Parole is the supervised early release of inmates from correctional confinement. According to the National Parole Board of Canada, it is a carefully constructed bridge between incarceration and return to the community.

The National Parole Board of Canada has exclusive authority under the Corrections and Conditional Release Act to grant, deny or terminate parole. First use of parole in Canada in 1899. It was quite arbitrary.

Four types of conditional release:

 

(i)                  temporary absence: escorted or unescorted. For several purposes, e.g., work on community service projects, contact with family, personal development or medical reasons.

(ii)                Day parole: to participate in community based activities that may prepare the offender for release on full parole or for statutory release. Offenders must return to the institution or a halfway house at night.

(iii)               Full parole: prisoners serve the remainder of their sentences under supervision within the community.

(iv)              Statutory release: most federal inmates -except lifers and indeterminate sentences- must by law be released under supervision once they have completed two-thirds of their sentence

Lifers:

Full parole:

1st degree murder: 25 years

2nd degree murder: 10-25 years in Sentence.

All other crimes: 7 years.

Dangerous offenders:

7 years + 2+ 2+2

Day parole/ETAs

3 years before full parole eligibility

Parole conditions:

General conditions: not to leave the jurisdiction, report to parole officers, parole officers may visit parolees at their homes or places of business, obligation to find a job within 30 days, restitution payments.

Specific conditions: follow rehabilitation programs.

General Principles:

·        Protection of society

·        Rehabilitation of offenders

·        Reintegration to society

Risk assessment based on three principles: (i) protection of society, (ii) supervised release increases the likelihood of successful reintegration to society, and (iii) restrictions limited to those necessary to protect society.

Risk assessment decision making:

Two aspects of information: may or may not include hearing.

1)       Offender's criminal history risk factors and identified needs areas at the time of incarceration.

The nature of the offense, criminal and social history, the role of alcohol or drugs in the offender's criminal behavior, information about anti-social behavior, attitude of indifference to the criminal behavior and its impact on the victim, any indication of violence or abuse of family members, employment, participation in treatment programs, his mental health status as it affects the likelihood of future criminal acts. Also, recommendations by judge, VIS, performance in school and psychological and or psychiatric assessments, if available.

2)       Institutional behavior or under conditional release as indicative of the risk the offender may present to the community.

After identifying the major case specific factors, the Board considers any evidence of change in the offender, particularly efforts aimed at mitigating the risk factors.

Evidence of positive change in attitude and behavior as a result of incarceration and participation in programs, institutional behavior.

3)       Release Plan

The release plan and whether it addresses the identified needs and risk factors of the offender, programs, community assessment, community input, requests from victims (a no contact condition), immigration status for foreign nationals.

Imposition of standard and specific conditions.

Concluding assessment of RISK presented by the offender.

The National Parole Board must grant parole if:

a)      the offender is not likely to reoffend;

b)      there is a risk of reoffending, but it can be managed by specific intervention.

While making a decision, the NPB must consider the following principles:

1)      protection of society;

2)      consideration of all available information in the case management process, and

3)      make the least restrictive determination to ensure protection of society.

 

PROBATION

It is a sentence served while under supervision in the community. It is a court-ordered sanction. The goal is to allow for some degree of control over criminal offenders while using community programs to try to rehabilitate them.

It is the most commonly used form of criminal sentencing in Canada.

Those sentenced to probation must agree to abide by court mandated conditions: (i) general: to obey all laws, maintain employment, remain within the jurisdiction of the court, possess no firearm, allow the probation officer to visit at home or at work, etc. and (ii) specific: to pay fine to the court: follow rehabilitation programs, prohibiting a person from associating with others, remain at home after dark.

Probation may be imposed:

·        as a sentence of its own if no minimum penalty;

·        following a prison term of 2 years or less;

·        as part of a conditional discharge or a suspended sentence or intermittent sentence.

Ordered by a judge at sentencing, maximum 3 years.

Violation of parole: automatic re-incarceration. Violation of probation: court (new charge).

FULL PAROLE

·        Life sentence minimum

·        1st degree 25 years

·        2nd degree 10 to 25 years as determined by judge

·        Life sentence maximum

·        7 years or 10 years

·        Indeterminate sentence

·        7 years

·        Sentence of two or more years

·        The lesser of 1/3 of the S+ or 7 years

·        Sentence of Less than two years

·        1/3 of the sentence

 

DAY PAROLE

 

 

·        Life sentence minimum

·        3 years before Parole Eligibility Date

·        Life sentence maximum

·        6 months before Parole Eligibility Date

·        Indeterminate sentence

·        3 years before Parole Eligibility Date

·        Sentence of two or more years

·        The greater of 6 months before Parole Eligibility Date or 6 months of sentence

·        Sentence of Less than two years

·        1/2 of the Parole Eligibility Date

 

UNESCORTED TEMPORARY ABSENCES

 

 

·        Life sentence minimum

·        3 years before Parole Eligibility Date

·        Life sentence maximum

·        3 years before Parole Eligibility Date

·        Indeterminate sentence

·        3 years before Parole Eligibility Date

·        Sentence of two or more years

·        The greater of 6 months before Parole Eligibility Date or half of the sentence (medical purposes at any time if authorized)

·        Sentence of Less than two years

·        1/2 of the Parole Eligibility Date

 

ESCORTED TEMPORARY ABSENCES

 

·        Life sentence minimum

·        At any time (medical reasons, court proceedings)

·        Life sentence maximum

·        At any time

·        Indeterminate sentence

·        At any time

·        Sentence of two or more years

·        At any time

·        Sentence of Less than two years

·        At any time (provincial jurisdiction)