Providing Alternatives to Isolation and Ensuring Oversight and Remedies in the Correctional System Act (Tona’s Law)

Summary#

This bill would change Canada’s federal prison law to limit isolation, strengthen mental health care, and add outside oversight. It focuses on people in federal penitentiaries and creates new roles for courts and community groups.

• Limits time in a structured intervention unit (an isolation area) to 48 hours unless a higher court approves more time.
• Requires quick mental health checks for people entering prison and for those moved into isolation; if staff can’t do the assessment, the person must be sent to a hospital for it.
• Requires transfer to a hospital if a health assessment shows the person has disabling mental health issues.
• Expands agreements so Indigenous groups and community organizations serving disadvantaged or minority populations can provide correctional services and help with release plans.
• Makes it easier for people in federal custody to ask the original court to shorten their sentence or parole ineligibility if prison officials acted unfairly or unlawfully.
• Requires the Parole Board to give written reasons if it rejects a community release plan.

What it means for you#

• Workers and people in federal prisons

  • Isolation beyond 48 hours would need a court’s approval. This adds an outside check on extended isolation.
  • You would get a mental health assessment soon after arriving in prison and within 24 hours of being placed in isolation. If prison health staff aren’t available, you’d be sent to a hospital for the assessment.
  • If a health professional finds you have disabling mental health issues, you must be transferred to a hospital for care.
  • You could ask the sentencing court to reduce your time if prison officials treated you unfairly (for example, acted against policy, were discriminatory, or made serious mistakes).

• Families and loved ones

  • More hospital care for people with serious mental health needs.
  • More chances for community-based programs to support safe release and reintegration.

• Indigenous Peoples and other marginalized communities

  • Community groups, Indigenous governing bodies, and organizations serving disadvantaged or minority populations could make formal release plans and, with consent, take on care and custody in the community.
  • The prison service must seek these agreements and transfers when appropriate and cannot refuse a consensual transfer unless a court finds it is not in the interests of justice.

• Community groups and service providers

  • New pathway to sign agreements to provide correctional services and support release and reintegration.
  • You may receive notice of parole reviews and can propose plans. If the Parole Board disagrees with your plan, it must explain why in writing.

• Correctional Service of Canada and staff

  • Courts would oversee longer stays in isolation.
  • You must arrange timely mental health assessments or hospital transfers.
  • You must identify and work with community partners and consider transfers to them when person and provider agree.

• Courts and the Parole Board

  • Courts would review requests to extend isolation past 48 hours and applications to reduce sentences where unfairness occurred.
  • The Parole Board must provide reasons if it does not follow a community release plan.

Expenses#

No publicly available information.

Proponents' View#

• Adds strong safeguards against harmful isolation by requiring a court’s approval after 48 hours.
• Moves people with disabling mental health issues to hospitals, leading to better care and safety for everyone.
• Brings more transparency and fairness by letting courts reduce time when prison officials act unfairly or unlawfully.
• Expands community-led supports that can improve reintegration and reduce reoffending.
• Addresses the overuse of isolation for Indigenous and marginalized people by promoting less restrictive alternatives and community partnerships.

Opponents' View#

• Could strain court resources with new hearings to extend isolation and to review sentence reduction requests.
• May limit prison officials’ flexibility to respond quickly to safety or security issues inside prisons.
• Requires more hospital capacity and qualified health staff, which may be hard to meet in some regions.
• Community groups may lack resources to take custody or support complex cases, leading to uneven access across the country.
• More legal challenges and administrative steps could slow decisions and increase costs.