Term: Jail (Prison)
Glossary Definition
Last Updated: 2024-07-08
Definition:
While they are often used interchangeably, prison and jail are two different things.
Jails
are run by their respective provincial government. They are used in shorter term situations including for holding individuals awaiting trial or those convicted of less serious offences (with shorter sentences).
Prisons
on the other hand, are run by the federal government and are for longer term situations. They are typically used in cases concerning more serious crimes (and sentences) or situations in which longer sentences are found necessary such as repeat offences. The distinguishing line between jail and prison sentences is a sentence of two years. Those given sentences under two years (even two years minus a day) are sent to jail and those given sentences over are sent to prison. There are a couple of important things to note here however. First, the two-year timeline is based on “go forward time” and not time already served. This means that if an individual was sentenced to two and a half years but has already been in custody for one (and the court gives them credit for this time) that they will go to jail and not prison. Second, a youth will not be sent to prison unless they receive an adult sentence.
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