Many are familiar with criminal law, which represents the set of rules aimed at targeting and punishing criminal offenses.
Prison law, a corollary of criminal law, is a little less known but equally fundamental. It is important not to confuse criminal law and prison law. So, what does prison law exactly represent? It refers to the rules that govern the incarceration of a prisoner, before and after their sentence.
Thus, a prison law attorney specializes in this branch of law, and their contribution is necessary for the respect and advocacy of the rights of anyone facing a prison sentence. Therefore, we will discuss prison law, the role of an attorney in the prison context, as well as the rights of detainees in a prison environment.
Prison law: what is the role of an attorney?
Prison law is of fundamental importance when an individual faces a prison sentence. Seeking the services of a prison law attorney can assist the inmate before and after the determination of their sentence . Their main mission is to defend and protect the rights of the incarcerated person.
The role of a prison law attorney can be summarized as follows:
- He prepares the entry and integration of the prisoner into a correctional facility;
- He represents the prisoner before the various disciplinary bodies throughout the duration of the sentence;
- He plans the prisoner's release plan and guides them towards obtaining parole.
Imprisonment represents a considerable deprivation of liberty, so it is important to be informed about the different aspects of prison law and the rights recognized for prisoners.
The federal and provincial systems of prison law
Prison law is characterized by the fact that it involves two branches of law: both criminal law and administrative law. It applies to any person facing a sentence in a correctional facility.
In Quebec, two laws govern the rights and obligations of detained individuals: the Quebec Correctional Services Act and the Corrections and Conditional Release Act in Canada. These two systems of correctional administration exist in parallel: the applicable law will depend on the length of the defendant's sentence.
Imprisonment sentences of less than two years are governed by provincial institutions, meaning provincial prisons, and therefore by the Quebec Correctional Services Act. The provincial system is regulated by the Quebec Correctional Services (QCS).
Imprisonment sentences of more than two years are governed by federal institutions, meaning federal penitentiaries, and therefore by the Corrections and Conditional Release Act. As for the federal system, it is regulated by the Correctional Service of Canada (CSC).
What are the distinctions between the provincial system and the federal system?
Individuals held in a provincial prison are those with shorter sentences. As a result, the provincial system is subject to more flexible management. In a provincial prison, there are less structured in-house stay programs compared to the federal level due to fewer resources in the system. The daily time spent in a cell can also be longer in a provincial prison.
In terms of case management, federal penitentiaries distinguish themselves with stricter monitoring of inmates' cases and a more structured organization. The correctional plan is well-planned from the beginning of the sentence, and constant follow-up is done by case management officers.
It is beneficial for the inmate to maintain good relationships with their parole officer and the assigned case management team upon arrival at the correctional facility.
Parole Programs
For any inmate, obtaining parole is the best-case scenario at the end of their prison sentence. Parole is a type of conditional release granted to individuals who have been sentenced to incarceration. It is a measure of social reintegration that aims to allow the incarcerated person to reintegrate into the community while having to comply with strict conditions.
In order to maximize their chances of obtaining parole, the inmate must follow the recommended programs in their correctional plan. This is a condition for obtaining parole. Thus, it is important for the detainee to comply with the recommendations that are made to him in order to obtain a positive recommendation from the prison establishment to the Parole Board, which is the administrative tribunal responsible for making decisions on parole and the suspension of the criminal record.
The prison law attorney plays a key role in obtaining parole. This is a lengthy process characterized by different conditions for release and different types of parole.
If you or a loved one is detained or facing imprisonment, it is therefore important to seek the assistance of a prison law attorney as soon as possible so that they can assist you in the context of parole. Their role also includes representing you at the parole hearing.
The rights of detainees in a prison setting: what do you need to know?
In some cases, it is not necessary to have been sentenced to imprisonment in order to end up in a prison setting. Indeed, if you have been accused of an offense, you may be detained pending a trial or sentence. Canadian law therefore provides for certain fundamental rights that apply to detainees:
- The right to liberty;
- The right to a fair trial and to a full and complete defense;
- The presumption of innocence;
- Detention with respect for human dignity.
JuriGo helps you find a lawyer specializing in prison law!
If you are a detainee, it is important to seek the assistance of a lawyer specializing in prison law, even if a sentence has not yet been pronounced. The same applies if you are detained or if a sentence has been pronounced against you.
The prison lawyer can help you prepare your parole file, if your situation allows for it. In any case, this lawyer can guide you in the preparation of your entry into the prison environment as well as throughout the judicial process.
How can you find a prison lawyer? Don't worry, JuriGo can connect you with a prison law lawyer in your area!
All you have to do is fill out the form at the bottom of the page, and we will take care of the rest. This initial contact is free and without obligation, so what are you waiting for to defend your fundamental rights?