Parole, Statutory Release & Criminal Records

Parole allows a person to serve the all or part of their sentence out of prison. The two types of parole are day parole and full parole. While on parole, offenders are always subject to conditions and monitoring.

In Saskatchewan, the Parole Board of Canada (the Board) decides if a person gets parole. The Board assesses the person's case to make this decision. Parole is never automatic.

The Board considers and decides parole applications through a review process. In most cases, offenders must request a hearing for parole. Offenders must first serve a portion of their sentence before they become eligible for parole. The amount of time they must first serve depends on the length of their sentence.

In making any decision about parole, the Board's primary goal is to protect society. The Board can only grant parole if, in its opinion:

• the offender will not present an undue risk to society by reoffending, and
• the release of the offender will help reintegrate them into society as a law-abiding citizen

Day parole is, as the name suggests, parole for the day. Offenders must return to wherever they are held for the night unless otherwise authorized. The purpose of day parole is to prepare the offender for full parole or statutory release. It allows the offender to participate activities based in the community.

A person becomes eligible for day parole:

• during a sentence of less than 2 years, after serving one sixth of their sentence
• during a sentence of 2 to 3 years, after serving 6 months of their sentence
• during a sentence of more than 3 years, 6 months before their eligibility for full parole
• during a life sentence, 3 years before their eligibility for full parole

A person usually becomes eligible for full parole after serving one third of their sentence or 7 years, whichever is less. A judge can increase this to the lesser of one half or 10 years for violent offenders or serious drug offenders.

The period before a person convicted of murder can be granted parole is different. A person convicted of first degree murder must generally wait 25 years before they can get full parole. A judge may set the period for second degree murder at 10 to 25 years. Those convicted of murder may apply to have their parole date reduced after they have served at least 15 years of their sentence. This is sometimes called the “faint hope clause”.

If the Board grants full parole, the person is released from prison. The offender must comply with certain conditions of their release. They must also regularly see a parole officer until the date the original sentence was scheduled to end.

It is important to distinguish between parole and statutory release. Parole is a discretionary type of conditional release. For parole, Board members assess an offenders' risk to the community.

Under statutory release, however, most inmates are allowed to serve the last one-third of their sentence out of prison. This happens if the Board has not already granted full parole. Statutory release is automatic, not discretionary, with some exceptions. Persons serving life sentences or indeterminate sentences are not eligible for statutory release.

The Correctional Service of Canada has the authority to refer some statutory release cases to the Board. They can do this if they have a concern that the offender, before the end of their sentence, is likely to commit a serious crime. If the Board decides that this is likely, the statutory release will be stopped and the offender will remain in custody. The Board is required to review orders for continued detention annually.

The Board may allow a special "one chance" statutory release if they think an offender is unlikely to commit a serious crime. In this case, if the person breaks the conditions of their release and the Board revokes the statutory release, they must serve the rest of their sentence in prison. The person does not get another chance for statutory release.

If you are convicted of a crime, you will have a criminal record. This can affect things like work and travel. Employers can ask for a criminal record check before hiring you. Agencies that use volunteers may also ask for a criminal record check. Other countries may have rules that do not allow people with criminal records to enter their country.

In most cases, you can apply for a record suspension after a certain waiting period. You will still have a conviction, but it will not appear in the Canadian database that is used to check for criminal convictions. This can make it easier to find employment or take part in educational programs. Travel outside of Canada may still be affected as your record could appear in other databases.

You cannot apply for a record suspension right away. You must complete your entire sentence, including your probation period, plus the required waiting period. The waiting period can be 5 to 10 years depending on the offence and does not begin until you have completed your sentence. There is an application fee. Those convicted of certain offences related to cannabis can apply before these waiting periods are up. There is no fee for these applications.