PART IIConditional Release, Detention and Long-term Supervision (continued)
Purpose and Principles
Marginal note:Purpose of conditional release
100 The purpose of conditional release is to contribute to the maintenance of a just, peaceful and safe society by means of decisions on the timing and conditions of release that will best facilitate the rehabilitation of offenders and their reintegration into the community as law-abiding citizens.
Marginal note:Paramount consideration
100.1 The protection of society is the paramount consideration for the Board and the provincial parole boards in the determination of all cases.
- 2012, c. 1, s. 71
Marginal note:Principles guiding parole boards
101 The principles that guide the Board and the provincial parole boards in achieving the purpose of conditional release are as follows:
(a) parole boards take into consideration all relevant available information, including the stated reasons and recommendations of the sentencing judge, the nature and gravity of the offence, the degree of responsibility of the offender, information from the trial or sentencing process and information obtained from victims, offenders and other components of the criminal justice system, including assessments provided by correctional authorities;
(b) parole boards enhance their effectiveness and openness through the timely exchange of relevant information with victims, offenders and other components of the criminal justice system and through communication about their policies and programs to victims, offenders and the general public;
(c) parole boards make decisions that are consistent with the protection of society and that are limited to only what is necessary and proportionate to the purpose of conditional release;
(d) parole boards adopt and are guided by appropriate policies and their members are provided with the training necessary to implement those policies; and
(e) offenders are provided with relevant information, reasons for decisions and access to the review of decisions in order to ensure a fair and understandable conditional release process.
- 1992, c. 20, s. 101
- 2012, c. 1, s. 71
Marginal note:Criteria for granting parole
102 The Board or a provincial parole board may grant parole to an offender if, in its opinion,
(a) the offender will not, by reoffending, present an undue risk to society before the expiration according to law of the sentence the offender is serving; and
(b) the release of the offender will contribute to the protection of society by facilitating the reintegration of the offender into society as a law-abiding citizen.
- 1992, c. 20, s. 102
- 1995, c. 42, s. 27(F)
Constitution and Jurisdiction of Board
Marginal note:Board continued
103 The National Parole Board is continued as the Parole Board of Canada and consists of not more than 60 full-time members and a number of part-time members all of whom are appointed by the Governor in Council, on the recommendation of the Minister, to hold office during good behaviour for periods not exceeding 10 years and three years, respectively.
- 1992, c. 20, s. 103
- 1993, c. 34, s. 57(F)
- 2012, c. 1, s. 73
Marginal note:Chairperson and Executive Vice-Chairperson
104 The Governor in Council shall designate one of the full-time members of the Board to be its Chairperson and, on the recommendation of the Minister, one of the full-time members to be its Executive Vice-Chairperson.
105 (1) Members appointed to the Board shall be sufficiently diverse in their backgrounds to be able to collectively represent community values and views in the work of the Board and to inform the community with respect to unescorted temporary absence, parole and statutory release.
Marginal note:Part-time members
(2) A part-time member of the Board has the same powers and duties as a full-time member of the Board.
(3) Each member of the Board other than the Chairperson and the Executive Vice-Chairperson shall be assigned to a division of the Board specified in the instrument of appointment.
(4) All members of the Board are ex officio members of every division of the Board and may, with the approval of the Chairperson, sit on a panel of any division of the Board, subject to such conditions and during such periods as are approved by the Chairperson.
(5) Members of the Board shall exercise their functions in accordance with policies adopted pursuant to subsection 151(2).
(6) Subject to subsection 152(3), the review under this Part of any case within a particular class of cases shall be made by a panel that consists of at least the number of members of the Board specified in the regulations as the minimum number of members for cases of that class.
- 1992, c. 20, s. 105
- 1995, c. 42, s. 71(F)
Marginal note:Substitute members
106 (1) In the event that a full-time member of the Board is absent or unable to act, the Governor in Council, on the recommendation of the Minister, may appoint a substitute member to act in the place of that member.
(2) A substitute member appointed pursuant to subsection (1) has all the powers and duties of a full-time member of the Board, subject to any limitation on those powers and duties that the Chairperson directs.
Marginal note:Jurisdiction of Board
107 (1) Subject to this Act, the Prisons and Reformatories Act, the International Transfer of Offenders Act, the National Defence Act, the Crimes Against Humanity and War Crimes Act and the Criminal Code, the Board has exclusive jurisdiction and absolute discretion
(a) to grant parole to an offender;
(b) to terminate or to revoke the parole or statutory release of an offender, whether or not the offender is in custody under a warrant of apprehension issued as a result of the suspension of the parole or statutory release;
(c) to cancel a decision to grant parole to an offender, or to cancel the suspension, termination or revocation of the parole or statutory release of an offender;
(d) to review and to decide the case of an offender referred to it pursuant to section 129; and
(e) to authorize or to cancel a decision to authorize the unescorted temporary absence of an offender who is serving, in a penitentiary,
Marginal note:Offences under provincial Acts
(2) The jurisdiction of the Board under subsection (1) extends to any offender sentenced to a sentence imposed under a provincial Act that is to be served in a penitentiary pursuant to section 743.1 of the Criminal Code, whether that sentence is to be served alone or concurrently with or consecutively to one or more other sentences imposed under an Act of Parliament or a provincial Act.
- 1992, c. 20, s. 107
- 1995, c. 22, s. 13, c. 42, ss. 28(E), 70(E), 71(F)
- 1998, c. 35, s. 110
- 2000, c. 24, s. 36
- 2004, c. 21, s. 40
Marginal note:Jurisdiction where no provincial board
108 (1) Where a provincial parole board has not been established in a province, the Board has, in respect of offenders serving sentences in a provincial correctional facility in that province, the same jurisdiction and discretion that it has in respect of offenders under paragraphs 107(1)(a) to (c).
Marginal note:Offences under provincial Acts
(2) Subject to subsection (3), the jurisdiction of the Board under subsection (1) extends to any offender sentenced to a sentence imposed under a provincial Act that is to be served concurrently with or consecutively to a sentence imposed under an Act of Parliament.
Marginal note:Complementary legislation
Footnote *(3) Subsection (2) does not apply in a province until a day fixed by order of the Governor in Council made after the enactment of a provincial Act authorizing the Board to exercise the jurisdiction referred to in that subsection.
Return to footnote *Note: Subsection 108(2) applies in the Province of British Columbia as of April 19, 2007, see SI/2007-51.]
Marginal note:Where subsection (3) does not apply
(4) This section shall be read without reference to subsection (3) with respect to any province in which subsection 14(1) of the Parole Act, as that Act read immediately before the coming into force of this section, was in force immediately before the coming into force of this section.
- 1992, c. 20, s. 108
- 1995, c. 42, ss. 69(E), 70(E)
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