An adult incarcerated in a penitentiary, house of detention or any other prison is INELIGIBLE for a last resort financial assistance program. An adult required to reside in a half-way house is also INELIGIBLE, except in the cases specified in the Framework Policy.
An adult required to reside in a community resource (alcoholism, drug abuse) is inadmissible for assistance in the following situations:
- where this condition is ordered by a judge following his or her sentence;
- where this condition is ordered to obtain a temporary absence leave;
- where this condition is ordered upon his or her parole;
- where this condition is ordered as part as of a probation order
Assistance will however be paid under the discretionary power (Refer to 3.1.2.2).
The accused who has the obligation to reside in a community shelter is entitled to regular assistance and is not considered as "required to reside." (Refer to 3.1.2.2).
In its usual sense, "detainee" means any person who is PHYSICALLY INCARCERATED in any type of detention house , because he or she is awaiting trial, or awaiting his or her day in court or who is serving a sentence after being found guilty of a charge laid against him or her.
The expression REQUIRED TO RESIDE refers to adults who have not entitled to select themselves their place of residence. To change their address, they must be allowed to do so by an authority, such as a judge, a probation or a parole officer.
When the Income Security is informed that a person is ILLEGALLY AT LARGE, that person is deemed to be incarcerated ONLY if he or she meets the following two conditions:
- he or she is ILLEGALLY AT LARGE
AND
- a WARRANT FOR HIS OR HER ARREST HAS BEEN ISSUED.
In this case, such persons are ineligible for assistance until they have shown that they have rectified their situation with the legal authorities.
Illegally at large describes:
- any adult detained or presumed detained in a house of detention who has escaped or is free without a legitimate excuse;
or
- any adult whose parole has been suspended.
It should be noted that a person placed under mandatory supervision or a probation order instead of being sentenced to prison is not illegally at large.
The same goes for a person sentenced to pay a fine.
A PERSON IS PRESUMED DETAINED when he or she is detained but physically not in a house of detention:
- during transfer to another institution;
- during a temporary absence;
- as part of a program of activities for detainees;
- for humanitarian reasons;
- for medical reasons;
- while he or she is in the custody of the warden of the institution for any other reason.
THE ARREST is the action to deprive a person from his or her freedom. The ARREST WARRANT is an order from the court to proceed to the arrest of a person to make him or her appear before a judge or another justice officer.
- A MANDAT D’AMENER [warrant for appearance] is issued for a person to be brought before a justice of the peace or before someone with the powers of an investigation commissioner.
- A MANDAT DE DÉPÔT [warrant for payment] is issued to oblige a person to pay a fine where failure to do so could result in imprisonment
|
ADULT DEEMED TO BE INCARCERATED AND INELIGIBLE |
|
1) Assistance granted by virtue of discretionary power.