Fact Sheet - Post-Suspension Review for Federal Offenders

From: Parole Board of Canada

Federal offenders on parole or statutory release are supervised in the community by the Correctional Service of Canada (CSC), and subject to conditions of release.

If an offender breaches a condition of their release or is believed to present an increased risk to society, CSC may suspend their release and the offender may be returned to custody.

What happens after an offender’s release is suspended?

Following the suspension of an offender’s release, CSC will complete a risk assessment and may decide to:

1. cancel the suspension and return the offender back to the community on conditional release; or,
2. refer the case to the Parole Board of Canada (PBC) for a “post-suspension review.”

If the offender’s case is referred to the PBC for a “post-suspension” review, the Board will make a decision, after reviewing all relevant available information, to either cancel the suspension or to revoke the offender’s release. The offender will remain in custody until the Board makes a decision.

The PBC will schedule a review of the offender’s case on the earlier of:

• within 90 days after it receives the referral; or,
• on or before the day that the offender has served two thirds of the unexpired portion of the sentence after being returned to custody as a result of the suspension.

A post-suspension hearing will be conducted unless the offender waives their right to have their review conducted by way of a hearing. In the event that the offender waives their right to a hearing, the Board will conduct a file review.

If the offender is being held in custody based on outstanding charges and has not been granted bail, a review will not be scheduled until one of the following criteria is met:

• the charges are resolved;
• bail is granted;
• the offender is returned to a penitentiary; or,
• the PBC receives a request from or on behalf of the offender to schedule a post-suspension hearing, prior to the resolution of the charges or bail granted.

What happens during the post-suspension review?

During the post-suspension review, the Board will assess whether the offender’s risk has changed since their release and will determine whether their return to the community would constitute an undue risk to public safety.

Based on its assessment, the Board will decide whether to:

1. cancel the suspension, and return the offender to the community with the same conditions or with new conditions; or,
2. revoke the offender’s release.

If the Board revokes the release, the offender will stay in custody until they are granted a new release or they reach their next statutory release date, at which time they will be released, unless the Board has ordered that the offender be detained.