How Does Parole And Statutory Release Work In Canada?
Parole, and other types of conditional release, are often seen as examples of the Canadian justice system “going easy” on offenders. Why are inmates being released back into the community before their sentence is even complete?
A good question deserves a good answer. I recently appeared on CBC Radio to give a general overview of parole and early release, but the topic deserves further investigation.
This is the first of a three-part series on parole in Canada, which begins by looking at the technical details of conditional release, including parole. The focus then shifts to the ideas, and hard numbers, behind the parole system, finally concluding with an examination on the release of Myles Sanderson, the deceased suspect in the recent stabbings in James Smith Cree Nation, and Weldon, Saskatchewan.
Part 1 - How does parole and statutory release work in Canada?
Part 2 - What is the purpose of parole in Canada?
Part 3 – Why was Myles Sanderson granted parole?
What is conditional release?
Conditional release is a blanket term that covers different types of supervised release programs for inmates. These programs allow certain offenders to leave jail before their sentence is complete - what we call their “warrant expiry date” - and go back into the community, usually under strict conditions and supervision.
What are the types of conditional release in Canada?
There are 3 main types of conditional release in Canada:
Temporary absences
Parole
Statutory release
What are temporary absences?
Inmates may apply for escorted (ETA) or unescorted (UTA) absences, as a first opportunity to get back into the community for service projects, family matters, or medical reasons. ETAs can be applied for at any point during a jail sentence, while UTA eligibility starts after 6 months or 1/6 sentence (whichever is greater).
The funeral of a family member is a common ETA request. Whether or not an inmate is able to attend, is up to the discretion of the Correctional Service of Canada. There is NO guarantee someone will receive a temporary absence, no matter the reason.
What is parole?
Parole is a type of early, conditional release, for inmates who are sentenced to a jail term of 2 years or more. Release is not automatic – an offender must apply once they are eligible – and it is up to the Parole Board of Canada to decide if parole is granted.
Parole is no walk in the park, nor is it some limitless freedom. If an inmate receives release, they are required to walk a fine line, which can include:
Residing at “halfway houses” or other facilities
Curfew
Regular reporting to a Parole Officer
Regular testing for drugs and alcohol
Parole is also the furthest thing from a guarantee. The Government of Canada website reports that approximately 7 out of 10 inmates are denied full parole at their first hearing. Many offenders, including those with high security status or lengthy criminal records, will never be granted parole.
If an individual breaches ANY of their conditions in the community, it is presumed that they will do the rest of their sentence in jail, unless the Parole Board of Canada decides otherwise.
When can you apply for parole in Canada?
Inmates are eligible for full parole after 1/3 of their sentence, or 7 years, whichever is less. This means that someone who is sentenced to 6 years of jail time, would be first eligible for full parole after 2 years custody.
Day parole – where an inmate must return nightly to a residential facility or “halfway house” – is available 6 months before the full parole eligibility date, or 6 months into a jail sentence, whichever is the greater of the two.
The exception to all of this, is for individuals convicted of first or second-degree murder. In these most serious cases, the parole eligibility is set by a judge at either 25 years jail (first degree) or between 10 to 25 years jail (second degree). Day parole eligibility for these offenders, is 3 years before full parole is available.
How is parole determined in Canada?
The Parole Board of Canada state that their primary consideration is the safety of the public.
Working from that purpose, they consider 3 main factors:
(1) Criminal history including conditional release history
(2) Institutional behaviour and benefit from programs
(3) Release plan
Victims are able to present a statement directly at a parole hearing, or prepared in advance through audio or video recording.
How often can someone apply for parole?
Now that we know when someone is eligible for parole, what happens if they are denied at their parole hearing?
The John Howard Society of Ontario – an organization that works with people impacted by the justice system, including inmates – reports that if an inmate is not granted bail when they first apply:
The Parole Board of Canada must conduct another parole review within 2 years of the first hearing
If the inmate’s offence(s) involves violence, that number is upgraded to 5 years
An offender can apply again earlier, but it must no earlier than 1 year from the last parole review hearing
What does statutory release mean in Canada?
The Federal Corrections and Conditional Release Act, states that an inmate be released at 2/3 of their completed sentence. This type of presumed early release is known as “statutory release”.
As example, if John Wayne was sentenced to 18 months jail for an Assault (a bar fight that started because someone spilled his beer, of course), he is presumed to do 12 months custody. For a more serious offence where someone received 6 years jail, it is presumed that person do 4 years.
But a presumption is not a guarantee.
Where someone is a public risk, or is creating problems while in custody, that individual may be held in jail until the completion of their sentence.
Is parole the same thing as statutory release?
Parole and statutory release are types of conditional release, but are separated by two major differences:
Parole eligibility is 1/3 of a jail sentence, while statutory release is available at 2/3 of a jail sentence.
Parole must be applied for, and granted, while statutory release is presumed.
Who decides statutory release?
Unlike parole, there is no tribunal or board that decides on an inmate’s statutory release. An offender’s release is automatic under the Corrections and Conditional Release Act.
That said, the Correctional Service of Canada can refer a matter to the Parole Board of Canada for specific reasons:
imposing conditions on release
cancelling a statutory release so the offender returns to, or remains in, prison
If the Correctional Service of Canada has grounds to believe that an inmate will commit a serious violent, sexual, or drug offence, while on statutory release, they can ask the Parole Board of Canada to deny an inmate statutory release on that basis.
What offenders are not eligible for statutory release?
Inmates who are serving a life sentence, or who are designated as a Dangerous Offender (DO), are not eligible for statutory release at 2/3 of their sentence.
What is the purpose of parole in Canada?
Parole, and other types of conditional release, are “safety relief valves” that are meant to protect the public, give inmates incentive to follow the rules in jail, and actively work on their own rehabilitation.
But we all know that ideas, no matter how good, can be different than reality. That leaves the ultimate question, does parole actually work?
The hard numbers behind the system are worth their own separate investigation, which you can find in part 2 of this series.