A Crime Victim's Guide to the Criminal Justice System
After Sentencing
Corrections
The Correction and Conditional Release Act (CCRA) sets out in law the principle that the protection of the public is the most
important consideration in all discretionary decisions relating to the conditional release of offenders from jail. The CCRA sets out
the framework for the National Parole Board (NPB) and the Correctional Service of Canada (CSC).
The CSC is responsible for administering sentences of two years or more and supervising offenders under conditional release in the
community. Provinces and territories are responsible for administering probationary sentences and sentences of less than two years.
The provinces and territories also administer sentences under the Young Offenders Act.
Under the CCRA, victims have the right to information about offenders serving sentences of two years or more, including when the
offender's sentence began and dates for any review considering conditional release. Victims will not automatically receive
information about an offender, but can make a written request to obtain certain information or to receive information regularly.
Victims can get information about an offender's name, the offence they were convicted for, the starting date and length of their
sentence, and eligibility and review dates for different forms of conditional release. Additional information may be made available
on request after the NPB or CSC balances the victim's interest against the offender's right to privacy. Additional
information may include whether the offender is still in custody, the location where the offender is incarcerated, release dates,
conditions imposed on release, and the offender's destination on release.
Victims may also provide a victim impact statement and any other additional information to the NPB and CSC that will be considered
if an offender applies for early release or in relation to what programs might help an offender's rehabilitation. Offenders may
be ordered not to contact victims or their families.
Victims wishing to obtain information about an offender may write to the regional offices of the NPB or CSC, listed under the
For More Information section at the end of this booklet. They may also use the Information Request for Victims form,
available from the NPB Web site, also listed under the For More Information section of this booklet.
Parole
Parole allows some offenders to serve a portion of their sentence under supervision in the community. Parole is based on the belief
that the best way to protect society is to help offenders gradually re-integrate into the community as law-abiding citizens under
supervision and with conditions. Parole is not automatic — parole board members must decide whether to release an offender.
The NPB deals with offenders whether their sentence is for less than two years or for two years or more. However, in Quebec,
Ontario and British Columbia, provincial parole boards deal with offenders serving sentences of less than two years. An offender
serving a sentence of less than two years must apply for parole. An offender serving a sentence of two years or longer does not need
to apply. Their cases will be reviewed when their parole eligibility date comes up.
In most cases parole boards hold hearings with the offender to consider whether leaving prison on parole will help them to
rehabilitate. However, the law requires the NPB to direct the release of offenders serving their first federal penitentiary term for a
non-violent offence without holding a hearing if it considers it unlikely that the person will commit a violent offence before the
end of their sentence.
If parole is granted, the offender is released from jail and must comply with certain conditions and report to a parole officer
regularly until their entire sentence is served. Parole is not final — it can be revoked if the offender fails to comply with
the conditions imposed on release or if the level of risk they pose becomes unacceptable.
Victims can provide information to the NPB that may help them evaluate the risk posed by the offender, including a description of
the harm or loss that they have suffered as a result of the offence. The victim may choose to forward a copy of their victim impact
statement or any new or additional information they consider relevant for the NPB and CSC to consider.
Both the NPB and the CSC are required by law to share information that will be used in making a decision with the offender,
including information provided by a victim. Personal information related to the victim, such as address or phone number, will be kept
confidential.
Since 1992, victims have been attending NPB hearings as observers. It has recently become possible for victims to read a written
statement, in person or via audiotape or videotape, at a NPB hearing. Applications to be an observer and/or to read a statement
should be submitted to the NPB as far in advance of a hearing as possible.
Statutory Release
It is important to distinguish between parole and statutory release. While parole is a discretionary type of conditional release
where NPB members assess the risk an offender poses to the community, most federal inmates are entitled under the law (by statute) to
serve the last one-third of their sentence out of jail if full parole has not already been granted. Offenders serving a life or
indeterminate sentence may only be released on parole.
The CSC does, however, have the authority to refer statutory release cases to the NPB if, in their opinion, there are reasonable
grounds to believe that the offender is likely to commit an offence causing death or serious harm to another person, a sexual offence
involving a child, or a serious drug offence before the end of their sentence. These offenders may be kept in prison until the end
of their sentence.
Statutory release can be revoked and the offender returned to jail if they fail to comply with conditions imposed on their release.
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