PRISON ADVOCACY
prison law
Prison law and prison advocacy are interconnected. Prison law is not often practiced by law firms. In addition, there can be a lack of available legal mechanisms for the legal issues that people in prison face. As a result, advocacy is often the best suited tool for addressing legal wrongs that happen in prisons and jails.
What does legal advocacy look like?
Legal advocacy can look different depending on the situation. Legal advocacy may include helping someone understand their rights, or guidance on what a legal process will look like. Other times, advocacy involves a legal advocate or lawyer communicating with correctional staff by phone, or letter about a serious or ongoing issue. Within advocacy letters, the concern is outlined, and a resolution is proposed and/or requested.
The Process
INTAKE
A person who is incarcerated contacts a legal or non-profit service with a concern or issue that needs to be addressed.
CONSULTATION
A staff lawyer or legal advocate will reach out to the individual to gather facts and assess whether advocacy is appropriate.
WRITTEN ADVOCACY
If the concern is appropriate for written advocacy, the lawyer or legal advocate will communicate with the prison’s warden and/or other involved staff. Communications are often letters which are mailed or emailed.
Advocacy letters include a brief description of the issue, any applicable laws (including human rights and Charter rights), any policies that are not being followed, and a request that the issue be remedied in a timely manner.
CORRECTIONS RESPONSE
Often the prison will reply to advocacy efforts. Depending on the response, advocacy may continue or cease. If the issue worsens, a lawyer may intervene and start a civil suit, complaint, class action, habeas corpus and/or Charter challenge.
Possible Remedies
Resolution of concern
Escalation from advocacy to a legal mechanism such as a habeas corpus application
How PATH can help
Written advocacy letter to Institutional Head/Warden
Communicating (other than by letter) with staff (Parole Officer, Corrections Officer, Social worker, Warden) to informally resole problem
LOOKING FOR OUR HELP?
Fill out our Intake Form, or reach out to our Office Manager by phone at 902 - 704 - 3628 or by email at m.macdonald@pathlegal.ca.
We will reach out to you in a timely manner.
Justice for All, Fair Fees for Everyone: Empowering Communities with Equitable Legal Services.
We will work closely with you to develop a customized payment structure that accommodates your circumstances, ensuring access to quality legal services without compromising your financial well-being.
Practicing lawyers
Jessica Rose
Managing Lawyer
Emma Arnold
Staff Lawyer