Chapter 8 - Miscellaneous

In Effect

2024-01-02

Legislative Framework

Corrections and Conditional Release Act, sections 100, 100.1 and 101.
Criminal Code, sections 753, 760 and 761.

Assessment Process

1. Board members will assess all relevant available information in accordance with Policy 2.1 (Conditional Release Decision-Making) to determine whether the legal criteria for the decision under review are met.
2. When assessing the case of an offender with an indeterminate sentence, Board members will review the condition, history and circumstances of the offender, pursuant to section 761 of the Criminal Code.
3. By carefully applying the relevant legal criteria under the Corrections and Conditional Release Act when conducting a conditional release review for an offender serving an indeterminate sentence, the Board ensures that the offender’s sentence is tailored to their individual circumstances.
4. Guidance on the legal criteria and additional considerations specific to each type of conditional release review is provided in policies 3.1 (Temporary Absences), 4.1 (Parole), 6.1 (Release Conditions) and 7.1 (Post-Release).
5. In determining whether the legal criteria are met, Board members should give particular attention to the offender’s progress in addressing their risk factors and needs.
6. Board members will consider all relevant factors, including, but not limited to:
   1. the length of incarceration;
   2. whether appropriate programs and/or interventions have been offered to the offender to address their risk-related needs;
   3. whether the offender’s needs have changed;
   4. whether additional programs, including maintenance programs, and/or interventions are available to address outstanding needs; and/or
   5. previous release decisions and Correctional Service of Canada case management assessments.
7. In cases where the offender has breached a condition during the current or previous periods of conditional release, Board members will consider all relevant factors, including, but not limited to:
   1. the nature and circumstances of the breach;
   2. whether the offender understood the condition; and
   3. whether the offender has a reasonable explanation for the breach, which may include the effects of institutionalization associated with the length of incarceration.

Decision and Reasons

8. Guidance on providing reasons for decision is provided in Policy 2.1 (Conditional Release Decision-Making).

Cross-References

9. Decision-Making Policy Manual

   2.1 Conditional Release Decision-Making

   3.1 Temporary Absences

   4.1 Parole

   6.1 Release Conditions

   7.1 Post-Release

In Effect

2024-01-02

Legislative Framework

Canadian Victims Bill of Rights, section 15.

Corrections and Conditional Release Act, sections 99.1, 100, 100.1, 101, 134.1, 134.2, 135.1 and 140(2).

Corrections and Conditional Release Regulations, sections 147 and 161(1).

Criminal Code, sections 753(5), 753.1, 753.2, 753.3, 753.4, 755(2) and 760.

Decision-Making Criteria and Process

1. Board members will assess all relevant available information in accordance with Policy 2.1 (Conditional Release Decision-Making) to determine whether the legal criteria for the decision under review are met.

Conditions on Long-Term Supervision

2. Pursuant to subsection 134.1(1) of the CCRA, offenders who are required to be supervised by a long-term supervision order are subject to the standard conditions prescribed in subsection 161(1) of the Corrections and Conditional Release Regulations.
3. Special conditions imposed on parole or statutory release do not carry over to the long-term supervision of the offender.
4. Guidance on imposing, varying and removing special conditions, as well as varying and relieving from compliance with standard conditions is provided in Policy 6.1 (Release Conditions).

Duration of Condition to Reside in a Community-Based Residential Facility

5. When a condition to reside in a community-based residential facility is imposed on the long-term supervision of an offender, it will be limited to a maximum of 365 days. If the Board does not make a subsequent decision to prolong the condition, it will expire.

Reviews Following a Suspension

6. Pursuant to subsection 135.1(6) of the CCRA, the Board will review the case of an offender upon referral and:
   1. cancel the suspension, if it is satisfied that, in view of the offender’s behaviour while being supervised, the resumption of long-term supervision would not constitute a substantial risk to society by reason of the offender re-offending before the expiration of the period of long-term supervision; or
   2. recommend that an information be laid charging the offender with an offence under section 753.3 of the Criminal Code, if it appears that a breach of condition has occurred, and the Board is satisfied that no appropriate program of supervision can be established that would adequately protect society from the risk of the offender re-offending.
7. In determining whether to cancel the suspension or recommend that an information be laid, Board members will consider all relevant factors, including, but not limited to:
   1. the offender’s progress in addressing their risk factors and needs since release;
   2. the offender’s behaviour, including while unlawfully at large and since re-incarceration, if applicable;
   3. whether the offender has breached a standard or special condition;
   4. whether the offender understood the condition, or whether they have a reasonable explanation for breaching the condition;
   5. the history and circumstances of breaches of conditions, suspensions or revocations during the current period of long-term supervision or previous periods of conditional release or long-term supervision;
   6. documented occurrences of drug use, positive urinalysis results or failures or refusals to provide a sample since release; and
   7. alternative measures implemented or proposed to manage the offender’s risk to re-offend
8. A new charge laid against the offender that is not related to any breach of condition leading to the current suspension does not necessarily provide grounds for suspension or a recommendation to the Attorney General that an information be laid. Board members should assess whether the new charge suggests that the offender would constitute a substantial risk to society by re-offending before the expiration of the period of long-term supervision.

Terms of Cancellation

9. In accordance with subsection 135.1(8) of the CCRA, in cases where it cancels the suspension of an offender’s long-term supervision, the Board may, if it determines that it is reasonable and necessary in order to protect society or to facilitate the offender’s reintegration into society:
   1. reprimand the offender in order to warn them of the Board’s dissatisfaction with their behaviour while being supervised;
   2. alter the conditions of the long-term supervision; and/or
   3. delay the effect of cancellation for a period that does not exceed the 90-day timeframe from return to custody set out in subsection 135.1(2) of the CCRA, in order to allow the offender to participate in a program that would help ensure that society is protected from the risk of the offender re-offending.

Applications to Reduce or Terminate a Long-Term Supervision Order

10. In accordance with subsection 753.2(3) of the Criminal Code, the Board or, on approval of the Board, the offender’s parole officer, may apply to a court for a reduction or termination of an offender’s long-term supervision order, on the ground that the offender no longer presents a substantial risk of re-offending. The onus of proving that ground is on the applicant.

Review Timeframes

11. Pursuant to subsection 135.1(2) of the CCRA, the period of commitment of the offender following a suspension of long-term supervision must not exceed 90 days.
12. Reviews should be conducted as soon as practicable, with every effort made for them to be conducted within 60 days of the offender’s return to custody. This will ensure that the provincial/territorial Attorney General has enough time within the 90-day timeframe, to determine whether to charge the offender with an offence under section 753.3 of the Criminal Code, in cases where the Board recommends that an information be laid.
13. If a decision is not rendered by the Board within the 90-day timeframe, it will result in a loss of jurisdiction to cancel the suspension under paragraph 135.1(6)(a) of the CCRA and to impose terms of cancellation under subsection 135.1(8) of the CCRA.

Decision and Reasons

Conditions on Long-Term Supervision

14. Guidance on providing reasons for decision when imposing, varying and removing special conditions, as well as varying and relieving from compliance with standard conditions is provided in Policy 6.1 (Release Conditions).

Reviews Following a Suspension

15. Guidance on providing reasons for decision is provided in Policy 2.1 (Conditional Release Decision-Making).
16. In cases where the Board cancels the suspension of the long-term supervision, the reasons for decision will include whether:
    1. a reprimand is issued;
    2. the conditions of the long-term supervision are altered; and/or
    3. the effect of cancellation is being delayed.
17. Where the effect of cancellation is delayed, the reasons for decision should indicate the program that the offender is to participate in and the anticipated timeframe for completion.

Cross-References

18. Decision-Making Policy Manual

    2.1 Release Conditions

    6.1 Release Conditions

    8.3 Provincial/Territorial Offenders

    10.4 Postponements

19. Correctional Service of Canada Commissioner’s Directive (CD)

    CD 719 Long-Term Supervision Orders

In Effect

2024-01-02

Legislative Framework

Corrections and Conditional Release Act, sections 108, 114, 119(1), 119(2), 120, 122(1), 123(3), 127(6), 133 and 138(3).

Corrections and Conditional Release Regulations, sections 147, 153, 157(2), 158(2), 161(1) and 162.

Prisons and Reformatories Act, subsections 6(1), 6(4.1), 6(4.2) and 6(9).

Eligibility

1. Guidance on eligibilities for parole for provincial/territorial offenders is provided in Annex B (Eligibilities Table for Conditional Release).

Process

2. Provincial/territorial offenders must apply for day and/or full parole as there are no legislated review dates.
3. The Board is not required to review the case of provincial/territorial offenders who apply for day and/or full parole if they are serving a sentence of less than six months.
4. Board members will assess all relevant available information in accordance with Policy 2.1 (Conditional Release Decision-Making) to determine whether the offender meets the criteria for parole set out in section 102 of the Corrections and Conditional Release Act (CCRA).
5. Guidance on parole reviews is provided in Policy 4.1 (Parole).
6. Provincial/territorial offenders granted day parole will be supervised until their earned release date (ERD).
7. Provincial/territorial offenders granted full parole will be supervised until their warrant expiry date.
8. Provincial/territorial offenders are not subject to statutory release or detention provisions, but can be subject to a long-term supervision order.
9. Provincial/territorial offenders who are not released on parole will be released at their ERD.
10. Provincial/territorial offenders released at their ERD are not supervised in the community, unless they are subject to a long-term supervision order, as their sentence is deemed to be complete.

Release Conditions

11. Pursuant to subsections 133(2) and 134.1(1) of the CCRA, provincial/territorial offenders are subject to the standard conditions prescribed in section 161 of the Corrections and Conditional Release Regulations.
12. Guidance on imposing, varying and removing special conditions, as well as varying and relieving from compliance with standard conditions is provided in Policy 6.1 (Release Conditions).
13. Section 55 of the CCRA, which gives the Correctional Service of Canada (CSC) the authority to demand that an offender submit to urinalysis, does not apply to provincial/territorial offenders, unless they have been transferred to a penitentiary.
14. When Board members impose a special condition to abstain from the use of alcohol and/or drugs on a provincial/territorial offender, they should also impose a special condition to submit to urinalysis on demand, at regular intervals or where the parole supervisor has reasonable grounds to suspect that the condition to abstain from the use of alcohol and/or drugs has been breached.

Quorum

15. Reviews for provincial/territorial offenders will be conducted by a quorum of one Board member, with the exception of pre-release reviews involving a sentence for an offence that resulted in the death of a person, which will be conducted by a quorum of two Board members.

Recredit of Remission

16. Pursuant to subsection 6(4.1) of the Prisons and Reformatories Act, an offender who has been credited with remission and whose parole has been revoked, will forfeit that remission.
17. Pursuant to subsection 6(4.2) of the Prisons and Reformatories Act, an offender whose parole has been terminated will not forfeit any remission that has been credited.
18. In accordance with subsection 6(9) of the Prisons and Reformatories Act, the Board may recredit the remission forfeited as a result of a revocation of parole upon application by an offender or recommendation from CSC.
19. Board members will consider all relevant available information to determine whether to recredit remission that was forfeited as a result of a revocation of parole. This may include, the offender’s degree of responsibility for the circumstances surrounding the suspension of their parole, their community behaviour and the extent to which they have addressed their risk-related needs.

Transfer of Parole Jurisdiction

20. Provincial/territorial offenders may apply to be transferred from a province where the Parole Board of Canada has decision-making authority to a province where a provincial parole board has decision-making authority, and vice versa.
21. Before the receiving board can approve an offender’s transfer to its parole jurisdiction, the releasing board must first render a conditional release decision.
22. The offender’s release is contingent on the receiving board’s approval of the offender’s transfer of parole jurisdiction.
23. When determining whether to approve an offender’s transfer of jurisdiction from a provincial parole board, Board members will also make a final determination regarding release conditions.

Decision and Reasons

24. Guidance on providing reasons for decision is provided in Policy 2.1 (Conditional Release Decision-Making).
25. Where Board members revoke a provincial/territorial offender’s parole, they will specify whether or not any remission is recredited and the number of days recredited, and provide the rationale for their decision.
26. When granting parole to a provincial/territorial offender whose release plan consists of a transfer to another parole jurisdiction, Board members should specify that the release is contingent on the receiving board’s approval of the offender’s transfer of parole jurisdiction.

Cross-References

27. Decision-Making Policy Manual

    2.1 Conditional Release Decision-Making

    3.1 Temporary Absences

    4.1 Parole

    6.1 Release Conditions

    7.1 Post-Release

    8.2 Offenders with a Long-Term Supervision Order

    9.1 Hearings

    11.1 Appeals

    Annex B Eligibilities Table for Conditional Release

28. Correctional Service of Canada Commissioner’s Directive (CD)

    CD 712-5 Pre-Release Case Preparation for Provincial/Territorial Offenders and Federal Offenders Incarcerated in Provincial/Territorial Facilities

In Effect

2024-01-02

Legislative Framework

Corrections and Conditional Release Act, sections 100, 100.1, 101, 102, 107(1), 115, 116, 117, 118, 121, 122, 123, 128 and 133.

Corrections and Conditional Release Regulations, sections 161 and 162.

Eligibility

Foreign Offenders Serving a Sentence of Life Minimum or Sentenced prior to June 28, 2002

1. Foreign offenders sentenced prior to June 28, 2002, with no additional sentence on or after that date, and foreign offenders serving a sentence of life minimum whose eligibility for conditional release is determined in accordance with section 746.1 of the Criminal Code, are eligible for unescorted temporary absences (UTAs) and parole, whether or not an order for detention under section 105 of the Immigration Act or a removal order under the Immigration and Refugee Protection Act (IRPA) is made.
2. Standard conditional release eligibility dates, as set out in Annex B (Eligibilities Table for Conditional Release), apply to these offenders.

Foreign Offenders Sentenced on or after June 28, 2002

3. Foreign offenders sentenced on or after June 28, 2002, who are not subject to a removal order made under the IRPA, are eligible for UTAs and parole. Standard conditional release eligibility dates, as set out in Annex B (Eligibilities Table for Conditional Release), apply to these offenders.
4. Foreign offenders sentenced on or after June 28, 2002, who are subject to a removal order made under the IRPA, are not eligible for UTAs or day parole until they have reached their full parole eligibility date. This does not apply to offenders serving a sentence of life minimum whose eligibility for conditional release is determined in accordance with section 746.1 of the Criminal Code.
5. Pursuant to subsection 128(5) of the Corrections and Conditional Release Act (CCRA), if a foreign offender sentenced on or after June 28, 2002, is released on a UTA or day parole and becomes subject to a removal order before reaching their full parole eligibility date, the UTA or day parole becomes inoperative and the offender will be re-incarcerated. This does not apply to offenders serving a sentence of life minimum whose eligibility for conditional release is determined in accordance with section 746.1 of the Criminal Code.
6. Pursuant to subsection 128(7) of the CCRA, if the removal order is stayed under paragraph 50(a), 66(b) or 114(1)(b)of the IRPA before the offender reaches their full parole eligibility date, the UTA or day parole is resumed as of the day of the stay.

Assessment Process

7. Board members will assess all relevant available information in accordance with Policy 2.1 (Conditional Release Decision-Making) to determine whether the offender meets the criteria for a UTA, as set out in subsection 116(1) of the CCRA, or for parole, as set out in section 102 of the CCRA.
8. In determining whether the offender presents an undue risk to society, Board members will consider society at large, which includes Canadian society as well as any society that would be impacted by the offender’s release.
9. As part of their risk assessment, Board members will consider all relevant available information regarding the offender’s current immigration status, including, but not limited to:
   1. whether the Canada Border Services Agency (CBSA) has initiated removal order proceedings and/or whether a removal order has been issued;
   2. the status of any removal order in place, including whether CBSA has obtained the necessary travel documents;
   3. the status of the most recent immigration process (such as an inadmissibility report, a referral to an admissibility hearing, or a decision on admissibility);
   4. whether the offender has applied for judicial review of an immigration decision and the status of the judicial review; and
   5. whether the offender has requested a transfer under the International Transfer of Offenders Act.
10. Once a foreign offender who is subject to a removal order reaches their full parole eligibility date, they may be removed from Canada if the Board authorizes a UTA or grants parole.
11. Board members will consider all relevant available information to determine whether the proposed release plan and level of supervision in the country of destination adequately address the offender’s risk.
12. Given that a foreign offender who is subject to a removal order may be released into the community prior to their removal, Board members should also consider whether the release plan and supervision strategies proposed for release within Canada adequately address the offender’s risk.

Offender Consent to Parole

13. Consent of the offender is not required for the Board to grant full parole to an offender who is subject to a removal order or extradition.

Voluntary Departure

14. Board members should exercise the utmost caution when reviewing whether to grant parole to an offender whose release plan consists of voluntary departure to another country, or when reviewing a request to remove release conditions for the purpose of voluntary departure.
15. Given that the country of destination is not required to continue to administer the offender’s sentence, voluntary departure effectively nullifies the balance of the offender’s sentence as long as they do not return to Canada before the expiration of their sentence according to law.
16. In determining whether the legal criteria for parole are met and/or whether to relieve an offender from compliance with the standard condition to remain in Canada at all times, Board members will consider all relevant available information, including any proposed community supervision or monitoring strategies. This may include written confirmation from the country of destination, where available.
17. Board members should be satisfied that the country of destination is willing to accept the offender.
18. Guidance on imposing, varying and removing special conditions, as well as varying and relieving from compliance with standard conditions is provided in Policy 6.1 (Release Conditions).

Decision and Reasons

19. Guidance on providing reasons for decision is provided in Policy 2.1 (Conditional Release Decision-Making).
20. When authorizing a UTA or granting parole to an offender who is subject to a removal order or extradition, Board members will specify in their reasons for decision that the conditional release does not become effective until the offender can be released into the care and control of the appropriate government agencies involved in carrying out the removal order or the extradition.
21. When authorizing a UTA or granting parole to an offender who is subject to a removal order or extradition, or whose release plan consists of voluntary departure, Board members will specify in their reasons for decision that the offender must inform the Parole Board of Canada and the Correctional Service of Canada in advance if they plan to return to Canada before the expiration of their sentence according to law.

Cross-References

22. Decision-Making Policy Manual

    2.1 Conditional Release Decision-Making

    3.1 Temporary Absences

    4.1 Parole

    4.1.1 Parole by Exception

    6.1 Release Conditions

    8.3 Provincial/Territorial Offenders

    Annex B Eligibilities Table for Conditional Release

23. Correctional Service of Canada Commissioner’s Directives (CD)

    CD 704 International Transfers

    CD 712-1 Pre-Release Decision-Making

24. Canada Border Services Agency Manual

    Enforcement 22 Persons Serving Sentences

25. Extradition Act
26. Immigration and Refugee Protection Act
27. Immigration Act (1976)
28. International Transfer of Offenders Act