Parole is the temporary release of a prisoner before their sentence completion under the condition of good behaviour. Parole options can differ depending on the length of the sentence and what institution the offender is being held within.
Who makes decisions regarding parole?
Decisions as to whether or not an offender will be granted parole are made by the Parole Board of Canada. The PBC is an independent administrative tribunal, and its members are required to make decisions regarding parole that are consistent with the protection of society. In making these decisions, they thoroughly assess the offender’s risk to the community. Of course, if there is any doubt that an offender cannot be managed by parole conditions, they will be denied.
What role do victims play in the parole process?
Victims of a crime have the right to participate in the parole process of the offender who committed that crime. This right includes being provided information about the offender and their parole, attending the parole hearing, and presenting a victim statement at the parole hearing.
Day parole
When offenders are granted day parole, they are conditionally released into the community for the day but must return to an institution at night. This allows offenders to take part in ongoing community-based activities. Day parole can aid offenders in preparing for full parole and statutory release. Federal offenders who are serving sentences of two years or more will become eligible to apply for day parole either six months before they are eligible for full parole or after serving six months of their sentence. However, if the offender is serving a life or indeterminate sentence, they will only become eligible for day parole either three years before they are eligible for full parole or after serving three years of their sentence. Most offenders held in provincial institutions are eligible to apply for day parole and may do so after serving one-sixth of their sentence.
Full parole
When an offender is granted full parole, they are conditionally released into the community for the remainder of their sentence. They are supervised by Correctional Services Canada (“CSC”) and must abide by conditions designed by the PBC to reduce the offender’s risk of re-offending and foster their reintegration into the community. They do not have to return to an institution at night but will be required to report regularly to a parole supervisor and in certain cases on the federal level, to the police. With the exception of offenders serving life sentences for murder, federal offenders may apply for full parole after serving either a third of their sentence or seven years. Most offenders in provincial institutions are eligible to apply for full parole and may do so after serving one-third of their sentence. The required time period will depend on the specific circumstances of the case.
Why might you want to be given a longer sentence?
If an offender is serving a sentence of less than six months, the PBC is not required to review your case. In most cases, this means that you will not receive parole. As such, it can sometimes be beneficial to receive a sentence of at least six months. For example, if you received a sentence of four months, you would have to spend the entire time in custody. Meanwhile, if you received a sentence of six months, you would be eligible for full parole after two months. This means that even though you have a longer sentence, you are more likely to spend less time in custody.