Parole: Contributing to Public Safety (Continued)

7. Parole Eligibility

Q.  When is an inmate eligible for parole consideration?

A.  An offender must usually serve the first third, or the first seven years, whichever is less, of any sentence of imprisonment before being eligible for full parole. Different rules apply for offenders serving life sentences for murder or indeterminate sentences.

The sentencing court may also determine the period that offenders convicted of a serious drug offence or a violent offence must serve before becoming eligible for parole. In these cases, the court may specify that the portion of the sentence that must be served before parole eligibility is one-half or 10 years, whichever is less.

Federal offenders generally become eligible for day parole six months before their full parole eligibility date or three years in cases of offenders serving life sentences.

Q.  How does an offender apply for parole?

A.  Within six months of the offender's admission, the Correctional Service of Canada (CSC) will send the offender a Notification of Parole Eligibility Dates. This will include eligibility dates for unescorted temporary absences, day and full parole and the projected statutory release date.

CSC is responsible for preparing the offender's case for the National Parole Board (NPB) to consider at the first parole eligibility date and for any further reviews. CSC provides NPB with a complete package, which includes details about the offender's previous criminal history, most recent offence, behaviour while incarcerated and evidence of change. It also includes information such as police reports, judge’s comments, victim impact statements, program reports, psychiatric/psychological assessments and the opinions of other specialists. This information helps NPB make an objective and well-informed decision.

Q.  What is accelerated parole review?

A.  The Corrections and Conditional Release Act (CCRA) introduced accelerated parole reviews which require some federal offenders who are serving their first term in a penitentiary to be released on full parole after they have served one-third of their sentence. By law, these offenders must be released on full parole unless the National Parole Board determines that the offender is likely to commit an offence involving violence before the end of the sentence.

Accelerated parole review applies only where:

• the offender is serving a first penitentiary sentence for a non-violent offence; or
• the offender is serving the sentence for a drug offence for which the judge did not set parole eligibility at one-half of the sentence.

Q.   Can an offender serving a life sentence for murder be considered for parole?

A.  Yes. However, a short explanation of the legal meanings of homicide and murder is necessary to fully explain the different types of sentences where the offence involves death.

"Homicide" is the general term applied to all situations in which one person causes the death of another. Justifiable or accidental homicide is not a crime. Culpable homicide is a crime. It can be either first or second degree murder or manslaughter.

Eligibility dates for offenders sentenced to life imprisonment as a minimum sentence before July 26, 1976, vary considerably. Since then, the legislation has been amended, and the two categories of murder (first and second degree) carry with them specific parole ineligibility dates:

First degree murder: First degree murder includes all planned and deliberate murders and certain other murders (for example, but not limited to: murder of a police officer, a prison employee, or any other person authorized to work in a prison, while on duty). Persons convicted of first degree murder are not eligible for full parole for 25 years, however, after serving 15 years offenders may apply to have the eligibility date reduced under Section 745 of the Criminal Code (See: "The Role of Parole" section, Judicial Review question). They become eligible for unescorted temporary absences and day parole three years before their full parole eligibility date. An offender may apply for escorted temporary absences after admission to a federal institution.

Second degree murder: Second degree murder is any murder that is not first degree murder. The sentencing judge determines when people convicted of second degree murder are eligible for consideration for parole, which can be set between 10 and 25 years. The Judicial Review provisions also apply for second degree murder if the parole eligibility date is set beyond 15 years (See: "The Role of Parole" section, Judicial Review question). Inmates incarcerated for second degree murder become eligible for consideration for unescorted temporary absences and day parole three years before their full parole eligibility date.

Manslaughter: Manslaughter is any culpable homicide that is neither first nor second degree murder. The judge may sentence someone convicted of manslaughter to any term deemed appropriate - anywhere from a number of months to a maximum of life.

Offenders who are paroled while serving life sentences remain on parole for life unless parole is revoked. Without a grant of parole, the offender remains imprisoned for life.

Young offenders: In murder cases, some offenders under 18 years of age are transferred by the youth court to an adult court and sentenced to life imprisonment without eligibility for parole until the offender has served:

• Five to seven years for a person under the age of 16 at the time of the offence;
• Ten years, in the case of a person convicted of first degree murder who was 16 or 17 years of age at the time of the offence; and
• Seven years, in the case of a person convicted of second degree murder who was 16 or 17 years of age at the time of the offence.

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