What is a Parole Hearing in Canada?

A parole hearing is a legal process through which an offender can turn his life around by applying for early release from prison. The Parole Board of Canada makes a decision based on different factors, including offender risk level, behaviour, etc.

This article will walk you through the role and factors of parole hearings in Canada. You will also know the essential aspect of the Canadian criminal justice system.

A parole hearing is a legal process where someone imprisoned can request early release under certain conditions. The Parole Board of Canada (PBC), an independent administrative tribunal, decides conditional releases, pardons & clemency and conducts the hearing.

During the parole hearing, the offender can argue their case and show why they are a good candidate for early release. The offender’s criminal history, behavioural conduct while in prison, the risk of reoffending, and plans for reintegration into society are just a few of the factors the PBC will consider.

The Parole Board of Canada is an independent administrative tribunal. It is accountable to Parliament through the Minister of Public Safety and Emergency Preparedness. They are also responsible for deciding conditional releases, pardons, and clemency.

The role of PBC is to determine whether an offender should be released after determining the risk they pose to society. Thus, the PBC can grant or refuse parole, set parole restrictions, and revoke parole if an offender disobeys such restrictions. The PBC also considers the victim’s perspective and the effects of the offence on the victim.

The hearings process aims to determine whether the criminal should be given parole based on the risk they represent to society.

The following steps are commonly involved in the parole hearing procedure:

The offender has to apply for parole. It includes information about the offender’s background, behavioural conduct, and plans for reintegration.

The PBC carries out a pre-hearing assessment, which includes looking at the offender’s file, determining the level of risk, and speaking with other stakeholders, including victims and community members. Moreover, the offender may also participate in programs and treatments to prepare for the hearing.

The PBC conducts the official legal procedure known as the parole hearing. The offender can present and demonstrate their position and why they would be a good candidate for parole. Also, the PBC considers the offender’s criminal history, actions while jailed, behaviour, and the crime’s effects on the victim.

The PBC decides whether to grant or reject parole after considering all the evidence heard during the hearing. If parole is approved, the PBC may restrict the offender’s release, such as reporting to a parole officer. If parole is rejected, the criminal may reapply for it.

The criminal is freed from custody and starts their parole sentence if approved. The PBC keeps track of the offender’s commitment to the terms of their release and takes appropriate action if they do not. If parole is rejected, the offender may request a review of their case or file an appeal.

There are several things the board consider in the parole hearing, as follows:

The PBC considers the level of the victim’s harm and the impact of the crime on the neighbourhood. They also consider the offender’s degree of involvement in the crime, their intent, and other circumstances.

If a pattern of criminal activity implies a high risk of reoffending, the PBC will evaluate the offender’s criminal history. They also look for any past convictions and crimes of the offender.

The PBC checks on the offender’s behaviour inside the prison. How can they manage their behaviour and emotions? How do they treat the participation programs? Do they abide by the rules and regulations of the authority etc.?

The PBC reviews the offender’s release plan, which includes housing, job, and social assistance. They consider the adequacy of the plan and check if there are any tackles any risks or worries.

The victim impact statement describes how the offense affected the victim and their family. They consider the victim’s opinions about the offender’s release and any necessary conditions that need to be imposed.

The PBC asks community members and organizations for information about offenders’ behaviour and history. Based on the information, the PBC will take the necessary actions.

Parole hearings are complex in Canada. It allows an offender to release from prison before the end of the sentence. This decision is based on factors like criminal history, offender behaviour in prison etc. The parole process helps to balance the punishment and rehabilitation of the criminal justice system. As a result, the offender can successfully get back into the community.

Board members from the Parole Board of Canada interrogate you, examine your case, and determine if you are a threat to the community during a hearing. The parole board may grant you parole and conditionally release you into the community to continue serving your sentence if it determines that you are not a threat to the community.

Parole hearings are often held in the facility where the offender is housed. The criminal can discuss the circumstances leading to imprisonment during the parole hearing. Parole officials also enquire to get further information.

The Board wants to know if you have a plan for housing, education or work (including job training programs). They also want to know that drug or alcohol treatment (if applicable, given your prior history) and emotional support from family or friends before deciding whether to release you on parole.

The length of parole is often based on the offence committed and the offender’s conduct. Parole often lasts up to five years. Nonetheless, prisoners’ parole may continue for the rest of their lives.

Any recommendations made at the hearing are merely provisional. However, a second examiner review is necessary before reaching a final judgment. A Notice of Action informing the offender of the final judgment usually takes around 21 days to arrive.