Parole hearing Lawyers in Canada

Section 100 of the Act says the purpose of conditional release is to contribute to the maintenance of a just, peaceful and safe society through decisions on the timing and conditions of release that support the rehabilitation of offenders and their reintegration into the community as law-abiding citizens. Under section 100.1, the protection of society is the paramount consideration for the Board in all cases.

Section 101 says the Board takes into consideration all relevant available information, including the stated reasons and recommendations of the sentencing judge and the nature and gravity of the offence, and makes the least restrictive determinations that are consistent with the protection of society. Under section 102, the Board may grant parole if, in its opinion, the offender will not, by reoffending, present an undue risk to society before the sentence expires.

Under section 99, day parole is the authority to be at large during the sentence in order to prepare for full parole or statutory release, on conditions that require a return to a penitentiary, residential facility or other location each night or at another specified interval. Full parole is the authority to be at large during the sentence.

Eligibility depends on the sentence. Under section 120, subject to the Criminal Code rules described below, an offender is not eligible for full parole until a period of ineligibility of the lesser of one third of the sentence and seven years has been served. For a life sentence imposed otherwise than as a minimum punishment, the period is seven years, less time in custody between arrest and the day of sentence.

For day parole, section 119 sets the portion to be served. For a sentence of two years or more, apart from the cases the section treats separately, it is the greater of the portion ending six months before full parole may be granted and six months. For a sentence of less than two years, it is one half of the portion that must be served before full parole may be granted.

Under section 122, the Board reviews the case of an offender for day parole on application, at the time set by the regulations. Day parole may be granted for a period not exceeding six months, and continued for further periods of up to six months each following reviews. Under section 123, the Board reviews, within the period set by the regulations, the case of every offender serving a sentence of two years or more who is not within a provincial parole board's jurisdiction, unless the offender has advised the Board in writing that they do not wish to be considered.

If the Board decides not to grant parole, section 123 requires another review within two years, and again within two years after each later review, until the offender is released, the sentence expires, or less than four months remain before the statutory release date. For an offender serving at least two years for an offence involving violence, the period is five years, and the Board gives written reasons. No new application for full parole may be made until one year after the Board's decision, unless the regulations or the Board allow an earlier time.

Section 140 says the Board conducts the review by way of a hearing, in whichever of the two official languages of Canada the offender requests, unless the offender waives the right to a hearing in writing or refuses to attend. That applies to classes of cases that include the first review for full parole and later reviews under section 123, and a review following a cancellation of parole. The Board may elect to hold a hearing in any other case.

At least fifteen days before the day set for the review, section 141 requires the Board to give the offender, in writing, the information to be considered or a summary of it. The Board may withhold as much as is strictly necessary where it has reasonable grounds to believe that disclosure would jeopardize the safety of any person.

Under section 140, an offender at a hearing may be assisted by a person of the offender's choice, who may be present throughout, advise the offender, and address the Board on the offender's behalf at times the members judge conducive to the effective conduct of the hearing. An offender without an adequate understanding of an official language is entitled to an interpreter.

Under section 147, an offender may appeal a decision of the Board to the Appeal Division on the ground that the Board failed to observe a principle of fundamental justice, made an error of law, breached or failed to apply a policy adopted under the Act, based its decision on erroneous or incomplete information, or acted without jurisdiction or beyond its jurisdiction, or failed to exercise its jurisdiction.

After a review, the Appeal Division may affirm the decision, affirm it but order an earlier further review, order a new review, or reverse, cancel or vary the decision. A member of the Appeal Division may not sit on an appeal from a decision in which the member participated, under section 146.

Section 745 of the Criminal Code sets the rules for a life sentence. For first degree murder, life without eligibility for parole until twenty-five years of the sentence have been served. For second degree murder, until at least ten years have been served, or a greater number of years that is not more than twenty-five. Under section 745.4, the trial judge may substitute for ten years a number of years that is more than ten but not more than twenty-five, having regard to the character of the offender, the nature of the offence and the circumstances surrounding its commission. A person convicted of any other offence who is sentenced to life has normal eligibility for parole. Section 745.1 sets different periods for a person under 18 when the offence was committed.

Section 743.6 lets a sentencing court delay parole. Where an offender receives a sentence of two years or more for an indictable offence set out in Schedule I or II to the Corrections and Conditional Release Act, the court may order that the portion served before full parole is one half of the sentence or ten years, whichever is less, if denunciation or deterrence so requires. Section 675 allows an appeal to the court of appeal against that order. Under section 746, time in custody between arrest and the day of sentence counts in calculating the period served for section 745 and related sections.

Under section 745.6, a person convicted of murder who has served at least fifteen years may apply in writing to the Chief Justice for a reduction in the years without eligibility, subject to conditions. A person convicted of more than one murder may not apply. Under section 745.61, the judge first decides on written material whether there is a substantial likelihood that the application will succeed. Under section 761, for a person held for an indeterminate period, the Board reviews the case as soon as possible after seven years in custody and not later than every two years after.

The Law Society of Ontario keeps a public Lawyer and Paralegal Directory, where a lawyer's licence can be looked up. The Ontario lawyers on this site are listed by city. Nothing on this page ranks or recommends any of them. For a parole matter, ask Legal Aid Ontario directly whether help is available. Applications for a legal aid certificate are online or by phone at 1-800-668-8258.