Prisoners have their day and full parole eligibility dates calculated at intake. These eligibility dates are generally the earliest the Parole Board of Canada will release a prisoner. However, prisoners can also apply for parole by exception if: a) They are terminally ill; b) Their physical or mental health is likely to suffer serious damage if the offender continues to be held in confinement; c) Continued confinement would constitute an...
In R v Morgan, 2020 ONCA 279, the Ontario Court of Appeal dismissed a sentence appeal brought during the COVID-19 pandemic. However, the Court clarified that COVID-19 is relevant to parole decision-making, at paragraph 12: "That result does not mean that there is no potential remedy for the appellant respecting the impacts arising from the COVID-19 pandemic. We expect that the Ontario Parole Board will take into account those impacts in deciding...
In response to COVID-19, the Parole Board of Canada has adopted some interim measures. Many of the changes are simply procedural. Hearings are now conducted via videoconference or teleconference, observers are not allowed to attend (except for victims), and lawyers attend by teleconference. However, there are some notable substantive changes as well. First, Elder-Assisted hearings are suspended, since they can only be conducted in-person with...
During the COVID-19 pandemic, it's worth remembering that inmates can be granted day parole to a private residence. Under the Corrections and Conditional Release Act, the Parole Board of Canada can grant day parole to a penitentiary/jail, community-based residential facility, or an "other location". Other location includes a private home or private facility. Day parole to a private residence is different than full parole. A curfew and other...
The COVID-19 outbreak may provide an opportunity for some federal inmates to obtain early parole, also known as parole by exception. Federal inmates are given their day and full parole eligibility dates when they enter custody. However, inmates can be released earlier under the Corrections and Conditional Release Act in certain circumstances. Section 121(1) says that "parole may be granted at any time" if: The inmate is terminally ill; The...
Inmates can continue to submit applications for parole, temporary absences, etc., and they are entitled to have a hearing or review in the timeline set out in the relevant statute or regulation. COVID-19 does not impact inmates' eligibility for parole or temporary absences. At the moment, provincial and federal parole hearings are continuing during the COVID-19 outbreak. Inmates are entitled to proceed with their scheduled hearings, and they...
A judge can impose a probation order in addition to a fine or term of imprisonment, but only if the term of imprisonment is less than 2 years. A probation order generally comes into force on the day the order is made, meaning the sentencing date. However, individuals who are imprisoned are treated differently. The clock runs from the time the offender is released or (if granted conditional release) at the end of the sentence of imprisonment. A...
Offenders serving sentence of 2 years or more are entitled to a full parole hearing and can also apply for day parole. Offenders are advised of their eligibility dates during the intake process. An offender is entitled to a full parole review within the 6 months before their eligibility date, and day parole hearings are generally to be held within 6 months of the application being received. That said, parole hearings won't necessarily go ahead...
In some cases, the court has the power to delay an offender's parole eligibility until they have served half their sentence or 10 years (whichever is less). This can only be done for select offences that are prosecuted by indictment, and only if the offender is sentenced to two years or more. If the court doesn't delay an offender's parole eligibility, then the normal rules for parole eligibility in the Corrections and Conditional Release Act...
Inmates are automatically considered for parole or entitled to a hearing in some cases, but in other cases they need to apply. Regardless, inmates should speak with their Parole Officer or Institutional Liaison Officer about their parole eligibility and ensure all paperwork is in order well in advance. Provincial inmates (those serving sentences of less than 2 years) The Ontario Parole Board must consider inmates for parole if they are serving a...
