If you’ve been charged with a criminal offence in Canada, it’s essential to understand parole and probation orders. These tools are designed to rehabilitate offenders while safeguarding public safety. The page breaks down the essentials of parole and probation to help you navigate the legal system effectively.
Parole: A Pathway to Conditional Release
Parole allows offenders to serve part of their sentence in the community under supervision. It’s intended to support reintegration into society while reducing the risk of reoffending. Parole is not automatic; it requires approval from the Parole Board of Canada following a rigorous assessment.
Types of Parole
- Day Parole: Enables offenders to leave custody during the day for specific purposes, such as work or education, while returning to a facility at night.
- Full Parole: Allows offenders to live in the community full-time under supervision for the remaining duration of their sentence.
Questions about your parole eligibility? Call (855) 585-1777 to speak with a criminal defence lawyer today.
Eligibility Criteria
- General Eligibility: Offenders typically become eligible for parole after serving one-third of their sentence or seven years, whichever is shorter.
- Statutory Release: By law, most offenders must be released after serving two-thirds of their sentence, unless they are deemed likely to commit a serious offence.
Parole decisions are based on factors such as the nature of the offence, the offender’s behaviour in custody, and their likelihood of reoffending.
Probation: Conditions for Community-Based Sentencing
Probation is a sentencing option aimed at rehabilitation and reducing the likelihood of reoffending. It may accompany other sentences, such as fines or short-term incarceration, and includes mandatory and optional conditions.
Mandatory Conditions of Probation
Every probation order requires offenders to:
- Keep the peace and be of good behaviour.
- Attend court as required.
- Notify the court or probation officer of any changes to address, name, or employment.
Breached parole conditions? Call (855) 585-1777 for immediate assistance from an experienced criminal lawyer.
Optional Conditions of Probation
Depending on the case, the court may impose additional conditions, such as:
- Abstaining from drugs or alcohol.
- Attending counselling or treatment programs.
- Performing community service (up to 240 hours within 18 months).
- Avoiding specific people or locations.
Probation orders can last up to three years and are tailored to individual circumstances to promote rehabilitation and public safety.
How Parole and Probation Differ
While both parole and probation involve supervised release, they differ significantly in purpose and application:
| Parole | Probation | |
| Purpose | Reintegration after incarceration | Rehabilitation as part of sentencing |
| When Applied | Post-incarceration | At the time of sentencing |
| Supervision | Parole officers | Probation officers |
| Duration | Linked to sentence length | Maximum of three years |
Complying with Conditions
Failure to comply with parole or probation conditions can lead to severe consequences, including revocation of parole or new criminal charges. Common conditions include:
- Regular Reporting: Meeting with a parole or probation officer.
- Substance Restrictions: Abstaining from drugs or alcohol unless prescribed.
- Restricted Areas or People: Avoiding certain locations or individuals.
- Electronic Monitoring: Compliance may be monitored through devices.
To avoid complications, it’s crucial to understand and follow all conditions attached to your release.
Need help appealing a parole board decision? Call (855) 585-1777 to connect with a seasoned criminal defence lawyer.
Special Rules for Young Offenders
The Youth Criminal Justice Act (YCJA) governs parole and probation for individuals under 18. These measures focus on rehabilitation and include tailored conditions like mandatory education or counselling programs.
Challenging Parole or Probation Decisions
If you believe a parole or probation condition is unfair or overly restrictive, you may have the right to appeal or request a variation:
- Parole: Decisions can be appealed to the Parole Board of Canada.
- Probation: You can apply to the court to modify optional conditions.
Legal advice can be invaluable in navigating these processes.
Don’t Face Your Criminal Charge Alone
An experienced criminal defence lawyer is vital when dealing with criminal charges. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you are facing criminal charges. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.