Steve was incarcerated at the Vancouver Island Regional Correctional Centre (VIRCC). He was frustrated to learn that VIRCC had decided not to take days off his sentence that he believed he had earned. Steve felt that he was being treated unfairly because he had not been provided with the chance to address and correct the issues that led to his earned days being withheld.

Not getting answers to his questions, Steve contacted us for assistance

We reviewed the relevant sections of the Correction Act Regulation as well as documentation of the incidents VIRCC had cited as the reason it withheld the days. We also questioned the adequacy of the documentation of the relevant incidents. In response to our concerns, VIRCC provided additional context regarding the challenging nature of Steve’s living unit, including the new staff working on the unit at the time. VIRCC agreed with our findings that the record of the incidents did not meet the standards expected. Further, VIRCC did not have procedures in place to guide staff in documenting these types of incidents or in the remission determination process.

As a result of our review, VIRCC developed a procedure that incorporated best practices regarding such determinations, briefed its staff on the procedure and reassessed that month’s determinations for individuals who had been affected, including Steve. This reassessment ultimately resulted in Steve receiving additional earned days off his sentence.