COVID-19 and the Parole Board of Canada

Parole reviews

Conditional release reviews are proceeding as scheduled, including by way of hearing via videoconference or teleconference where applicable.

Eligibility for conditional release is legislated under the Corrections and Conditional Release Act (CCRA). The timeframes, as well as the criteria for review are prescribed by the Corrections and Conditional Release Regulations. Eligibility dates are calculated by the Correctional Service of Canada (CSC). Offenders may also submit an application to the PBC in accordance with the legislation.

The PBC must review an offender’s case in accordance with the legislated timeframes and will continue to facilitate the release of offenders where appropriate based on the specific circumstances of the case.

In making conditional release decisions, the PBC considers all relevant available information related to the offender’s case, including court and sentencing information, the nature and gravity of the offence, and information obtained from victims, the offender and other components of the criminal justice system, including assessments provided by correctional authorities.

Information regarding the offender’s health or health risk posed by the COVID-19 pandemic will be considered if relevant as part of the risk assessment, along with all other information on file.

Safe release of offenders

In an effort to respond to the COVID-19 pandemic, the PBC has worked to streamline its processes and has modified some of its policies to provide additional flexibility to CSC and community partners.

For example, for offenders already in the community on day parole and who become eligible for full parole, the PBC is looking at efficiencies to expedite those decisions. The PBC has also amended its policy to allow CSC to permit offenders in the community to access medical leave privileges for up to 30 days rather than the current 15-day limit.

The PBC continues to process Parole by Exception cases as expeditiously as possible when they are referred to us by the Correctional Service of Canada (CSC) for offenders who are terminally ill or whose physical or mental health is likely to suffer damage if the offender continues to be held in confinement.

The PBC is also working with CSC to better accommodate the circumstances of offenders during the pandemic, such as to change a residency requirement from a community-based residential facility to a home or family environment where such placement is risk-appropriate.

In recognition that offenders may experience more difficulty communicating with their assistants in a timely way, the PBC has taken that into account and will be as flexible as possible to ensure offenders have access to the Appeal Division.

In all cases, eligibility for conditional release is legislated under the Corrections and Conditional Release Act (CCRA). The timeframes, as well as the criteria for review are prescribed by the Corrections and Conditional Release Regulations. Eligibility dates are also set out in the law and calculated by the Correctional Service of Canada (CSC). Offenders may also submit an application to the PBC in accordance with the legislation.

Information regarding the offender’s health or health risk posed by the COVID-19 pandemic would be considered if relevant as part of the risk assessment, along with all other information on file.

PBC decisions during the COVID-19 pandemic

CONTINUING OPERATIONS

The Parole Board of Canada (PBC) continues to conduct conditional release reviews during the COVID-19 pandemic. This includes reviews that are set by law, as well as those that are generated by way of application from an offender and referred to the PBC by the Correctional Service of Canada (CSC).

To be responsive to an anticipated increase in parole applications during the pandemic, the PBC has streamlined its processes and modified some of its policies and practices.

A FEW IMPORTANT THINGS TO NOTE

1. The PBC cannot report on the number of its decisions that are specific to COVID-19, except in certain parole by exception cases. This is because in making conditional release decisions, the law requires the PBC to take into consideration all relevant available information related to the offender’s case, including the offender’s health or health-risk posed by the COVID-19 pandemic.
   
   In addition, Board members must also consider and weigh other information such as court and sentencing information, the nature and gravity of the offence, and information obtained from victims, the offender and other components of the criminal justice system, including assessments provided by correctional authorities.
   
   Parole by exception is a mechanism in law to permit an exceptional parole consideration for those who have not yet reached their parole eligibility date and only under certain circumstances. These circumstances include when an offender is terminally ill or whose physical or mental health is likely to suffer serious damage if the offender continues to be held in confinement or for whom continued confinement would constitute excessive hardship that was not reasonably foreseen at the time of sentencing.
   
   
2. No single factor in a parole review is ever determinative in the PBC’s decision-making. Public safety is the paramount consideration in all decisions and must be balanced against a rigorous risk assessment of the offender’s ability to safely reintegrate into the community.
   
   
3. A parole decision does not automatically equal release from penitentiary. There is usually a gap in time between the point at which the PBC renders a parole decision and the point at which the Correctional Service of Canada (CSC) releases an offender to the community under their supervision. 
   
   This may depend on several factors, including whether or not the offender has reached his or her eligibility date (as sometimes PBC decisions are made in anticipation of an upcoming eligibility date), whether a community bed space is pending or if a particular program or support in the community must be ready prior to the offender’s release. The time delay is usually a number of days but it could be a matter of weeks in some cases depending on the individual circumstances.
   

Updated as of July 7, 2020

PAROLE REVIEWS

The following provides a snapshot of PBC parole reviews during the COVID-19 pandemic, as of March 1, 2020. These figures will be updated on a bi-weekly basis.

Highlights:

• On a weekly basis, the PBC holds on average 281 federal reviews and renders a total of 407 federal decisions. These include reviews and decisions for day and full parole, suspension, detention and the varying of conditions for release.
  
  
  • One review may include more than one decision. For example, an offender may be considered concurrently for Day Parole and Full Parole, or for Day Parole plus a Temporary Absence.
    
    
• Our workload to consider the release of offenders into the community has increased during the COVID-19 pandemic.
  
  
  • In 2019-2020, the PBC averaged 127 parole reviews per week to consider the release of offenders into the community. Since March 1, 2020, PBC has seen on average an increase of 17 parole reviews per week.
    
    
• In addition, the PBC is seeing more interest in parole by exception than normal in any given year.
  
  
  • Since March 1, 2020, 11 parole by exception cases have been granted and 31 are pending decision, compared to only 7 parole by exception cases for all of last fiscal year, of which 4 were granted.
    
    
• Day Parole means that an offender is released to the community under supervision and under conditions, including that they reside at a community-based residential facility (i.e., a halfway house), or in some cases another location. Other locations could include the offender’s home, if that location is appropriate for managing their risk.
  
  
  • Since March 1st, 2020, the PBC has made an average of 10 decisions per week to grant Day Parole to Another Location, compared to a weekly average of 5 such decisions over the previous year.
    
    
  • In some cases, decisions to grant Day Parole to Another Location have been applied to offenders already in the community under supervision and who no longer need to reside in a halfway house, but can now reside at home. The PBC has made an average of 6 such decisions per week versus a weekly average of 1 over the previous year.

Victims

The PBC is committed to ensuring that victims continue to receive all legislated information they are entitled to and that information from victims continues to be an integral part of decision-making.  

PBC has implemented technological and procedural enhancements in order to provide victims, as an interim measure during the COVID-19 pandemic, the ability to participate at PBC hearings via telephone. Victims will be able to listen to the hearing and present their statement for Board members to consider in their decision-making. Information on how to participate in a hearing via telephone will be provided directly to victims by PBC Regional Communications Officers ahead of the scheduled hearing. To attend a hearing, a victim must complete and submit a Request to Observe a Hearing form to the PBC.

For victims who prefer not to attend a hearing, the PBC continues to accept victim statements in various formats, including audio or video recording.

Victims are encouraged to create an account on the Victims Portal, which provides them with 24/7 online access to receive and submit information. Victims may also consult Canada.ca/victims-and-parole for more information.

Information notices:

• Victim Participation in PBC Hearings now being facilitated by telephone

Offenders and offender assistants

Information for offenders and offender assistants around COVID-19 measures.

Information notices:

• Extension of timeframe to appeal a PBC decision
• Instructions for offender assistants during COVID-19

Observers

The PBC is committed to maintaining openness and transparency in its decision-making during the COVID-19 pandemic. Members of the public continue to have the ability to request written copies of PBC decisions through its Decision Registry.

Media

PBC Media relations contact information.

For more information

For more information on COVID-19, please visit Canada.ca and follow PBC on Twitter for updates: 

• Canada.ca/coronavirus
• PBC Twitter account