Policy Bulletin 578
Why was the policy changed?
This Interim Policy Bulletin provides clarification on legislated parole review timeframes for Dangerous Offenders serving indeterminate sentences.
In April 2015, An Act to Bring Fairness for the Victims of Violent Offenders (Bill C-479) amended the Corrections and Conditional Release Act (CCRA) to increase the maximum time between subsequent legislated (automatic) parole reviews following a PBC decision to deny parole for offenders convicted of an offence involving violence (i.e. murder or any offence set out in Schedule I) from 2 years to 5 years (or 4 years following cancellation/termination of parole).
Following a recent court matter, it was determined that Dangerous Offenders (including Dangerous Sexual Offenders and Habitual Offenders) serving indeterminate sentences should not be subject to subsections 123(5.01) and 123(5.2) of the CCRA with respect to the timing of their next legislated review.
These offenders are subject to a separate regime under subsections 761(1) and 761(2) of the Criminal Code of Canada (CCC).
As such, legislated reviews for Dangerous Offenders serving indeterminate sentences would be pursuant to the CC and scheduled 23 months from the date of the decision, and for Dangerous Sexual Offenders (including habitual offenders) where the indeterminate period was imposed before October 15, 1977, it would be scheduled 11 months from the date of the decision.
What has changed?
When the CD is next updated, the following paragraph will be added to CD 712-1, Pre-Release Decision-Making under the Automatic Parole Reviews section in the policy.
53. For Dangerous Offenders (including Dangerous Sexual Offenders and Habitual Offenders) serving an indeterminate sentence, legislated (automatic) parole reviews will occur in accordance with section 761 of the Criminal Code.
In addition, paragraph 52 will be adjusted as follows:
52. For offenders convicted of an “offence involving violence” (refer to CCRA definition in Annex A), with the exception of offenders referred to in paragraph 53, automatic parole reviews by PBC will occur in accordance with subsection 123(5) of the CCRA.
How was it developed?
These amendments were developed by the Reintegration Operations Branch in collaboration with Strategic Policy, Legal Services and the Parole Board of Canada.
Who will be affected by the policy?
All Case Management Staff
For more information
- Government-wide Forward Regulatory Plans
- The Cabinet Directive on Regulatory Management
- The Red Tape Reduction Action Plan
- The Canada–United States Regulatory Cooperation Council
- Date modified :