ARCHIVED - Archiving Content ARCHIVÉE - Contenu archivé

Archived Content

Information identified as archived is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.

Contenu archivé

L’information dont il est indiqué qu’elle est archivée est fournie à des fins de référence, de recherche ou de tenue de documents. Elle n’est pas assujettie aux normes Web du gouvernement du Canada et elle n’a pas été modifiée ou mise à jour depuis son archivage. Pour obtenir cette information dans un autre format, veuillez communiquer avec nous.

This document is archival in nature and is intended for those who wish to consult archival documents made available from the collection of Public Safety Canada. Some of these documents are available in only one official language. Translation, to be provided by Public Safety Canada, is available upon request.

Le présent document a une valeur archivistique et fait partie des documents d’archives rendus disponibles par Sécurité publique Canada à ceux qui souhaitent consulter ces documents issus de sa collection. Certains de ces documents ne sont disponibles que dans une langue officielle. Sécurité publique Canada fournira une traduction sur demande.

r edee" G-WerD abeeZ %.""Mte"Z GbleveD ebteereZ edIte" etbléor":0•49

HA\DBOOK 0\

PAROLE

Lw 9308 S7h 1960

e..?*44-9 C.-9•40 ese41/1/4.9 Ge404.9

Si I 'ice°

LIBPAHv MINISTPY OF THE SOLICITOR

GENERAL OF CANADA

DEC 17 1987

mwts,E Jo ,ouicurE,8

L ,1 -!:_:. , Ais )4) :,NADA

'_;NTARIC IA OP8

— _

/

HANDBOOK ON PAROLE by

T. GEORGE STREET Q C

Chairman

NATIONAL PAROLE BOARD

Ottawa u es q, e e e ip, g g

g -ibc- g eee / e._

0 k- il

SS 1 -e

i -.-

....- _47 es b e 'ee ee ee «e ea.

.e.-- , -.-- -.-, e ‹, e , b ..,..,

e, .k- ...e, b . -d- a. Jee, ee! -g- r''' 1. ' % • . . . . . . . 1. . . . . . % . . .%.,.,9 ., 3 - _c e„jb e

'i seS

December 1960

CONTENTS

Page

DEFINITION OF PAROLE 1

FUNCTION OF THE PAROLE BOARD 1

JURISDICTION OF THE BOARD 1

POLICY OF THE PAROLE BOARD

PROCEDURE OF THE PAROLE BOARD 2

SELECTION FOR PAROLE 3

NOTIFICITION OF DECISION OF BOARD 3

ALCOHOLICS 3

PRIOR CRIMINAL RECORD 4

DRUG ADDICTS 4

HOW YOU APPLY FOR PAROLE 4

TIME ELIGIBILITY FOR PAROLE 4

CONDITIONS OF PAROLE 5

SUPERVISION 6

R,OLE OF THE REGIONAL REPRESENTATIVE 6

VIOLATION OF PAROLE 7

CONCLUSION 7

APPENDIX I - Copy of Parole Act and Parole Regulations 8-16

APPENDIX 11 - Copy of Certificate of Parole 17-19

Subject

HANDBOOK ON PAROLE

. • FOREWORD: • . .

-• .1. . This pamphlet is to tell you about parole, the policy - of •the Parole - • '. - Board; -how the parole ' system operates and what you must do before you can

. expect parole. It is for your guidance and information, and sheuld answer "any : - questions you may have. You can benefit by studying it carefully. -

• • DEFINITION OF PAROLE

. Parole is a method by which an inmate can be releaSed.from prison before the completion of his sentence, so that he ,can serve the balance of his sentence at large in society. However, he must obey certain rules so that society Will be sure that he is living a laW-abiding life. It is a means .of- protecting society yvhile at the same time helping the offender take his place again in the

community. •

. - FUNCTION OF THE PAROLE BOARD

• -3.' ,The Parole Act provides that parole may be granted to an inmate, if the Board considers that he has derived the full benefit from iniprisonment and that:the reform, and rehabilitation of the inmate will be aided by the grant

•. • of Parole. Therefore the function of the Parole Board is to select those inmates • who show that they sincerely intend to reform, and to as-sist them in doing so • by a grant of parole.

- 4. • If you are selected for parole it will be because we consider you intend , to live a law-abiding life in the future and that parole will help you do so. This does not mean that you should just complete your parole period without

'misbehaving and then return to crime.

. 5. Parole is . nôt leniency, or clemency, or mercy. We cannot grant • parôle simply because some member of your family is sick, or because you are

needed at home, or for some other •compassionate reaSon. We cannot -allow time ,.sPent in gaol awaiting trial or an appeal. This is the function of the court only.

• We do Pot Change • sentences. We cannot give you 'back good time which you •have lost.

'JURISDICTION OF THE BOARD

6. • The Board,has jurisdiction over every inmate of a federal or provincial' ,prison who has been sentenced under an act of the Parliament of Canada, e.g. the Criminal Coder but not over an •inmate who was sentenced to prison for 'an,

-• offence against a provincial statute, e.g. Liquor Control. Act. In Ontario and British Columbia, provincial parole boards have jurisdiction to give parole for

• the indefinite part of an indeterminate• sentence. •

POLICY OF THE PAROLE BOARD

7. The policy of the Board is, as far as possible to:

(a) encourage inmates to become law-abiding citizens and to assit them to do so bÿ granting parole;

(b) donaider the offender rather than the offence;

(c) deal with offenders as individuals, not as members of a group;

(d) judge each case objectively, according to its merits and circumstances;

(e) avoid th è use of rigid arbitrary rules of practice; (f) be practical, realistic and businesslike in dealing with offenders; (g) avoid any suggestion that parole means pampering inmates or the

use of leniency or clemency;

(h) consider each case from the point of view that what the inmate is apt to do in the future is more significant than what he has done in the past;

(i) provide adequate supervision to ensure protection of the public and assistance for parolees; and

(j) emphasize correction and reformation as the purposes of punishment, rather than vengeance or retribution.

PROCEDURE OF THE PAROLE BOARD

8. The question whether a parole will be granted or refused is neceaSarily a matt& of judgment based on various reports received about each ininate. We ask the -police' what they know about. the offence. The trial judge or magistrate tells us how he dealt with the case in court and his opinion of 'you and how yàu acted in court.

, 9. The reports from various people at the institution are espeeially important, because if You have changed, it has happened. at the institution. We find out what you are doing to itnprove yourself, where it is possible in the ' institution to do so, suéh as whether you are interested in learning a trade or in taking edueutional courses, religious instruction, individual or group counsel ,- ling; medical or psychiatric treatment and what your conduct, industry and attitude have béen. We know what treatment and training facilities are available in the Various -institutions, and you cannot be -blamed for mot doing certain'. things if you, did not get a chance to do them. An investigation is made in your home town tà find out about your background, your work record and general repntation in the community.

10. From thése reports we try to decide whether yôu haie changed your attitude and seem likely to behave properly in future. Usually slime reports abbut you are fs,voutable and soine not so, but all are considered together. An application • is not refused or granted because of ariY particular report or 'recerin-mendation. Each case is thorough:y investigated and is carefully' conSidered by all members, of the Board:

2

SELECTION ,FOR PA4OLE . f. • .! • , ()I {;

r‘ .): o-til fi"dt1 ■ .: (10,, 0,, L .(),,, .

011 1.;Iifi; ;) ç t

111,,,apyj ,eonsideations•jriVio.lvect in ,decidirrgith griant Ipaî'cilè•il • .; 0 .1 1:L:) 7i2 ; •

() ence. -yo r Commit ed-against society and <how Serious- ' R.; L

•" " ,; h:nr

(n), Was our beha:v.iour hp:the/past ,goolfhilbadr; 11 , .„ . 'y . ••"• r-•-••• H-:••• . I 1

(in) .What kind of a' Per'Son yeti' are and 'whether yciu can live "outSide" without committing offences; J '

'(iv) ;rho likelibood that..on release you.may retirrn to,a, life, of. crime arid •

piobable inluiy society Woulçl suffer if:<you did,' • '

(y ) ; ;; What-effortâlhave you made during iMpriebniiie,nttY Way of irriPoVing,

;f!; 9I: ;

. flioui family and marital circums•tances and background and:'ealrr development and whether anyone is ,willing . and able :te help you,

; when you • leave prisori;•

' " L 10 .i

i) Your pràposed parole, plaps arid, ,,•iwhether,they .are , sound help your rehabilitation; • •

•. .(viii) What employment. you have arranged, or may b ab1 tà arrange. . • f,.is important that you should be working •arid• if you -:dannot get 'd

job yourself., perhap,s one eau be arranged,..foi yon;•. ,

•• (ix) Do you unders.tand what got you into trouble and if Yon:II-C.)7'e a a problem, have you overcome it? This •inearis learning to underStand yourself better, your strengths and . weaknesses, -so you will be abl è

to control your behaviour and stay out of trouble in future.

12. The main test is whether or not 'you..'have changed .your attitude .dncl. „

sinc'èrléy te behaVe properly in futitre: Wre ibetnt te help as manYlinmate s âs Wè>,possibly can,, but •you must be willing .to help yourselves.: If 2you.-do not wint to'help. yonl-self, probably no one,ean help 'yen'. • " ; -•,- •, • "

NOTIFICATION OF DECISION OF BOARD

13 When•a, parole is •granted,,the inmate is notiffedy immediately.- If then -cieCisioni iC' "Parole dé,nied at . pieCene this means it will be . reviewed again

-,Sônietinie in „tile fritrire. „ , _

• ,14. . If a parole is refused, you may apply again later, but there is not miach„ii‘se-, : applying, again unless you have reason to think we would' have some réPoits:41)bil, ydu Which,iridiCate you have improved since your -last application wa...cbnsidèïed. If yo-ri have not changed, you cannot expect . the decision of „ the Board to be changed.

ALCOHOLICS , 15. Many inmates are, alcoholics arid when intoxicated ,get into 'trouble. . ÔtherseinaYnôt 4 bTdlo11ifdt 11bût fthit bffeneeSieWhen urii'ideillie influence

of liquoi. 'If you aie one of theSe, We' must be fairly' suie yon . and'

3

able to make '.as real effort to stop drinking entirely. If a man has a problem with drinking, it is in his best interest if a condition of his parole is that he must abstain from intoxicants. Therefore, if yeti have a problem with alcohol we expect yon to recognize this problem and do something pos:tive about over-coming it. The Alcoholics Anonymous program is'very helpful, but in order to benefit from this program you must be sincerely interested in helping yourself and be willing to give 'up alcohol. The Board is pleased with the number of former inmates who have continued A.A. association after release and in so doing have been helped in their civil life adjustment.

PRIOR CRIMINAL RECORD

16. A criminal record is not a bar to parole and hundreds of men with serious records have been paroled. However, if a man has established a pattern of criminal behaviour we obviously have to be more careful about granting a parole, because we must be reasonably sure that his criminal.behaviour will not be repeated. The same applies to a previous parole violator. These two types can be paroled, but they should do a little more than the average to show that they have changed.

17. When we are satisfied that you do not intend to return to crime, you will be paroled, but for the reasons mentioned above, we must be more careful _because of our duty to protect society.

DRUG ADDICTS

18. Drug offenders can also be granted parole but naturally, because there is such a serious problem involved in the use of drugs, we must be more careful than usual but if it seems that you sincerely intend and seem able to stay away from drugs in future, we want to try and help you do so.

HOW .YOU APPLY FOR PAROLE

19. You may apply for parole by simply filling in an application form, which you • May obtain at the institution. Also, anyone may apply on your behalf by writing à letter to the Parole Board. You do not need a lawyer to apply for parole, but if you wish to have a lawyer write to the Parole Board for you, he may do so. All applications and representations , on your ,behalf 'should be addressed to the National Parole Board. at Ottawa. '

20. When applying for parole you should tell us why you think you deserve it and in what ways you have changed. You should also tell us exactly what you intend to do, where you will be living and working, and give the names and addresses of people who are willing and able to assist you if you are paroled.

21. All sentences of two years and over are automatically reviewed by the Board, to make sure that no deserving case is overlooked. But, even though we shall be reviewing your case, we would like to have an application in writing from you as mentioned above.

TIME ELIGIBILITY FOR PAROLE

22. The Parole Regulations state that an inmate serving a sentence of two years ,or more in a federal prison, shall serve one year' beiore parole can

4

be granted to him; ànct those serving a sentence of 'three years . and over shall serve one -third„ or four y,ears whichever is the lesser, before being eligible for parole. They also , provide that an inmate shall serve ten yearS on a life sentenee • (if .it is .a commuted death sentence) and seven years in the case of an ordinarY We sentence., 'before being eligible for parole.

23. An except'on can be made to these regulations in very special caàes. but, generally . speaking, these are the times which must be served before an .

inmate becomes eligible for parole

24. • . The- regulations also provide that we will consider the case of every ininate serving a sentence of two years or more, six months after he has been admitted, and. then establish a date for reviewing his case in accordance with the regulations" above mentioned. If parole is not granted when his• case is• then re-viewed, it will be re-viewed every two years thereafter. Inmates serving.. .a sentence of under two years in a provincial reformatory or county gaol are considered for parole alter they have served' one' -third of' their sentence. They must apply for parole' and their applications- are considered as so-on as the. . investigations have been completed.

25-. These- regulations do n.ot mean that you will necesSarity be granted' . parole as soon as you have served the time mentioned in them. These regulations simply say, that except in very , extraordinary circumstances, you mus' t serve' this .much time, before you are eligible , to b-e considered for paniole.:,

CONDITIONS: OF PAROLE:

26. At the back of this. pamphlet is a copy of a CERTIFICATE. OF' PAROLE and PAROLE AGREEMENT, which you must sign•before. You leave,. .and: which ,sets out the conditions. you . must abide by' while on parole'.

" 27... In. short,. you are' obliged to. de the following:.

1. to be under the a-uthority of a representatïve of the National' Parole. Service.;

2... to. proceed at once to the- place of y.our residence and obtain per-. mission before moving to another area;

• • 3. to report faithfully upon arrival and at least on a monthly basis to our representative, or to the local police;

• 41 • to accept the supervision and. assistance of a superviser;

5. to• maintain steady employment;

6. to obtain permission in advance before making certain important , decisions- which inay . affect your future 'behaviour and progress;

• • 7. to abide by all the instructions of- your supervisor or the Regional- •Representative ;

8.. te contact at once your superviior or the Regional 'Representative, if you are arrested or questioned' by the -police;

9. to obey the -.1aw. andquffill your - legals_ and social: responsibilities

5

28. 'rhere maY also be special conditions :in' certain' cases and if ligtior has contribrited to your trouble, you would be expected to completely abstain from the use of it These conditions .are for your own good and for the welfare 6f..s.oeiety and are not . imposecr as a matter of punishment. Other than being i'Ctiired to report to a. supervisor,.you are not asked to do much more than a normal law-abicEng citizen would naturally do. If you do not want to be 'a law, abiding citizen, you should not ask for parole and should not be given parole. 291 : These conditions ma., be varied in some cases and in some cases be removed, if the- .parolee is doing exceptionally well. Parole is a transitional step betWeen: close confinement in an institution and absolute freedom in society and is part of your rehabilitation.

StPERVISION

'30: While on parole you will be under the direction of a supervisor. 'His', main concern is to help you with your problems of' getting back into a normal life as a useful citizen. He has worked wth many other ex-prisoners and he has experience with, and understanding of your problems.. In order to proteCt. the public,. he is 'also obEged to report to the Board whether :or not you are living up to the conditions of parole and whether-you are misbehaving in any wày. ,

31. : The, Supervisor is usually a member of an aftercare ageney or a provincial probation or parole officer, or sometimes a responsible .citize,n appointed by the Board. Besides helping y,ou With every day problems, he. also gives friendly counsel, guidance and advice, so-that you can become a respected citizen again. You should cooperate with him so that he can help you as much as possible:

32:- • , The , various after-care agencies look after both parolees' and dis- charged himates and help with such things as getting a job and hi s'orne cases with -material assistance arid also to promote- a better understanding on the part of, the publ' c towards prisoners and parolees generally. Threugh , their efforts thorisands of prisoners have become useful citizens again : They provide skilled supervision and also help in obtaining community investigation reports, con-,tacting' your ',family and: friends' 'and helping arrange a parole program.

ROLE OF THE REGIONAL REPRESENTATIVE . •

33 We have R,egional Representatives stationed in nine cities ,across Canada. Whenever possible •they interview inmates who apply ,for Parole. This

is your chance to make your' representations to our representative. Anything -. you say to him will .be passed on to the' 'Board, together with his impression , of you during the course of the interview.

34. . . They are all well trained in correctional work and interviewing and as far as Possible give counselling, guidance and,adyice to inmates- about parole 1 génerrilly, arid 'assist 'you: wherever -- posSible:iii your- appliCation for 'parole.

35. They are also..in charge,. of all "parolees .in their respéctive areas. . The'y haVe" - authority to Make Imirior changes in -parole conditions .and , "to issue_ a Warrant and suspend :a parole .wheré 'neC'esSaty,'''Parolees' are ',ustially unçler the supervision . of a , , Sup ervi,sor.. and : under thé authority of , our„;representative. , ,

„.:

VIOLATION OF PAROLE .

36. If you do not ,behave on parole, we are obliged - to make' Sure that the public is protected and this is done in the following ways: We çan suspend . ', parole where it seems nece .ssary to do so, to Prevent a, breach 'of any condition - of, a parole. When a parole is suspended, a warrant iS issued and the parolee . is put in gaol. and a full report -about his conduct, is obtained. Then the case” is reviewed bÿ the Board and we can either cancel the snspensien and put you -back on Parole, or revoke the parole and return you to the institution. The Board

- can a!se revoke the parole for any .reason it considers necessary. If a parolee - - does not abide by the conditions of his parôle or if he misbehaves or if it seems that he does not intend to behave, his parole can be revoked. A warrant is then . issued and he is returned to the institution to serve the balance of his sentence.

•A Parole is forfeited if the parolee .commits an indictable offence while on Tarok •and . he is returned to prison.

37.' The public will not support a' parole system if there are too many - failures. Those who fail make it difficult for themselves and other inmates. On , the ether hand, parole successes inspire public confidence and also improve the parole prospects of other applicants.

CONCLUSION

In the .first 2 years of its operation the Board granted paroles to 4500 himateS: Abeut''' half -- of these were from federal prisons and about half from provincial .gaols; -and included every type of 'offender. This shows that we: -

, are anxious tn-grant parole-as often as we tan, but the success of .the whole system dépends on theinmates themselves and how they behave while on parole -and afterwards, • . .

• is fâf-the - inforMatibn of "all inmates in -all-institutions- Canada, Will-tmdestand the pro cediirea' --and-- 13 radio ea Or. the

National Parole Board and. how- you may obtain a parole. My 'colleagues and 7-1 •sincerely. desired() -11.elp---aa -many of - you as-possible, but whether Yeti -get a :, --

-4)arôleor not -deperids-.maely- on you and Whether -or:not .you 'intend to :reforM. - - . ...There -:are-many :parole sticcess stories so-Jai-and - we. hoPe ,there will be . many -

• more in the future.

T. G. Street.

I .)ecember' 31, 1960.

g. ' Under Secretary: of State

APPENDIX I

PAROLE ACT

Proclaimed in force February 15, 1959

• P. KERWIN, Deputy Governor General.

• (L.S.) f

CANADA

ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, • Canada , and Her other Realms and Territories QUEEN, Head of the

Commonwealth, Defender of the Faith.

fo ALL To WHom these Presents shall come or whom the same .may in anywise •

•concern,—GREeriNos: . . . • • .• • A PROCLAMATION "

W. R. JACKETT, WHEREAS in and by section twenty-five Deputy Attorney General, of an Act of Parliament of Canada,

CANADA assented to on the 6th day Of September, 1958, and entitled "An Act to provide for the Condition.al Liberation of Persons tindereing 'Sentences of Imprisonment", being chapter thirty-eight of the Statntes Of '1958, it is Provided' that the said Act shall• come into 'force on a day to • bé 'fixed by Proclamation of Our Governor in Council: . : • - "

AND WHEREAS it is expedient that the said Act shoOld come into force and have effect' upon, from and after. .thé .fifteenth day Of February, in the year

,

of Our Lord One thbusancl• nine hundred -and fifty 7nine. - ,

•NOW:. - KNOW YE that We, by and with the advice of our Privy Council for Canada, -do-by this Our Proclamation déclare and direct' 'that the Sa id Act •shall . come into' force arid - haVe effect' upon, .from and after- the' fiffeenth•day of February, in the year of Our Lord one thousand nine hundred and fiftynine.

OF ALL WHICH Our Loving Subjects and all others whom these Presents may concern are hereby required to take notice and to govern.- themselves accordingly. ,

IN TESTIMONY WHEnEor We have cause• these Our Letters, to be made Patent _ and the Great Seal of Canada to be hereunto affixed. WrrNEss:

• Honourable PATRICK KERWIN, Chief •Instice Of Canada and Deputy of, Our Right Trusty and Well-behived Counsellôr, VINCENT 'MASSEY; Méniber of Our Order of the Companions Of' Honour, Governor General and :Com-

. mander-in7Chief of Canada. . . , . AT OTTAW4-this,thirteenth:daTofFebruary in the y.ear of Our .Lord one.thousan4. . _ .

nixie hundred and fifty7nine..and in.the-.eighth -year of Our Reign.

By. Command,

Board established.

'Chairman and >Vice-Chairman. •. TeMporary,

Quorum.

CHAP. 38

An Act to provide "for the Conditional Liberation of • 'Persons Undergoing Sentences of Imprsonment

(Assented to 6th September 1958)

HER Majesty, by and with the advice and consent of the Senate.and House of Commons of Canada, enacts as follovis:

SHORT TITLE

This Act may be cited as the Parole Act.

INTERPRETATION.

Short title.

2. In this -Act, Definitions.

> (a) • "Board" means the National Parole Board esta-blished bY this Act;

•(b) "inmate" Means a person who has been convicted of an•offence under an Act of the •Parliament of Canada and is

• under sentence of imprisonment for that offence, but does not include . a child within the meaning of the Juvenile Delinquents Act who is under sentence ,of imprisomnent for .an.offence known as a delinquency; -

(c), "magistrate" means a justice, or a - magistrate as defined . "Magistrate."

in-the Criminal Code; (d) "parole means., authority granted -under this Act to_ an Paro1e."

.'" inmate -to :be at large during his term of imprisonment;- . .---(e) "paroled inmate" -means.a -person , to whom ,parole -has- been.:... ,Pà 19a. - • granted.; inmate.

, (f) "parole supervisor" means.--a person appointed by thè - .

y -Board to guide and supervise a—paroled. imnate; ad • (g)—"regulations" means regulations made by iorder of • the

Governor in ,Council. "Regulations."

BOARD' ESTABLISHED

"Board."

"Inmaté."

3. . (1) There shall be a board, to be known as the National . Parole Board, consisting -of not• less than three and not More than five members- to be,appointect by the Governor in Council - to hold office during good behaviour for a period not exceeding ten years. • •

_I (2) The Governor in Council shall • designate one of the , ,members :to be Chairman and one to be Vice,dhairrnan.

(3) .iThe Governor inCouncil. may ,a,ppoint-a temPorary• ..Substitute. memher: -to . ,act,-.as a 'Member ifithè év6iitl that aT member is absent or unable to •act. ,

(4) 'A majority .of the • memberâ •coristitütes a quorum, and a vacancy cur.-the:Board •does not impair the:right, of , the remaining. members to -act.

9

Rules of procedure.

Head office.

Seal.

Remuneration.

Staff.

Chief executive officer.

Jurisdiction of Board.

6 . -7(t) The Beard -shall the: tithes- ;prescribed by the 'Tee- lations

(a) reviewAhau ease - of -,,every: l'inmate -;serving sentence of imprisonment- ,of- two :Tears more,' -whether -or - not an applicatiom-has been :made ,by. -or on -behalf of the 'inmate, and

(b) review Stich- cases of::: inmates •serying a sentence.• of im- .prisonment of-,:dess- than two -years as are -prescribee: by

.,the regulatiàns,- upon application-Iy. or on behalf of the inmate. (2) Upon reviewing the case Of an- inmate as required by Decisi° 11s.

Subsection (1) the Board shall decide whether.or not' to grant parole.

• -

7' Governor in Council may make regulations prescribing Regulations.

(a) the portion of the terms of imprisonment that inmates - shall serve before-parole inay be granted i ' (b) •the times when :the Board shall review cases of inmates

serving sentences- of imprisonment, and - (c) the class: of- cases .- of . inmates: serving a sentence of im-

prisonment of 'less than - two:Tyears that shall be,reviewed : bÿ ,'the Board upon -application.

8. The Board may. ; • - Board.

(a) grant parole te: an: inmate if thé 'Board :considers that , the ininate. has derived the, maximum benefit . from irn. .

-.Review of cases. .

(5) The Board may; with the ,approval• .of the 'Governor in Council, make rules for the conduct of its proceedings and the performance of ifs duties and functions under this Act.

• (6) The head office 'of the Board shall be at Ottawa, but meetings of the Board may be held ait, such other places as the Board determines. :

(7) The Board shall have an official seal. •

(1,) Each Member of. the Board Shall '"Eepaid such re-muneration for his services as iS fixed by the ,Governor in Couneil, and..is entitled to be paid reasonable travelling and living expenses incurred bylim while absent from his• •ordinary place of residence.

, in the course of his duties. . (2) The officers,- clerks and employees necessary for the

proper conduct of the business of the Board 'shall 'be appointed .accordan•ce With the provisions' of the Civil Service Act.

• (3) The Chairmad is- the chief executive officer 'of the Board •and has superVtision over-and direction of . the work and the staff of the Board.

POWERS AND DUTIES OF BOARD.

5. . Subject to this Act und the Prisons and Ref ormatog'ies Act, the Board has . exclusive jurisdiction:and absolute discretion

grant, _refuse to grant ..or _revoke,parôle.. • _

•0

• (b) •

(c)

(d)

prisonment and that the reform and ehabilitation of the inmate will ,be aided by the grant of parole; grant parole -subject to any ternis or conditions . it considers. desirable; provide for the guidance and supervision of - paroled inmates for such Period' as the Board considers desirable; and revoke parole in its discretion.

Personal interview.

Parole certificate:

Effect of parole.

Idem.

Suspension of parole.

Apprehensiori, - of paroled inmate.

Review by Board.

Effect of suspension.

ForfeitUre.'

The Board, in considering whether parole should be granted . or revoked, is not required to grant a personal interview to the

inmate or to any person on lus •behalf. 10.. Where the Board grants parole it shall issue a parole certificate, under the seal of the Board, in such form as the Board prescribes, and shall deliver it or ca-use it to be delivered to the inmate and a copy to the parole supervisor, if any. 11. (1) The sentence of a paroled inmate shall, while thé parole remains unrevoked and unforfeited, be deemed to continue in force tintil the expiration thereof according to 1.aw.

. (2) .Until a parole is revoked, forfeited or suspended the ininate is not liable te be imprisoned by reason of his sentence, and he shall be allowed to go and remain at large accordin .g to the terms and conditions of the parole and subject to the provisions of this Act.

SUSPENSION OF PAROLE

12. (1) A member of the Board or any person designated by the Board may, by a warrant in writing ,signed by suspend any parole and authorize the apprehension of a paroled inmate Whenever' he is satisfied that the arrest of the inmate is neces-sa,rY or desirable in order to prevent a breach of any term or condition of the parole.

(2) A paroled inmate apprehended under a warrantissued 'under this section shall be brought as soon as 'conveniently may he before a magistrate, and the magistrate shall remand the inmate in custody until the_ Board cancels the suspension or revokes the parole.

(3) The Board shall forthwith after a remand by a magistrate . under ,subsection (2) review the case and shall either cancel the suspension or revoke the parole.

(4) An inmate who is in custody by virtue of this section shall be deemed . to be serving his sentence.

FORFEITURE OF PAROLIa

13. If a - Paroled inmate is convicetd of un indictable, offence; coma-nitteW alftér the grafit'ef parolé'and piniishable by imprison-

'; 'Ment' tern]. '6f 'tWis Yèars„'or 'More, his parole is therebY

1I

'APPREHENSION UPON, REVO.OATION OR.

FORFEITURE' OF PAROLE

14. (1) If any parole i,s revoked or•forfeited, the Board. may, • by warrant under the, seal of the Board',, authorize the , appre-hension of the paroled inmate.,

(2). A. paroled inmate apprehended, under a warrant issued under...this . section , . shall be brought - as, soon as- -conveniently may be before a magistrate, and the magiStrate .shall thereupon. make out, WS; warrant under his, hand and' seal. fôr the recom-mitment. of the inmate as provided in this Act.

EXECUTION OF WARRANT.

Apprehension.

Recom-mitment.

15. A warrant issued;' under section 12 or 14 shall be' executed Warrants. for apprehension.

by any peace officer to- whom it is given- in any- part of Canada., and has the same force and effect in , all• parts of-Canada- as if-it had been, 'originally, issued -or subsequently endorsed. by a magistrate or other. law,ful - authority ha,ving jurisdiction, in. the- • place where it is executed.

RECOMMITMENT OF INMATE

16. (1) Where the parole granted tch an- in-mate. has, been re-voked he shall be recommitted to the place of confinement to 'which, he was -originally committed to serve- the sentence in' respect. of w,hich he -was , granted parole, to serve, the portion of his original term- imprisonment that remained, unexpired at the time his parole was- granted..

(2) Where a' paroled; inmate,, upon revocation-,of-hisparole ,,. is apprehended at a place not• within the territorial division, to which, he was originally, committed;, he shall be , committed to -the eorresponcling- place,of confinement for the territorial division. within which he was apprehended, to serve- the portion- 'of his . original term. of ;imprisonment that. remained , unexpired: 'at. the time his parole was granted.

Place of recommit-ment.

Idem.

17. a) , .Wlien an-y parole , is forfeited by conviction- -of. 'an- Effect of forfeiture. indictable offence , the paroled- inmate shall; undergo a term of,

imprisonment equal to the portion of, the term to which he , was originally- Sentenced- that- remained; unexpired at the- time his parole' Was granted plus the term,,if any to, which he is sentenced upon conviction for the offence.

(2) The term of- imprisonment prescribed by subsection (1) Term0. to be

serve shallTbe Served -as follows: -- (a) r in .a penitentiary, if. the -original sentence in respect of - he---Was - granted' parole - was- to -a penitentiary; - (b) :in -a -penitentiary,' if' the-total term of • imprisonment 'pre-..„.

scribe.d-by. âubsection (1)- is for 'a period of two 'Years -or - more; arid

12

Revocation or suspension of certain punishments.

Clemency.

Order, etc. final.

Evidence.

Expenditures.

Super-annuation.

Transfer , of staff.

Repeal. R.S. 1952, c. 264.

Licence under former Act deemed parole.

(c) in .the -place. of confinement to whieh, he was originally committed - -to..erve. the sentence in respect of which he was granted parole,. if that place of ,,confineinent was not a penitentiary and the -term of impriàonment *p.* rescribed by subsection (1) is less than two yeam

. (3) Where a,paroled inmate is, after the expiration of his parole, convicted of an,iodictable of-fence .committed .d.uring the .period when his 'parole was in effect, the parole shall be deemed to have been forfeited on the day on which the offençe was committed, and the provisions of this Act respecting imprison-ment upon forfeiture of parole apply mutatis mutandis.

ADDITIONAL JURISDICTION

18. (1) The Board may, upon application therefor and subject to .regulations revoke or suspend any sentence of whiipping or any order made under the Criminal Code prohibiting any person from operating a motor vehicle.

(2) The Board shall when so directed by the Minister of Justice make, any investigation or inquiry desired by the Minister in .connection with any request made to the Minister for the 'exercise of the royal prerogative of mercy.

MLSCELLANEOUS.

19. An order, warrant or decision made or issued under this Act is not subject to appeal or review to or by any court or other authority: 20 . , Any order, decision* or warrant purporting to be sealed with the seal of the Board or to .be signed by a person purporting to be a member of the Board or to• have been designated by the Board to suspend parole is admissible in evidence in any pro-ceedings in -any court. 21. All expenditures under or for the purposes of this Act shall be paid out of money .appropriated by Parliament theref or. 22. The members and staff of the Board shall be deemed to be employed in the Public Service for the purpose of the Public Service Superannuation Act. 23. Notwithstanding subsection (2) of section 4, the Governor in Counoitl may by order transfer persons who prior to the commencement of this Act were members of the staff of the Department of Justice to the staff of the Board. 24. (1) The Ticket of Leave Act is repealed.

(2) Every person who at the coming into force of this Act is the holder of a licence issued under .the Ticket of Leave Act to be at large shall be deemed to have been granted 'parole under this Act under the same terms .and conditions as those under which the licence was issued or such fuether , or other conditions as the Board may prescribe.

Conviction for offence committed dpring parole,

13

• (3) Every person whip was issued à licence to be at large Revoked or

under the Ticketripj éceve , Actp %hbd"licehceïwasvf evokéd or ijrîieée. di (`,) forfeited and who.' laiÀ•thencOnaingsiinto force; of this ket is/unlaW- fully' at large mlaya betlealt ffw.ithimnder thiSriAnt aSi ithdughlhe.):Jf were a paroled iriMate5vhdpéiparole liac,thednirevokedi'ôi• forfeitedhf I

(4) À reférenée in any Actl:édulà-eihnuni i dedn&erit )to-tà .' Reference. •

conditWar".liber-ation' tip'ke' Leave -7:ifbt shall ',be defiii0.1 .f6 1,1Jé":a»i'ef'égiYd oode.thrà ff:c;

I (i . / ..cjir , Iqt /12; 1 " '21i1J 1r5;i ' É ; 1 - •

• (5) The powers functions, and duties ref the miroster o f (Habitual • • • - , if • 1 ' • , 'criminals. :•

Justice under section th vin Pade, ,ae'„héreby,, transferred to 'the Board, and a reference in that eetion to permission to be at large on licence shall be deemed: to be a , reference to parole granted under tliiS)17616"." };:.1 *25. rThi‘ 4,qt slia1,1,. ( ,ç,pnle ,,into,,fopce r .9p. if1P+3" ti oy .Axe,d;.1pY, , Çomiing F into

pro'clamati:our of ' , • • ' ;

force

1(1 f;fH

*Note - Proclaimed in , force as of February 15;'4959.'`A'. ffi 11rLq

vet 1,f

•

;,i

PAROLE REGULATIONS

P.C. 1960-681

AT THE GOVERNMENT HOUSE AT OTTAWA

THURSDAY, the 19th day of May, \ 1960.

PRESENT :

HIS EXCELLENCY THB GOVERNOR GENERAL IN COUNCIL

His Excellency the Governor General in Council, on the reCommendation of .the Minister of Justice pursuant to section 7 of the Parole Act; iS pleased . heyeby to make the annexed Regulations, to be effective the first day, of Sep-tember, 1966.

REGULATIONS MADE UNDER THE PAROLE ACT '

- 1.. These Regulations may be cited as the Parole Regulations.

2. (1) .The portion of the terni of imprisonment that an inmate shall or--. .dinarily -servé before parole may be granted is as follows:

•. (à) where the sentence of imprisonment is not a sentence of iMprisonment

for 'life or a sentence of preventive detenti;on, one-third of the terni 'of . imprisonment imposed or four years, whichever is the lesser, bift in the

- case of a sentence of imprisonment of two years or more to• a federal „ penal institution, at least one year; .

(b). where the sentence of imprisonment is for life but not a sentence of ;preventive detention or a sentence of life imprisonment to which a sentence or death has been commuted, seven years; and

,(c)- *where: the sentence is one of life imprisonment to which a sentence of • death lias been commuted, ten years. "

(2) Notwithstanding subsection (1), where, in the . opinion of the Board ,speeial circumstances exist, the Board may grant parole to an inmate before he

- has .served,.the portion of his sentence of iMprisonment required under sub-section (1) to have been served before a parole may be granted.

3. (1) In the case of every inmate serving a sentence of imprisonment of , two years or more the Board shall

• (a) 'consider the case of the inmate as soon as possible after the .inmate has - been admitted to a prison, and in any event within six months thereof, and fix a date for his .parole review; .

'(b) review the case of the inn-late in order to decide whether or not ito.grant parole -and, if parole is to be 'granted, the date upon which the parole is to commence, on or before . ,

15

(i) the date fixed for the parole review pursuant to paragraph (a), or (ii) the last day of the . releyent portion of the term of . imprisonment .

•referred to in subge,C -tioni,(1) of section 2, whichever is the earlier; and

(c) where the Board, upon reviewing the case of an inmate, pursuant to para-graph (b), does not at that time grant parole to the inmate, pontintie to 'revioy,, the case of the _inmate at least once during every two years folloWiiiethé date thé case was previously reviewed Until pa,role is granted •

' or the Ëente•ee of the inmate is satisfied.

(2) Where an application for parole is made by or on behalf of an inmate , who is serving a sentence of imprisonment of less than •wo years,' the case shall be reviewed upon completion of all inquiries that the Board conSiders necessary but, in any event, not later than four Months after the application is received by the Board.

(3) :Nothing in this section shall be construed as limiting the authority of the Board to review thé case of an inmate at any thne during his 'term of imprisenment.

4. . (1) Where the Board' receives .an application to, suspend or revoke a ' sentence of whipping, the Board shall

(a) determine : forthwith if the sentence should be suspended pending further investigation and, if it was so determined, issue an order, accordingly;

(b) conduct such investigation as appears to be warranted in the circumstances; and

as soon aa possible after completing the investigation, . if any, referred to . liaragraph (b) •

(i) revoke the sentence, ' (ii) 'refuse to revoke the sentence,

(iii) suspend the sentence for .any period the Board May deem applicable, (iv) refuse to suspend the sentence, or (v). cancel the'order of suspension, if any, made pursuant to paragraph (a).

• (2) An order of suspension made pursuant' to subsection (1) expires .ten

days before the expiration of any term of imps risonment to which the convicted person, to whom the sentence of whipping relates, has been sentenced unless, béfore that day, the Board revokes the sentence of whipping.

5: Where thé Board receives an application to suspend or revoke an order made 'under the Criminal Code prohibiting a person from operating a motet vehicle, the Board shall ,•

(a)- conduct as quickly as possible such investigation as appears to be warranted in the circumstances; and

(I)) determine as soon as possible if the order should be suspended or revoked and, if it se decides, issue an order accordingly.

6. Where the Board suspends or revokes an order, inàde under the Criminal Code prohibiting a person from operating a meter vehicle, the suspension or revocation may'sbe' made upon such terms and conditions as the Board considers necessary or desirable. . .

(e)

16

APPENDIX II

P.S

NATIONAL PAROLE BOARD

Ottawa, Canada

CERTIFICATE OF PAROLE To Whom It May Concern

It is ORDERED b the - NATIONAL PAROLE BOARD that

, an • inmate in , who was

convicted of

, on the and was then and there sentenced to imprisonment in the

, fOr the term of.

be PAROLED,. upon the conditions showing on the reverse, on

• 19

or within days thereafter at the discretion of the Warden, and until

unless the • • said

, shall before the expiration of the said term be. convicted of an indictable offence punishable by imprisonment for a term of two years or more, in which case hi S parole is thereby forthwith forfeited, or unless there is cause for the National

\ Parole Board to alter, suspend or revoke the present Order.

Given under the hands and seal of the National Parole Board, - this day of

nineteen hundred and

NATIONAL PAROLE BOARD

By Secraary

(suAL)

17

PAROLE AGREEMENT

I clearly understand that I am still serving the sentence imposed but 1 am being granted parole to permit me to resu,me my activities as a citizen at large in the comniunity, under supervision. Therefore, in consideration of parôlé being granted to me, I solemnly agree:

. . • , 1. To remain, until the expiry of my sentence, Under the authority of the

National Parole Service Regional Representative in

• To forthwith proceed directly to

and, immediately upon arrival and at

least once a month thereafter, to report faithfully to

3. To-accept the supervision and assistance of my supervisor

• ' 4. To remain in .the immediate area of •

or as designated by the Regional Representative and, if I have good cause to leave this area, to obtain permission beforehand through. my supertilisor.

5. To endeavour to maintain steady employment and to report, at once to the Regional Representative through my supervisor, any change or termina-tion of employment or any •other change of circumstances such as accident or illness.

:t • 6. To secure advance approval from the Regional Representative, through my

supervisor, if at any time I wish .„ (a) purchase a motor vehicle; . • . '• (b) incur debts by ,borrowing money or instalment buying; (c) assume ' additional responsibilities, such as marrying; • (d) own or carry fire-arms or other weapons.

7. To abide by all instructions which may be given by my supervisor or by the Regional Representative through my supervisor, and especially with regard to employment, companions, hours, intoxicants, operation of motor vehicles, medical or psychiatric attention, family responsibilities, court obligations.

18

time« teeffle Q -nee %worm eeseeL (te (egeet

Uk.12 gtegffleele

ktibeiee. «ede. ,etteem,

ceeee*.,»ffltaD emtedii■ Kew* cell

TO abide'by these spécial conditions: To forthwith communicate with the - Regional Representative, 'through my supervisor; if I am arreSted or questioned by peace officers regarding . any offence.

10. , To obey the law and fulfill all my legal and • social responsibilities.

I have read, or have had read to me, and fully understand and accept the •Conditions; regulations and restrictions goVerning my rèlease on parole. I will • abide by and conform to them strictly. I .also understand that if I violate them in -.-

any manner, I may be recommitted.

(name) • (numb er)

Witnessed:

(title)

Date of leaving

SOL.GEN CANADA L B/B BL o

I III Ill 11 II i 0000016905

.1111i

DATE DUE

HV Street, T. George. 9308 Handbook on parole. S7h 1960