Statistics on Special Applications of Criminal Justice

Table of Contents

1. The number of detention reviews decreased in 2004-2005
2. 82% of judicial review hearings result in earlier parole eligibility
3. The number of dangerous offender designations decreased in 2004
4. Most long term supervision orders are for a 10-year period
5. The number of pardon applications processed has increased

The number of detention reviews decreased in 2004-2005

Figure E1.

Source: National Parole Board.

• The number of initial detention reviews reached a peak in 1995-96, and has been fluctuating at a lower level in subsequent years.
• Out of 4,369 initial detention reviews since 1991-92, 90.6% have resulted in a decision to detain.
• In the last five years, 19 women have been referred for detention and 13 were detained.
• In 2004-05, Aboriginal offenders accounted for 18.5% of incarcerated offenders serving determinant sentences while they accounted for 30.4% of offenders referred for detention and 30.7% of offenders detained.

Note:
According to the Corrections and Conditional Release Act, an offender entitled to statutory release after serving two-thirds of the sentence may be held in custody until warrant expiry if it is established that the offender is likely to commit, before the expiry of sentence, an offence causing death or serious harm, a serious drug offence or a sex offence involving a child.

Table E1.

Outcome of Initial Detention Reviews

Year

Detained

Statutory Release

Total

Total

Abor.

Non - Abor.

Total

%

Abor.

Non - Abor.

Total

%

Abor.

Non - Abor.

1991-92

40

144

184

76.7

14

42

56

23.3

54

186

240

1992-93

53

147

200

84.0

12

26

38

16.0

65

173

238

1993-94

76

198

274

89.3

8

25

33

10.7

84

223

307

1994-95

96

314

410

92.3

8

26

34

7.7

104

340

444

1995-96

143

341

484

91.3

13

33

46

8.7

156

374

530

1996-97

106

325

431

93.3

10

21

31

6.7

116

346

462

1997-98

78

234

312

93.1

9

14

23

6.9

87

248

335

1998-99

80

154

234

91.4

3

19

22

8.6

83

173

256

1999-00

80

128

208

93.7

3

11

14

6.3

83

139

222

2000-01

68

147

215

93.9

6

8

14

6.1

74

155

229

2001-02

70

187

257

94.5

2

13

15

5.5

72

200

272

2002-03

81

164

245

86.3

14

25

39

13.7

95

189

284

2003-04

68

211

279

92.1

8

16

24

7.9

76

227

303

2004-05

69

156

225

91.1

6

16

22

8.9

75

172

247

Total

1,108

2,850

3,9583

90.6  

116

295

411

9.4  

1,224

3,145

4,369

Source: National Parole Board.

Note:
According to the Corrections and Conditional Release Act, an offender entitled to statutory release after serving two-thirds of the sentence may be held in custody until warrant expiry if it is established that the offender is likely to commit, before the expiry of sentence, an offence causing death or serious harm, a serious drug offence or a sex offence involving a child.

82% of judicial review hearings result in earlier parole eligibility

Figure E2.

Source: Correctional Service Canada.

• Since the first judicial review hearing in 1987, there have been a total of 149 court decisions.
• Of these cases, 81.9% of the court decisions resulted in a reduction of the period that must be served before parole eligibility.
• Of offenders eligible to apply for a judicial review, 20.1% have had decisions rendered by the courts.
• Of the 122 offenders who have had their parole eligibility date moved closer, 118 have reached their revised eligibility date. Of these offenders, 101 have been granted parole, and 77 are currently being actively supervised in the community*.
• A higher percentage of second degree (87%) than first degree (81%) murder cases have resulted in a reduction of the period required to be served before parole eligibility.

Note:
*Of the 101 offenders who have been granted parole, 17 offenders have been returned to custody, four offenders are deceased, two offenders have been deported, and one offender was awaiting release.

Judicial review is an application by an offender convicted of murder to the Court for a reduction in the time required to be served before being eligible for parole. Offenders can apply when they have served at least 15 years of their sentence. Judicial review procedures apply to offenders convicted of first degree murder, who are required to serve 25 years prior to being eligible for parole, and to offenders who have been sentenced to life imprisonment for second degree murder, with parole eligibility set at 15 years or more.

Table E2

Province/Territory of Judicial Review

Parole Ineligibility Reduced by Court

Reduction Denied by Court

Total

1 st degree murder

2 nd degree murder

1 st degree murder

2 nd degree murder

1 st degree murder

2 nd degree murder

Northwest Territories

0

0

0

0

0

0

Nunavut

0

0

0

0

0

0

Yukon

0

0

0

0

0

0

Newfoundland & Labrador

0

0

0

0

0

0

Prince Edward Island

0

0

0

0

0

0

Nova Scotia

0

1

1

0

1

1

New Brunswick

1

0

0

0

1

0

Quebec

47

15

3

2

50

17

Ontario

18

0

8

1

26

1

Manitoba

6

3

1

0

7

3

Saskatchewan

6

0

2

0

8

0

Alberta

13

0

5

0

18

0

British Columbia

11

1

4

0

15

1

Sub-total

102

20  

24

3  

126

23

Total

122

27

149

Source: Correctional Service Canada.

Note:
These numbers represent total decisions as of April 10, 2005.

Judicial reviews are conducted in the province where the conviction took place.

The number of dangerous offender designations decreased in 2004

Figure E3

Source: Correctional Service Canada.

• As of April 10, 2005, there have been 384 offenders designated since 1978.
• Approximately 82% of all Dangerous Offenders (DOs) have at least one current conviction for a sexual offence.
• As of April 10, 2005, there were 335 active DOs. Of these, 318 were incarcerated (representing approximately 2.5% of the total federal inmate population), one has been deported and 16 were being supervised in the community.
• Of the 335 DOs, 7 offenders have determinate sentences, whereas 328 have indeterminate sentences.
• There are currently no female offenders with a Dangerous Offender designation.
• Aboriginal offenders account for 20.3% of DOs and 16.2% of the total federal offender population.

Note:
*The number of Dangerous Offenders designated per year does not include overturned decisions.

Offenders who have died since receiving designations are no longer classified as “active”; however, they are still represented in the above graph which depicts the total number of offenders ‘”designated”.

Dangerous Offender legislation came into effect in Canada on October 15, 1977, replacing the Habitual Offender and Dangerous Sexual Offender provisions that were abolished. A Dangerous Offender (DO) is an individual given an indeterminate sentence on the basis of a particularly violent crime or pattern of serious violent offences where it is judged that the offender’s behaviour is unlikely to be inhibited by normal standards of behavioural restraint (see section 752 of the Criminal Code of Canada). Until August 1997, a determinate sentence was possible for those designated as DOs. In addition to the DOs, there remain within federal jurisdiction 42 Dangerous Sexual Offenders and 6 Habitual Offenders.

Table E3

Province or Territory of Designation

All Designations (# designated since 1978)

Active Dangerous Offenders

# of Indeterminate Offenders

# of Determinate Offenders

Total

Newfoundland & Labrador

11

9

0

9

Nova Scotia

14

13

0

13

Prince Edward Island

0

0

0

0

New Brunswick

6

5

0

5

Quebec

30

29

0

29

Ontario

161

135

3

138

Manitoba

10

9

0

9

Saskatchewan

29

23

2

25

Alberta

31

24

0

24

British Columbia

86

75

2

77

Yukon

1

1

0

1

Northwest Territories

5

5

0

5

Nunavut

0

0

0

0

Total

384

328

7

335

Source: Correctional Service Canada.

Note:
Numbers presented are as of April 10, 2005.

The number of Dangerous Offenders declared per year does not include overturned decisions.

Most long term supervision orders are for a 10-year period

Figure E4

Source: Correctional Service Canada.

• As of April 10, 2005, the courts have imposed 311 long term supervision orders. Of these, 70.7% were for a period of 10 years.
• There are currently 302 offenders with long term supervision orders, and of these, 231 (76.5%) have at least one current conviction for a sexual offence.
• There are four women with long term supervision orders.
• There are currently 93 offenders being supervised in the community on their long term supervision order. This includes 11 offenders temporarily detained and one offender who has been deported.

Source: Correctional Service Canada.

Note:
Long Term Supervision Order (LTSO) legislation, which came into effect in Canada on August 1, 1997, allows the court to impose a sentence of two years or more for the predicate offence and order that the offender be supervised in the community for a further period not exceeding 10 years.

Eight offenders under these provisions have died and one offender has completed his long term supervision period.

Table E4

Province or Territory of Order

Length of Supervision Order (years)

Current Status

2

3

4

5

6

7

8

10

Total

Incarcerated

DP,FP or SR*

LTSO period

LTSO** interrupted

Total

Newfoundland & Labrador

 0

0

0

0

0

0

0

4

4

  0

0

3

1

4

Nova Scotia

0

0

1

2

0

0

0

9

12

  9

0

3

0

12

Prince Edward Island

0

0

0

1

0

0

0

1

2

  0

0

2

0

2

New Brunswick

0

0

0

0

0

0

0

4

4

3

0

1

0

4

Quebec

0

1

0

17

6

9

1

45

79

  40

4

29

4

77

Ontario

0

0

1

2

2

8

4

64

81

  42

5

27

3

77

Manitoba

0

0

0

2

0

2

1

11

16

  9

1

6

0

16

Saskatchewan

1

0

1

2

4

0

4

11

23

  12

4

5

2

23

Alberta

0

0

0

5

0

0

0

21

26

  16

1

7

1

25

British
Columbia

0

0

0

3

1

2

3

47

56

  43

2

9

0

54

Yukon

0

0

0

1

0

2

0

1

4

  2

0

1

1

4

Northwest Territories

0

0

0

1

0

0

0

2

3

  3

0

0

0

3

Nunavut

0

0

0

1

0

0

0

0

1

  1

0

0

0

1

Total

1

1

3

37

13

23

13

220

311

  180

17

93

12

302

Source: Correctional Service Canada.

Note:
*This category includes offenders whose current status is either supervised on day parole, full parole, or statutory release.

**This category includes offenders convicted of a new offence while on the supervision portion of an LTSO. When this occurs, the LTSO supervision period is interrupted until the offender has served the new sentence to its warrant expiry date. At that time, the LTSO supervision period resumes where it left off.

These numbers are as of April 10, 2005.

Eight offenders under these provisions have died and one offender has completed his long term supervision period.

The number of pardon applications processed has increased

Figure E5

Source: National Parole Board.

• The National Parole Board received 16,958 pardon applications in 2004-05.
• Over 98% of the applications for pardons that were processed last year were granted.
• The number of pardon applications processed increased in 2004-05.
• Over three million (3,282,193) Canadians have a criminal record* but less than 10% of people convicted have received a pardon. Since 1970, when the pardon process began, 329,530 pardons have been granted or issued.

Note:

*Source: Royal Canadian Mounted Police Criminal Records Division, 2001.

Pardons allow people who were convicted of a criminal offence but have completed their sentence and demonstrated that they are law-abiding citizens to have their criminal record sealed. A person convicted of a summary offence may apply for a pardon three years after the completion of the sentence, and a person convicted of an indictable offence may apply after five years.

Table E5.

Type of Decision

2000-01

2001-02

2002-03

2003-04

2004-05

Granted

7,495

10,725

7,204

8,761

17,800

Issued

6,700

5,920

7,232

6,832

4,745

Denied

84

409

286

265

375

Total Granted / Issued / Denied

14,279

17,054

14,722

15,858

22,920

Percentage Granted / Issued

99.4

97.6

98.1

98.3

98.4

Revocations

80*

20*

369

534

225

Cessations

462

443

533

780

332

Total Revocations / Cessations

542

463

902

1,314

557

Cumulative Granted / Issued**

260,311

276,956

291,392

306,985

329,530

Cumulative Revocations / Cessations**

7,915

8,378

9,280

10,594

11,151

Source: National Parole Board.

Note:

*Revocations in 2002-03 and 2003-04 were higher than usual due to resource re-allocation to deal with a backlog which had occurred in the previous two years.

**Cumulative data reflects pardon activity since 1970, when the pardon process was established under the Criminal Records Act.

Pardons are issued for summary offences, upon application, following a three-year conviction-free period after the completion of the sentence. In cases of indictable offences, pardons are granted at the discretion of the National Parole Board (NPB) following a five-year period of good conduct after the completion of the sentence. The cessation of a pardon automatically occurs following a subsequent conviction for an indictable offence, or hybrid offence, with some exceptions, including impaired driving, driving with more than 80 mg of alcohol in the blood or fail to provide a breath sample. Revocations are at the discretion of the NPB following a subsequent summary conviction, or for lack of good conduct. The Board may also render a decision of cessation when it is convinced by new information that the person was not eligible for a pardon at the time it was awarded.

QUESTIONNAIRE

Please return completed questionnaires to:
Dr. Robert Cormier
Chair,
Portfolio Corrections Statistics Committee
Public Safety and Emergency Preparedness Canada

340 Laurier Avenue West, 10th Floor
Ottawa, Ontario
K1A 0P8

Tel: (613) 991-2825
Fax: (613) 990-8295
E-mail: Robert.Cormier@psepc.gc.ca

For further information, please visit:

Correctional Service Canada: www.csc-scc.gc.ca

Canadian Centre for Justice Statistics, Statistics Canada: www.statcan.ca

National Parole Board: www.npb-cnlc.gc.ca

Office of the Correctional Investigator: www.oci-bec.gc.ca

Public Safety and Emergency Preparedness Canada: www.psepc-sppcc.gc.ca