Call Us 24/7 AT (416) 658-1818
Parole is a concept within the Canadian legal system according to which every person sentenced as an adult to a term of imprisonment is eligible. The origin of parole in Canada lies in the Ticket of Leave Act (1899). This act authorized the Governor General to provide leave to a prisoner of the penitentiary or provincial, reformatory system on conditions that the Governor General saw fit. Currently, the issue of parole is governed by the Corrections and Conditional Release Act (CCRA). Any provincial legislation concerning parole cannot conflict with the CCRA. In Ontario specifically, the Ontario Parole and Earned Release Board (the Board) holds the authority to grant parole under the Ministry of Correctional Services Act.
Prisoners who are serving a sentence in the reformatory system are eligible for parole when they've completed one-third of their sentence. For sentences that are less than six months, the prisoners must apply. However, those serving a sentence of six months or more will have a hearing scheduled automatically. The only exception would be if they, in writing, waived this right. Information detailing the parole application process is distributed to every prisoner in the Ontario reformatory system, as they have the right to this information.
Upon receiving this information, a prisoner must put in a written request to begin the application process. It is also suggested that an applicant submit a written request to speak with the parole liaison officer. This officer can provide the applicant with the necessary paperwork.
The parole liaison officer will host a meeting to inform the prisoner of the application process. As such, it’s beneficial for the prospective applicant to prepare questions beforehand. Furthermore, if preparation is done prior to the parole liaison officer’s visit, an applicant can have the compiled application reviewed by the Parole officer. This officer may provide invaluable feedback.
A detailed application needs to be prepared before being considered for release at the Parole meeting. The application has to articulate the prisoner's remorse, accountability, and insight into their actions. To convey these sentiments effectively, a parole applicant should establish a viable plan of re-entry into society by meeting with the Parole Officer. This plan would include information about where they would like to be released, the support network they have available, employment or education plans, and their intended leisure activities.
Applicants are free to submit supporting letters from friends and family. These letters serve as evidence of a strong support system that can prevent recidivism. Similarly, a letter from a counselling service promising to meet with the applicant upon their release significantly benefits the release plan. Locally, the John Howard Society in Newmarket, ON, participates by submitting a letter of agreement to provide counselling upon release.
After collating the necessary documents, an applicant must submit the application to the Parole Liaison Officer. This is typically done 3-4 weeks before the scheduled meeting.
Once at the parole meeting, the Board takes on the task of assessing the provided information.
The aim is to determine two key points: firstly, whether the offender will not present an undue risk to society before the expiration of their sentence, and secondly, if releasing the offender will contribute to the protection of society by facilitating their reintegration as a law-abiding citizen.
To make this crucial determination, the Board will conduct a review of several aspects. These include the applicant's criminal record, the seriousness and nature of the offence, the offender's behaviour in prison, and the time when the crimes were committed.
Furthermore, they will attempt to determine if the applicant shows genuine remorse and understands why what they did was wrong, based on the provided documents.
In addition to board members and parole officers, a hearing may also include victims (or their representatives), an inmate’s assistant, interpreters, observers, and Aboriginal cultural advisors or Elders.
During the hearing, victims have the right to express the continuing impact of the crime committed and any concerns they may have for their own safety or their family’s safety. This may be done through written or oral submission. Such information becomes invaluable in helping the Parole Board evaluate any risk that the offender poses to the victims and the larger community.
If the meeting with the parole board goes well, the offender will be granted parole. However, upon release, the board may assign conditions. Some of these conditions are established in regulation, such as the need to keep the peace, maintain good behaviour, report to the police and parole supervisor as required, and obtain consent for a change of address or employment.
The board may also establish additional conditions, such as an obligation to abstain from alcohol and mandatory attendance at a treatment program. These conditions are achievable because when an individual is granted parole, they will be under supervision in the community for the remainder of their full sentence.
If any of these conditions are violated, the person on parole may be returned to prison to serve the remainder of the sentence.
These guidelines and requirements may seem intimidating, but take heart in the words of a successful applicant: "The most important thing you can tell your client is to be patient and keep asking questions". While compiling your application, reflect and try to "Recognize what put [you] there and why".
Parole plays a vital role in the Canadian justice system, offering eligible individuals the opportunity for supervised reintegration into the community. While the process may seem complex and overwhelming, it can be navigated successfully with the right guidance.
If you or a loved one is approaching parole eligibility or needs help preparing an application, our experienced Toronto criminal defence lawyers are here to assist. At Pyzer Criminal Lawyers, we understand the stakes and are committed to advocating for your rights and rehabilitation.
