept in custody, you must be brought before a justice within 24 hours at which time the justice will conduct a bail hearing. For more serious charges a detention order will be made after which the accused can apply for a bail hearing before a judge. A bail hearing may be adjourned by the prosecutor, defence, or the court. However, if the defence does not consent to the adjournment of the bail hearing, the hearing may only be adjourned for up to 3 days.

7.3 What happens when I am charged?

If you are charged with committing a crime you will be provided a document which informs you when and where you must make your first appearance. Your first appearance is the starting point for dealing with your criminal charge – it is not your trial date. You may have several more appearances in court before your trial date is set or the matter is otherwise resolved. If you are in custody, you will be entitled to a bail hearing before proceeding any further with your case.

7.4 What provision is there for bail?

Bail is a written permission from a court, which allows an individual charged with a criminal offence to be out of custody subject to certain conditions as they wait for their case to be resolved (whether by trial, guilty plea, etc.) Section 11(e) of the Charter guarantees the accused the right not to be denied reasonable bail without just cause. Just because you are charged does not mean you are required to have a bail hearing. Other avenues of recognizance are available, including being released on your own recognizance and being released into the authority of a surety. If the accused fails to comply with the conditions of bail, the surety can be required to pay the money which was promised.

If you are a tourist in Canada you won’t have the right to work so will need to have the financial resources to care for yourself while the case is being heard; if you can’t afford to do this and your family can’t assist you, you may wish to consider returning to jail.

• The FCDO is not able to facilitate the transfer of bail funds.

8. Trial and legal assistance

8.1 What kind of legal assistance is available?

If you wish to hire a private lawyer, a list of English-speaking lawyers is provided at the end of this pack. Prisoners Abroad can also supply information on legal aid, court proceedings and can advise on appointing a lawyer.

There are generally three avenues you may take for legal assistance when charged with a crime: 1) legal aid, 2) duty counsel, 3) community legal clinics. Legal aid programmes which are run in provinces throughout Canada are cost-shared programmes that provide funding to the provinces and territories for the delivery of legal aid services for economically disadvantaged individuals. Their purpose is to help low-income individuals by providing them with legal assistance through a broad range of services including assisting them in retaining a lawyer, if they meet eligibility requirements. As each province will have a different system of legal aid available, you would need to confirm with the provincial legal aid programme in the jurisdiction you are charged under. Duty counsel services are also available in many courthouses. Duty counsel is found within criminal and family courts and can give immediate legal assistance to low-income individuals who appear in court without a lawyer. They will advise you about the charge(s) against you, give you advice about your legal rights, obligations and the court process, and may assist you in a variety of situation in the courtroom. Lastly, community legal clinics are available in many cities to give free legal help or advice to individuals who have low incomes.

8.2 What happens at the trial?

When your trial date arrives, you will be required to attend court. When the trial commences, the Crown Attorney will be required to present their case against you first. The Crown Attorney will lead evidence from witnesses and other sources to prove beyond a reasonable doubt that you are guilty of the offences in which you have been charged. Your lawyer will be given an opportunity to question any witness which has been called by the Crown in order to undermine or challenge the evidence that they have presented. The Crown will rest its case once they believe that they have proved your guilt beyond a reasonable doubt. Your lawyer will then have an opportunity to present evidence from witnesses (including your testimony, if you choose to testify) and other sources to challenge the Crown’s case against you.

8.3 Sentences

Depending on the nature of the criminal offence and the specific facts of a given case, there are several sentencing options a judge may utilize when sentencing an offender. Section 718 of the Code provides a framework for all adult sentencing hearings by defining the objectives and principles of sentencing. This includes an emphasis on proportionality and the deterrence and denunciation of criminal conduct. Sentences that can be given in Canada include, but are not limited to the following: 1) absolute discharge, 2) conditional discharge, 3) suspended sentence, 4) probation, 5) fine, 6) intermittent sentence, 7) conditional sentence, and 8) imprisonment. The death penalty has been abolished in Canada. If an offender is sentenced to an absolute or conditional discharge, it means that although a finding of guilt has been made, no conviction is registered. An absolute discharge stays on an offender’s criminal record for one year after the date they received the discharge, while a conditional record remains for three years. With the exception of probation, which is combined with another sentence, the rest of the sentences outlined above carry with them a criminal record.

8.4 How can appeals be made?

Anyone who is found guilty of a criminal charge may ask a higher court to review what occurred at trial. This process is called an appeal and may be initiated by either the offender or the Crown. The offender may appeal against the conviction and/or the sentence, while the Crown may appeal against an acquittal or a sentence. Generally speaking, the Crown’s right to appeal is much more restricted than that of an offender. In order to conduct an appeal the court must have the trial transcripts, and a record of what occurred at trial including the appeal book. Additionally, the appellant and the respondent are both required to file with the court written arguments on the evidence and the law. It should be noted that only in rare cases may an appeal court consider new evidence that was not presented at trial.

9. Reaching the end of your sentence

9.1 What provision is there for reduction of sentence (remission) e.g. for good behaviour?

Until 1992, all prisoners in Canada were entitled to earn remission at the rate of 15 days per month of incarceration. Since 1992, provincial prisoners are still able to earn remission, but section 127 of the Corrections and Conditional Release Act abolished remission for federal prisoners and replaced it with “statutory release” which occurs after two-thirds of their sentence is served. Statutory release is a type of conditional release as offenders are supervised in the community.

9.2 What provision is there for early release e.g. on parole?

Generally, an offender is eligible for parole after serving one-third of his/her sentence. With regards to a life sentence, an offender is eligible for parole after serving seven years, unless otherwise provided. Under section 743.6 of the Code, the judge may (when sentencing for certain offences) delay parole eligibility until the offender has served one-half of the sentence or 10 years, whichever is less. The Judge, when considering this extraordinary measure, must place paramount importance on whether or not the sentence imposed sends a clear message to society as to the seriousness of the offence, and whether the sentence would reflect a general and/or specific deterrence.

9.3 What provision is there for clemency or pardon?

An individual may apply for a record suspension (formerly a pardon) under the Criminal Records Act. A record suspension allows individuals who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens for a prescribed number of years, to have their criminal record kept separate and apart from other criminal records. One becomes eligible for a record suspension 10 years after the expiration of sentence for indictable offences, and five years after the expiration of sentence for a summary conviction offence. Those that have served three or more sentences of two years or more are ineligible for record suspensions, as are those who have been convicted of a sexual offence against a child (with a few exceptions). However, it should be noted that a record suspension in Canada is not always recognised by other countries. As a result, you should consult an immigration consultant if you have any questions or concerns regarding entering another country.

In Canada, clemency is the forgiveness of a crime or the cancellation (in whole or in part) of the penalty associated with it. Clemency is granted by the Governor-General of Canada or the Governor in Council under the royal prerogative of mercy. Applications for clemency are made to the National Parole Board and are granted in exceptional circumstances in deserving cases involving federal offences, where no other remedy exists in law to reduce the severe negative effects of the criminal sanction. Clemency may involve the commutation of a sentence, remission of all or part of a sentence, a respite from a sentence (e.g. for a medical condition) or a relief from a specific prohibition.

9.4 What about any financial penalties?

A Canadian court may order an individual convicted of a crime to pay a fine on its own, or in addition to imprisonment or probation. If the offence, of which the individual is convicted, is a summary conviction offence, the maximum fine is $5,000, unless otherwise stated in the specific statute. Moreover, unless specifically waived by the court, the individual convicted of the offence is required to pay an additional fee known as a victim fine surcharge (“VFS”), which equates to 30% of the fine imposed. If no fine is imposed, this fee is $100 for a summary conviction offence and $200 for an indictable offence.

An individual convicted of an offence may also be required to pay restitution, which is a payment made to the victim of the crime to cover any expenses resulting from the crime, such as personal injury or property loss or damage.

Furthermore, the Canadian legal system also includes numerous “administrative penalties” commonly referred to as administrative monetary penalties, also known as AMPs. These penalties are typically imposed by governmental administrative officials or agencies with prescribed statutory powers. However, it is important to note that unlike a fine in criminal court, AMPs do not result in a criminal record or imprisonment.

Is transfer to another prison within Canada possible? Yes, under the Corrections and Conditional Release Act (the “CCRA”), an individual may be transferred within Canada, from one prison to another. Moreover, in specific situations, an individual may be transferred from a prison to a provincial correctional facility or hospital. Section 28 of the CCRA provides a list of criteria to be utilized when selecting the prison to which an individual is confined.

9.5 Is transfer to the UK a possibility?

The International Transfers of Offenders Act was enacted in Canada to enhance public safety and to contribute to the administration of justice and the rehabilitation of offenders and their reintegration into the community by enabling offenders to serve their sentences in the country of which they are citizens or nationals. Canada is also a part of the multilateral convention on the transfer of sentenced persons, to which the United Kingdom has also acceded. Offenders may be eligible for an international transfer if: 1) they are not a citizen of the country where they are imprisoned or they are dual citizens (citizen of that country and the UK); 2) they have been convicted and sentenced and the judgment is final; 3) they have at least six months remaining of the sentence when the request for transfer is received by the International Transfers Unit (in rare cases this time period may be less than six months); 4) they have been convicted of an offence that is a criminal offence under the laws of their country of citizenship.

9.6 To transfer, you must:

• be a British citizen or have close family ties with the UK (normally through permanent residence in the UK)
• not be awaiting trial
• have exhausted all appeals against your conviction and/or the length of your sentence; or have waived your right to an appeal
• have at least 6 months of your sentence left to serve when you apply for transfer
• have no outstanding fines or other non-custodial penalties

The offence you were convicted for must also be a criminal offence in the part of the UK you wish to be transferred to: England, Wales, Scotland or Northern Ireland.

The authorities in the sentencing country may refuse your request. You should be aware that even if the sentencing State agrees to your transfer then the UK authorities may also refuse your request. Reasons for this might include if you have not lived in the UK for a number of years and you have no close family residents there. You should submit your request through Correctional Services Canada.

To find out more about transfers to the UK: In prison abroad: transfer to a UK prison

9.7 What are the procedures for release and deportation?

When an individual who is not a Canadian citizen is charged with a crime, the police pass this information regarding the charges on to the Canadian Border Services Agency (the “CBSA”). The CBSA is the Canadian government department that is responsible for deportation from Canada. If the individual is convicted of the charges, the CBSA may then prepare a report which would thereafter lead to a removal order or an admissibility hearing before the Immigration Division of the Immigration and Refugee Board (the “IRB”). The outcome of the hearing could be the granting of a deportation order (also known as a “removal order”). Generally, an individual who is ordered to be deported may appeal to the Immigration Appeal Division of the IRB. However, an individual may not appeal a deportation order if he or she has been found to be inadmissible to Canada because of: 1) a serious criminal offence punished in Canada by a term of imprisonment of two years or more, 2) involvement in organized crime, 3) security grounds, or 4) violation of human or international rights. An individual eligible to appeal, must do so within 30 days of receiving the deportation order.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. Possibly you have never lived in the UK and have no connections there, or perhaps you have lost touch with friends and family. You may simply want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad you can visit Prisoners Abroad when you first arrive back in UK for advice, to take a shower, use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance it is best to write and tell your caseworker when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Aftercare Service can help with:

• Advice on finding emergency accommodation in the London area
• Claiming welfare benefits, including emergency benefit payments if you are destitute
• Making appointments with doctors and dentists
• Putting you in touch with local agencies if you are not returning to the London area.

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help back in the UK are The Salvation Army – UK Helpline 020 7367 4888, Monday to Friday 8 AM to 4 PM, or contact your local Salvation Army branch – and The Prison Fellowship, UK Helpline 020 7799 2500, Monday to Friday 9 AM to 5 PM.

9.8 Would I have a criminal record in the UK?

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

10. Additional Information

10.1 Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or on remand. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner and issues that may affect you such as health or transfer to the UK
• obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter
• writing to a pen pal
• learning the language of your country of imprisonment • translation of documents
• grants for food if you are in a developing country and don’t have funds from other sources
• grants for essential medicines and toiletries if you don’t have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and assistance with the cost of visiting

Prisoners Abroad 89 – 93 Fonthill Road London N4 3JH UK

Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, Free phone 0808 172 0098 (Mondays to Fridays 9.30 am to 4.30 pm, UK time)

Email: [email protected]

Website: www.prisonersabroad.org.uk

11. Glossary of Terms

Useful legal terms

Please see here the glossary of Canadian Legal Terms.

12. Annexes

Annex 1: FCDO leaflet: Support for British Nationals Abroad: a guide https://www.gov.uk/government/publications/support-for-british-nationals-abroad-a-guide

Annex 2: FCDO leaflet: In Prison Abroad: Transfer to a UK Prison https://www.gov.uk/government/publications/in-prison-abroad/in-prison-abroad-transfer-to-a-uk-prison

Annex 3: Canada – List of Lawyers https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/582901/Canada_Lawyers_List.pdf

Annex 4: Prisoners Abroad Forms https://www.prisonersabroad.org.uk/arrest-and-imprisonment

Annex 5: Prisoners Abroad Authorisation Form https://www.prisonersabroad.org.uk/Handlers/Download.ashx?IDMF=8c1a920c-15c6-45e4-9ea0-ab4a08099ae1

Annex 6: Prisoners Abroad Contact with family and friends form
https://www.prisonersabroad.org.uk/Handlers/Download.ashx?IDMF=ea6fbe95-97b9-4467-be40-bf0d043f58fa