Parole: Difference between revisions
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[[Fr:Libération_conditionnelle]] | |||
{{Currency2|January|2023}} | |||
{{LevelZero}}{{HeaderParole}} | {{LevelZero}}{{HeaderParole}} | ||
==Introduction== | ==Introduction== | ||
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The parole ineligibility runs from the date of arrest.<ref> | The parole ineligibility runs from the date of arrest.<ref> | ||
see [{{CCCSec|746}} s. 746]<br> | see [{{CCCSec|746}} s. 746]<br> | ||
{{CanLIIRP|Toor|1l21v|2005 BCCA 333 (CanLII)|[2005] BCJ 1382 (BCCA)}}{{perBCCA|Ryan JA}} (3:0){{atL|1l21v|13}}</ref> | |||
{{reflist|2}} | {{reflist|2}} | ||
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{{reflist|2}} | {{reflist|2}} | ||
==Accelerated Parole== | ==Accelerated Parole== | ||
Under [http://canlii.ca/t/j0cx s. 125 to 126.1] of the Corrections and Conditional Release Act, permitted first time, non-violent offenders to apply for day parole at the one-sixth mark of their sentence and full parole at one-third of their sentence. The Parole Board must be satisfied there are no reasonable grounds to believe that the offender is likely to commit an offence involving violence before the expiration of their sentence. | Under [http://canlii.ca/t/j0cx s. 125 to 126.1] of the ''Corrections and Conditional Release Act'', permitted first time, non-violent offenders to apply for day parole at the one-sixth mark of their sentence and full parole at one-third of their sentence. The Parole Board must be satisfied there are no reasonable grounds to believe that the offender is likely to commit an offence involving violence before the expiration of their sentence. | ||
On March 24th, 2011, the Abolition of Early Parole Act [http://laws.justice.gc.ca/eng/AnnualStatutes/2011_11/page-1.html Bill C-59], was assented, repealing s. 125 to 126.1 of the Corrections and Conditional Release Act. | On March 24th, 2011, the ''Abolition of Early Parole Act'' [http://laws.justice.gc.ca/eng/AnnualStatutes/2011_11/page-1.html Bill C-59], was assented, repealing s. 125 to 126.1 of the Corrections and Conditional Release Act. | ||
The removal of accelerated parole cannot be retrospective or it will violate s. 11(h) of the Charter.<ref> | The removal of accelerated parole cannot be retrospective or it will violate s. 11(h) of the Charter.<ref> | ||
Canada (Attorney General) v Whaling | {{CanLIIRPC|Canada (Attorney General) v Whaling|g67hl|2014 SCC 20 (CanLII)|[2014] 1 SCR 392}}{{perSCC|Wagner J}} (8:0)<br> | ||
Oraha v Canada (Attorney General) | {{CanLIIRxC|Oraha v Canada (Attorney General)|g6tpm|2014 ONSC 2813 (CanLII)}}{{perONSC|Tausendfreund J}} - found s. 10 of AEPA invalid<br> | ||
</ref> | </ref> | ||
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==Young Offenders== | ==Young Offenders== | ||
{{ | {{quotation2| | ||
; Obligation to inform — parole | ; Obligation to inform — parole | ||
77 (1) When a young person is ordered to serve a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence), the provincial director shall inform the appropriate parole board. | 77 (1) When a young person is ordered to serve a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence), the provincial director shall inform the appropriate parole board. | ||
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:(b) in any other case, the Parole Board of Canada. | :(b) in any other case, the Parole Board of Canada. | ||
{{LegHistory00s|2002, c. 1}}, s. 77; {{LegHistory10s|2012, c. 1}}, s. 160. | {{LegHistory00s|2002, c. 1}}, s. 77; {{LegHistory10s|2012, c. 1}}, s. 160. | ||
| | |{{YCJASec2|77}} | ||
|{{NoteUpYCJA|77|1|2|3}} | |||
}} | }} | ||
==Delayed Parole Eligibility== | ==Delayed Parole Eligibility== | ||
* [[Delayed Parole Eligibility]] | * [[Delayed Parole Eligibility]] | ||
==Parole Board Decisions== | |||
A board's decision to deny bail must include sufficient reasons.The board is expected to "meaningfully grapple with" all the valid submissions of the detainee.<Ref> | |||
{{CanLIIRC|Chaif v. Canada (Attorney General)|jmf9l|2022 FC 182 (CanLII)}} per Fothergill J | |||
</ref> | |||
This can include explaining different results in similar cases and give reasons for each conclusion.<Ref> | |||
{{ibid1|Chaif}} | |||
</ref> | |||
{{reflist|2}} | |||
==Parole for Dangerous Offenders== | |||
{{Seealso|Consequences of a Dangerous Offender Designation}} | |||
A dangerous offender (DO) is subject to an indeterminate sentence and so is not eligible for statutory release. | |||
The Corrections and Conditional Release Act permits the DO to apply for parole based on whether they pose an undue risk to reoffend and whether the releases will contribute to their reintegration into society.<ref> | |||
see s. 119 to 123 | |||
</ref> | |||
Under s. 761(1), a DO will be brought before the Parole Board after 7 years in custody. Then on a regular interval of no more than two years. | |||
{{reflist|2}} | |||
==See Also== | |||
* [[CCRA Schedules]] | |||
Latest revision as of 07:06, 23 July 2024
| This page was last substantively updated or reviewed January 2023. (Rev. # 95722) |
- < Sentencing
- < Parole
Introduction
Parole is the program whereby offenders are permitted to be released from the correctional facility or penitentiary before the expiration of sentence. Parole is a form of supervised release where their release is conditional on terms set by the Parole Board.
The parole ineligibility runs from the date of arrest.[1]
- ↑
see s. 746
R v Toor, 2005 BCCA 333 (CanLII), [2005] BCJ 1382 (BCCA), per Ryan JA (3:0), at para 13
Early Release
Under s. 120 of the Corrections and Conditional Release Act, SC 1992 c 20, the offender are ineligible for release anytime before the one third mark of their sentence or 7 years, whichever is less.
Statutory Release
"Statutory release" refers to the eligibility for release of an offender at the two-thirds mark of their total sentence pursuant to the Parole Act. The premise is that an offender was credited with "remission" that gave extra credit for time served in custody.
Under the Corrections and Conditional Release Act, an offender will be releasable after two-thirds of the sentence can be revocable by the Parole Board for those who are serving sentences for offences listed in Schedules I and II of the Act.
Accelerated Parole
Under s. 125 to 126.1 of the Corrections and Conditional Release Act, permitted first time, non-violent offenders to apply for day parole at the one-sixth mark of their sentence and full parole at one-third of their sentence. The Parole Board must be satisfied there are no reasonable grounds to believe that the offender is likely to commit an offence involving violence before the expiration of their sentence.
On March 24th, 2011, the Abolition of Early Parole Act Bill C-59, was assented, repealing s. 125 to 126.1 of the Corrections and Conditional Release Act.
The removal of accelerated parole cannot be retrospective or it will violate s. 11(h) of the Charter.[1]
- ↑
Canada (Attorney General) v Whaling, 2014 SCC 20 (CanLII), [2014] 1 SCR 392, per Wagner J (8:0)
Oraha v Canada (Attorney General), 2014 ONSC 2813 (CanLII), per Tausendfreund J - found s. 10 of AEPA invalid
Regular Parole
Young Offenders
- Obligation to inform — parole
77 (1) When a young person is ordered to serve a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence), the provincial director shall inform the appropriate parole board.
- Applicability of Corrections and Conditional Release Act
(2) For greater certainty, Part II of the Corrections and Conditional Release Act applies, subject to section 78, with respect to a young person who is the subject of an order under subsection 76(1) (placement when subject to adult sentence).
- Appropriate parole board
(3) The appropriate parole board for the purposes of this section is
- (a) if subsection 112(1) of the Corrections and Conditional Release Act would apply with respect to the young person but for the fact that the young person was ordered into a youth custody facility, the parole board mentioned in that subsection; and
- (b) in any other case, the Parole Board of Canada.
2002, c. 1, s. 77; 2012, c. 1, s. 160.
Delayed Parole Eligibility
Parole Board Decisions
A board's decision to deny bail must include sufficient reasons.The board is expected to "meaningfully grapple with" all the valid submissions of the detainee.[1] This can include explaining different results in similar cases and give reasons for each conclusion.[2]
- ↑ Chaif v. Canada (Attorney General), 2022 FC 182 (CanLII) per Fothergill J
- ↑ Chaif, ibid.
Parole for Dangerous Offenders
A dangerous offender (DO) is subject to an indeterminate sentence and so is not eligible for statutory release.
The Corrections and Conditional Release Act permits the DO to apply for parole based on whether they pose an undue risk to reoffend and whether the releases will contribute to their reintegration into society.[1]
Under s. 761(1), a DO will be brought before the Parole Board after 7 years in custody. Then on a regular interval of no more than two years.
- ↑ see s. 119 to 123