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HV 9308 C222 c . 3

an outline of canada's parole system for judges, magistrates and the police Issued by The National Parole Board, Ottawa

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FOREWORD

"One cannot learn to live in freedom without experiencing freedom, and even the most open institution provides a restricted protected environment. The offender who is to succeed in becoming a law abiding and hopefully, contributing citizen, must do so in the outside community"

The Report of the Canadian Committee on Corrections — 1969 The Hon. Mr. Justice Roger Ouimet, Chairman

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INTRODUCTION

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This booklet was specifically written forjudges, magistrates, and the police to explainthe policies and operations of the NationalParole Board. Its purpose is to promote abetter understanding of the Board's work andto increase co-ordination between the Boardand others in the field of corrections so thatwe can realize our mutual aims; the pro-tection of the public and the rehabilitation ofthe offender.

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Definition and Purpose of Parole

Parole is a release of an inmate from a penal institution — under certain conditions — so that he can serve the remainder of his term of imprisonment in the community. Any adult inmate who is serving a sentence under a federal law in any penal institution in Canada may be released on parole under the Parole Act. The dual purpose of parole is to assist in the reformation and rehabilitation of the offender so that he can become a law-abiding citizen and to insure there is no excessive risk to society. It is a matter of helping those who want to help themselves and giving them another chance, if they seem to deserve it.

Authority and Jurisdiction

The authority and jurisdiction of the National Parole Board is set out in the Parole Act (S.C. 1958 C.38) (Appendix A), which was proclaimed in force, February 5, 1959. Substantial amendments to the Act were made under the Criminal Law Amendment Act (S.C. 1968-69 C.38) which was proclaimed August 26, 1969.

The Board has the exclusive jurisdiction and absolute discretion to grant, refuse or revoke parole for any adult inmate in a federal or provincial institution who is serving a sentence under any federal statute.

Where a person sentenced under a federal law, is also sentenced to serve a concurrent or consecutive term of imprisonment under a provincial law, the Board has jurisdiction and discretion to grant parole for both terms, where so authorized by provincial legislation. In Ontario and British Columbia, pro-vincial parole boards have jurisdiction to grant parole for the indeterminate part of a sentence.

The Board has no jurisdiction over a child under the Juvenile Delinquents Act, or an inmate serving a sentence for a breach of a provincial statute, for example, a Liquor Control Act.

The Board is definitely not a reviewing author-ity. It does not review the propriety of the conviction or the length of the sentence. This is wholly the function of the court. Parole is not designed to shorten the sentence of the court. It does shorten the time spent in prison but the inmate is still serving the remaining portion of his sentence in the community under control. This unexpired portion includes all the remission — statutory and earned — that was credited to him while in prison.

The Board also has jurisdiction to revoke or suspend any sentence of corporal punishment, or any order made under the Criminal Code prohibiting a person from operating a motor vehicle.

Policy

The National Parole Board believes that an emphasis on reform and rehabilitation, rather than an emphasis on punishment alone, helps the offender to become a law-abiding citizen.

Parole is not a question of interferring with the sentence of the court. Parole is not a matter of mercy or clemency. The National Parole Board believes that an inmate should be paroled to assist in his rehabilit-ation:

(a) when the maximum benefit has been gained from imprisonment;

(b) when the offender has responded favourably to treatment and training programs;

(c) when he shows a definite indication of his intention to reform;

(d) when his reform and rehabilitation will be aided by parole;

(e) and when his release would not mean an excessive risk to society.

Those who do not show such an indication or do not respond to the programs should remain in custody for the protection of society, until they can be success-fully treated.

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The policy of the Parole Board is, as far as possible, to:

(a) encourage an in mate to become a law abiding citizen and to assist him to do so by granting parole;

(b) treat the offender rather than the offence; (c) deal with an offender as an individual, not as a

member of a group; (d) judge each case objectively, according to its

merits and circumstances; (e) be flexible and avoid the use of rigid or

arbitrary rules of practice; (f) be practical, realistic and businesslike in

dealing with an offender; (g) avoid any suggestion that parole means

pampering an inmate or that it involves the use of leniency or clemency ;

(h) consider each case from the point of view that what the inmate is apt to do in the future is more significant than what he has done in the past;

(i) pro vide adequate supervision to ensure proteçtion of the public and assistance for a parolee; and

(.0 emphasize correction and reformation as the purposes of punishment, rather than vengeance or retribution.

E ligibility for Parole

Under the parole regulations (Appendix B) an inmate serving a sentence of two years or more in a federal penal institution must serve nine months before parole may be granted. Those serving three years or more must serve one-third of their sentence or four years, whichever comes first, before they become eligible to be granted parole.

However, the Board is not bound by this regula-tion. It may — under the parole regulations — make exceptions when it believes the case is a deserving one, and the best interests of the community and the

inmate can be served by an early release. Such a release may be granted because of a death or similar tragedy in the family, after special representation by the judiciary or the crown prosecutor, for seasonable employment, or for schooling, especially examina-tions.

An inmate serving a life sentence must serve seven years before he becomes eligible for parole. An inmate serving a life sentence for non-capital murder or a commuted death sentence must serve ten years, minus time spent in custody before the term of imprisonment was imposed, before being considered for parole. However, consent for release from the institution in these two instances must come from the Governor in Council.

The case of every inmate serving a sentence of two years or more who is sentenced or transferred to a federal institution is reviewed automatically within six months of his entry into the institution and a date for parole eligibility is set.

Unless the Board is told in writing that the inmate does not want parole, an inmate's case is reviewed automatically every two years, until parole is granted or his sentence is terminated.

Inmates serving sentences of less than two years in a provincial institution must apply for parole. They may be considered for parole after serving one-third of their sentence.

Application for Parole

An inmate in a federal institution must make the application for parole himself and may do so by filling in an application form, which he may obtain at the institution, and sending it to the National Parole Board, 340 Laurier Avenue West, Ottawa. An inmate in a provincial institution may apply himself, or someone may do it on his behalf.

In applying for parole it is not necessary that the

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inmate have a lawyer. However, a lawyer may makerepresentations to the Parole Board on his behalf. Alawyer may also assist by helping to arrange a paroleprogram and community support.

When the application is received, the investigationto see whether parole should be granted normallytakes about four months to complete. The Boardthen considers the results of the investigations.Therefore, an inmate may apply for parole some fivemonths before he is actually eligible to be granted it.Although it is not a normal procedure, an inmate mayapply to the Board to have his case considered earlieras an exception so that he might be granted an earlyrelease.

Investigations and Reports

The granting or refusing of parole is a matter ofjudgment based on investigations and personal inter-views with the inmate and his family by the Board'sown staff and on reports from the court, the police,the institutions, and the social agencies that havedealt with him. Indeed, the Board views the closeco-operation shown by the bench and the police as animportant factor in determining the fitness of aninmate for parole. In light of the heavy work load ofboth the courts and the police, the Board is greatlyappreciative of their reports on offenders.

Judges and Magistrates

Because of your heavy work load we do not askfor reports on a routine basis, though we certainlywelcome your comments whenever you feel there arecircumstances about a case you believe we shouldknow. If we do not receive regular reports from youwe will ask for a report only when your commentswill be particularily pertinent to the determination ofparole in a particular case.

When we ask for these reports we hope to obtainthe following information:

(a) your impression of the inmate and his attitudeand demeanor at the time of his sentence;

(b) a complete picture as presented at the trial andthe circumstances of the offence;

(c) the effect of the offence on the victim and ifany restitution was made;

(d) the reaction of the public to the offence;(e) whether violence was involved in the com-

mission of the offence;(f) whether the offence was deliberate;(g) the offender's reputation, family background

and work record in the community;(h) whether he is addicted to alcohol or drugs; and(i) what you had in mind when you gave the

sentence you did.

We ask these questions of the courts, not becausewe are in any way concerned with the propriety ofthe sentence, but so that we can co-operate as muchas possible in carrying out the purpose that the courthad in giving the type of sentence it did.

Some magistrates, particularly in rural areas, areable to give us a great deal of information about aman's family and background and his reputation inthe community, which might not have been obtainedfrom other sources. We want as much informationabout the inmate as possible, and we are mostgrateful to the sentencing authorities for their assist-ance in this matter.

The Police

When an offender is sentenced to a penitentiary,many police forces automatically send us a report assoon as a case has been disposed of by the court. Werequest reports from others who do not send reports.These reports help make our system of selection ofinmates for parole a more efficient one.

We like to know the circumstances of the offence,and what part the offender played in it. We like toknow if the offender was co-operative whenapprehended. You may be able to tell us something

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(f)

(g)

about the man's general reputation in the community and if he has been in trouble previously. You may also know the offender's work record and family background. All this information is useful.

Indeed, police reports are of vital consequence not only to the National Parole Board but to the Canadian Penitentiary Service. For if there is no official version of the offence, the inmate is able to present his version without fear of contradiction. This could thwart any attempt to have him face the reality of the offence and hinder reformation and rehabilita-tion. For example, the inmate's version of a sexual offence or a personal assault may tend to diminish the seriousness of the offence, which the report would otherwise indicate.

The following is a suggested outline of the contents of a police report. It would be helpful if the report covers these points as fully as possible, if the information is known or easily available to you.

(a) concise history of circumstances leading up to and surrounding the commission of the crime; method of operation; frequency with which this type of offence has occurred; violence involved;

(b) were there accomplices, if so, their names and the dispositions in their cases; whether the inmate was the instigator of the crime or otherwise;

(c) extent or form of the recovery or disposition of the stolen goods; restitution or compensa-tion made by the accused; attitude and co-operation of the accused after arrest;

(e) effect of the crime upon the victim (especially in cases of rape, theft with violence, etc.); the age, reputation and character of the victim, especially in that type of crime mentioned in (e); details of additional convictions not already showing on FPS report prepared by RCMP;

(h) previous reputation of inmate, including work record, family or marital background, use of liquor or drugs;

(i) the expected reaction or attitude of the public including community support or assistance if the Board were to grant parole; and

(j) any additional information that would be of value to the Board, e.g. involvement in organized crime.

Institutions

Reports received from institutional personnel on the activities and progress of the candidate for parole, are also significant. If any change in attitude has occurred, it may have occurred as a result of the arrest, the sentencing or in the institution. From the institution's report we can learn of the inmate's desire for individual or group counselling, religious instruc-tion, his need for medical or psychiatric treatment and his overall conduct, attitude, incentive and insight into his problem. We can quickly ascertain what the inmate has been doing to improve himself, his response to the treatment and training program, where his talents lie, and his interest in vocational shop training or academic courses.

We know the training facilities available at the various institutions, and take into consideration the limitations in each case.

District Representatives

District representatives of the National Parole Board are in charge of certain areas and have under them a staff of parole officers.

A district representative has authority over parolees in his area with jurisdiction to modify or remove any conditions of parole, except the special conditions imposed by the Board, suspend a parole, terminate a day parole, and authorized the apprehension of a parolee. In some cases he directly supervises parolees. He also is responsible for liaison with government

(d)

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officials, provincial authorities, courts, police, penalinstitutions, probation officers and after-care or socialagencies.

These officers are in constant liaison with theBoard and are always available to receive represent-ations from the public and authorities in the correct-ional field.

Inmate Interview

A representative of the Board interviews theinmates to discuss the application for parole and theinmate's plans if he were to be released. Therepresentative briefs him about parole, assists himwith his applications, helps prepare post-release plans,

assesses him as a parole risk and makes a recommend-ation to the Board. This is generally carried out byparole officers who are stationed in 34 cities acrossCanada so they can provide expendient and effectiveservice in their respective areas.

Community Investigation

A community investigation is made by a parole

officer, a member of an after-care agency, or aprovincial probation officer. This investigation revealsthe inmate's family or marital background, workrecord and general reputation. In this regard therepresentations made by responsible officials andcitizens are helpful in determining the reliability andcharacter of a candidate for parole. We have to decideif the inmate is ready to live in the communtiy and ifthe community is ready to accept him.

Inquiries are made concerning a job possibility,community support and acceptance, and availablesupervision to establish a sound program, beneficialfor the inmate's rehabilitation.

We need numerous comprehensive reports to make

a proper final decision, just as courts requireextensive information about the accused to decideintelligently what sentence he should receive. From

this extensive file of information we make anassessment of each inmate to ascertain if he has reallychanged his attitude and has a sincere desire toreform.

Selection for Parole

When all the reports are received and thecommunity investigation completed, they areanalyzed and presented to the Board for consider-ation. Parole for inmates in provincial institutions isgranted or refused on the basis of these reports andinvestigations. For the inmate in a federal institutionthere is one more step before the Board makes thedecision. He is interviewed by a panel of two or moreBoard members before his parole eligibility date toclarify or amplify his reasons for requesting paroleand other aspects of his case that may have come tolight through the reports and investigations.

Minutes after the interview, the inmate is told ofthe decision and the reasons for it. If parole is grantedhe is also told of the restrictions and conditions thathe must accept before his release.

These are some of the factors that help the Boarddecide:

(a) the nature and gravity of the offence, andwhether he is a repeater;

(b) past and present behaviour;(c) the personality of the inmate;(d) the possibility that on release the parolee

would return to crime and the possible effecton society if he did so;

(e) the efforts made by the inmate during hisimprisonment to improve himself througheducation and vocational training and howwell they demonstrate his desire to become agood citizen;

(f) whether there is anyone in the communitywho can - and would - help the inmate onparole;

(g) the inmate's plans and whether they are

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realistic enough to aid in his ultimate rehabilitation;

(h) what employment the inmate has arranged, or may be able to arrange; steady employment must be maintained if at all possible as one of the most important factors in his rehabilitation;

(i) how well the inmate understands his problem; whether he is aware of what got him into trouble initially and how he can overcome his defect, and, how well he understands his strengths and weaknesses.

The final test in any parole case is whether there is a change in attitude towards crime — whether he has genuinely attempted to change for the better. Our prime objective is to help those inmates who want to help themselves, and give them another chance if they really deserve it, keeping in mind the protection of society.

Alcoholics and Drug Addicts

Many inmates applying for parole were under the influence of alcohol when they committed their crimes. Some are chronic alcoholics. When alcohol is directly involved in the case, the Board believes it is in the best interest of both society and the inmate that complete abstinence from intoxicants be one of the conditions of parole.

We expect the inmate to recognize his problems and to do something to overcome them. Indeed, we are encouraged by the number of inmates who take advantage of Alcoholics Anonymous programs avail-able within the various institutions and who continue their affiliation with AA upon their release.

Greater care must be taken in the granting of parole to drug addicts because of the serious nature of drug addiction. Their applications demand greater study than usual. However, if it appears the inmate in question sincerely intends to stay away from drugs,

the Parole Board does everything in its power to help him do so. Caution being the keynote in these cases, all such parolees are carefully supervised and assisted upon release from an institution. Although there is no known sure cure for drug addiction, many parolees have abstained from the use of drugs; some for periods of several years.

A Criminal Record

A lengthy criminal record is not a bar to parole, hundreds of men with serious records have been paroled. However, if a man has established a pattern of criminal behaviour, we obviously have to be more careful about granting him parole. We must be reasonably sure that his criminal behaviour will not be repeated.

The same applies to a previous parole violator.

Inmates with these two types of records can be paroled, but they must do more than the average to demonstrate they have changed for the better. With these inmates the utmost caution is exercised, at the same time bearing in mind what the Fauteux Commission, w hi ch inquired into remission procedures, said in its report:

"A lengthy record is not of itself a sufficient reason to refuse parole. The experience of after-care agencies has been that many of their outstanding success cases have been individuals with long records."

Length of Parole

The parole period covers the time between the date the inmate is released on parole and the date his sentence officially terminates This includes the period of statutory and earned remission.

Conditions of Parole

The Parole Document that appears in full in Appendix C sets out the various restrictions and

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conditions an inmate must observe while on parole. The document contains a detachable parole certificate, instructions for reporting to the super-visor, general conditions for parole, and an acknow-ledgement of understanding and acceptance of all conditions, and regulations and restrictions governing the release. The wallet size certificate certifies that the inmate is on parole and indicates any special conditions of his release. It is signed by the inmate before his release, to show he understands and accepts the restrictions and conditions of his parole.

The certificate also stipglates that the parolee must, at least once a month, report to the police unless otherwise instructed by his parole instructor.

Supervision

Parole supervisors are usually parole officers of the parole service, members of after-care agencies, or provincial probation officers. In some cases they are responsible private citizens appointed by the Board. Their duties vary. They help parolees with everyday problems counselling, guiding, advising and ensuring that parolees do not violate any of the conditions of their parole. They report to the Board any violations of the parole conditions.

Supervision involves both guidance and surveil-lance; the casework and the authoritative type of approach. It should be adequate and fair but firm. Parolees should be assisted with their problems and given friendly counsel and advice. At the same time they must learn to accept the responsibilities of being a law abiding citizen. If they misbehave, or if it is apparent they do not intend to reform, they should be returned to prison.

Supervisors are aware that they should promptly report any breach of the conditions or misbehaviour, so the Board may deal quickly with any such violations.

Day Parole

For Rehabilitation

There is a release on parole called day parole which is granted to an inmate for special rehabilit-ative purposes. It is not considered to be a step leading to a release on full parole, though this is certainly possible. It would be granted, for example, to allow an inmate to attend school, to continue in a job where it would be beneficial to his career and his dependents, to take a job where the occupation is seasonable, or to take training not available in the institution. The inmate leaves the institution during the day and returns, though not necessarily each evening. The granting of day parole and the length of absence from the institution depend on a number of factors, such as the distance of the institution from the community, the transportation available and naturally enough the inmate himself.

Day parole differs from the temporary absence that can be granted by the head of the institution for rehabilitative purposes. The latter is granted for periods of up to 15 days, while day parole is granted by the Board for periods lasting longer than 15 days.

Preceding Full Parole

There is another form of day parole which is lcnown as gradual release. The essential difference is that this is the final step before full parole. The inmate is granted a full parole but before it officially begins he is given a gradual re-introduction to society, to help overcome the shock and problems of changing from prison custody to life outside.

It is a procedure designed to assist particularly the long-term prisoners in their progressive adjustment to community life. An inmate is taken out for a few hour,s and sometimes for the whole day just before final release on parole. He is usually escorted at first and later may be out alone.

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A person in prison for a long time is thoroughly unfamiliar with the outside world, and such an ordinary thing as making a telephone call, or buying a cup of coffee, may be a nerve wracking experience. The gradual release helps overcome these problems and helps the prisoner to regain poise and self-confidence.

Minimum Parole and Mandatory -Supervision

The Board also grants another type of parole to those who are not selected for ordinary parole.

Minimum Parole

Inmates who were in a federal institution before August 1, 1970 and do not get ordinary parole may be released before the end of their sentence on what is known as minimum parole. The length of this parole is calculated on the basis of one month for each year of sentence — up to a maximum of six months — plus the period of statutory and earned remission. Therefore, an inmate is released at a somewhat earlier date than he would be if he were released on remission. This means the inmate is under supervision and guidance for a longer period and he can make a smoother readjustment to society so the community has greater protection.

However, minimum parole is not available to inmates serving life imprisonment, a sentence of preventive detention, or when the sentence is less than one year.

All the benefits and sanctions conditions and restrictions of ordinary parole apply to those on minimum parole.

Mandatory Supervision

Mandatory supervision will eventually replace minimum parole. It applies to inmates who were sentenced or transferred to a federal institution on or after August 1, 1970.

The pertinent section of the Parole Act, 11B (1) and (2) reads:

(1) Where an inmate to whom parole was not granted is released from imprisonment, prior to the expiration of his sentence according to law, as a result of remission, including earned remission, and the term of such remission exceeds sixty days, he shall, notwithstanding any other Act, be subject to mandatory supervision commencing upon his release and continuing for the duration of such remission.

(2) Paragraph (e) of section 8, section 9, section 11 and sections 12 to 17 apply to an inmate who is subject to mandatory supervision as though he were a paroled inmate on parole and as though the terms and conditions of his mandatory supervision were terms and con-ditions of his parole.

The Board believes that if those who are selected for parole need help through supervision and guidance, then those who are not selected need help even more. Mandatory supervision will, therefore, give the Board an opportunity to assist all inmates released from a federal institution and at the same time offer protection to the community.

Every inmate will be under some form of super-vision and guidance throughout the whole of his sentence whether in custody, on parole, or under mandatory supervision.

Violation of Parole

Sometimes a parolee appears to be headed for trouble or he actually gets into trouble. When this happens, the Board, or its designated representative, may suspend the parole, or the Board may revoke the parole. If the parolee commits an indictable offence, the parolee automatically forfeits the parole upon his conviction for the offence.

Generally spealcing, the Board's experience has

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shown that the police are normally helpful to aparolee. We appreciate the understanding of thepolice towards the problem of rehabilitating inmatesthrough parole. However, we are not unmindful ofthe responsibilities and difficulties of the police andare willing and anxious to co-operate in every way.

If a parolee is causing trouble, or misbehaving inany way, we appreciate that this be reported to oneof our representatives, so he can deal with thematter quickly and effectively. If it is necessaryhe can issue a warrant of apprehension and havethe parolee arrested and placed in custody. Wewill do our best to reciprocate police co-operationand ensure that our parolees cause as little trouble ascan possibly be expected.

Suspension

The Act stipulates that any member of the Boardor a person designated by the Board, may by awarrent signed by him, (Appendix D) suspend aparole and authorize the apprehension of the parolee.This is done to prevent a breach of parole, for therehabilitation of the inmate, or for the protection ofsociety.

District representatives are authorized to issuewarrants of apprehension on the suspension of parole.When the parolee is apprehended, he is brought beforea magistrate who, by a Warrant of Committal (Ap-pendix E) remands him in custody.

The Board's representative must within 14 days,do one of two things. After an investigation he cancancel the suspension by an Order of Cancellation ofSuspension (Appendix F), or he can refer the case tothe Board. During this time the parolee is in custodyand is deemed to be serving his sentence.

The Board may, after receiving the results of aninvestigation, either cancel the suspension or revokethe parole. If the Board decides to cancel the

suspension and thus continue the parole, it issues anOrder of Cancellation of Suspension.

Revocation

When a parole is revoked, the Board, or any persondesignated by it, issues a warrant of apprehension andthe parolee is brought before a magistrate or judge.The Warrant of Committal is executed by themagistrate or judge, and the parolee is normallyrecommitted to the institution from which he wasparoled. The parolee will then serve that portion ofhis sentence that remained when he was grantedparole - including his period of remission - lessany time he spent in custody while his parole wassuspended. However, when he enters the institutionhe is granted statutory remission based on the newterm of imprisonment, and the remission he hadpreviously earned is recredited to him.

Members of the Board will interview the inmate,in the institution, at his request so he may explain hisbehaviour.

Revocation of parole results from many causes.Here are a few:

(a) leaving the area without permission, andwhereabouts unknown;

(b) laclcof co-operation with his supervisor;(c) misconduct;(d) excessive use of liquor;(e) refusal to work or leaving employment

without permission;(f) neglect to provide support for his dependents;(g) failure to report to the police.

Forfeiture

If a parolee is convicted of an indictable offencecommitted during his parole period, which carries asentence of two years or more, the parole is forfeitedautomatically - and deemed to have been forfeitedon the date the offence was committed.

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The Board, or a person designated by it, may issuea warrant for apprehension of the paroled inmatewhose parole has been forfeited. By the Warrant ofCommittal the paroled inmate is recommitted. Undersection 17 (1) of the Parole Act, the terni ofimprisonment must equal the aggregate of the portionof term that remained when the inmate was grantedparole and the new term to which lie is sentencedupon conviction for the indictable offence, less anytime in custody. In other words, it is contrary to theprovisions of the Act to impose a concurrent sentencefor the indictable offence, which resulted in theparole forfeiture.

Where a parolee is convicted of an indictableoffence, that is not punishable by a term of imprison-ment of two years or more, his parole is not forfeitedbut it may be revoked.

The Parolee in the Community

Assistance by the Police

A police officer can increase the number of parolesuccesses if his attitude towards, and treatment of,parolees is understanding and helpful. Our filesindicate that many police officers have personallyassisted various ex-criminals in getting jobs andbecoming re-established in society. A willingness tohelp them and give them another chance if theydeserve it, is one of the most significant ways inwhich police officers can assist in reducing the crimerate.

As a matter of co-operation with the police,parolees are required in most cases to report to thepolice. It is rather important that in doing so, they donot thereby have to advertise the fact that they areon parole. Identifying them in any way to the publicas inmates on parole can be quite harmful to theirrehabilitation and the Board appreciates the dis-cretion shown by the police in this matter.

After-Care Agencies

The report of the Ouimet Committee rightlypointed out that after-care services are an essentialpart of corrections. Indeed, the men and women inthese agencies, in accepting the viewpoint that theoffender is still a member of society who needs help,have been responsible for assisting thousands ofparolees to become useful citizens.

The role of the private agencies is particularly vitalduring those difficult days immediately after release;days in which an inmate attempts to adjust tocommunity life. It is here that the broad spectrum ofservices can be employed whether it be for financialassistance, shelter, counselling, or employment.

After-care agencies have also played a key role inpublic education, promoting a better understandingof between the offender and the public.

The Board appreciates the skill and understandingwith which these problems have been attacked and itbelieves after-care agencies must continue to be anintegral part in rehabilitation of the offender.

Community Support

The finest work of the judiciary and the police inthe area of parole will be for nothing if the individualis refused an opportunity to work or in any otherway is not given the chance to reintegrate himselfinto society. For the individual cannot learn theresponsibilities of citizenship without the opport-unity to practice those responsibilities.

It is with this in mind that the Board and its staffspeak to interested groups about parole to increaseacceptance of parole in the community.

We appreciate the co-operation of the judiciary,the police, and the parole supervisors across Canada.This, together with a greater understanding by thegeneral public, promises continued success of theparole system and an increased number of truly

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reformed offenders. By an effective co-ordination of our efforts, we can all render a vital and much needed public service, at substantial reduction in cost, and the amount of crime can be reduced to provide significant and lasting benefit to all of Canada.

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Short Title

Definitions

"Board"

"Day parole" Rep. & new. 1968-69, c.38, s. 94(1).

"Inmate" New.

1968-69, c•38, s. 94(1).

"Parole "

' , Paroled inmate"

"Parole supervisor" Rep. & new. 1968-69, c.38, s. 94(2).

"Regulations"

Board established Rep. & new. 1968-69, c.38 s.95 (1).

Chairman and Vice- Chairman

Appendix"A"

OFFICE CONSOLIDATION

An Act to provide for the Conditional Liberation of Persons Undergoing Sentences of Imprisonment.

SHORT TITLE.

1. This Act may be cited as the Parole Act.

INTERPRETATION.

2. In this Act, (a) "Board" means the National Parole Board establish-

ed by this Act; *(b) "day parole" means parole the terms and conditions

of which require the inmate to whom it is granted to return to prison from time to time during the dura-tion of such parole or to return to prison after a specified period;

*(ba) "inmate" means a person who is under a sentence of imprisonment imposed pursuant to an Act of the Parliament of Canada or imposed for criminal con-tempt of court, but does not include a child within the meaning of the Juvenile Delinquents Act who is under sentence of imprisonment for an offence known as a delinquency;

(c) "magistrate" means a justice or a magistrate as "ma g istrate" defined in the Criminal Code;

(d) "parole" means authority granted under this Act to an inmate to be at large during his term of imprison-ment;

(e) "paroled inmate" means a person to whom parole has been granted;

*(f) "parole supervisor" means a person charged with the guidance and supervision of a paroled inmate or of an inmate who is subject to mandatory super-vision; and

(g) "regulations" means regulations made by order of the Governor in Council.

BOARD E STABLI SIIED.

*3. (1) There shall be a board, to be known as the Nation-al Parole Board, consisting of not less than three and not more than nine members to be appointed by the Governor in Council to hold office during good behaviour for a period not exceeding ten years.

(2) The Governor in Council shall designate one of the members to be Chairman and one to be Vice-Chairman.

*NOTE: Proclaimed in force Aug. 26, 1969. (SOR/69-390, Can. Gaz. Pt. 11, Vol. 103, No. 15).

15

Temporary members

Quorum

Voting New.

1968-69, c.38, s.95 (2).

Rules of procedure

Head office

Seal

Remuneration

Staff Vide

1966-67, c.71, s.47(3)

Chief executive officer

Divisions of the Board New. 1968-69, c.38, s.96.

(3) The Governor in Council may appoint a temporary substitute member to act as a member in the event that a mem-ber is absent or unable to act.

(4) A majority of the members constitutes a quorum, and a vacancy on the Board does not impair the right of the remain-ing members to act.

*(4a) Each member of the Board has one vote in respect of each matter within the duties and functions of the Board and if the number of votes in respect of any such matter is equally divided, the Chairman has an additional vote.

(5) The Board may, with the approval of the Governor in Council, make rules for the conduct of its proceedings and the performance of its duties and functions under this Act.

(6) The head office of the Board shall be at Ottawa, but meetings of the Board may be held at such other places as the Board determines.

(7) The Board shall have an official seal.

4. (1) Each member of the Board shall be paid such remuneration for his services as is fixed by the Governor in Council, and is entitled to be paid reasonable travelling and living expenses incurred by him while absent from his ordiriary place of residence in the course of his duties.

(2) The officers, clerks and employees necessary for the proper conduct of the business of the Board shall be appointed in accordance with the provisions of the Public Service Employ-ment Act.

(3) The Chairman is the chief executive officer of the Board and has supervision over and direction of the work and the staff of the Board.

*4A. (1) The Chairman may from time to time establish divisions of the Board, each consisting of two or more members of the Board, and may direct any such division to carry out at such times and places as are specified by him, such of the duties and functions of the Board specified by him as are au-thorized by rules made by the Board under subsection (5) of section 3 to be carried out by a division of the Board; and in carrying out such duties and functions, a division of the Board may exercise all of the powers conferred on the Board by this Act.

Acts of division *(2) For the purposes of this Act, any act or thing done by of the Board a division of the Board in accordance with a direction by the New. Chairman made pursuant to subsection (1) shall be deemed to be s.96. an act or thing done by the Board. 1968-69, c.38, an

References

to Board by divisions New. 1968-69, c.38, s.96.

*(3) A division of the Board may, with the consent of the Chairman, and shall upon the direction of the Chairman, refer any matter that is before it to the full Board and thereupon the full Board shall deal with such matter in accordance with this Act.

*NOTE: Proclaimed in force Aug. 26, 1969. (SOR/69-390, Can. Gaz. Pt. II, Vol. 103, No. 15).

16

(b)

(c)

*(d)

of in-

7. The Governor in Council may make regulations pre-scribing

(a) the portion of the terms of imprisonment that inmates shall serve before parole may be granted, the times when the Board shall review cases mates serving sentences of imprisonment, the class of cases of inmates serving a sentence of imprisonment of less than two years that shall be reviewed by the Board upon application, the procedure to be followed by the Board on receipt of an application for revocation or suspension of an order made under the Criminal Code prohibiting any

Jurisdiction of Board

Additional jurisdiction New. 1968-69, c.38, s s. 97.

Coming into force New. 1968-69, c.38, s. 97.

Review of cases Rep. & new.

1968-69, c.38 0.98.

Decisions

Regulations

New. 1968-69, c.38,

s. 99.

POWERS AND DUTIES OF BOARD.

5. Subject to this Act and the Prisons and Reformatories Act, the Board has exclusive jurisdiction and absolute discre-tion to grant, refuse to grant or revoke parole.

*5A. (1) Where, in the case of a person sentenced to a term of imprisonment in respect of which the Board has ex-clusive jurisdiction to grant, refuse to grant or revoke parole, that person is at the time of such sentence or at any time during such term of imprisonment sentenced to a term of imprisonment imposed under an enactment of a provincial legislature that is to be served either concurrently with or immediately after the expiration of the term of imprisonment in respect of which the Board has exclusive jurisdiction, the Board has, subject to this Act, exclusive jurisdiction and absolute discretion to grant, refuse to grant or revoke parole in relation to both such terms of imprisonment.

*(2) This section shall come into force in respect of any province on a day to be fixed by proclamation made after the passing of an Act by the legislature of the province named in the proclamation authorizing the Board to exercise the addition-al jurisdiction described in subsection (1).

6. (1) The Board shall at the times prescribed by the regulations

*(a) review the case of every inmate who is sentenced to imprisonment in or transferred to a penitentiaty for two years or more, other than the case of any such inmate who advises the Board in writing that he does not wish to be granted parole by the Board, and who has not, in writing, revoked such advice; and

(b) review such cases of inmates serving a sentence of imprisonment of less than two years as are pre-scribed by the regulations, upon application by or on behalf of the inmate.

(2) Upon reviewing the case of an inmate as required by subsection (1) the Board shall decide whether or not to grant parole.

*NOTE: Proclaimed in force Aug. 26, 1969. (SOR/69-390, Can. Gaz. Pt.II, Vol. 103, No, 15).

17

New. 1968-69, c.38, s.99

Powers of Board

Rep. & new. 1968-69, c.38, s. 100(1).

Rep. & new. 1968-69, c.38, s. 100(2).

New. 1968-69, c.38, s. 100 (2).

Termination of day parole

New. 1968-69, c.38, s. 100 (3).

Pers onal interview

Rep. & new.

1968-69, c•38,

5.100 (1).

Parole and mandatory supervision certificates Rep. & new. 1968-69, c.38,

s. 101 (1).

person from operating a motor vehicle, and author-izing the Board to impose terms or conditions in respect of the revocation or suspension of any such order; and

*(e) such other matters as he deems necessary for carry-ing out the provisions of this Act.

8. (1) The Board may

*(a) grant parole to an inmate, subject to any terms or conditions it considers desirable, if the Board con-siders that

(i) in the case of a grant of parole other than day parole, the inmate has derived the maximum benefit from imprisonment, (ii) the reform and rehabilitation of the inmate will be aided by the grant of parole, and (iii) the release of the inmate on parole would not constitute an undue risk to society;

*(b) impose any terms and conditions that it considers desirable in respect of an inmate who is subject to mandatory supervision;

(c) provide for the guidance and supervision of paroled inmates for such period as the Board considers desirable;

*(d) grant discharge from parole to any paroled inmate, except an inmate on day parole or a paroled inmate who was sentenced to death or to imprisonment for life as a minimum punishment; and

*(e) in its discretion, revoke the parole of any paroled inmate other than a paroled inmate to whom discharge from parole has been granted, or revoke the parole of any person who is in custody pursuant to a warrant issued under section 12 notwithstanding that his sentence has expired.

*(2) The Board, or any person designated by the Board, may, in its or his discretion, terminate the day parole of any paroled inmate.

9. The Board, in considering whether parole should be granted or revoked, is not required to grant a personal interview to the inmate or to any person on his behalf.

*10. Where

(a) the Board grants parole to an inmate, or (b) an inmate is released from imprisonment subject to

mandatory supervision, the Board shall issue a parole certificate or mandatory super-vision certificate under the seal of the Board and in a form pre-scribed by it, and shall cause the certificate to be delivered to the inmate and a copy thereof to be delivered to the inmate's parole supervisor, if any.

*NOTE: Proclaimed in force Aug. 26, 1969. (SOR/69-390, Can. Gaz. Pt. II, Vol. 103, No. 15).

18

*11. (1) The term of imprisonment of a paroled inmate shall, while the parole remains unrevoked and unforfeited, be deemed to continue in force until the expiration thereof accord-ing to law, and, in the case of day parole, the paroled inmate shall be deemed to be continuing to serve his term of imprison-ment in the place of confinement from which he was released on such parole.

(2) Until a parole is revoked, forfeited or suspended, or except in accordance with the terms and conditions of a day parole, the inmate is not liable to be imprisoned by reason of his sentence, and he shall be allowed to go and remain at large according to the terms and conditions of the parole and subject to the provisions of this Act.

11A. (1) Where, either before or after the coming into force of this section,

(a) a person is sentenced to two or more terms of im-prisonment, or

(b) an inmate who is in confinement is sentenced to an additional term or terms of imprisonment,

the terms of imprisonment to which he has been sentenced, in-cluding in a case described in paragraph (b) any term or terms that resulted in his being in confinement, shall, for all purposes of this Act, the Penitentiary Act and the Prisons and Reforma-tories Act, be deemed to constitute one sentence consisting of a term of imprisonment commencing on the earliest day on which any of those sentences of imprisonment commences and ending on the expiration of the last to expire of such terms of imprisonment.

(2) This section does not affect the time at which any sentences that are deemed by subsection (1) to constitute one sentence commence pursuant to subsection (1) of section 624 of the Criminal Code.

*118. (1) Where an inmate to whom parole was not granted is released from imprisonment, prior to the expiration of his sentence according to law, as a result of remission, including earned remission, and the term of such remission exceeds sixty days, he shall, notwithstanding any other Act, be subject to mandatory supervision commencing upon his release and con-tinuing for the duration of such remission.

*(2) Paragraph (e) of section 8, section ‘9, section 11 and sections 12 to 17 apply to an inmate who is subject to man-datory supervision as though he were a paroled inmate on parole and as though the terms and conditions of his mandatory super-vision were terms and conditions of his parole.

Effect of parole Rep. & new. 1968-69, e.38, s.101.(1).

Idem Rep. ei new. 1968-69, c.38, s. 101 (1).

Consecutive and concurrent sentences Rep. & new, 1969-70, c•31, s, 1,

Interpre-tation New, 1969-70,

c.31, s. 1.

Mandatory supervision New. 1968-69, c.38 ■

s.101(1).

Effect of mandatory supervision New. 1968-69, c.38, s.101 (1).

Re13. & new. 1968-69, c.38, s.101(1) Suspension of parole Rep. & new.

*NOTE: Applicable only in respect of persons who are sentenced to 1968 -69, c.38,

imprisonment in or transferred to a class or classes of peni- s•101(1). tentiaries or other places of imprisonment described in a proclamation on and after a day or days fixed by the proclama-tion. (1968-69, c.38, s. t 101(2) ).

t To be proclaimed.

**NOTE: Proclaimed in force Aug. 26, 1969. (SOR/69 -390, Can. Gaz. Pt. II, Vol. 103, No, 15),

SUSPENSION AND REVOCATION OF PAROLE. Rep. & new. 1968-69, e.38, s. 101 (1),

**12. (1) A member of the Board or any person designated by the Board may, by a warrant in writing signed by him, suspend

19

Apprehension

of paroled

inmate

Rep. 64 new. 1968-69, c.38,

s. 101 (1).

Review of suspension Rep. 64 new.

1968-69, c•38, s. 101 (1).

Effect of suspension

New.

1968-69, c.38, s• 101 (1).

Forfeiture

Rep. 6c new.

1968-69, c.38, s. 101 (1).

Idem Rep. 6,, new• 1968-69, c.38, s. 101 (1).

Stay of forfeiture

New. 1968-69, c.38, s. 101(1).

any parole, other than a parole that has been discharged, and authorize the apprehension of a paroled inmate whenever he is satisfied that the arrest of the inmate is necessary or desirable in order to prevent a breach of any term or condition of the parole or for the rehabilitation of the inmate or the protection of society.

**(2) A paroled inmate apprehended under a warrant issued under this section shall be brought as soon as conveniently may be before a magistrate, and the magistrate shall remand the inmate in custody until the suspension of his parole is can-celled or his parole is revoked or forfeited.

3) The person by whom a warrant is signed pursuant to subsection (1) or any other person designated by the Board for the purpose shall forthwith after a remand by a magistrate of the paroled inmate named therein review the case and, within fourteen days from the time of such remand, either cancel the suspension of his parole or refer the case to the Board.

*(4) The Board shall, upon the referral to it of the case of a paroled inmate whose parole has been suspended, review the case and cause to be conducted all such inquiries in connection therewith as it considers necessary, and forthwith upon com-pletion of such inquiries and its review it shall either cancel the suspension or revoke the parole.

*(5) An inmate who is in custody by virtue of this section shall be deemed to be serving his sentence.

FORFEITURE OF PAROLE.

*13. (1) Where a person who is, or at any time was, a paroled inmate is convicted of an indictable offence, punishable by imprisonment for a term or two years or more, committed after the grant of parole to him and before his discharge therefrom or the expiry of his sentence, his parole is thereby forfeited and such forfeiture shall be deemed to have taken place on the day on which the offence was committed.

*(2) Where an appeal is taken against a conviction that resulted in forfeiture of parole pursuant to subsection (1), the forfeiture is stayed pending the final disposition of the appeal.

APPREHENSION UPON REVOCATION OR

FORFEITURE OF PAROLE.

Apprehension

Rep. & new.

1968-69, c•38, s. 101 (1).

*14. (1) If any parole is revoked or forfeited, the Board or any person designated by the B:card may, by a warrant in writing, authorize the apprehension of the paroled inmate.

*NOTE: Applicable only in respect of persons who are sentenced to imprisonment in or transferred to a class or classes of peni-tentiaries or other places of imprisonment described in a proclamation on and after a day or days fixed by the proclama-tion. (1968-69, o.38, s. t 101(2) ).

t To be proclaimed.

**NOTE: Proclaimed in force Aug. 26, 1969. (80R/69-390, Can. Gaz. Pt. II, Vol. 103, No. 15).

20

(2) A paroled inmate apprehended under a warrant issuedunder this section, shall be brought as soon as convenientlymay be before a magistrate, and the magistrate shall thereuponmake out his warrant under his hand and seal for the recommit-ment of the inmate as provided in this Act.

EXECUTION OF WARRANT.

15. A warrant issued under section 12 or 14 shall be exe-cuted by any peace officer to whom it is given in any part ofCanada, andhas the same force and effect in all parts of Canadaas if it had been originally issued or subsequently endorsedby a magistrate or other lawful authority having jurisdiction inthe place where it is executed.

RECOMMITMENT OF INMATE.

*16. (1) Where the parole granted to an inmate has beenrevoked, he shall be recommitted to the place of confinementfrom which he was allowed to go and remain at large at the timeparole was granted to him, to serve the portion of his term ofimprisonment that remained unexpired at the time parole wasgranted to him, including any period of remission, includingearned remission, then standing to his credit, less any timespent in custody as a result of a suspension of his parole.

*(2) Where a paroled inmate, upon revocation of his parole,is apprehended at a place not within the territorial division inwhich the place of confinement from which he was allowed to goand remain at large at the time parole was granted to him issituated, he shall be committed to the corresponding place ofconfinement for the territorial division within which he wasapprehended, to serve the portion of his term of imprisonmentthat remained unexpired at the time parole was granted to him,including any period of remission, including earned remission,then standing to his credit, less any time spent in custody asa result of a suspension of his parole.

**17. (1) When any parole is forfeited by conviction for anindictable offence, the paroled inmate shall undergo a term ofimprisonment, commencing when the sentence for the indictableoffence is imposed, equal to the aggregate of

(a) the portion of the term to which he was sentencedthat remained unexpired at the time his parole wasgranted, including any period of remission, includingearned remission, then standing to his credit.

(b) the term, if any, to which he is sentenced upon convic-tion for the indictable offence, and

(c) any time he spent at large after the sentence for theindictable offence is imposed except pursuant toparole granted to him after such sentence is imposed,

minus the aggregate of

*NOTE: Proclaimed in force Aug. 26, 1969.

(SOR/69-390, Can. Gaz. Pt. II, Vol. 103, No. 15).

**NOTE: Deemed to have come into force on August 26, 1969.(1969-70, c.31, s. 2(2)).

Recom-mitment

Warrantsfor appre-hension

Place ofrecommittalRep. & new.

1968-69, c.38,s. 102.

IdemRep. & new.

1968-69, c.38,s. 102.

Effect offorfeitureRep. & new,1969-70, c.31.

s. 2(1).

21

Term to beservedRep. & new.1968-69, c.38,s.103(2).

(d) any time before conviction for the indictable offencewhen the parole so forfeited was suspended or revokedand he was in custody by virtue of such suspensionor revocation, and

(e) any time he spent in custody after conviction for theindictable offence and before the sentence for theindictable offence is imposed.

*(2) The term of imprisonment prescribed by subsection(1) shall be served as follows:

(a) in a penitentiary, if the place of confinement fromwhich he was allowed to go and remain at large atthe time parole was granted to him was a peni-tentiary;

(b) in a penitentiary, if the total term of imprisonmentprescribed by subsection (1) is for a period of twoyears or more; and

(c) if the place of confinement from which he was allow-ed to go and remain at large at the time parole wasgranted to him was not a penitentiary and the termof imprisonment prescribed by subsection (1) is lessthan two years, in that place of confinement or,where the place of his conviction is not within theterritorial division in which that place of confine-ment is situated, in the corresponding place of con-finement for the territorial division within which hewas so convicted.

*(3) Repealed. 1968-69, c.38, s. 103(3).

Revocation

or suspension

of certain

punishments.

ClemencyAmended.

1966-67, c.25,s.37.

ADDITIONAL JURISDICTION.

18, (1) The Board may, upon application therefor andsubject to regulations, revoke or suspend any sentence of whip-ping or any order made under the Criminal Code prohibiting anyperson from operating a motor vehicle.

(2) The Board shall, when so directed by the SolicitorGeneral of Canada, make any investigation or inquiry desiredby the Solicitor General in connection with any request madeto the Solicitor General for the exercise of the royal prerogativeof mercy.

MISCELLANEOUS.

Order,etc., 19. An order, warrant or decision made or issued underfinal this Act is not subject to appeal or review to or by any court

or other authority.

Evidence

Rep. & new.

1968-69, c.38,

s. 104

4`20. Any order, decision, certificate or warrant purportingto be sealed with the seal of the Board or to be signed by aperson purporting to be a member of the Board or to have beendesignated by the Board to suspend parole or to authorize theapprehension of an inmate whose parole has been revoked orforfeited is admissible in evidence in any proceedings in any

*NOTE: Proclaimed in force Aug. 26, 1969.

(SOR/69 - 390, Can. Gaz. Pt. II, Vol. 103, No. 15).

22

court and is evidence of the statements contained therein with-out proof of the seal of the Board or of the signature or the official character of the person appearing to have signed the same.

21. All expenditures under or for the purposes of this Act Expend-

shall be paid out of money appropriated by Parliament therefor. itures

22. The members and staff of the Board shall be deemed Super

to be employed in the Public Service for the purpose of the annuation

Public Service Superannuation Act.

23. Notwithstanding subsection (2) of section 4, the Goy- Transfer of

emor in Council may by order transfer persons who prior to the s ta ff commencement of this Act were members of the staff of the Department of Justice to the staff of the Board.

24. (1) The Ticket of Leave Act is repealed.

(2) Every person who at the coming into force of this Act is the holder of a licence issued under the Ticket of Leave Act to be at large shall be deemed to have been granted parole under this Act under the same terms and conditions as those under which the licence was issued or such turther or other conditions as the Board may prescribe.

(3) Every person who was issued a licence to be at large under the Ticket of Leave Act, whose licence was revoked or forfeited and who at the coming into force of this Act is unlaw-fully at large may be dealt with under this Act as though he were a paroled inmate whose parole had been revoked or for-feited.

Licence under former Act deemed parole

Revoked or forfeited licence

(4) A reference in any Act, regulation or document to a Reference

conditional liberation or ticket of leave under the Ticket of Leave Act shall be deemed to be a reference to parole granted under this Act.

(5) The powers, functions and duties of the Solicitor General of Canada under section 666 of the Criminal Code are hereby transferred to the Board, and a reference in that section to permission to be at large on licence shall be deemed to be a reference to parole granted under this Act.

*25. This Act shall come into force on a day to be fixed by proclamation of the Governor in Council.

*NOTE: Proclaimed in force Feb. 15, 1959. (SOR/59-65, Can. Gaz., Pt. II, Vol. 93, No. 5).

Habitual criminals Amended. 1966-67, c.25, s. 37.

Coming into force

NOTE

All persons making use of this consolidation are reminded that it has no parliamentary sanction; that the amendments have been embodied only for convenience of reference, and that the original Act and amendments thereto should be consulted foi all purposes of interpreting and applying the law.

23

Appendix"B"

Rev. 84 new,

P.C. 1964- 1827, Dec.3, 1964.

Rev. 8c new, P.C. 1969- 1233, June 17,1969.

Rev. a new, P.C. 1964- 1827, Dec. 3, 1964.

Rev. 84 new,

P.C. 1968-48 jan.4, 1968.

Rev. 84 new, P.C. 1969-

1233, June 17,1969.

Regulations Made Under The Parole Act

1. These Regulations may be cited as the Parole Regula- tions.

2. (1) The portion of the term of imprisonment that an inmate shall ordinarily serve, in the cases mentioned in this subsection, before parole may be granted, is as follows:

(a) where the sentence of imprisonment is not a sentence of imprisonment for life or a sentence of preventive detention, one-third of the term of imprisonment imposed or four years, whichever is the lesser, but in the case of a sentence of imprisonment of two years or more to a federal penal institution, at least nine months;

(b) where the sentence of imprisonment is for life but is not

(i) a sentence of preventive detention, (ii) a sentence of life imprisonment to which a sentence of death has been commuted either before or after the coming into force of this paragraph, or (iii) a sentence of imprisonment for life, which has been imposed as a minimum punishment after the coming into force of this paragraph,

seven years minus the time spent in custody from the day on which the inmate was arrested and taken into custody in respect of the offense for which he was sentenced to imprisonment for life to the day the sentence was imposed.

(2) Notwithstanding subsection (1), where in the opinion of the Board special circumstances exist, the Board may grant parole to an inmate before he has served the portion of his sentence of imprisonment required under subsection (1) to have been served before a parole may be granted.

(3) A person who is serving a sentence of imprisonment to which a sentence of death has been commuted either before or after the coming into force of this subsection, or a person upon whom a sentence of imprisonment for life has been im-posed as a minimum punishment after the coming into force of this subsection, shall serve the entire term of the sentence of imprisonment unless, upon the recommendation of the Board, the Governor in Council otherwise directs.

(4) The Board shall not recommend a parole, in a case coming within subsection (3), until at least ten years of the term of imprisonment minus,

(a) in the case of a sentence of imprisonment for life, the time spent in custody from the day on which the inmate was arrested and taken into custody in respect of the offense for which he was sentenced to imprisonment for life to the day the sentence was imposed, or

24

(b) in the case of a sentence of death which has beencommuted, the time spent in custody from the dayon which the inmate was arrested and taken intocustody in respect of the offense for which he wassentenced to death to the day the sentence wascommuted,

as the case may be, have been served.

3. (1) In the case of every inmate serving a sentenceof imprisonment of two years or more, the Board shall

(a) consider the case of the inmate as soon as possibleafter the inmate has been admitted to a prison, andin any event within six months thereof, and fix adate for his parole review;

(b) review the case of the inmate in order to decidewhether or not to grant or recommend parole and,if parole is to be granted, the date upon which theparole is to commence, on or before

(i) the date fixed for the parole review pursuantto paragraph (a), or(ii) the last day of the relevant portion of theterm of imprisonment referred to in subsection (1)of section 2,

whichever is the earlier; and(c) where the Board, upon reviewing the case of an in-

mate pursuant to paragraph (b) does not at that timegrant or recommend parole to the inmate, continue toreview the case of the inmate at least once duringevery two years following the date the case waspreviously reviewed until parole is granted or thesentence of the inmate is satisfied.

(2) Where an application for parole is made by or onbehalf of an inmate who is serving a sentence of imprisonmentof less than two years, the case shall be reviewed upon com-pletion of all inquiries that the Board considers necessary but,in any event, not later than four months after the application isreceived by the Board.

(3) Nothing in this section shall be construed as limitingthe authority of the Board to review the name of an inmate atany time during his term of imprisonment.

4. (1) Where the Board receives an application to sus-pend or revoke a sentence of whipping, the Board shall

(a) determine forthwith if the sentence should besuspended pending further investigation and, if itwas so determined, issue an order accordingly;

(b) conduct such investigation as appears to be warrant-ed in the circumstances; and

(c) as soon as possible after completing the investiga-tion, if any, referred to in paragraph (b)

(i) revoke the sentence,(ii) refuse to revoke the sentence,(iii) suspend the sentence for any period theBoard may deem applicable,(iv) refuse to suspend the sentence, or(v) cancel the order of suspension, if any, madepursuant to paragraph (a).

Rev. & new,

P.C. 1964-1827,Dec.3, 1964

Rev. & new,

P.C. 1964-

1827,Dec. 3, 1964.

25

(2) An order of suspension made pursuant to subsection (1) expires ten days before the expiration of any term of impri-sonment to which the convicted person, to whom the sentence of whipping relates, has been sentenced unless, before that day, the Board revokes the sentence of whipping.

5. Where the Board receives an application to suspend or revoke an order made under the Criminal Code prohibiting a per-son from operating a motor vehicle, the Board shall

(a) conduct as quickly as possible such investigation as appears to be warranted in the circumstances; and

(b) determine as soon as possible if the order should be suspended or revoked and, if it so decides, issue an order accordingly.

6. Where the Board suspends or revokes an order made under the Criminal Code prohibiting a person from operating a motor vehicle, the suspension or revocation may be made upon such terms and conditions as the Board considers neces-sary or desirable.

26

PAROLECERTIFICATE CERTIFICAT DE LIBERATION

CONDITIONNELLE

NATIONAL PAROLE BOARD COMMISSION NATIONALE DES

LIBÉRATIONS CONDITIONNELLES

CONDITIONS OF PAROLE CONDITIONS DE LA LIBEfiATION CONDITIONNELLE

Date Signature -Peroleenrbéré ISsued on — Délivre, le

4'eeee'f/-*

bcretary — Secrétaire

Paroled Inmate — Libéré Received on — Date reçu

Witness — Témoin Date

PB 1 (9-70/

Appendix"C"

PS:

FPS:

The parolee shall abide by the conditions of his parole and ail instructions winch may be Oiven by his superviser from tune to tinte: Le libéré conditionnel doit se conformer aux conditions de an libération et à toutes les directives que peut lui donner à l'occasion son surveillant: and shall °bide by this sPecial condition: ' et il doit se conformer à cette condition spéciale;

Parole Act — Lol sur la Ifibetioon3rnditionnelle do détenus

TL ierr iheirc:CeiCah ratteste qu'à

oof à was a été r=ed,';dé une libération

parole on . conditionnelle le .

provided parole is not suspended, revoked, forfeited or terminated, à condition que cette libéra tion c onditionnel le ne soit pas suspendue. • it II expire CO

,2 révoquée, frappée de déchéance ou terminée, elle prendra fin le

INSTRUCTIONS

You must proceed directly to Vous devez vous rendre directement à

and report to your Parole Supervisor et vous rapporter à votre surveillant

At A Pursuant to the conditions of your parole you must obey these instructions. Failure to do so may result in suspension and revocation of parole.

En conformité avec les conditions de votre libération, ces instructions doivent être suivies. Tout manquement peut amener la

suspension et la révocation du certificat.

Representative — Représentant Parole Supervisor — Surveillant

ACKNOWLEDGEMENT — RECONNAISSANCE

I understand that the parole certificate is the property of the National Parole Board and must be del ivered on demand of the National Parole Board or of my supervisor. I also understand that I am still serving my term of imprisonment and that parole has been granted to allow me to resume my activities as a citizen at large in the community under supervision.

I fully understand and accept all the conditions (including the conditions printed overleaf), regulations and restrictions

governing my release on parole. I will abide by and conform to them strictly. I also understand that if I violate them I may be recommi tted.

Je comprends que le certificat de libération conditionnelle appartient à la Commission nationale des libérations

conditionnelles et doit être retourné sur demande de la Commission nationale des libérations conditionnelles ou de mon surveillant. Je comprends aussi que je continue de purger ma sentence mais que je suis libéré conditionnellement et sous

surveillance afin de nie permettre de poursuivre dans la société mes activités de citoyen.

Je comprends parfaitement et j'accepte toutes les conditions (y compris les conditions imprimées au verso), les règles et les

restrictions auxquelles est assujettie ma libération conditionnelle. Je m'y conformerai complètement. Je comprends également que si je ne les respecte pas, je puis être réincarcéré.

27

To any Peace Officer in Canada

This is to certify

That I Am a person designated by the National Parole Board under

on the day of 19

Appendix"D"

PS

NATIONAL PAROLE BOARD F.P.S.

OTTAWA, CANADA

WARRANT UNDER SECTION 12 AND 14 OF THE PAROLE ACT

sections 12 and 14 of the Parole Act to suspend any parole and to authorize the apprehension of a paroled inmate whose parole is

suspended, revoked or forfeited.

THAT was serving a term of imprisonment of

commencing on the day of 19 and was confined in the

from which he was on tlie day of 19 allowed logo and remain

at large as a paroled inmate pursuant to the provisions of the Parole Act,

THAT the portion of the term of imprisonment that remained unexpired at the time the parole was granted, including any period of

remission including earned remission, was the period from the day of 19 to the

day of 19

THAT the sentence of the said paroled inmate is deemed to continue in force while the parole remains neither revoked nor forfeited until

it expires on the day of 19 according to law.

THAT the said grant of parole

(a) was revoked by an order dated day of 19 by the National Parole Board;

Use (b) for forfeiture (b) was forfeited pursuant to Section 13 of the Parole Act by virtue of the said paroled inmate's conviction for an

indictable offence punishable by imprisonment for a term of two years or more at Strike out (a) or (b)

OR

THAT pursuant to the authority vested in me as aforesaid,1 hereby suspended the parole of the said paroled inmate.

(strike out if not applicable)

NOW THEREFORE, these are to command you to arrest the said and to

bring him before a Magistrate lit order that he be dealt with in accordance with law.

Dated at this day of 19

A person designated by the National Parole Board pursuant to Section 12 and 14 of the Parole Act.

PEI6 (11 ,10)

28

Appendix" E"

Province of

TerritorialDivision

CANADA

WARRANT OF COMMITTAL

(under Sections 12, 16 or 17 of the Parole Act)

To any Peace Officer in Canada

WHEREAS was serving a term of imprisonment of

commencing on the day of

AND W1IEREAS on the day of 19

19

was paroled under the Parole Act and was discharged front custody as a paroled inmate on the day of

.q from the

AND \V1iEREAS tlte term of imprisonment of the said paroled inmate is deemed to continue in force while the parole remained

unrevoked and untorfeited until it expires on the day of 19 according to law;

AND WIIEREAS the said grant of parole;

Strike outparagraphsnotapplicable

on the day of

(a) was suspended on the day of 19 by a person designated by the

National Parole Board, pursuant to section 12 of the Parole Act to suspend any parole:

(b) was revoked by an order dated the day of 19 by the National

Parole Board;

Irl was forfeited pursuant to section 13 of the Parole Act by virtue of the said paroled inmate's conviction for an

indictable offence punishable by imprisonment for a term of two years or more at

19

AND WHEREAS the said has been apprehended in this territorial

division under a warrant given by a person designated by the National Parole Board under sections 12 and 14 of the Parole Act, on the

day of 19 and brought before the undersigned;

THESE AR$ TO COMMAND YOU, the said Peace Officers, in Her Majesty's name, to take the said

and him safely to convey to and there to

deliver film to tire keeper thereof together with this precept, and I do hereby command you the said keeper of the said prison to

receive the said

Striku outparagrnplts.etapplicable

into custody in the said prison and

(a) to keep Itim tltere safely until lie is further dealt with according to Law;

(b) there to undergo a term of imprisonment pursuant to section 16 of the Parole Act;

(c) there to undergo a term of imprisonment pursuant to section 17 (1) of the Parole Act

Given under my Itand and seal this day of

in the territorial division aforesaid

19

at

.......................................

A Megistrate or Provineial7udQe in andfor this territorial division

PU7 (4-70)

29

CANADA

Appendix"F"

P.S. F .P.S. NATIONAL PAROLE BOARD — COMMISSION NATIONALE DES LIBÉRATIONS CONDITIONNELLES

OTTAWA, CANADA

ORDER OF CANCELLATION OF SUSPENSION OF PAROLE ORDONNANCE D'ANNULATION DE SUSPENSION DE LIBÉRATION CONDITIONNELLE

(section 12, Porole Act) — (article 12, Loi sur la libération conditionnelle de détenus)

'ro V/hom it tnny concern — A qui de droit

Re: —

WHEREAS on the da y of ATTENDU QUE le jour do

as a paroled inrnate on the

détenus et a été élargi à titre de libéré conditionnel le

from the

do

nineteen hundred and mil neuf cent

was paroled under the Parole Act and wus discharged from custody a été libéré en vertu de la Lot sur la libération conditionnelle de

dey of nineteen hundred and Jour de mil neuf cent

AND WHEREAS the said parole mas sunpended under section 12 of the Parole Act on the ET ATTENDU QUE ladite libération conditionnelle a été :met:rendue en vertu de l'article 12 de la Loi nur la libération conditionnelle de

day of détenus le jour de

thereof was remanded into your custody on the conditions n été renvoyé eous garde le

nineteen hundred and

mil neuf cent

day of Jour de

and the paroled Inmate ln consequence et que, par nuite, le détenu libéré soue

nineteen hundred and mil neuf cent

NOW THEREFORE, these are to notify you that the suspension of the said parole la hereby cancelled and you are thereby authorlzed to À CES CAUSES, la préeentea pour oblat de voue aviner que la nuspenelon de ladite libération conditionnelle est annulée et de voue autoriser

relenee the said forwith in order that he may continue serving his term of Imprieonment à relâcher ledit sans délai, afin qu'Il puisse continuer à purger sa période d'emprisonnement on parole.

en liberté conditionnelle.

Divan under the seal of the National Parole Board at Ottawa, this day of

Donné nous le sceau de la Commiseion nationale des libération& conditionnellee à Ottawa, ce lourde

nineteen hundred and

mil neuf cent

Secretary — Le secrétaire,

INMATE'S UNDERTAKING — ENGAGEMENT DU DÉTENU In consideration of the cancellation of the suspension of my parole, 1 understand that the parole granted to me on the Par suite de l'annulation de la auspenelon de ma libération conditionnelle, le comprends quo la libération conditionnelle qui m'a été accordée

day of nineteen hundred and is continued under the same termes and conditions le Jour de mil neuf cent eat maintenue aux ruâmes conditions, sauf la modi-

with the following modification: flonflon euivanta:

and I main solemnly agree to abide by the said terme and conditions. et je m'engage solennellement e me conformer auxditee conditions.

(Wltnese) — (Témoin) (Title) — (Titre)

Date of leaving:

Date de sortie:

(Inmate) — (Détenu) (Number) — (Numéro)

INSTRUCTIONS: Complete in 5 copies, the original for the inrnate, to be attached to his certificate.

Compléter en 5 exemplaires, l'original VO ou détenu pour être annexé au certificat.

Copies for: Regional Representative-Représentant régional

Copies pour: National Parole Doord-Commiesion nationale dos libération° conditionnelle,:

Supervisor — Surveillant

Custodian — Directeur d'inetilution

30

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FIV An outline of Canada's9308 parole system for

c?32ândgthé magistrates

police.