Page - 380 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

VULNERABLE380 In the short term, during a pandemic wave, the government should use the tools available to them to identify low-risk incarcer- ated individuals that have high health needs, and to release them while providing community support. There are numerous options available for releasing different eligible individuals (none of which had been used during the first wave of COVID-19 to release federally incarcerated people), including parole, parole by exception, statutory release, s. 81 releases for Indigenous individuals (through which CSC may release an individual into the custody and care of an Indigenous authority, with the consent of that authority and of the individual), temporary absence passes,68 and the royal prerogative of mercy.69 Finally, all correctional systems should have some general pandemic protocols, reviewed and approved by public health agencies, that can be swiftly implemented when the need arises. 68. Temporary absences have been used during the first COVID-19 wave by some provincial correctional systems, such as Nova Scotia, to release individuals. 69. CCRA, supra note 3, ss 81, 115, 119, 121, 127; Criminal Code, RSC 1985, c C-46, s 748.