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Parole Hearings

Parole Hearings

Administration of Justice

Parole hearings are a critical part of the criminal justice system. As part of the correctional system, parole is designed to provide an opportunity for offenders to reintegrate into society in a productive way and to provide an appropriate amount of community supervision. It is a complex process that involves a range of stakeholders.

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Parole Hearings

Is your parole hearing approaching? Would you like some assistance? It is our goal to provide you with the most effective representation, advocacy, and advice possible. In addition to providing comprehensive legal representation to clients, we are able to attend parole hearings and other criminal hearings on their behalf.


As part of our risk management team, we have a former federal parole officer on our team. We are able to anticipate and prepare for the risks that opposing parties may argue about. For example, they may argue that they should be denied the right to release you or that it should be restricted. The more information we have, the easier it is for us to advocate on your behalf. This will enable you to return to your community in the shortest amount of time possible. 


We want to make sure you are released from prison as soon as possible so you can return home. Researching the facts of your case and presenting compelling arguments can help you convince the parole board that it is in your best interest to release you from prison. In the past, we have been able to achieve positive outcomes for our clients by representing them before the parole board at hearings.


We can help you if you have been denied parole. You can count on us to help you take the next steps that will lead to you being able to return home. We will cover every loophole that there is no matter how many there are.

Review Your Habits

As an inmate at a federal or provincial institution in Ontario, you are likely waiting for your parole hearing date. Countdown days are probably ticking down in your head. Upon being granted parole, you will be able to serve the remainder of your sentence in the community. As soon as you are released from the institution on parole, you will be supervised by a community parole officer.


In order to ensure you are adhering to your parole conditions, your community parole officer will monitor you. There are two parole boards we represent clients at: the Parole Board of Canada and the Parole Board of Ontario.


Taking steps to reduce the likelihood that an individual will re-offend. It is crucial to note that the Parole Board of Canada is a separate entity from Correctional Service Canada, which is an independent administrative agency. 


What are you doing to prevent yourself from getting parole? Discover how you can increase your parole chances by consulting our former federal parole officer. Are your habits preventing you from being granted parole? Our former federal parole officer reveals the secrets of a successful application.

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Parole Hearings

Some common information about parole hearings.

What is Federal Parole?

Under conditional release (i.e. parole), you are allowed to serve part of your sentence in the community under the supervision of a parole officer (PO).


On parole, you are not completely free from supervision. You can successfully reintegrate into society with the assistance of  the Correctional Service of Canada (CSC) parole officers. In order to be released, you must comply with the conditions. The Parole Board of Canada (PBC) can revoke parole if the parole conditions are not met.

Parole Board of Canada (PBC)

The Parole Board of Canada (PBC), an independent administrative tribunal which reports to Parliament through the Minister of Public Safety, has exclusive authority, under the Corrections and Conditional Release Act (CCRA), to grant, deny, and revoke parole for offenders serving sentences of two years or more.


The PBC also makes parole decisions for offenders serving sentences of less than two years in all provinces and territories except Ontario, Quebec and Alberta, which have their own parole boards.


Parole Eligibility

After completing one-third of your sentence, you are eligible for parole. Your parole eligibility date ("PED") is the date on which you are eligible for parole. You are automatically scheduled for a parole hearing if you are serving a sentence of 6 months or more. You will be informed of your PED by your Parole Officer (PO) at the beginning of your sentence. A PO will discuss your options with you 8 to 10 weeks before your PED.


In order to qualify for parole, you must serve less than 6 months of your sentence. If you need help applying for parole, your PO can assist you.


Parole is Not Guaranteed

No. Even though the Board must consider all applicants serving sentences of 6 months or more for parole before their PED, it does not mean parole will be granted. Parole is never guaranteed.



Temporary Absence

The Board has the authority to grant temporary absences for periods of 72 hours or more. You are eligible to apply for temporary absence at any time during your sentence. For more information or if you wish to apply for temporary absence, please request to speak to the Temporary Absence Coordinator at the institution and refer to the Information on Temporary Absence In Ontario sheet prepared by the Ontario Parole Board.

Options for Parole

Applicants serving sentences of six months or more are automatically considered for parole and have a right to a hearing. However, applicants also have the option to give up (waive) their right to a hearing or parole consideration.

Forfeiting Your Right to a Parole Hearing

If you have given up your right to a parole hearing (but not your right to parole consideration) you may change your mind at any time before the Board makes a decision by notifying the Board in writing through the Institutional Liaison Officer (ILO). The Board will schedule a hearing for you. If the Board has already made a decision by the time you change your mind, you will need to request a review of the decision.

Giving Up Your Right to Parole Consideration

If you have given up your right to parole consideration you may withdraw (“rescind”) your waiver at any time by notifying the Board in writing through the Institutional Liaison Officer (ILO). The Board will then schedule a parole hearing to be held within a reasonable time of the Board receiving the required documents. You may give up your right to a parole hearing, by notifying the Board in writing through the ILO.

Making Parole Decisions

Parole decisions are made by Board members either through an in-office file review (without a hearing) or a face-to-face hearing with the offender and their parole officer.


In addition to standard face-to-face hearings, offenders can request Elder-assisted hearings and community-assisted hearings. Elder-assisted hearings involve an Indigenous Elder or advisor and are held in a circle format. Community-assisted hearings also include an Indigenous Elder or advisor but are usually held in the community where the offender plans to live.


Information Used in Parole Decisions

Board members consider all relevant and available information in assessing an offender's risk to re-offend.



Information from the police, courts, Crown attorneys, mental health professionals, correctional authorities, private agencies, and victims of crime is used in assessing an offender's risk to re-offend and whether that risk can be safely managed in the community.

This information can take the form of judges' sentencing comments or recommendations, employment history, and psychological and/or psychiatric assessments, for example.


Board members also refer to actuarial assessments and risk assessment tools.


The Decision-Making Process By Board Members

The Corrections and Conditional Release Act (CCRA) includes two basic principles which guide the Parole Board in its conditional release decision-making:

  1. That the protection of society be the paramount consideration in the determination of any case; and,
  2. That the Board make makes decisions that are consistent with the protection of society and that are limited to only what is necessary and proportionate to the purpose of conditional release.


The Parole Board considers two things when making conditional release decisions, whether:

  • the offender will not present an undue risk to society before the end of the sentence; and
  • the release of the offender will contribute to the protection of society by facilitating the offender's return to the community as a law-abiding citizen.


Risk Assessment By Board Members

  • An offender's social and criminal history, any systemic or background factors that may have contributed to the offender's involvement with the criminal justice system, the reasons for and type of offence(s) including the offender's understanding of the offence and any past offences.
  • Any progress made by the offender through participation in programs, their behaviour in the institution and while on previous conditional release(s).
  • Actuarial assessments and risk assessment tools
  • Any victim statements
  • The offender's release plan and community support


Frequently Asked Questions

Here are answers to some common questions. 

Provincial Parole

  • In Ontario, what is provincial parole?

    Parole is the early release from a provincial correctional institution. With the supervision of a Probation and Parole Officer (PPO), you can finish the rest of your sentence in the community. A parole decision for a sentence of less than two years is made by the Ontario Parole Board.


    A PPO will:


    Support your transition from the institution to the community;


    Provide you with information about community resources; and


    Make sure you comply with the parole conditions imposed by the board.


    Your parole can be suspended or revoked if you do not follow your conditions, which could impact your criminal record. You could return to an institution to complete the remainder of your sentence.

  • In Ontario, how do I apply for provincial parole?

    When applying for parole in an Ontario provincial correctional institution, you should speak with the Institutional Liaison Officer or the Native Institutional Liaison Officer. 


    For the OPB to decide whether to grant or deny the application, the liaison officer will assist the applicant in developing a parole release plan.

  • In Ontario, when am I eligible for provincial parole?

    After serving one third of your sentence, you are eligible for provincial parole in Ontario. Your parole eligibility date (PED) is the date on which you are eligible for parole. A parole hearing will automatically be scheduled if your sentence is six months or more. 


    As soon as you begin your sentence, you will be advised of your PED by the Institutional Liaison Officer (ILO). Eight to ten weeks before your PED, you will be presented with your parole options.


    The parole process requires you to apply if you are serving a sentence of less than 6 months. If you're applying for parole, the ILO can assist you.

  • In Ontario, what is a provincial temporary absence?

    Provincial offenders in Ontario are allowed to be absent from the institution for up to 60 days if granted an unescorted absence. This opportunity allows you to prepare yourself for release into the community. 



    Among the reasons are:

    • Assisting the applicant with their rehabilitation and successful reintegration into society
    • Medically necessary; or 
    • For humanitarian reasons. 

    It is still possible to apply for a temporary absence even if you have not applied for parole or if parole has been denied. The Ontario Parole Board has full authority over applications for temporary absences of 72 hours or more. During your sentence, you can apply for this absence at any time.



  • In Ontario, when am I eligible for parole?

    Once you have completed one-third of your sentence, you are eligible for parole. The Parole Eligibility Date is also known as PED. 


    Upon serving more than six months in prison, you will automatically be scheduled for a parole hearing. When the sentence is less than six months, it is necessary to apply for parole.

  • In Ontario, is parole guaranteed?

    Unfortunately, no. Applicants serving sentences of 6 months or more must be considered for parole before their PED, but parole does not guarantee release. There is no guarantee of parole.

  • In Ontario, I want to be considered for parole but don't want a hearing. What can I do?

    Even if you waive your right to a parole hearing, the Board will still consider whether you should be released on parole. The process is called Non-Hearing Parole Consideration (NHPC). 


    A copy of the Board's decision will be mailed to you when it grants or denies parole. If you wish to surrender your right to a parole hearing or consideration, the Institutional Liaison Officer (ILO) can help you.


  • In Ontario, I don't want to be considered for parole. How should I proceed?

    The Board will not hold a hearing and will not consider you for parole if you give up your right to be considered for parole. 


    Upon completion of your sentence, you will be released. When you do not want a parole hearing or consideration for parole, the ILO can help you through the process.



  • What if I change my mind about giving up my right to a parole hearing in Ontario?

    It is your right to change your mind at any time before the Board makes a decision if you have given up your right to a parole hearing (but not your right to parole consideration). 


    Your hearing will be scheduled by the Board. You can request a review of a decision if the Board has already made one.


  • What if I change my mind about giving up my right to parole consideration?

    By contacting the ILO, you may withdraw ("rescind") your waiver at any time if you have given up your right to parole consideration. As soon as the Board receives the required documents, it will schedule a parole hearing. 


    If you notify the ILO in writing that you are giving up your right to a parole hearing, the Board will not hold a hearing on your request.

  • If the Board makes a decision, how will it do so?

    Your case will be reviewed in one of three ways by the Board:

    1. Electronic Hearing: During an electronic hearing: Review your file and meet with you via an electronic hearing; or
    2. An in-person: An in-person hearing is conducted before a decision is made; or
    3. Paper: You can be considered for parole without a meeting if you waive your right to a hearing (this is referred to as a non-hearing parole consideration).

Federal Conditional Releases

  • Temporary Absences(TA): What are they?

    Temporary absences fall into two categories: 

    • Escorted (ETA); and 
    • Unescorted (UTA)

    Among the reasons for authorizing it are:

    • Projects for community service
    • Contact with family
    • Development of the individual, and 
    • Treatment by medical professionals

    Eligibility Criteria

    • During your sentence, you can apply for an ETA at any time. 
    • The Correctional Service of Canada (CSC) grants most ETAs, but the Parole Board must approve others (such as life sentences).

    Required Time Served

    • After serving one sixth of the sentence, a prisoner serving a sentence of three years or more is eligible for UTA
    • The UTA is available after serving six months of a two- or three-year sentence
    • Inmates on life sentences are eligible for UTAs three years before they become eligible for full parole. It is not possible to receive UTAs if you are classified as a maximum security offender.

  • Day Parole (DP): What is it?

    Day Parole


    As part of a day parole program, you can engage in community-based activities in preparation for statutory release or full parole. Every night, a day parolee must return to a community-based residential facility or halfway house, unless otherwise authorized by the Parole Board of Canada. During the offender's release on day parole, the Parole Board may impose special conditions the offender must follow.



    Criteria for Eligibility

    • The full parole eligibility date (PED) or six months into the sentence, whichever is later. 
    • Offenders serving life sentences should have three years before they are eligible for PED.


  • Full parole (FP): What is it?

    It is possible for you to serve part of your sentence under supervision in the community if you meet certain conditions. After successful completion of day parole, full parole is granted. Home is the most common residence for full parolees.


    In the case of determinate sentences, you are prepared to return to society after completing your sentence.


    Eligibility Criteria

    • If the sentence is less than seven years, one third must be completed. 
    • During sentencing, the court determines if those serving life sentences are eligible for parole. 
    • Before being eligible for parole, those charged with first-degree murder must serve 25 years. 
    • If convicted of second degree murder, you will spend between 10 and 25 years in prison, depending on the severity of your crime.

  • Statutory release (SR): What is it?

    Statutory Release

    • After serving two-thirds of your sentence (if parole has not yet been granted), the Correctional Service of Canada (CSC) generally releases you on Statutory Release (SR). 
    • Depending on the circumstances, certain restrictions may apply.

    If you are on SR, you are required to follow standard conditions, including:

    • Reporting to a parole officer
    • Staying within geographical boundaries, and 
    • Obeying the law. 

    You may also be required to comply with special conditions imposed by the Parole Board. On SR, some offenders are required to live in halfway houses or community correctional centers.


    The purpose of statutory release is to improve the chances of your successful reintegration into society before the expiration of your sentence. It is possible to return you to custody if you violate your conditions of release or present an undue public safety risk.


    The CSC may refer SR cases to the Parole Board for detention until the end of the sentence. These offenders may be ordered to spend the remainder of their sentence in prison, if certain legal criteria are met.


Federal Release Conditions

  • Standard Conditions: What are they?

    The conditions of conditional release must be followed by all offenders. 


    The parole officer must be notified of any change in your family, domestic or financial situation and you must obey the law and keep the peace.

  • Special Conditions: What are they?

    To further manage your risk in the community, the Parole Board may also impose any special condition it deems reasonable and necessary, including abstinence from drugs and alcohol. 


    A victim's request for special conditions is also considered by the Board. In most cases, victims and their families request no contact.


  • If I do not comply with the conditions, what will happen?

    Your parole can be revoked if parole conditions are not met, and you may return to prison if parole conditions are not met.

Federal Appeal Process

  • What is the appeal process?

    The Process

    • To file an appeal, you or a person acting on your behalf must send a completed "Appeal of PBC Decision" form along with a written notice stating the grounds for the appeal and supporting documents.

    Timeline

    • Within two months after the decision of the Board
    • Please note that the time limit to submit an appeal has been temporarily extended from two  to three months in response to the COVID-19 pandemic (subject to change without notice).

    Start

    • The appeal process begins when the initial appeal submission is received


    Method

    • Conducted by way of file review

  • Can an appeal request be withdrawn?

    You may withdraw an appeal by letter or email if you are the offender or someone acting on your behalf. There is no form to fill out.


    Include the following information in the request:

    • Name of the offender
    • Institution/region
    • The Fingerprint System (FPS) number
    • The decision that was being appealed.

  • Can provincial offenders appeal a decision?

    Due to Ontario's own provincial parole board, you would have to apply directly to them rather than to the Parole Board of Canada.

  • Can an offender send their request to the Appeal Division to have conditions or special conditions amended or removed?

    There are five grounds for appeal listed here.

    1. Failed to observe a principle of fundamental justice
    2. Made an error of law
    3. Breached or failed to apply a policy adopted pursuant to subsection 151(2)
    4. Based its decision on erroneous or incomplete information
    5. Acted without jurisdiction or beyond its jurisdiction, or failed to exercise its jurisdiction.  

    Offenders who do not agree with a condition must ask their Case Management Team to amend it. 


    Once the team has agreed, the revised document will be submitted to the PBC for review and a decision will be rendered.



  • How is the review conducted?

    Reviewing a file involves reviewing the file and, if applicable, reviewing the audio recording of the hearing.

  • How long does it take the Appeal Division to make a decision?

    As the Appeal Division reviews the order received, no set timeframe is set for making a decision. 


    Typically, decisions are rendered within four months.

  • Is the Appeal Division’s decision final?

    It is the final step for the PBC to reach a decision in the Appeal Division. If you want to appeal the decision, you will need to seek a Judicial Review at the Federal Court level. 


    In this case, you would need to hire a lawyer since a paralegal is not authorized to handle such matters.

OUR TEAM WILL HELP GET YOU READY

Preparing for Your Hearing

Preparing for a parole board hearing in Canada can be an intimidating experience. It's important to take the time to prepare for the hearing and understand the process. 


During the parole board hearing, the offender will be asked to explain their behaviour and answer questions from the board. The board will consider factors such as the offender's background, criminal record, and any rehabilitation efforts they may have taken. It is important to be honest and provide accurate information during the hearing.


Before attending the parole board hearing, it's important to be prepared. Research the parole board process and understand the different factors that will be considered during the hearing. Prepare a written statement that outlines the reasons why you believe you should be granted parole. The statement should include information about your criminal history, any rehabilitation efforts you have taken, and your plans for the future.

It’s also important to dress appropriately for the hearing. The board will be looking for someone who is taking the hearing seriously, and who is committed to living a law-abiding life. Wear formal attire and ensure you are well groomed.


Finally, it’s important to stay calm and focused during the hearing. Be prepared to answer questions and provide truthful information. Remember that the board is looking for evidence that you have changed and are ready to live a law-abiding life. By staying focused and being honest, you can increase your chances of being granted parole.


Preparing for a parole board hearing in Canada can be an intimidating experience. However, by doing the necessary research, preparing a statement, dressing appropriately, and staying calm during the hearing, you can increase your chances of being granted parole.



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