Home Programs Corrections Protection against high-risk offenders Frequently asked questions

Frequently asked questions about the release of offenders

• Release of offenders
• Dealing with high-risk offenders
• National Sex Offender Registry (NSOR)
• National DNA Data Bank
• DNA legislation amendments

Release of offenders

Q. What is a Warrant Expiry Date?
A Warrant Expiry Date (WED) is the date the criminal sentence officially ends, as imposed by the courts at the time of sentencing.

Offenders who reach Warrant Expiry Date after completing their entire sentence are no longer under the jurisdiction of Correctional Service Canada (CSC). Neither CSC nor the National Parole Board (NPB) can lengthen or shorten a court sentence.

Q. Where are offenders released? Where will they live?
CSC makes every effort to determine where an offender will reside and, in virtually all cases, knows the offender’s destination.

In cases that CSC doesn’t have that information, an information package on the offender is forwarded to the district office where the offender was convicted as well as where the offender was incarcerated in order for it to be transmitted to the police jurisdiction of that area.

Q . When are offenders released once they reach WED?
According to subsection 93(1) of the Corrections and Conditional Release Act (CCRA), the actual release occurs during the daylight hours of the last regular working day (i.e. a day on which offices of the Public Service of Canada are open in that province) prior to the scheduled release date for offenders on statutory release or at warrant expiry.

Q. What is the earliest possible release date?
In accordance with section 93(2) of the CCRA, where the Institutional Head is satisfied that an offender's re-entry into the community on statutory release or at expiration of sentence will be facilitated by an earlier release than that provided for in paragraph 1, the Institutional Head may release the offender up to five days before the day on which the offender is entitled to be released.

The "up to five days" are counted back from, but not including, the last working day before the warrant expiry date.

Q. Is the public notified of offenders whereabouts once released?
CSC works in close collaboration with police forces. The decision to release and share information with the public about offenders released at warrant expiry rests with the province or territory where the offender relocates. Most jurisdictions have either implemented or drafted their own protocols or legislation regarding public notification. Police will be notified of the date and time of the release.

Q. Do offenders simply walk out the door?
Every release is examined on a case-by-case basis and can vary from one release to another. For example, some offenders can arrange to have a family member pick them up at the perimeter of the penitentiary and provide them the transportation required. Others may have someone from a support group accompany them back to their destination. The logistics involved vary from one offender to another depending on their personal circumstances.

Q. Does CSC give money to offenders to help them out during the first few days of their release?
All money standing to the credit of an inmate is given to the inmate on the day of release. If the total of an inmate’s current and savings accounts is less than $50.00 on day of release, CSC will pay the inmate the difference between the account balance and $50.00. (For example, if the balance is $27.00, CSC would give the inmate $23.00 to make up the difference).

Q. Does CSC provide transportation to released offenders?
If necessary, CSC covers the cost for the reasonable means of transportation required to return an offender to either the city where he was prosecuted or to a destination approved by CSC. The extent of the expenses must be within Treasury Board Secretariat guidelines.

Q. Will CSC facilitate an offender’s re-entry into the community?
On Warrant Expiry Date, the offender is no longer under CSC’s jurisdiction. There are various organizations in the community who help offenders to successfully reintegrate into the community.

Q. Can released offenders receive a passport?
As specified in sections 9 and 10 of the Canadian Passport Order, Passport Canada may refuse to issue a passport to an applicant who is deemed a national security risk, has been convicted of a passport-related criminal  offence, is in jail, is on parole or probation and consequently forbidden to leave Canada, among other things.

Further details related to the Refusal of Passports and Revocation may be found in sections 9 and 10 of the Canadian Passport Order.

Q. Are there extra precautions taken when releasing a high profile offender?
All necessary steps are taken to ensure the safety of the public, staff and offenders. If there is a requirement for police assistance, CSC requests help from the police. Resources are in place to ensure safe reintegration for each offender.

Dealing with high-risk offenders

Sentencing

Q. What legislative options under the Criminal Code exist for dealing with high-risk offenders?
Crown attorneys and police have several tools available designed to protect Canadians for high-risk violent and sexual offenders. These include:

• Dangerous and Long-term Offender sentences for serious personal injury offences
• Orders to provide DNA samples at sentencing or by warrant
• Orders to comply with the registration requirements as outlined in the SOIRA Imposition of probation orders with conditions as set out by the sentencing court.
• Section 810.1 and 810.2 peace bonds imposing strict conditions on individuals in the community, available regardless of previous conviction

Q. What is a “Dangerous Offender” designation?
A Dangerous Offender (DO) designation results from an application by the provincial Crown Prosecutor to identify offenders that if released after a normal sentence would pose a significant danger to the public.

If granted, the designation carries an automatic indeterminate sentence with no chance of parole for seven years.

Offences that meet the Dangerous Offender criteria are defined in the Criminal Code as serious personal injury offences, including specific sexual assault offences or, alternatively, a particular offence that was essentially violent or potentially violent and carries a potential maximum sentence of at least 10 years or more.

Q. What would warrant a DO designation?
A dangerous offender designation may result from a single act of brutality or a number of offences (i.e. repeat/habitual offences). The nature of the offence for which the offender has been convicted would be a serious personal injury offence, and he or she represents a continuing serious threat to the life, safety or physical or mental well-being of other persons.

Q. Who can initiate a Dangerous Offender application?
It is the responsibility of the provincial Crown Prosecutor or, in the territories, the federal Crown) in each case to make the decision whether or not to seek a Dangerous Offender application. DO applications can only be made at the time of sentencing.

Q. What is the process for implementing a Dangerous Offender designation?
If the Crown believes the offender justifies such an application, the first step is to apply for a 60-day psychiatric assessment. Once the report of the assessor is returned to the court, the Crown uses the information to determine whether the application should proceed. If there is merit, the Crown must gain the written approval of the provincial Attorney General or, for applications within the territories, the federal Minister of Justice before proceeding with the application.

Q. Can Dangerous Offenders be granted parole?
Dangerous Offenders may apply for conditional release after serving seven years of their sentence. However, conditional release is granted only if it is determined by the NPB that the offender can be safely reintegrated into the community. In such cases, the offender is monitored in the same way as other parolees who are under supervision in the community.

Q. How many offenders have been designated Dangerous Offenders?
As of May 2005, there were 336 active offenders with the Dangerous Offender designation. Seventeen of the 336 active designated Dangerous Offenders have received some form of parole (15 supervised, 1 temporarily detained and 1 deported) and 319 are currently incarcerated.

Q. What is a Long-Term Offender?
Certain offenders can be designated a Long-Term Offender (LTO) if it is determined that their unrestricted presence in the community poses a potential threat to public safety. These orders are imposed by the court at the time of sentencing and come into effect after the offenders have served their full sentence and are eligible for release.

The supervisory period for a Long-Term Offender is referred to as a Long-Term Supervision Order (“LTSO”). It is mandated by the sentencing court and includes conditions, overseen by Corrections Services Canada , imposed by the National Parole Board. The conditions can be imposed for up to 10 years, to ensure public safety.

Q. Who can initiate a Long-Term Offender application?
It is the responsibility of the provincial Crown Prosecutor (or, in the territories, the federal) in each case to make the decision whether or not to seek a Long-Term Offender application. LTO applications can only be made at the time of sentencing.

Q. What is the process for obtaining a Long-Term Offender designation?
As in the Dangerous Offender application, an assessment of the offender's psychological state and his/her behavioural patterns is required prior to the application being heard. After such an assessment has been presented to the court, the provincial Attorney General must consent in writing for the application to proceed.

An application for a finding that an offender should receive a Long-Term Offender designation can be brought as a stand-alone application, or, where the sentencing court refuses an application for a Dangerous Offender designation, it may impose instead a Long-Term Offender designation without hearing further evidence.

Q. How many LTOs have been imposed in Canada?
As of May 2005, there were 309 offenders with Long-Term Offender designations in Canada. There were 188 incarcerated and 121 under supervision in the community.

Since Long-Term Offender designations were first introduced in 1997, the number of orders has increased from three in 1998 to 309 as of May 2005.

Q. What is the difference between and Long-term offender and Long-term supervision order?
The "long-term offender" designation imposed on the offender by the sentencing judge is the actual sentence of the court, under Criminal Code s.753.1.

The "long-term supervision order", on the other hand, refers to the administrative aspects of the sentence. Once the offender is sentenced as a long-term offender, the Criminal Code cross-references the Corrections and Conditional Release Act (CCRA) as express authority for the administration of the court imposed period of supervision once the offender is released.

The distinction between the two terms is that under the CCRA, the NPB is responsible for administering the "LTSO" that results from the long-term offender sentence, such as the determining of conditions applicable to the offender and applications to amend the conditions. The sentencing court, however, has no ability to impose conditions under the LTSO. On the other hand, while the NPB administers and oversees the LTSO resulting from the sentence, they have no authority to alter the duration of the LTO imposed at the time of sentencing. Thus the sentence of the court is referred to as the Long-term Offender designation, while the CCRA enforcement of the sentence is referred to as the "long-term supervision order".

Post-sentencing

Q. Why can’t CSC or NPB declare someone a Dangerous or Long-Term Offender at the end of their sentence if they still pose a threat?
A Dangerous Offender (DO) or Long-Term Offender (LTO) designation must be applied for by the prosecution at the time of sentencing. CSC and NPB do not have the legal jurisdiction to make this determination. Only the courts can do so, at time of sentencing. It is the mandate of CSC to carry out the sentence of the court.

If offenders are detained until the end of their sentences by the NPB because they are considered a continued threat to commit serious harm to others, why doesn’t CSC keep them locked up indefinitely?

Offenders who reach Warrant Expiry Date after completing their entire sentence are no longer under the jurisdiction of CSC. Neither CSC nor NPB can lengthen a court sentence.

Q. What can CSC or NPB do to protect society from offenders whom they feel might pose a risk?
Where CSC has reasonable grounds to believe that an inmate who is nearing the end of their sentence will, on release, potentially pose a threat to any person, it will provide police all information under its control that is relevant to that perceived threat. A comprehensive information package is prepared 90 days prior to the offender’s release at Warrant Expiry Date to assist police in determining what action could be taken.

Q. What type of information is contained in the information package?
The information package provided to police at Warrant Expiry is similar to the information package provided to the NPB when CSC makes a request for a detention referral. It contains a number of documents, such as the offender’s criminal profile, correctional plan, records of institutional behaviour, psychological/psychiatric evaluations, etc.

Q. What can the police do with this information?
The police can apply to the courts to impose on an offender a ‘peace bond’ pursuant to Section 810 of the Criminal Code. The peace bond would impose various restrictions on an offender.

 Q. What is a Section 810 peace bond?
Section 810 peace bonds are preventative court orders requiring an individual to agree to specific conditions to keep the peace. These instruments are available to police to protect the public before a criminal offence has been committed.

There are orders under Section 810; s. 810.1 (sexual offences against children) and s.810.2 (serious personal injury offence).

Q. When is a Section 810 imposed?
Ordinarily, police and/or provincial crown attorneys apply for sections 810.1 and 810.2 of the Criminal Code. If the court agrees to allow the application, the individual must sign the order binding him or her to the stipulated conditions, or be subject to immediate imprisonment.

An application for a Section 810 can be brought against an individual currently in prison for a previous offence. The conditions of Sections 810.1 and 810.2 are effective upon the date set by the court.

Q. What is the duration of a Section 810?
Once granted, the peace bond is in effect for up to 12 months, and may be renewed by application to a court. At any time, the individual may apply to the court to have the duration or any other condition varied.

Q. Once a Section 810 is granted by a provincial court judge, is it valid across Canada?
There are no geographical restrictions within the provisions; therefore, if a court allows the application, it is enforceable throughout Canada. A breach of any condition of a peace bond is a criminal offence under s.811, and can be prosecuted in any provincial or territorial court with criminal jurisdiction.

Q. What happens if the offender fails to comply with the conditions of the peace bond?
A breach of any condition of a peace bond is a criminal offence under Section 811 of the Criminal Code, and can be prosecuted in any provincial or territorial court with criminal jurisdiction, providing up to a two year prison sentence if convicted.

Q. What types of conditions can be ordered in a Section 810?
Any peace bond includes an order to keep the peace. In addition, the crown is free to ask the court to impose any condition felt reasonable in the circumstances. The types of conditions most often imposed are weapons prohibitions, orders to stay away from specific places or persons, requirements to report regularly to police and/or corrections officials, drug and alcohol prohibitions and curfews. On s.810.1 peace bonds (sexual offences against children), it is almost always the case that there are general conditions imposed prohibiting the individual from being near playgrounds, swimming pools, schools and other locations where children are known to frequent.

National Sex Offender Registry (NSOR)

Q. What types of offences would require an offender to register in the National Sex Offender Registry?
Following conviction and sentencing for any designated offence in s.490.011 of the Criminal Code, the Crown can apply to the court for a Sex Offender Information Act Registration Order. The Crown can apply for registration orders not only for sexual offence convictions, but for other offences if they were done with the intent to commit one of the designated ‘sexual’ offences.

Q. How does registration work?
Registration will occur for designated offences unless the offender can convince the Court otherwise. If the offender is unable to meet his burden of satisfying the court that an Order would be grossly disproportionate to the objectives of the legislation, then the court “shall” make an order based on the statutory criteria for one of the three durations -- there is no further discretion. It is for 10, 20 years or life.

Q. How long is offender information kept on the Sex Offender database?
Sex offender information will remain on the database indefinitely, except for final acquittal on appeal or free pardon under the Royal Prerogative of Mercy or the Criminal Code.

Q. Is the NSOR retroactive?
The National Sex Offender Database is retrospective in that offenders who were under sentence for prescribed sexual offences only as of the December 15, 2004 start-up date of the national registry are eligible for inclusion. In addition, sex offenders included on the provincial Ontario Sex Offender Registry as of that date are also eligible for inclusion on the national registry.

Q. Can an application for a Sex Offender Registry Order be appealed?
Offenders and the Crown have the express right of appeal under s.490.014 against a decision of the sentencing court regarding sex offender registry applications, on grounds of law or mixed fact and law.

National DNA Data Bank

Q. What are the designated offences that govern the issuing of DNA warrants and data bank orders and the inclusion of DNA profiles in the Crime Scene Index (CSI)?
Primary designated offences are those considered to be the most serious criminal offences -- for example, sexual offences, murder and manslaughter. Secondary designated offences are relatively less serious in nature but still significant in their own right. Examples include assault and arson.

If DNA evidence is found at the scene of the commission of a designated offence the police may apply to a provincial court judge for a DNA warrant to obtain DNA samples from a suspect in the course of investigating the offence. The results will either exclude the person as a suspect or could be used as circumstantial evidence in the prosecution to establish a linkage between the accused and the commission of the crime.

If a person is convicted, found guilty under the Youth Criminal Justice Act or the Young Offenders Act, or discharged under s.730 of a designated offence, or found not criminally responsible on account of mental disorder for a designated offence the court may order the taking of DNA samples from the person for the purposes of the National DNA Data Bank. The procedure to determine whether the court will make such an order differs depending on whether the offence is a primary designated offence or a secondary designated offence.

Q. What types of DNA profiles are contained in the DNA Data Bank?
The DNA data bank consists of two collections or indices of DNA profiles: a crime scene index, containing DNA profiles derived from bodily substances found at a crime scene; and a convicted offenders index, containing DNA profiles derived from bodily substances taken from offenders against whom post-conviction DNA data bank orders have been made.

Q. How many offender profiles are currently in the DNA Data Bank?
As of May 9, 2005, there are over 77,000 DNA profiles in the convicted offender index and more than 21,400 DNA profiles in the crime scene index. In addition, there have been 3,270 matches between crime scene DNA profiles and convicted offender DNA profiles and 408 "forensic matches" (crime scene to crime scene).

Q. What amendments have recently been made to the DNA legislation?
On May 19, 2005, Bill C-13, which amended Canada’s DNA data bank legislation, received Royal Assent. Bill C-13 expands the retroactive provisions of the Criminal Code so that:

• all persons convicted before June 30, 2000 of murder, manslaughter or a sexual offence, and who are still under sentence, could be included in the National DNA Data Bank; and
• now-repealed sexual offences (indecent assault male, indecent assault female and gross indecency) in the list of designated sexual offences could be included for the purposes of the retroactive provisions of the Criminal Code.

The legislation has the potential to make some 4,700 additional offenders eligible for inclusion in the National DNA Data Bank.