At least 54 inmates held past release date in Ontario jails in 2023, documents show

At least 54 inmates stayed in Ontario-run jails longer than they were supposed to last year, CBC Hamilton has learned.

Records obtained by CBC through a freedom-of-information request show the number of inmates held past their release date from early October 2022 to August 2023.

The records show 17 inmates were improperly detained at the Toronto South Detention Centre, nine inmates at the Maplehurst Correctional Complex and six at the Hamilton-Wentworth Detention Centre. Thirteen other jails in Ontario saw this happen to three inmates or fewer.

Reports related to the improper detentions at the Toronto South Detention Centre were heavily censored with white redactions, obscuring how much information there is in each report, as well as details like why and how long people were detained for.

But some reports indicate administrative errors between the courts and the jails caused some of the prolonged detentions. For example, jail staff say they didn't receive documents from court staff.

In at least one other case, an inmate informed staff he was supposed to be released.

The Ministry of the Solicitor General declined an interview but told CBC Hamilton "overdue releases account for less than 0.2 per cent of all releases and the ministry conducts investigations to determine the cause and if any process changes are needed."

While the mistakes seem to be rare, given Ontario's total inmate population was 33,571 in the 2022 fiscal year, some experts, lawyers and the Canadian Civil Liberties Association said the province needs to investigate why this is happening and invest in the system to put a stop to it.

"Any time somebody is detained past their release date, it's not acceptable," said Asgar Manek, a defence lawyer in Hamilton who has had a client who was improperly detained.

Manek said he previously had a client who stayed in jail for a few days past his release date due to a clerical error.

Howard Sapers, former federal correctional investigator and former Ontario independent advisor on correctional reform, said communication gaps between departments, staffing shortages caused by stretched budgets, and a lack of oversight are all factors that lead to these errors.

"Problems like this happen again and again because people simply aren't paying enough attention," he said, adding that most inmates in provincial jails haven't been found guilty of the charges they face.

Manek said in his experience, a lack of local judges, the timing of when documents are sent and the timing of release orders can also lead to overdue releases.

Kelly Hannah-Moffat, a professor at University of Toronto's Centre for Criminology and Sociolegal Studies, said while 54 may not be a lot compared to the entire inmate population in the provincial system, it is still serious.