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What you need to know about parole in Canada

Rapist and convicted murderer applies for day parole. Tim Danson, lawyer and advocate for the families of Kristen French and Leslie Mahaffy, gives his response
Rapist and convicted murderer applies for day parole. Tim Danson, lawyer and advocate for the families of Kristen French and Leslie Mahaffy, gives his response

Reports that Canada’s most notorious murderer and rapist Paul Bernardo will be applying for day parole have raised questions into how Canada’s legal system works when it comes to the release of prisoners.

 

The Corrections and Conditional Release Act (CCRA) states that all offenders must be considered for some form of conditional release during their sentence. However, just because they are eligible, doesn’t mean an inmate will be granted parole.

 

The Parole Board of Canada (PBC) will review the offender's risk to the public when they become eligible for all types of conditional release, with the exception of statutory release.

 

Isabel Grant, professor at the University of British Columbia’s Peter A. Allard School of Law says, "The odds of Bernardo getting day parole are extraordinarily minuscule," since he is designated a dangerous offender and is serving life in prison with no chances of parole for 25 years for raping and murdering Leslie Mahaffy and Kristen French.

 

"I’d be shocked beyond belief. He still is a dangerous offender (and a convicted murdered) so he’d have to meet the stringent standards around that."

Below are the types of release eligible to Canadian inmates.

Temporary absence

This is the type of release most commonly granted to offenders. It’s so they can get medical treatment, contact their family, undergo personal development or counselling and take part in community work projects.

A temporary absence can be granted at any time during the sentence and the offender may be escorted or unescorted, depending on the sentence and time served.

 

 

Day Parole

Day parole grants the offender the right to take part in community-based activities leading up to a full parole or statutory release.

“The idea is that a gradual transition is better for everyone involved — both the offender and the public,” says Grant. “It’s to give the offender a period of time to see how they’re doing in the community and see what kind of management is necessary for them to be able to integrate in the community.”

Offenders are allowed out during the day, often to take part in a rehabilitation program, and return back to the facility in the evening.

Those serving sentences of three years or more are eligible to apply six months prior to full parole eligibility.

Those serving life sentences, like Bernardo, can apply three years before they’re eligible for full parole.

Convicts serving sentences of two to three years can apply for for day parole after serving six months of their sentence.

For those serving under two years, day parole eligibility comes at one-sixth of their sentence.

Full Parole

Full parole grants the right for the offender to serve part of the prison sentence in the community under strict supervisions and conditions.

“You’re released from the penitentiary or facility that you’re being detained in,” explains Grant. “Although you’re under supervision, you’re usually living on your own. Maybe in a half-way house or some sort of transitional housing at first.”

A parole officer must be kept up to date on changes in living arrangements or financial situations while an offender is under full parole.

Statutory release

It is the law for most federal inmates to automatically be released after they’ve served two-thirds of their sentence if they haven’t already been released on parole. This is called statutory release.

This differs from parole, since the decision for release has nothing to do with the Parole Board of Canada.

Those serving life or indeterminate sentences are not eligible for statutory release.

Information compiled from Correctional Services Canada