When am I eligible for parole?

Eligibility is set by statute. Full parole eligibility for most determinate sentences arises at one-third of the sentence, and day parole eligibility arises earlier. Different rules apply to life sentences and where the sentencing court has delayed parole eligibility under section 743.6 of the Criminal Code.

Can a lawyer speak at a parole hearing?

Yes. An offender may be accompanied by an assistant, who may be a lawyer, and that assistant may address the Board. Counsel can also file written submissions in advance, which is often the most effective contribution.

What happens if parole is denied?

The Board must give reasons. Those reasons can be appealed to the Appeal Division within the prescribed period, and an unreasonable Appeal Division decision can be challenged by judicial review in the Federal Court. The offender also remains entitled to statutory release at two-thirds of a determinate sentence unless detained.

Procedural & Post-Conviction

Parole Hearing Lawyer in Canada

A parole hearing lawyer assists with applications and proceedings under Corrections and Conditional Release Act, S.C. 1992, c. 20. This page sets out what the process is, the eligibility and requirements that apply, the outcomes that are possible and how counsel can help, then lists criminal defence firms you can contact.

Corrections and Conditional Release Act, S.C. 1992, c. 20·Post-conviction application

What Parole Hearings involve and how the process works

Parole decisions are made by the Parole Board of Canada under the Corrections and Conditional Release Act. The Board decides on day parole, full parole and, in defined circumstances, detention until warrant expiry instead of statutory release.

Section 102 sets the test the Board must apply: whether the offender will not, by reoffending, present an undue risk to society before the expiration of the sentence, and whether release will contribute to the protection of society by facilitating reintegration as a law-abiding citizen.

Statutory release at two-thirds of a determinate sentence is a statutory entitlement rather than a Board decision, but the Correctional Service can refer a case for detention. Provincial parole boards operate in Ontario and Quebec for sentences under two years.

Eligibility and requirements

Eligibility dates calculated under the Act for day parole, full parole and statutory release
The correctional plan and the offender's progress against it
Risk assessment material, including psychological reports and security classification
A concrete release plan covering residence, employment, supports and treatment
Victim statements and any Board-imposed special conditions

Possible outcomes and consequences

Denial of parole, with the offender remaining in custody until the next review
Detention until warrant expiry where a detention referral succeeds
Residency conditions requiring the offender to live in a community-based residential facility
Suspension and revocation of parole for breach of conditions
A record of the Board's reasons, which affects future applications

How counsel can help

Preparing a detailed and verified release plan well before the hearing
Correcting errors in the correctional file, which the Board is entitled to rely on
Addressing programming gaps and documenting completed programs
Making written submissions and appearing as an assistant at the hearing
Appealing an adverse decision to the Appeal Division of the Parole Board
Judicial review in the Federal Court where the Appeal Division decision is unreasonable

Parole hearing lawyer: frequently asked questions

When am I eligible for parole?: Eligibility is set by statute. Full parole eligibility for most determinate sentences arises at one-third of the sentence, and day parole eligibility arises earlier. Different rules apply to life sentences and where the sentencing court has delayed parole eligibility under section 743.6 of the Criminal Code.
Can a lawyer speak at a parole hearing?: Yes. An offender may be accompanied by an assistant, who may be a lawyer, and that assistant may address the Board. Counsel can also file written submissions in advance, which is often the most effective contribution.
What happens if parole is denied?: The Board must give reasons. Those reasons can be appealed to the Appeal Division within the prescribed period, and an unreasonable Appeal Division decision can be challenged by judicial review in the Federal Court. The offender also remains entitled to statutory release at two-thirds of a determinate sentence unless detained.

Find a parole hearing lawyer

These criminal defence firms handle Criminal Code matters and can advise on Parole Hearings applications. Confirm the scope of a firm’s practice before retaining counsel.