Summary of Issue: Imprisonment

Decision 69567 Full Text of Decision 69567

The claimant was not entitled to the sickness benefits he received while in prison.

Decision 14993 Full Text of Decision 14993

Truck driver charged with attempted murder found not guilty due to insanity and placed in forensic unit of hospital. Not prison-like institution. Neither convicted nor sentenced. Any other person with mental illness could be in that hospital. See CRUPI.

Decision A-0451.85 Full Text of Decision A-0451.85

Since the remand to the Penetanguishene Hospital had neither a custodial or a punitive objective, how can an institution which is clearly a hospital and which treated claimant as one suspected of being ill be said to be a prison-like institution? It is irrelevant whether the Penetanguishene Hospital is part of a penitentiary complex. No less a hospital simply because situated beside a penitentiary. The correct test to apply is: what is the reason, purpose or object of the confinement? A person can be an inmate of a prison or similar institution only if the institution is in truth a prison or similar institution: that must be the nature of the institution itself. Being a patient in hospital on remand and confined against his will not conclusive. [Ryan J.] S. 32 clearly contemplates a gaol, penitentiary (as described in 7(2)(b)) or any other institution having a general likeness to a prison. In the scheme of the legislation, a bona fide hospital is not an institution similar to a prison.