Annexes
Official Title: Decision-Making Policy Manual for Board Members,
Annexes
From: Parole Board of Canada
Annex A - Glossary
In Effect
2024-01-02
Glossary
The following definitions are provided for the purposes of the Decision-Making Policy Manual for Board Members.
Adjournment
A decision to temporarily suspend a review, which is made after the Board members have begun reviewing the information on file. (Ajournement)
Administrative Adjournment
A decision to delay a review, which is generally made at least 28 days before the scheduled date of the review. (Ajournement administrative)
Community-Assisted Hearing
A Culturally Responsive Hearing that involves the application of section 84 of the Corrections and Conditional Release Act and allows members of the Indigenous community where the offender’s release is being proposed to participate. Community-Assisted Hearings are generally conducted in the community. (Audience tenue avec l’aide de membres de la collectivité)
Community-Based Residential Facility (CBRF)
A place that provides accommodation to offenders released on a temporary absence, parole or statutory release, or who are subject to a long-term supervision order. CBRFs include community correctional centres, community residential facilities, hostels, private home placements and other facilities designated as CBRFs. (Établissement résidentiel communautaire [ERC])
Community Correctional Centre
A community-based residential facility operated by the Correctional Service of Canada that provides a structured living environment with 24-hour supervision, programs and interventions for the purpose of safely reintegrating the offender into the community. (Centre correctionnel communautaire)
Community Residential Facility
A community-based residential facility operated by a non-governmental agency or a provincial entity that provides a structured living environment with 24-hour supervision, programs and interventions for the purpose of safely reintegrating the offender into the community. (Centre résidentiel communautaire)
Culturally Responsive Hearing
An alternative hearing format that may be conducted at the request of an Indigenous or Black offender, or a non-Indigenous offender who has demonstrated a commitment to an Indigenous way of life. Culturally Responsive Hearings involve the participation of an Elder or Cultural Advisor who may incorporate cultural protocols and/or ceremonies into the hearing, and provide Board members with information about the culture, traditions and experiences of the community with which the offender is affiliated. See also Community-Assisted Hearings. (Audience adaptée à la culture)
Day Parole to an Other Location
Release on day parole to a location other than a penitentiary, community-based residential facility (CBRF) or provincial or territorial correctional facility. An other location may include a private home or private facility that has not been designated as a CBRF. (Semi-liberté dans un autre lieu précisé)
Detention Order
An order made by the Board under subsection 130(3) of the Corrections and Conditional Release Act, which prevents the offender from being released from imprisonment until the expiration of their sentence according to law. (Ordonnance de maintien en incarcération)
Driving Prohibition Order
An order made by the court under section 320.24 of the Criminal Code, or section 259 of the Criminal Code as it read on December 17, 2018, which prohibits an individual from operating a motor vehicle, vessel, aircraft or railway equipment. (Ordonnance d’interdiction de conduire)
Earned Release Date (ERD)
The earliest possible date that a provincial/territorial offender may be released from custody, taking into account all earned remission. ERD may also be referred to as Institutional Release Date, Possible Discharge Date, Discharge Possible Date or Release Due Date. (Date de la mise en liberté méritée [DMLM])
Extradition
The surrender of an accused or convicted person by one state or country to another, usually under the provisions of a statute or treaty. (Extradition)
Foreign Offender
A person who is not a Canadian citizen, who has been found guilty of a criminal offence and is detained, subject to supervision by reason of conditional release or probation or subject to any other form of supervision in Canada and whose verdict and sentence may no longer be appealed. (Délinquant étranger)
Gratuitous Violence
Excessive violence beyond that which is “required” to meet an end, or evidence of sadistic behaviour or torture. (Violence gratuite)
Indeterminate Sentence
A term of imprisonment that does not have an end date, as a result of a dangerous offender, dangerous sexual offender or habitual criminal designation. (Peine d’une durée indéterminée)
Indigenous
Includes First Nations, Inuit and Métis. (Autochtone)
Interpretation
The act of facilitating spoken or sign language communication between two or more parties who do not share a common language by delivering, as faithfully as possible, the original message from source into target language. (Interprétation)
Leave for Compassionate Reasons
In the context of leave privileges, leave to allow the offender to attend to matters affecting themselves, members of their immediate family or other persons with whom they have a close personal relationship. Compassionate reasons may include death or serious illness. (Sortie autorisée pour des raisons de compassion [humanitaires])
Leave for Emergency Medical Reasons
In the context of leave privileges, leave to allow the offender to undergo medical examination or treatment of an urgent nature.(Sortie autorisée pour des interventions médicales urgentes)
Leave Privileges or Leave Passes
A written authorization that temporarily relieves an offender from having to return to a penitentiary, community-based residential facility, provincial or territorial correctional facility, or other location. See also leave for compassionate reasons and leave for emergency medical reasons. (Privilège de sortie ou laissez-passer)
Long-Term Supervision Order
An order imposed by the court that commences when the offender has finished serving all custodial sentences and for which the offender is supervised in accordance with the Corrections and Conditional Release Act. The period of supervision to which the offender is subject at any particular time must not total more than 10 years. (Ordonnance de surveillance de longue durée)
Medical Practitioner
A person who, under the laws of a province or territory, is entitled to practice medicine. (Médecin)
Nurse Practitioner
A registered nurse who, under the laws of a province or territory, is entitled to practice as a nurse practitioner or equivalent designation and to autonomously make diagnoses, order and interpret diagnostic tests, prescribe substances and treat patients. (Infirmier praticien)
Observer
A person permitted by the Board or by a person designated by name or by position by the Chairperson, to attend an offender’s hearing to observe the proceedings. This may include, but is not limited to, media representatives, victims, victim support persons, offender support persons, criminal justice partners, students and members of the general public. It also includes Board members, as well as Parole Board of Canada staff and Correctional Service of Canada staff who are not participants in a particular case. (Observateur)
One-Chance Statutory Release
A type of release that may be ordered in accordance with subsection 130(4) or subparagraph 131(3)(a)(ii) or 131(3)(a)(iii) of the Corrections and Conditional Release Act. In cases where this release is later revoked, the offender is not entitled to be released again on statutory release before the expiration of their sentence according to law. (Libération d’office à octroi unique)
Order for Detention
A document that informs the receiving party that the Canada Border Services Agency is initiating the detention of a foreign offender under the authority set out in section 55 of the Immigration and Refugee Protection Act or under section 105 of the Immigration Act in the case of persons sentenced prior to June 28, 2002. (Ordonnance de détention)
Pardon Application
An application that is processed according to the eligibility and decision-making criteria set out in the Criminal Records Act (CRA) as it read before March 13, 2012. (Demande de pardon)
In the French version of the Decision-Making Policy Manual for Board Members, the term “pardon” is employed in place of “réhabilitation” which is the term employed in the CRA.
Parole Reduced
The status of offenders released on full parole prior to November 1, 1992, who had the majority of standard conditions removed by the Board, with the exception of the conditions to report to their parole supervisor, obey the law and keep the peace, and notify the parole supervisor of any change in their address of residence. The Board may have subsequently imposed or reinstated additional release conditions. (Libération conditionnelle mitigée)
Persistent Violence
Three or more convictions for offences listed in Schedule I of the Corrections and Conditional Release Act, irrespective of their mode of prosecution, where each conviction leads to a custodial sentence of at least six months duration and where the offences occurred on different days. (Violence persistante)
Postponement
A written request submitted by the offender to delay a review. (Report)
Provincial/Territorial Offender
An offender serving a non-intermittent sentence of less than two years in a provincial or territorial correctional facility. (Délinquant sous responsabilité provinciale/territoriale)
Psychiatric Assessment
An evaluation completed by a psychiatrist that addresses mental illness or disorder and the mental capacity of the offender. (Évaluation psychiatrique)
Psychological Risk Assessment
An evaluation of offender risk, needs, responsivity and the manageability of risk, done from a psycho-social perspective, utilizing a variety of scientifically-validated assessment methodologies in an integrated process. It also includes reference to appropriate strategies for the management of risk. (Évaluation psychologique du risque)
Receiving Board
The board that has or would have parole jurisdiction over an offender after the transfer of that offender, pursuant to the Transfer of Parole Jurisdiction Agreement, to the territory under the jurisdiction of that board. (Commission de réception)
Record Suspension Application
An application that is processed according to the eligibility and decision-making criteria set out in the Criminal Records Act as it read on or after March 13, 2012. (Demande de suspension du casier)
Releasing Board
The board that has parole jurisdiction over an offender before the transfer of that offender, pursuant to the Transfer of Parole Jurisdiction Agreement, to the jurisdiction of a receiving board. (Commission de libération)
Remission
In accordance with subsection 6(1) of the Prisons and Reformatories Act, prisoners earn remission through good behaviour. Every sentenced prisoner may be credited with 15 days remission for each month served. (Réduction de peine)
Removal
The expulsion from Canada of a foreign offender who has been found inadmissible to Canada. (Renvoi)
Removal Order
An order issued in accordance with the Immigration and Refugee Protection Act by the Immigration Division of the Immigration and Refugee Board of Canada, or a Minister’s delegate, to a foreign offender who has been found to be inadmissible to Canada. There are three types of removal orders: Departure Order, Exclusion Order and Deportation Order. (Mesure de renvoi)
Royal Prerogative of Mercy
An unfettered, discretionary power vested in the office of the Governor General of Canada by virtue of the Letters patent constituting the office of Governor General of Canada and the Governor in Council, under sections 748 and 748.1 of the Criminal Code, to apply exceptional remedies, under exceptional circumstances, to deserving cases. Also referred to as clemency. (Prérogative royale de clémence)
Serious Harm
Severe physical injury or severe psychological damage. (Dommage grave)
Smudging Ceremony
A ceremony of purification that involves the burning of sacred medicines such as sage, cedar or sweet grass. During a Culturally Responsive Hearing or Community-Assisted Hearing, the Elder/Cultural Advisor may smudge each person by going around the circle or by inviting people to approach the smudge themselves. (Cérémonie de purification par la fumée)
Special Conditions
Conditions imposed by the Board pursuant to subsections 133(3), 133(3.1), 133(4), 133(4.1), 134.1(2) and 134.1(2.1) of the Corrections and Conditional Release Act. (Conditions spéciales)
Standard Conditions
Release conditions listed in section 161 of the Corrections and Conditional Release Regulations that every offender released on an unescorted temporary absence, parole or statutory release, or required to be supervised by a long-term supervision order, is subject to, with the exception of cases where the Board has varied or relieved the offender from compliance with any of the conditions. (Conditions automatiques)
Structured Decision-Making Framework
An empirically informed decision-making approach that guides Board members through the process of considering relevant information when assessing an individual’s risk to re-offend. It is not a risk assessment instrument, a risk scale or decision grid; it is a structured professional judgement model that recognizes Board members’ discretionary authority. (Cadre décisionnel structuré)
Victim
For the purposes of chapters 1 – 11 of the Decision-Making Policy Manual for Board Members, refer to subsections 2(1), 2(3), 2(4), 99(1) and 142(3) of the Corrections and Conditional Release Act. (Victime)
Victim Statement
A written statement from the victim submitted to the Board as set out in subsections 133(3.1), 134.1(2.1), 140(10), 140(11) and 140(12) of the Corrections and Conditional Release Act. (Déclaration de la victime)
A victim statement differs from a “victim impact statement”, which is a written account of the personal harm suffered by a victim of crime that is provided to the court at the time of sentencing pursuant to subsection 722(1) of the Criminal Code.
Voluntary Departure
In the context of the Parole Board of Canada, a term referring to cases where an offender on parole leaves Canada for another country voluntarily. Voluntary departure is not related to removal orders or extradition. (Départ volontaire)
Waiver of Hearing
A written statement submitted by the offender advising the Board that they do not want a hearing. (Renonciation à une audience)
Waiver of Review
A written statement submitted by the offender advising the Board that they do not want to be considered for full parole. (Renonciation à un examen)
Withdrawal
A written request submitted by the offender advising the Board that they no longer want to have their application for a temporary absence or parole reviewed by the Board. (Retrait)
Annex B - Eligibilities Table for Conditional Release
In Effect
2022-10-24
Life Sentence – Minimum
| Type of Release | Eligibility |
|---|---|
| Full Parole | 1st degree: 25 years* 2nd degree: 10 to 25 years*, as determined by the judge Judicial review possible after 15 years in cases where the murder was committed before December 2, 2011 |
| Day Parole | 3 years before full parole eligibility date (FPED) |
| Unescorted Temporary Absence (UTA) | 3 years before FPED A UTA for medical purposes to administer emergency medical treatment may be authorized at any time for an offender whose life or health is in danger (subsection 115(2) of the Corrections and Conditional Release Act [CCRA ]). Offenders classified as maximum security are not eligible for UTAs (subsection 115(3) of the CCRA). |
| Escorted Temporary Absence (ETA) | Any time† |
| Statutory Release | Not Applicable |
* Eligibility is calculated to include time spent in custody following arrest.
† Guidance on granting authority for ETAs is provided in Policy 3.1 (Temporary Absences) and Annex C (Temporary Absences: Frequency, Duration and Granting Authority).
| Type of Release | Eligibility |
|---|---|
| Full Parole | 10 to 20 years* Judicial review possible after 15 years |
| Day Parole | 3 years before FPED |
| UTA | 3 years before FPED A UTA for medical purposes to administer emergency medical treatment may be authorized at any time for an offender whose life or health is in danger (subsection 115(2) of the CCRA). Offenders classified as maximum security are not eligible for UTAs (subsection 115(3) of the CCRA). |
| ETA | Any time† |
| Statutory Release | Not Applicable |
* Eligibility is calculated to include time spent in custody following arrest.
† Guidance on granting authority for ETAs is provided in Policy 3.1 (Temporary Absences) and Annex C (Temporary Absences: Frequency, Duration and Granting Authority).
| Type of Release | Eligibility |
|---|---|
| Full Parole | 25 years* Judicial review possible after 15 years |
| Day Parole | 3 years before FPED |
| UTA | 3 years before FPED A UTA for medical purposes to administer emergency medical treatment may be authorized at any time for an offender whose life or health is in danger (subsection 115(2) of the CCRA). Offenders classified as maximum security are not eligible for UTAs (subsection 115(3) of the CCRA). |
| ETA | Any time† |
| Statutory Release | Not Applicable |
* Eligibility is calculated to include time spent in custody following arrest.
† Guidance on granting authority for ETAs is provided in Policy 3.1 (Temporary Absences) and Annex C (Temporary Absences: Frequency, Duration and Granting Authority).
| Type of Release | Eligibility |
|---|---|
| Full Parole | 5 to 10 years*, as determined by the judge |
| Day Parole | 4/5 of FPED |
| UTA | 4/5 of FPED A UTA for medical purposes to administer emergency medical treatment may be authorized at any time for an offender whose life or health is in danger (subsection 115(2) of the CCRA). Offenders classified as maximum security are not eligible for UTAs (subsection 115(3) of the CCRA). |
| ETA | Any time† |
| Statutory Release | Not Applicable |
* Eligibility is calculated to include time spent in custody following arrest.
† Guidance on granting authority for ETAs is provided in Policy 3.1 (Temporary Absences) and Annex C (Temporary Absences: Frequency, Duration and Granting Authority).
| Type of Release | Eligibility |
|---|---|
| Full Parole | 7 years* , or 10 years* in cases where the court orders delayed parole pursuant to section 743.6 of the Criminal Code |
| Day Parole | 6 months before FPED |
| UTA | 3 years before FPED A UTA for medical purposes to administer emergency medical treatment may be authorized at any time for an offender whose life or health is in danger (subsection 115(2) of the CCRA). Offenders classified as maximum security are not eligible for UTAs (subsection 115(3) of the CCRA). |
| ETA | Any time† |
| Statutory Release | Not Applicable |
* Eligibility is calculated to include time spent in custody following arrest.
† Guidance on granting authority for ETAs is provided in Policy 3.1 (Temporary Absences) and Annex C (Temporary Absences: Frequency, Duration and Granting Authority).
| Type of Release | Eligibility |
|---|---|
| Full Parole | 7 years from the day the offender was taken into custody |
| Day Parole | 3 years before FPED |
| UTA | 3 years before FPED A UTA for medical purposes to administer emergency medical treatment may be authorized at any time for an offender whose life or health is in danger (subsection 115(2) of the CCRA). Offenders classified as maximum security are not eligible for UTAs (subsection 115(3) of the CCRA). |
| ETA | Any time† |
| Statutory Release | Not Applicable |
† Guidance on granting authority for ETAs is provided in Policy 3.1 (Temporary Absences) and Annex C (Temporary Absences: Frequency, Duration and Granting Authority).
Determinate Sentence
| Type of Release | Eligibility |
|---|---|
| Full Parole |
Regular Sentence: the lesser of 1/3 of the sentence or 7 years (subsection 120(1) of the CCRA) Delayed Parole: the lesser of 1/2 of the sentence or 10 years (section 743.6 of the Criminal Code) Combined Sentence: refer to sections 120.1, 120.2 and 120.3 of the CCRA |
| Day Parole | The greater of 6 months before FPED or 6 months (paragraph 119(1)(c) of the CCRA) |
| UTA | The greater of 1/2 of FPED or 6 months (paragraph 115(1)(c) of the CCRA)* A UTA for medical purposes to administer emergency medical treatment may be authorized at any time for an offender whose life or health is in danger (subsection 115(2) of the CCRA). Offenders classified as maximum security and offenders detained beyond the statutory release date are not eligible for UTAs (subsections 115(3) and 130(5) of the CCRA respectively). |
| ETA | Any time† Offenders detained beyond the statutory release date may only be released on an ETA for medical or administrative reasons (subsection 130(5) of the CCRA). |
| Statutory Release | 2/3 of the sentence, plus, for any offender who was serving a sentence at the time the CCRA came into force on November 1, 1992, any days of remission the offender lost or failed to earn that were not recredited. |
*For exceptions refer to sections 120, 120.1, 120.2, 120.3 and 121 of the CCRA.
† Guidance on granting authority for ETAs is provided in Policy 3.1 (Temporary Absences) and Annex C (Temporary Absences: Frequency, Duration and Granting Authority).
| Type of Release | Eligibility |
|---|---|
| Full Parole | 1/3 of the sentence (subsection 120(1) of the CCRA) |
| Day Parole | 1/2 of FPED (paragraph 119(1)(d) of the CCRA) |
| UTA | Provincial Jurisdiction |
| ETA | Provincial Jurisdiction |
| Statutory Release | Not Applicable |
Annex C - Temporary Absences: Frequency, Duration and Granting Authority
In Effect
2022-10-24
In accordance with sections 9 and 155 of the Corrections and Conditional Release Regulations, for the purposes of subsection 17(1) and sections 116 and 117 of the Corrections and Conditional Release Act (CCRA), the granting authority may authorize an escorted temporary absence (ETA) or unescorted temporary absence (UTA) of an offender for the reasons outlined below.
| Type of Temporary Absence | Purpose |
|---|---|
Medical reasons |
To allow the offender to undergo medical examination or treatment that cannot reasonably be provided in the penitentiary. |
Administrative reasons |
To allow the offender to attend to essential personal affairs or legal matters or to matters related to the administration of the sentence that the offender is serving. |
Community service |
To allow the offender to undertake voluntary activity with a non-profit community institution, organization or agency, or for the benefit of the community as a whole. |
Family contact, including parental responsibilities |
To assist the offender in maintaining and strengthening family ties as a support to the offender while in custody and as a potential community resource on the offender’s release, as well as to allow the offender to attend to matters related to the maintenance of a parent-child relationship, including care, nurture, schooling and medical treatment, where such a relationship exists between the offender and the child. |
Personal development for rehabilitative purposes |
To allow the offender to participate in specific treatment activities with the goal of reducing the risk of the offender re-offending, or to allow the offender to participate in activities of a rehabilitative nature, including cultural and spiritual ceremonies unique to Indigenous persons, with the goal of assisting the offender’s reintegration into the community as a law-abiding citizen. |
Compassionate reasons |
To allow the offender to attend to urgent matters affecting the members of the offender’s immediate family or other persons with whom the offender has a close personal relationship. |
Escorted Temporary Absences
| Sentence Details | Type of ETA | Duration and Frequency | Granting Authority |
|---|---|---|---|
Offenders serving:
|
Medical reasons |
Frequency is at the discretion of the granting authority. |
Correctional Service of Canada (CSC) |
Offenders* serving:
|
Administrative reasons Community service Family contact, including parental responsibilities Personal development for rehabilitative purposes Compassionate reasons |
Frequency is at the discretion of the granting authority. |
CSC CSC’s authorization is subject to the Parole Board of Canada’s (PBC) approval for offenders serving a life sentence imposed as a minimum and young offenders sentenced in adult court to life imprisonment. The requirement for PBC approval does not extend to ETAs to attend judicial proceedings or a coroner’s inquest. |
Offenders* serving a sentence of life minimum who have reached day parole eligibility |
Administrative reasons Community service Family contact, including parental responsibilities Personal development for rehabilitative purposes Compassionate reasons |
Frequency is at the discretion of the granting authority. |
PBC Once the PBC has authorized an ETA (with the exception of an ETA for administrative or compassionate reasons) that has not been cancelled due to a breach of condition in relation to it, CSC has granting authority for subsequent ETAs. The PBC’s authority does not extend to ETAs to attend judicial proceedings or a coroner’s inquest, which may be authorized by CSC. |
*Offenders detained beyond the statutory release date may only be released on an ETA for medical or administrative reasons (subsection 130(5) of the CCRA).
† The duration of the ETA is effective as of the first release date for each authorized period. In addition to the time authorized for the purpose of the ETA, an offender may be granted the time necessary to travel to and from the place where the absence is authorized to be spent (subsection 17(5) of the CCRA).
| Sentence Details | Type of UTA | Duration and Frequency | Granting Authority |
|---|---|---|---|
Offenders* serving:
|
Administrative Family contact, including parental responsibilities Compassionate reasons |
Offenders classified as minimum security
Offenders classified as medium security
|
PBC |
Community service Personal development for rehabilitative purposes |
This period may include one or more outings and a specified number of hours per outing. Offenders classified as minimum security
Offenders classified as medium security
A minimum period of 7 days in custody is required between UTAs authorized for either of these purposes. |
PBC |
|
Offenders* serving:
|
Specific personal development program |
This period may include one or more outings per week and a specified number of hours per outing, in order to attend/participate in activities related to a specific development program.
No return to custody is required for a renewal of a UTA for this purpose. |
PBC |
Offenders serving:
|
Medical reasons |
Frequency is at the discretion of the granting authority. |
CSC The Board has conferred this authority to CSC pursuant to subsection 117(1) of the CCRA. |
Offenders* serving:
|
Administrative
|
Offenders classified as minimum security
Offenders classified as medium security
|
CSC
|
|
Offenders classified as minimum security
Offenders classified as medium security
A minimum period of 7 days in custody is required between UTAs authorized for either of these purposes. |
||
|
|
||
Offenders serving a sentence of two years or more for an offence that is not set out in Schedule I or II |
All types |
Follows the duration and frequency for the type of UTA |
CSC |
* Offenders classified as maximum security and offenders detained beyond the statutory release date are not eligible (subsections 115(3) and 130(5) of the CCRA, respectively).
† The duration of the UTA is effective as of the first release date for each authorized period. In addition to the period authorized for the purpose of the UTA, an offender may be granted the time necessary to travel to and from the place where the absence is to be spent (subsection 116(9) of the CCRA).
Annex D – Accelerated Review
Note to Reader
Policy 4.5 (Accelerated Review) is presented as an annex to reflect that the accelerated parole review (APR) provisions of the Corrections and Conditional Release Act were eliminated by the Abolition of Early Parole Act (AEPA) on March 28, 2011.
The Supreme Court of Canada ruling in Canada v. Whaling, 2014 SCC 20, held that the section of the AEPA that eliminated the APR provisions was of no force or effect for offenders who were sentenced prior to the coming into force of the AEPA.
In subsequent rulings, a number of jurisdictions have found subsection 10(1) of the AEPA to be of no force or effect for offenders who committed at least one offence prior to March 28, 2011. This includes offenders who committed a continuous offence that commenced prior to, and continued after, March 28, 2011. These offenders are eligible to be reviewed in accordance with the APR provisions.
This annex is applicable when conducting reviews of cases where the APR provisions remain applicable further to the aforementioned litigation.
4.5 Accelerated Review
Legislative References
- Corrections and Conditional Release Act (CCRA), as it read on March 27, 2011, sections 125, 126, and 126.1 and Corrections and Conditional Release Regulations, as it read on November 30, 2012, sections 149(1) and (2), 159 and 165(a).
Proper Referral
- Before scheduling an offender for review under the accelerated review provisions of the CCRA, the Board must ensure that the referral by the Correctional Service of Canada (CSC) was made in accordance with section 125 of the CCRA, as it read on March 27, 2011. If the criteria in section 125 are not met, the case will be reviewed under the parole criteria in section 102.
Decision-Making Criteria and Process
- Accelerated review for parole requires two distinct evaluations against different criteria:
- assessment of whether the Board is satisfied that there are no reasonable grounds to believe that the offender, if released, is likely to commit an offence involving violence before the offender’s sentence expires; and
- if release on parole is directed, assessment of the need for the Board to impose special conditions of release which will reduce the risk of re-offending non-violently.
Assessing Whether the Offender Is Likely to Commit an Offence Involving Violence
- The Board will form its opinion about the likelihood of violent re-offending based on all available and relevant information provided by CSC, the offender, and others, such as victims or family members. The Board will consider, but is not limited to, the following factors:
- the offender’s potential for violent behaviour as established on the basis of:
- previous violent behaviour as documented in the offence history, provincial and young offender records, police reports of the circumstances surrounding the offence(s);
- the seriousness of previous offences;
- reliable information that the offender has difficulty controlling anger or impulsive behaviour, to the point that it might lead to the commission of an offence involving violence. This information may be obtained from community assessments which have examined a full range of variables including the offender’s family and marital history, substance abuse, social history, medical and psychiatric history, employment history and institutional behaviour;
- threats of violence;
- use of weapons during the commission of an offence;
- attitude of indifference regarding the criminal behaviour and its impact on the victim(s);
- when an offender has been identified as a member or associate of an organized crime group or a criminal gang, the above factors, the circumstances surrounding the offence, and previous charges and convictions will be assessed in the context of these relationships;
- stressors/factors in the community which may be predictive of violent behaviour and the offender’s needs in relation to these factors;
- information relating to the performance and behaviour of the offender while under sentence;
- mental health status of the offender that has the potential to lead the offender to commit, prior to the expiration of the sentence, an offence involving violence;
- information about any of the offender’s attempts to reduce/mitigate the possibility of future violent behaviour and reliable information that the offender recognizes the problem and is participating or has participated in treatment or interventions such as anger management programs.
- the offender’s potential for violent behaviour as established on the basis of:
Assessing the Risk of Non-Violent Re-Offending and the Imposition of Release Conditions
- When release on parole is directed, the Board shall assess the risk of non-violent re-offending and consider imposing conditions. This review will use the assessment criteria outlined in Policy 2.1 (Assessment for Pre-Release Decisions).
- A condition to reside in a community-based residential facility may be imposed but only when the offender represents a high risk of non-violent re-offending and this condition has been determined to be the least restrictive measure available to manage the offender adequately and to facilitate their reintegration. This decision will be based on information from correctional staff that, in view of an assessment of the offender’s needs, accommodation is identified as a need area and a residency condition is considered to be a requirement to address the need.
- In some cases, Board members may have particular concerns that an offender eligible for release under the accelerated review provisions may not co-operate with the proposed conditions. Board members will document these concerns in the decision and reasons to alert CSC to the potential of the offender being non-compliant and/or re-offending.
Accelerated Review Hearing
- When parole is not directed at the in-office review the case will be scheduled for a hearing. Two Board members will conduct the hearing and consider:
- the information that was considered at the in-office review;
- the reasons provided by the previous Board member for the refusal to direct that the offender be released on parole;
- any new information submitted to the Board subsequent to the in-office review; and
- representations from the offender regarding the factors which led to the refusal to direct release at the in-office review.
Cross-Reference
- Decision-Making Policy Manual:
2.1 – Assessment for Pre-Release Decisions
Last Revised Date
2017-03-16
Annex E - Eligibilities Table for Pardons
In Effect
2022-10-24
| Type of Offence | Eligibility |
|---|---|
Offences referred to in Schedule 3 of the Criminal Records Act (CRA) |
No Period of Ineligibility |
Offences punishable on summary conviction |
3 Years |
Service offences (within the meaning of the National Defence Act) for which the applicant was fined $2,000 or less, detained or imprisoned for six months or less and any other service offence, with the exception of offences referred to in subparagraph 4(a)(ii) of the CRA as it read on June 28, 2010. |
|
Offences prosecuted by indictment |
5 Years |
Service offences (within the meaning of the National Defence Act) referred to in subparagraph 4(a)(ii)of the CRA as it read on June 28, 2010, for which the applicant was fined more than $2,000, detained or imprisoned more than six months, dismissed from service, or received a punishment greater than imprisonment for less than two years in the scale of punishments set out in subsection 139(1) of the National Defence Act. |
|
Offences committed by a Canadian offender who was transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act. |
* Guidance on processing applications in cases where the offences span multiple legislative schemes is provided in Policy 12.1 (Pardons/Record Suspensions).
| Type of Offence | Eligibility | |
|---|---|---|
Offences referred to in Schedule 3 of the Criminal Records Act (CRA) |
No Period of Ineligibility |
|
Offences punishable on summary conviction, with the exception of offences referred to in Schedule 1 of the CRA as it read on March 12, 2012. |
3 Years |
|
Service offences (within the meaning of the National Defence Act) for which the applicant was fined $2,000 or less, detained or imprisoned for six months or less and any other service offence, with the exception of offences referred to in paragraph 4(a) of the CRA as it read on March 12, 2012. |
||
Offences punishable on summary conviction referred to in Schedule 1 of the CRA as it read on March 12, 2012. |
5 Years |
|
Offences prosecuted by indictment, with the exception of offences referred to in Schedule 1 of the CRA as it read on March 12, 2012. |
||
Service offences (within the meaning of the National Defence Act) referred to in paragraph 4(a) of the CRA as it read on March 12, 2012, for which the applicant was fined more than $2,000, detained or imprisoned more than six months, dismissed from service, or received a punishment greater than imprisonment for less than two years in the scale of punishments set out in subsection 139(1) of the National Defence Act. |
||
Offences committed by a Canadian offender transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act, with the exception of offences referred to in Schedule 1 of the CRA as it read on March 12, 2012. |
||
Serious personal injury offences (within the meaning of section 752 of the Criminal Code) referred to in paragraph 4(a) of the CRA as it read on March 12, 2012, for which a sentence of imprisonment of two years or more was imposed. |
10 Years |
|
Offences referred to in Schedule 1 of the CRA as it read on March 12, 2012, that were prosecuted by indictment. |
||
Offences referred to in Schedule 1 of the CRA as it read on March 12, 2012, committed by a Canadian offender transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act. |
* Guidance on processing applications in cases where the offences span multiple legislative schemes is provided in Policy 12.1 (Pardons/Record Suspensions).
Annex F - Eligibilities Table for Record Suspensions
In Effect
2022-10-24
| Type of Offence | Eligibility |
|---|---|
| Offences referred to in Schedule 1 of the Criminal Records Act (CRA) | Ineligible |
| More than three offences each of which was either prosecuted by indictment or is a service offence that is subject to a maximum punishment of imprisonment for life, and for each of which the person was sentenced to imprisonment for two years or more. | |
| Offences referred to in Schedule 3 of the CRA | No Period of Ineligibility
|
| Offences punishable on summary conviction | 5 Years |
| Service offences (within the meaning of the National Defence Act) for which the applicant was fined $5,000 or less, detained or imprisoned for six months or less and any other service offence, with the exception of offences referred to in paragraph 4(1)(a) of the CRA. | |
| Offences prosecuted by indictment | 10 Years |
| Service offences (within the meaning of the National Defence Act) referred to in paragraph 4(1)(a) of the CRA, for which the applicant was fined more than $5,000, detained or imprisoned more than six months, dismissed from service, or received a punishment greater than imprisonment for less than two years in the scale of punishments set out in subsection 139(1) of the National Defence Act. | |
| Offences committed by a Canadian offender transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act. |
* Guidance on processing applications in cases where the offences span multiple legislative schemes is provided in Policy 12.1 (Pardons/Record Suspensions).
Annex G - Amendments to the Decision-Making Policy Manual
Third Edition – no. 2 (2024-01-02)
Policies 2.1 Pre-Release Decision-Making, 3.1 Temporary Absences, 4.1 Parole, 5.1 Detention, 6.1 Release Conditions, 6.2 Statutory Release – Residency Condition, 6.3 Leave Privileges, 7.1 Post-Release Decision-Making, 8.1 Offenders with an Indeterminate Sentence as a Result of a Dangerous Offender or Dangerous Sexual Offender Designation, 8.2 Offenders with a Long-Term Supervision Order, 8.3 Provincial and Territorial Offenders, 8.4 Removal Orders, Extradition and Voluntary Departure and Annex A – Glossary
The following amendments have been made to extend the application of the Structured Decision-Making Framework (SDMF) to conditional release decision-making more broadly:
- Policy 2.1 was retitled and the titles of risk-related domain areas, the reference to measures of risk to re-offend and the reasons for decision section were updated to further align with the SDMF.
- Policies 3.1, 4.1, 5.1, 6.1, 6.2, 6.3, 7.1, 8.1, 8.2, 8.3 and 8.4 were streamlined to avoid duplicating guidance provided in Policy 2.1 and revised to promote consistency across the Policy Manual. This includes amending the title of Policy 7.1.
- Specific amendments were made to policies 6.1 and 7.1 to reflect that although post-release behaviour should be considered within the context of a full risk assessment as set out in the SDMF, post-release conduct should be the Board’s central consideration.
- The definition for SDMF was added to the glossary.
Policies 2.1 Pre-Release Decision-Making and 8.1 Offenders with an Indeterminate Sentence as a Result of a Dangerous Offender or Dangerous Sexual Offender Designation
The application of Policy 8.1 was expanded to include all types of conditional release reviews involving an offender serving an indeterminate sentence, and the following amendments were made:
- Guidance was amended to better reflect the extent of the Board’s responsibilities as per Steele v. Mountain Institution (Steele) [1990].
- Guidance related to the assessment of whether the sentence has become grossly disproportionate has been removed.
- Corresponding amendments were made to Policy 2.1 to reflect the changes to Policy 8.1.
Policy 9.1.1 Elder-Assisted and Community Assisted Hearings and Annex A – Glossary
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