If a removal order under the Immigration and Refugee Protection Act has been made against an inmate, then that inmate is ineligible for day parole or Unescorted Temporary Absences ("UTAs") until their full parole eligibility date. A deportable inmate can be deported once they reach their full parole eligibility date, if granted either UTAs or parole. The Parole Board of Canada can grant parole even if the offender does not consent. If a removal...
Inmates on day parole are required to return to a penitentiary, community-based residential facility, provincial correctional facility, or other location each night or at another specified interval. On November 15, 2018, the Parole Board of Canada updated the Decision-Making Policy Manual to allow inmates to apply for day parole to a private residence or private facility (nursing home, treatment center, etc.). Private residences classify as an...
If an offender is released on parole, conditions may be imposed on the offender's release. The points below apply to those release by the Parole Board of Canada, but note that the Ontario Parole Board also has the power to impose conditions. Some conditions are mandatory for every offender released on parole. These standard conditions include reporting to a parole supervisor, remaining in Canada, obeying the law and keeping the peace, not owning...
Often, offenders will provide their applications to their parole officers, who then submit the applications to the Parole Board of Canada. However, there is nothing preventing an offender from submitting an application directly to the Board, according to R v Richer, 2019 SKQB 193, at para 15. Once the Parole Board of Canada receives an application, it has 6 months to hold a parole hearing, according to section 157(2) of the Corrections and...
The Parole Board of Canada can consider all relevant and available information, provided it is reliable and persuasive. It has access to and can consider a range of information, including: Correctional documents Court transcripts (reasons for decision and sentence) Pre-sentence reports Police reports Psychiatric reports Criminal records Victim impact statements Risk/actuarial assessments Offenders can also submit documents to the Board,...
In Canada (Attorney General) v Samuel, 2019 ONCA 555, the Ontario Court of Appeal held that costs cannot be awarded in habeas corpus applications brought to challenge parole revocation decisions. These applications are criminal rather than civil in nature. Section 135 of the Corrections and Conditional Release Act indicates that parole revocation is about the protection of society, which is a criminal law purpose. As such, costs cannot be...
If an offender receives new charges and is convicted, it may push back the offender’s parole eligibility date. How parole eligibility dates are calculated is a correctional law matter dealt with in the Corrections and Conditional Release Act. The parole eligibility rules for those convicted of additional sentences are set out in sections 120.1, 120.2, and 120.3. The method used to calculate the new parole eligibility date depends on whether...
If prisoners don’t follow their parole or statutory release conditions, then their parole or statutory release can be suspended. Note that parole or statutory release can also be suspended for other reasons, including: To prevent a breach of a condition; To protect society; or If the prisoner receives an additional sentence (other than a conditional sentence being served in the community or an intermittent sentence) are automatically...
Ultimately, the Parole Board of Canada decides whether federal inmates get parole, but others provide recommendations to help the Board. These include: Community Assessment Team (CAT). This typically consists of individuals like parole officers, police officers, community representatives, halfway house representatives, and/or mental health professionals. Case Management Team (CMT). This typically consists of a parole officer, Correctional...
Prepare. The Board has access to offenders’ correctional documents and will base their questions around the information contained in those documents. Reviewing documents beforehand can help avoid surprises at a parole hearing. Be open, honest, and transparent. Attempting to deceive the Board can severely affect an inmate’s chances of being granted parole. Ask for clarification, if needed. Sometimes it is hard to know what a...
