REDUCING REOFFENDING – IDENTIFYING RISKSAND DEVELOPING SOLUTIONS
Jennifer Oades *I. CORRECTIONS AND CONDITIONAL RELEASE IN CANADAAs a background, the population of Canada is approximately 38 million people with a
median age of 41.1 years. Canada is a bilingual country with English and French as its
official languages. It is a multicultural society with about 5 per cent of the population being
Indigenous.
The Parole Board of Canada (herein referred to as the PBC) is an independentadministrative tribunal that, as part of the Canadian criminal justice system, is responsiblefor making decisions with respect to conditional release and record suspension (pardons),
as well as recommendations for clemency. The PBC contributes to the protection of society
by facilitating, as appropriate, the timely reintegration of offenders and the sustained
rehabilitation of individuals into society as law-abiding citizens. Public safety is theprimary consideration in all PBC decisions.
The PBC works in partnership with the Correctional Service of Canada (herein referred
to as the CSC) and both organizations are guided by the same federal legislation, theCorrections and Conditional Release Act (CCRA). In Canada, the CSC is responsible formanaging and overseeing federal prisons, community based residential facilities, as well as
providing for the supervision of offenders in the community by parole officers. In contrast,
the PBC is responsible for making conditional release decisions for offenders serving
sentences of two years or more, or offenders serving custodial sentences of six months to
two years less a day in provinces and territories in Canada that do not have their own paroleboard. The PBC is comprised of approximately 90 Board members (full-time and parttime) which include the Chairperson, and the Executive Vice-Chairperson. Board members
are appointed by the Government of Canada for 3- or 5-year terms and these terms can berenewed. Board members at the PBC represent the diversity of the community and comefrom a wide range of professional backgrounds (criminologists, lawyers, police,psychologists, social workers, businesspersons, academics, etc.). By law, Board members
are independent in their decision-making responsibilities and make their decisions freefrom outside influence or interference. In the discharge of their official duties and at allother times, Board members are expected to conduct themselves in a manner that promotes
respect for the law and public confidence in the fairness, impartiality and professionalismof the Parole Board of Canada.

Chairperson, Parole Board of Canada. The following report is supplemental to the presentation by theChairperson of the Parole Board of Canada, Jennifer Oades, at Workshop 2 “Reducing Reoffending—Identifying Risks and Developing Solutions” on 8 March 2021. Additional information about the ParoleBoard of Canada can be obtained at <https://www.canada.ca/en/parole-board.html>.

*- 121 - 121 -The legislation (CCRA) under which the PBC operates sets out the purpose of
conditional release, which is to contribute to the maintenance of a just, peaceful and safe
society by means of decisions on the timing and conditions of release that will best facilitate
the rehabilitation of offenders and their reintegration into the community as law-abiding
citizens. The paramount consideration for correctional processes by the CSC and decisions
by the PBC is the protection of society. The legislation is highly prescriptive and setsvarious aspects in managing an offender under sentence as well as the requirements andauthorities for conditional release including but not limited to: decision-making criteria,
types of release, eligibility for release, as well as the time frames for conducting conditional
release reviews.
Research and Canadian experience demonstrate that the gradual and controlled releaseof offenders facilitates their safe reintegration back into the community. It is for this reason
that Canada relies heavily on a system of gradual release where offenders are provided
varying levels of supports and structure depending on their risk factors and needs. InCanada, the system of corrections and conditional release is a continuum of services
between prison and the community. Given the vast majority of offenders are serving fixedprison sentences and eventually return to their communities, the community is where one
can see the true measure of a successful corrections and conditional release system.
In Canada, there are various types of conditional releases that include temporary
absences, day parole, full parole and statutory release. Both escorted and unescorted
temporary absences from prison can also be granted/approved for a period of a few hours
to a number of days for such purposes as attending medical appointments, court
appearances, community service programmes, facilitating family contact and/or attending
programmes in the community such as addictions counselling. Day parole can be grantedby the PBC for a period of up to 6 months (which can be extended) and is designed toprovide more structure for an offender such as requiring them to reside at a communitybased residential facility. Full parole is a more expanded release which enables the offender
to reside at their own residence. Both day and full parole releases require the offender toadhere to a set of standard conditions such as reporting to a parole officer, remaining within
the geographic supervision district, etc. Offenders can also be required to adhere to special
conditions that are imposed by the PBC to address risk factors and facilitate an offender’ssafe reintegration back into the community. Special conditions can include requiring anoffender to abstain from alcohol, attend specific programmes, and/or avoid certain persons,etc. Throughout an offender’s release in the community, they are supervised by a CSCparole officer. Conditional releases can be suspended, terminated or revoked. With the
exception of offenders serving a life or indeterminate sentence, or those detained to theirwarrant expiry date, an offender is automatically released on statutory release after serving
two-thirds of their sentence and this is not a Board decision. However, similar to parole,
an offender who is released on statutory release must abide by standard and any special
conditions imposed by the PBC. Offenders on statutory release are supervised by a CSC
parole officer until the sentence expires. While statutory release is not granted by the PBC,
it can be suspended and revoked by the PBC.

- 122 - 122 -II. TIME FRAMES FOR CONDITIONAL RELEASE IN CANADA – EXAMPLE
USING A SIX-YEAR SENTENCE• Admission: Eligibility for Escorted Temporary Absence• 1 Year: Eligibility for Unescorted Temporary Absence• 1 ½ Years: Eligibility for Day Parole• 2 Years: Eligibility for Full Parole – 1/3 of sentence• 4 Years: Statutory release – 2/3 of sentence (not a Board decision)• 6 Years: Warrant Expiry Date (end of sentence)
Last year, the total federal offender population in Canada was approximately 23,400 ofwhich 13,200 were incarcerated and about 10,200 were in the community under some formof supervision. There were about 1,400 federal women offenders of which approximately
600 were incarcerated and 800 in the community. Women represent approximately 6 percent of the federal offender population (41% are indigenous). Indigenous people represent
25.5 per cent of the total federal offender population (incarcerated and on conditional
release). Over the last five years, the population of federal offenders under some form ofcommunity supervision has increased by 11 per cent.
In 2019-2020, the PBC made 21,982 conditional release decisions and 10,415
pardon/record suspension decisions. Over the last 10 years, the successful completion rates
have been increasing for all types of conditional release, while revocations for breaches ofconditions, non‐violent and violent reoffending have been decreasing.
In 2018-2019, 99 per cent of federal offenders completed their day parole successfully
without reoffending. Similarly, the success rate for full parole was 97.4 per cent. Thesuccess rate for Statutory Release is somewhat lower at 65.7 per cent given that this is a
nondiscretionary (automatic) release that is not granted by the PBC.

- 123 - 123 -III.

100.0%SUCCESSFUL COMPLETION RATES FOR FEDERAL OFFENDERS
98.1
90.7

90.0%
80.0%

65.7%

70.0%
60.0%
50.0%
40.0%
30.0%
20.0%
10.0%
0.0%

2018-2019
Day Parole

Full Parole

Statutory Release

The high rates of success of conditional release within Canada can be attributed to anumber of factors that include but are not limited to: a gradual and structured releaseframework, quality case information, an evidence-based risk assessment framework, highly
qualified Board members, specialized Board member training and evidence-based
supervision strategies.
Canada’s systems of structured releases ensure offenders have varying levels of support,
and supervision during their transition from prison into the community. Board members
undergo extensive training and mentoring that can take 6 to 8 months to complete. Board
member training is based upon a rigorous, evidence-based risk assessment framework. Inaddition, PBC decisions are based on extensive and high-quality case information that
include police reports, criminal records, court reports, judges’ comments, court transcripts,
victim impact statements, institutional programme, psychological and/or psychiatric risk
assessment reports, institutional security information, as well as community-based
information from family, potential employers and halfway houses. Board members arerequired to review all relevant and available information when making a conditional releasedecision. The PBC also holds hearings with offenders to gather additional information fromthe offender, the offender’s assistant, and the parole officer about the offender’s criminal
history, programme participation, and release plan. The PBC has also adapted its hearingsfor offenders with special needs that include offering elder-assisted hearings for Indigenous
offenders, should they want one, as well as having hearings that are gender and trauma
informed which is particularly important for women offenders and those with mental healthissues. Board members also consider victim impact statements as part of their decisionmaking and can impose conditions the board considers reasonable and necessary in orderto protect a victim. Finally, the supervision of offenders is conducted by CSC paroleofficers who utilize evidence-based supervision strategies and have a manageable caseloadof about 30 offenders to 1 parole officer.

- 124 - 124 -IV. OPENNESS AND ACCOUNTABILITY
Openness and accountability are important within the Canadian model of corrections
and conditional release so much so that it is entrenched in legislation (CCRA). An
environment of openness and accountability for the PBC includes:•the ability for the general public to observe a parole hearing;•the ability for the general public to access the written decisions of the Board;•the ability for registered victims to receive information about the offender thatharmed them, observe PBC hearings, and submit and read a prepared victim impact
statement for consideration by Board members in their decision-making and;•the ability for victims to receive additional information about the offender thatharmed them such as: the offences, length of sentence, eligibility dates forconditional release, location of the penitentiary, date of hearing, reason for release,date and destination of release, and conditions of release.

In 2019-2020, the Parole Board had over 31,000 contacts with victims. During thissame time frame, 4,998 persons observed PBC hearings (of which 743 of these observers
were victims).
In addition to information provided by attending hearings, the PBC also provides copies
of its decision through its decision registry to victims, members of the public, and the media.
The sharing of decisions contributes to a better public understanding of PBC decisionmaking and promotes openness and accountability. Last year the PBC provided 6,970
decisions through its decision registry.
V. PARTNERSHIPS AND PUBLIC AWARENESSThe PBC and CSC continually seek to forge and foster community partnerships.
Partnerships are the foundation of an improved understanding of conditional release bystakeholders both within and outside the criminal justice system and are an essential
element to the safe reintegration of offenders back into their communities. Numerous nongovernment agencies play a critical role through the provision of residential services,
halfway houses, programmes and counselling for offenders. The list of agencies involved
within the Canadian criminal justice system is extensive, and includes, but is not limited
to: the Salvation Army, the Canadian Association of Elizabeth Fry Societies, l’Association
des services de réhabilitation du Québec, the John Howard Society, St. Leonard’s Society,
the Native Women’s Association of Canada, and many others. Communicating effectively
with both the general public and partners within the criminal justice system is important.
For a number of years, the CSC and PBC have contributed to a Judicial Institute programme
entitled “Judges to Jails” where judges, as a part of their training, spend five days learning
about corrections and conditional release by speaking with prison and parole staff, visiting
prisons, remand centres, halfway houses, observing PBC hearings and speaking withoffenders. Through this programme, judges are able to observe CSC operations and theBoard’s decision-making framework in real time. The “Judges to Jails” programme has
been an invaluable opportunity to share information and knowledge with the judiciary so- 125 - 125 -that they can better understand the complexities of the federal system of corrections andconditional release.
In closing, strong partnerships both within and outside the criminal justice system leadto safer communities, and an improved understanding and public acceptance. These
partnerships are integral to supporting desistance and an offender’s successful transition
back into the community.

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