Chapter 4 - Parole

Official Title: Decision-Making Policy Manual for Board Members,
Chapter 4. Parole

From: Parole Board of Canada

Policy 4.1 Parole

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, 102, 107, 108, 119, 120, 122, 123, 124, 128, 133, 134(1), 135(6.3), 138(5) and 140.

Corrections and Conditional Release Regulations, sections 147, 153, 157, 158, 161(1), 162, 163 and 165.

Criminal Code, sections 743.6 and 761.

Eligibility

  1. Guidance on eligibilities for parole is provided in Annex B (Eligibilities Table for Conditional Release).
  2. An offender who is not yet eligible for day and/or full parole may be eligible for parole by exception. Guidance is provided in Policy 4.1.1 (Parole by Exception).

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 offender meets the criteria for parole set out in section 102 of the Corrections and Conditional Release Act (CCRA):
    1. the offender will not, by re-offending, present an undue risk to society before the expiration according to law of the sentence the offender is serving; and
    2. the release of the offender will contribute to the protection of society by facilitating the offender’s reintegration into society as a law-abiding citizen.

Day Parole

  1. Offenders must apply for day parole consideration, with the exception of cases where:
    1. the offender is serving an indeterminate sentence and has reached their full parole eligibility date; or
    2. the Board exercises its authority, as set out in subsection 123(4) of the CCRA, to grant day parole when conducting a full parole review.
Day Parole to an Other Location
  1. When reviewing whether to grant day parole to an other location, Board members will give particular attention to whether:
    1. the offender’s plan consists of a release to a small or remote community; and/or
    2. the unique needs and circumstances of women offenders, Indigenous offenders, as well as other groups of offenders with special requirements, including aging offenders, have been considered.
  2. Board members will assess all relevant available information, including the release plan and community supervision strategies, taking into consideration the amount of time to be spent at the location, to determine whether the proposed location adequately addresses the offender’s risk.
  3. In cases where Board members require further information to assess a particular location, they may adjourn the review to obtain the information or postpone the review at the request of the offender.
  4. Guidance on adjourning and postponing reviews is provided in policies 10.3 (Adjournments) and 10.4 (Postponements).
Duration of Day Parole
  1. Pursuant to subsection 122(5) of the CCRA, the Board may grant day parole for a period not exceeding six months.
  2. The Board may continue day parole for additional periods, but each period may not exceed six months.
  3. Prior to continuing day parole, 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 CCRA.
  4. In cases where the offender has reached full parole eligibility, Board members should consider whether the purpose of the day parole has been achieved and the offender would be more appropriately released on full parole, or whether the offender would benefit from an additional period of day parole to further prepare for full parole.

Full Parole

  1. The Board will review the case of an offender within the six months before their full parole eligibility date, in order to determine whether the criteria for parole set out in section 102 of the CCRA are met.
  2. Completion of a previous conditional release is not required prior to granting release on full parole.
  3. When conducting a full parole review for an offender convicted of a violent offence who has not previously successfully completed an unescorted temporary absence and/or day parole, Board members should consider whether the offender has:
    1. been incarcerated for a significant period of time;
    2. served more than two penitentiary terms;
    3. repeated or multiple convictions and charges; and/or
    4. previously failed on conditional release.

Cancellation and Termination of Parole

  1. Pursuant to subsection 124(3) of the CCRA, when reviewing the case of an offender based on information that could not have reasonably been provided at the time parole was granted, Board members will determine whether, based on the new information, the criteria set out in section 102 of the CCRA are still met and may:
    1. cancel the parole if the offender has not been released; or
    2. terminate the parole if the offender has been released.
  2. Pursuant to subsection 124(4) of the CCRA, the Board will review its decision within the applicable 90-day timeframe set out in subsection 163(1) or 163(2) of the Corrections and Conditional Release Regulations, and either confirm or cancel the decision.
  3. Pursuant to subsection 124(3.1) of the Corrections and Conditional Release Act, where an offender has been granted parole but has not yet been released, the Board will cancel parole if:
    1. it is informed by the Correctional Service of Canada (CSC) that the offender failed or refused to provide a urine sample, or received a positive urinalysis result; and
    2. it determines the offender no longer meets the criteria set out in section 102 of the CCRA.

Release Conditions

  1. 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).

Leave Privileges

  1. The Board is responsible for authorizing and establishing the parameters of leave privileges associated with day parole, including day parole to an other location, or a residency condition imposed on full parole.
  2. Guidance on authorizing and establishing leave privileges is provided in Policy 6.3 (Leave Privileges).

Early Parole Reviews

  1. Pursuant to subsections 122(4) and 123(6) of the CCRA, the offender may not re-apply for the type of parole that the Board denied, cancelled or terminated, within one year of the Board’s decision unless the Board determines an earlier time to review an application.
  2. Similarly, the Board is not required to conduct a parole review within one year of a revocation decision, pursuant to subsection 138(5) of the CCRA.
  3. The Board may accept an application and conduct a review for parole earlier than the timeframes set out in subsections 122(4), 123(6) and 138(5) of the CCRA, when the referral from CSC indicates that:
    1. the offender, if released, will not present an undue risk to society and that the release will contribute to the protection of society by facilitating the offender’s reintegration into society as a law-abiding citizen; and
    2. the issues or concerns expressed in the reasons for the previous Board decision to deny, cancel, terminate or revoke the release have been addressed.

Parole for Foreign Offenders

  1. Guidance on parole for foreign offenders is provided in Policy 8.4 (Removal Orders, Extradition and Voluntary Departure).

Decision and Reasons

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

Cross-References

  1. Decision-Making Policy Manual

    2.1 Conditional Release Decision-Making

    4.1.1 Parole by Exception

    6.1 Release Conditions

    6.3 Leave Privileges

    8.1 Offenders with an Indeterminate Sentence as a Result of a Dangerous Offender or Dangerous Sexual Offender Designation

    8.3 Provincial/Territorial Offenders

    8.4 Removal Orders, Extradition and Voluntary Departure

    10.3 Adjournments

    10.4 Postponements

    Annex B Eligibilities Table for Conditional Release

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

    CD 712-1 Pre-Release Decision-Making

    CD 712-3 Parole Board of Canada Reviews

Policy 4.1.1 Parole by Exception 

In Effect

2022-10-24

Legislative Framework

Corrections and Conditional Release Act, sections 102 and 121.

Decision-Making Criteria and Process

  1. Section 121 of the Corrections and Conditional Release Act (CCRA) is an exceptional provision that allows an offender who has not yet reached their day and/or full parole eligibility dates to be considered for parole. Pursuant to section 121 of the CCRA, parole by exception may be granted to an offender:
    1. who is terminally ill;
    2. whose physical or mental health is likely to suffer serious damage if the offender continues to be held in confinement;
    3. for whom continued confinement would constitute an excessive hardship that was not reasonably foreseeable at the time the offender was sentenced; or
    4. who is the subject of an order of surrender under the Extradition Act and who is to be detained until surrendered.
  2. Pursuant to subsection 121(2) of the CCRA, offenders serving a life sentence imposed as a minimum punishment or commuted from a sentence of death, or an indeterminate sentence, are only eligible for parole by exception if they are terminally ill.
  3. Offenders seeking exceptional release for reasons other than those outlined in section 121 of the CCRA, or who have been denied parole by exception, may seek a remedy under the Royal Prerogative of Mercy. Remedies include a conditional pardon prior to eligibility under the CCRA, remission of sentence or respite.
  4. The offender will submit a written application for parole by exception unless:
    1. the offender is mentally or physically incapable of applying;
    2. the release is being proposed without the offender’s consent (e.g. for extradition); or
    3. urgent circumstances require flexibility.
  5. The application should:
    1. identify under which criteria the request is being made; and
    2. include reasons for the request.
  6. When reviewing an application under paragraph 121(1)(a) of the CCRA (terminally ill), Board members should consider information from a medical practitioner or nurse practitioner clearly supporting that the offender is terminally ill, although a prognosis as to the length of time the offender has left to live is not required.
  7. When reviewing an application under paragraph 121(1)(b) of the CCRA (physical or mental health), Board members should consider information from a medical practitioner, nurse practitioner or psychologist clearly supporting the offender’s health-related status.
  8. When reviewing an application under paragraph 121(1)(c) of the CCRA (excessive hardship), Board members should consider whether the continued confinement of the offender is unduly harsh in light of a change in the offender’s personal circumstances that was unforeseeable at the time of sentencing.
  9. Excessive hardship includes suffering of a mental, physical and/or financial nature that is disproportionate to the nature and the seriousness of the offence and its resulting consequences, and that is more severe than for other individuals in similar situations.
  10. Board members will assess all relevant available information to determine whether the offender meets one of the criteria for parole by exception set out in section 121 of the CCRA.
  11. If no criterion for parole by exception is met, the Board will not proceed with a review of the criteria under section 102 of the CCRA.
  12. If a criterion for parole by exception is met, Board members will then 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 CCRA.
  13. Guidance on parole reviews is provided in Policy 4.1 (Parole).

Re-Applications

  1. Where the Board determines that no criterion for parole by exception is met, or denies a request for parole by exception, the offender must provide new information in order to re-apply.

Decision and Reasons

  1. In accordance with paragraph 101(e)of the CCRA, to ensure a fair and understandable process, Board members will provide reasons for decision that document whether or not a criterion set out in section 121 of the CCRA is met, and the rationale for their decision.
  2. In cases where a criterion set out in section 121 of the CCRA is met, the reasons for decision will also include an assessment of whether or not the criteria under section 102 of the CCRA are met. Guidance is provided in Policy 2.1 (Conditional Release Decision-Making).

Cross-References

  1. Decision-Making Policy Manual

    1.1 Information Standards for Conditional Release Decision-Making

    2.1 Conditional Release Decision-Making

    4.1 Parole

    8.3 Provincial/Territorial Offenders

    8.4 Removal Orders, Extradition and Voluntary Departure

    9.1 Hearings

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

    CD 712-1 Pre-Release Decision-Making

  3. Royal Prerogative of Mercy Ministerial Guidelines

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