Parole officers must do case preparation for all prisoners going for parole. This requires the parole officer to complete paperwork for the parole hearing, such as an Assessment for Decision, Correctional Plan, etc. This paperwork is generally ready for the hearing, but sometimes it isn't. If it isn't ready, prisoners may be asked by their parole officer if they want to postpone. If the prisoner doesn't want to postpone, the Parole Board of...
1. The Parole Board of Canada ("PBC") is an independent administrative tribunal. The PBC is separate from Correctional Service Canada ("CSC"). CSC is responsible for managing prisoners' sentences, and CSC makes recommendations to the PBC regarding parole, temporary absences, etc. However, the PBC makes the finally decision. 2. Board Members come from a range of backgrounds. These include criminology, policing, business, education, law, social...
The Parole Board of Canada may grant a prisoner parole, but the prisoner may not be released for several days or weeks. Prisoners may need to wait for a bed at a Community Residential Facility to open up, transportation to be arranged, etc. If a prisoner gets into trouble between getting parole and being released, then their parole officer may provide that information to the Board. The Board then has the ability to cancel the prisoner's parole....
A prisoner can challenge a decision of the Parole Board of Canada by filing an appeal with the Appeal Division. This typically needs to be done within 60 days from when the decision was made. Prisoners can challenge a denial of parole or decision to detain them past their statutory release date. They can also appeal the conditions imposed on their conditional release. For example, a prisoner may want to appeal a residency condition, requirement...
In the provincial and federal correctional systems, prisoners can appeal if they are denied parole. The appeal needs to be sent to the Parole Board of Canada's Appeal Division (for federal prisoners) or to the Chair of the Ontario Parole Board (for provincial prisoners). If the decision is upheld after the internal appeal, there is still the option of pursing judicial review. Prisoners can also reapply for parole. However, there may be a waiting...
Victims have the option to participate in hearings before the Ontario Parole Board and the Parole Board of Canada. Note that victim is a broad category that refers to any individual who has suffered physical or emotional harm, property damage or economic loss as the result of the commission of an offence. Victims can attend hearings, and they can also make a statement to the Board. Statements may be given orally, through written submissions, or...
Prisoners who are granted parole by the Parole Board of Canada (i.e. prisoners serving sentence of 2 years or more) or the Ontario Parole Board (i.e prisoners serving sentences of less than 2 years) must abide by any conditions imposed on their release. Some conditions are standard for all prisoners on parole, but other conditions may be imposed to address a prisoner's particular risk factors. If a prisoner on parole breaches a condition, then...
Accelerated parole review ("APR") is a simplified parole review procedure for federal prisoners. It was repealed several years ago, but prisoners may still be eligible if they were sentenced before March 27, 2011. Generally, prisoners have an in-person hearing before the Parole Board of Canada to be considered for parole, but APR reviews are done on a file review. An in-person hearing is only conducted if parole is not granted after the file...
Under the Corrections and Conditional Release Act, prisoners can be granted parole "at any time" if certain criteria are met. Parole by exception can be granted if a prisoner: is terminally ill, is likely to suffer serious damage to their physical or mental health if continued to be incarcerated, is experiencing excessive hardship that was not reasonably foreseeable at the time of sentencing, or subject to an order of surrender under the...
Since the pandemic began, we've been making the argument that COVID-19 is relevant to parole decision-making. Recent case law has confirmed that the Parole Board of Canada and provincial parole boards are expected to consider the impacts of COVID-19. According to the Parole Board of Canada's website, the Board now agrees that COVID-19 may be considered as part of the Board's legal obligation to consider all relevant available information related...
