Parole and probation play a crucial role in balancing the goals of rehabilitation, reintegration, and public safety. This page outlines the key elements of parole and probation orders, their implications, and how they may affect you if you are criminally accused.
What is Parole?
Parole is a form of conditional release that allows an offender to serve part of their sentence outside of a correctional facility under the supervision of the Parole Board. This system aims to facilitate the offender’s reintegration into society while reducing the risk of reoffending.
Types of Parole
- Day Parole: Allows the offender to participate in community-based activities during the day while residing in a correctional facility or halfway house at night.
- Full Parole: Permits the offender to live in the community under supervision for the remainder of their sentence.
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Eligibility for Parole
- Standard Parole: Generally, offenders are eligible for parole after serving one-third of their sentence or seven years, whichever is less, as per Section 120 of the Corrections and Conditional Release Act (CCRA).
- Statutory Release: Offenders not granted parole earlier are automatically released after serving two-thirds of their sentence, unless deemed likely to commit a serious offence.
Parole decisions are contingent on a thorough risk assessment by the Parole Board, considering factors such as the nature of the offence, the offender’s behaviour, and their likelihood of reoffending.
What is a Probation Order?
Probation is a rehabilitative sentencing tool designed to help offenders reintegrate into the community. Unlike parole, which occurs after a period of incarceration, probation can be ordered as part of the original sentence and may accompany fines, community service, or short-term imprisonment.
Key Features of Probation
- Duration: Probation orders can last up to three years.
- Mandatory Conditions:
- Keep the peace and be of good behaviour.
- Appear before the court when required.
- Notify the court or probation officer of any changes in address, name, or employment.
- Optional Conditions:
- Abstain from drugs or alcohol.
- Attend treatment or counselling programs.
- Perform community service (up to 240 hours over 18 months).
- Avoid specific individuals or locations.
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Who Can Be Placed on Probation?
Probation is available for individuals receiving:
- A suspended sentence.
- A conditional discharge.
- A sentence of imprisonment of two years or less.
- A fine.
Probation cannot be imposed where the global sentence exceeds two years.
Key Differences Between Parole and Probation
| Parole | Probation | |
| Purpose | Reintegration post-incarceration | Rehabilitation and deterrence pre/post incarceration |
| When it Applies | After a period of incarceration | At sentencing |
| Supervision | Parole officers (under the Parole Board) | Probation officers (under court order) |
| Duration | Varies; linked to sentence length | Maximum of three years |
| Conditions | Conditional release, revocable by Parole Board | Mandatory and optional as set by the court |
Conditions and Compliance
Both parole and probation orders include conditions designed to protect the community and facilitate the offender’s rehabilitation. These conditions must be strictly followed to avoid further legal consequences.
Common Conditions
- Reporting Requirements: Regular meetings with a parole or probation officer.
- Abstinence from Substances: No drugs or alcohol unless prescribed.
- Restricted Access: Avoid certain locations or individuals.
- Electronic Monitoring: Where applicable, compliance may be monitored electronically.
Failure to comply with conditions can result in revocation of parole or a breach of probation charge, which may lead to further incarceration or penalties.
Charged with breaching probation? Call (306) 994-9522 for a strong defence from a trusted criminal lawyer.
Special Considerations for Young Offenders
Under the Youth Criminal Justice Act (YCJA), young offenders may also be subject to parole and probation orders. These measures emphasize rehabilitation and reintegration, tailored to the unique needs of youth.
Key Provisions
- Parole eligibility aligns with the principles of the YCJA.
- Probation orders for young offenders often include conditions designed to address underlying behavioural issues, such as mandatory counselling or educational programs.
Challenging Parole or Probation Decisions
Decisions regarding parole or probation conditions can sometimes be appealed or reviewed. For example:
- Parole Decisions: Appeals can be made to the Parole Board if the offender believes the decision was unreasonable or based on incorrect information.
- Probation Conditions: Offenders can apply to the court for a variation of optional conditions if they prove overly burdensome or unrelated to their rehabilitation.
Have You Been Charged with a Criminal Offence?
An experienced criminal defence lawyer is essential when facing criminal charges. A criminal defence lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.
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Don't hesitate to reach out to us if you have been charged with a criminal offence. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.