Parole
In Ontario, parole hearings are heard before either the Ontario Parole Board (OPB) or the Parole Board of Canada (PBC). They are unique proceedings in which an individual at the post-conviction stage has the opportunity to request to serve the remainder of their sentence within the community under the supervision of a parole officer. The Parole Board of Canada has the authority to deny, grant, or revoke parole for individuals serving sentences of two years or more. For individuals serving a sentence of less than two years, the Ontario Parole Board will hear the application. Parole is governed by the Corrections and Conditional Release Act (CCRA).
The Parole Board, overseen by the members of the Board as opposed to a judge, will assess the risk that the individual may pose to the public if they are granted parole. Risk is assessed in a variety of ways such as a behaviour while incarcerated, the individual’s social and criminal history and any systemic or background factors that contributed to the offence, any programs participated in while incarcerated, victim impact statements, and the individual’s release plan and community support.
Even if a risk is present, it does not mean that parole will not be granted if it is determined that the risk can be managed. Risk is managed through parole conditions and the supervision of a community parole officer. If these conditions are abided by, an individual will serve the remainder of their sentence in the community until their sentence is completed in full.
PAROLE ELIGIBILITY
Pursuant to section 120 of the Corrections and Conditional Release Act, an individual serving a sentence in either a provincial or a federal institution is eligible for full parole after completing one-third of their sentence. However, there are exceptions. Individuals convicted of first degree murder will not be eligible until they have served at least 25 years of their sentence. For those convicted of second degree murder, eligibility will be set by the judge anywhere between 10 to 25 years. Individuals serving a life sentence, or “dangerous offenders” without a minimum period of ineligibility will be eligible after serving seven years of their sentence.
A hearing will be automatically scheduled for individuals serving a sentence of six months or more. The only exception would be if an individual has waived this right in writing. For sentences less than six months, parole needs to be applied for. It is important to remember that eligibility does not mean that parole is guaranteed to be granted.
WHAT TO EXPECT AT A PAROLE HEARING
Parole hearings are overseen by members of the board, not a judge, and are held either in person at the prison where the sentence is currently being served, electronically, or in writing. Indigenous offenders also have the option of having an elder-assisted circle hearing and are usually held in the community where the offender plans to live.
In addition to the Board members and the individual’s parole office, the victim and the victim’s family may be present during the hearing as well as a support person such as a family member or legal representative. The proceeding is held in a conversational fashion in which the Board members will be asking questions. If the victim has prepared a Victim Impact Statement, that will also be read to allow the vicim to express any concerns they may have for their safety.
PAROLE SERVICES OFFERED:
Temporary Absences
Temporary absences are typically granted for medical or humanitarian reasons. These absences can be either escorted or unescorted. Unescorted temporary absences from federal maximum and medium security institutions are limited to 48 hours per month, or 72 hours in minimum security. For inmates serving sentences of less than five years, wardens can grant the temporary absences while the Board deals with individuals serving longer sentences. An escorted temporary absence can be applied for at any time, while the eligibility for unescorted temporary absence depends on the length of your sentence. If serving a sentence of three or more years, eligibility begins after one-sixth of the sentence. If serving a sentence of two to three years, eligibility begins five months into a sentence. If serving a life sentence, eligibility begins three years before an individual’s full parole eligibility date.
Day Parole
Individuals granted day parole are required to return every night to a residential facility in the community, or a halfway house. It provides an opportunity to participate in approved activities such as counselling or employment. Day parole can be granted for a maximum of twelve months, but the typical term is four to six months. Individuals are eligible for day parole six months before their full parole eligibility date or six months into their sentence, whichever is greater.
Full Parole
Individuals serving full parole are released to live at a private residence. Applications are not needed for full parole, however, it is still advisable to submit application material for the Parole Board to consider.
Post-Suspension Hearings
If an individual breaches any of the conditions of their parole or if they incur new criminal charges, their parole can be suspended. These individuals are entitled to a post-suspension hearing before the Parole Board of Canada for federal inmates or the Ontario Parole Board for provincial inmates.
Statutory Release
Individuals are eligible for statutory release after they have served two-thirds of their sentence. If credit for pre-sentence custody is given, this number is determined by the remaining sentence. However, the Correctional Service of Canada can apply to the Parole Board to keep an individual detained for the last third of their sentence. In these scenarios, an inmate is entitled to a detention hearing. Inmates serving life and indeterminate sentences are not entitled to statutory release.
WHY HIRE GLASS GAVEL LAW
If you or a loved one has an upcoming parole hearing or have questions regarding parole eligibility, call or contact Glass Gavel Law for a free 30 minute consultation. Larissa Kushwara can assist with preparing the parole application by facilitating the resources and conducting thorough client interviews and legal research prior to the hearing to anticipate any risks and prepare a personalized, compelling argument to enhance the likelihood of early release.
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Glass Gavel Prof. Corp. can assist with your parole hearing all across Ontario. Contact us today by calling +1 (833) 344-2835 or clicking the link below for a free 30min. consultation.