Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”
In this episode, Kyla Lee from Acumen Law Corporation explores whether Correctional Services can be held legally responsible when someone they release commits harm—and why the Supreme Court of Canada missed a crucial opportunity to clarify that issue.
Key Points Discussed
The Legal Context
In Canada, individuals serving jail sentences are entitled to release after serving a portion of their sentence. Once released, they are typically placed on parole and subject to conditions monitored by Correctional Services.
If a released individual reoffends, they may be brought back into custody or charged with new offences. But it’s rare for victims of those offences to sue both the offender and the correctional system responsible for their release.
This case involved a lawsuit alleging that Correctional Services was negligent in releasing someone on insufficient conditions, leading to harm to another person. The courts dismissed the case, finding no causal link between the release decision and the harm caused.
Why This Case Matters
Establishing Accountability for Release Decisions
The case raised the critical question: When can Correctional Services be found negligent for failing to impose adequate conditions—or for releasing someone in the first place? While no causal link was found in this case, future cases may present different facts.
Relevance to the National Dialogue
With increasing public concern around repeat violent offenders and the so-called “catch and release” system, this was a missed opportunity to build confidence in the integrity of our corrections and parole framework.
Missed Opportunity for Legal Guidance
The Supreme Court could have provided:
-Clarity on what level of evidence is required to show a causal link between a release decision and resulting harm
-Guidance on the standards corrections must meet when imposing release conditions
-Reassurance that the system includes safeguards and accountability when things go wrong
By declining to hear the case, the Court left a significant legal and social question unresolved—one that will likely continue to arise amid ongoing public concerns.
Topics Covered
-Statutory and discretionary release in Canada
-Potential liability of Correctional Services for post-release harm
-Charter and tort law intersections in correctional oversight
-The role of the courts in restoring public confidence in justice and corrections
