When an offender is sentenced to serve a period of incarceration, those who have been harmed, directly or indirectly, expect that the offender will serve the full length of a custodial sentence, or at least most of the sentence, behind bars. This mistaken belief often causes victims, survivors, and the general public to feel that the sentence handed down by the courts is inconsistent with what actually happens.75
The federal corrections and conditional release system is designed to gradually and safely return offenders, under supervision, back into society as law abiding citizens. For people without knowledge of this system, it can be challenging to navigate. Public Safety Canada’s National Office for Victims (NOV) acts as a central resource that works to improve victims’ experience with the system when an offender has been sentenced to two or more years in federal custody. To do this, NOV :
Between 2016 and 2020, the NOV held national roundtables76 to discuss the Canadian Victims Bill of Rights (CVBR), in the context of federal corrections and conditional release, with victims, their advocates, and victim service providers. These discussions made it clear that victims have a right to clear and simple information so they can fully understand and exercise their rights under the CVBR and so they can understand federal sentences administered by the Correctional Service of Canada (CSC):
In response to this feedback, the NOV publicly released several information products in November 2021, to help victims and the general public understand how federal sentences are calculated and how the timing of eligibility for conditional release works.77
When determining a fit sentence, courts are guided by the fundamental purpose of protecting society. Fit sentences must be tailored to reflect the circumstances of each case that relate to the seriousness of the offence and the responsibility of the offender. This framework provides courts with discretion to tailor sentences that can achieve one or more objectives, including denouncing the offender’s behavior, deter future crime, encourage rehabilitation, provide reparation and acknowledgement of the harm done to victims and to the community. There is a range of punishments courts can order to achieve these objectives, including imprisonment where other punishments are not appropriate to protect public safety.
The Criminal Code (CC) and the Corrections and Conditional Release Act (CCRA) determine how sentences of two years or more are calculated. The CCRA recognizes that victims and survivors have an important role to play in the criminal justice system. So it outlines what types of information can be disclosed to victims harmed by those who are under the jurisdiction of the Correctional Service of Canada (CSC) and the Parole Board of Canada (PBC). The CSC manages offenders of various security levels in federal institutions and supervises them when offenders have been released with conditions into the community. The PBC is an independent body that makes quality decisions on conditional release. In 2019–20, 13,720 people were serving their sentences in a CSC facility. In 2019–20, 13,720 people were serving their sentences in a CSC facility.78 They represented about 60 percent of the offenders under CSC ’s responsibility. The other 40 percent were being supervised in the community by CSC . Of that 40 percent, 7,062 had been released into the community on either day parole or full parole from a federal institution or Healing Lodge, and were supervised by the CSC .79
Under the CCRA a victim is someone who was harmed or suffered physical or emotional harm, property damage, or economic loss as the result of an offence being committed. If a victim has died, is ill, or is otherwise unable to act for themselves, the victim's spouse, common-law partner, relative, dependent, or anyone who has custody, is responsible for caring or supporting the victim, or is a dependent of the victim, may ask for and receive information about the offender on behalf of the victim.
The CCRA enables victims to follow an offender’s movement through the correctional system by receiving certain information, but first victims must provide their contact details and indicate what information they want to receive.80 This information includes the dates an offender will be eligible for release and what progress they are making to meet the objectives of their Correctional Plan.81
Victims may also provide information that is considered in decision-making by submitting a corrections and conditional release victim statement, which is different from the victim impact statement they may have submitted to the Court at sentencing and be told of the CSC ’s and PBC ’s decisions about the offender. In 2019–20, 8,857 victims received information about 5,045 offenders who had harmed them. Victims are most likely to register to receive information about the offender when they have suffered serious personal harm, for example, as a result of offences causing death or sexual offences.
The purpose of conditional release is to contribute to maintaining a just, peaceful, and safe society. This is done by making decisions on the timing and conditions of release that will best help offenders to rehabilitate and to reintegrate into the community as law-abiding citizens.82 In the federal corrections and conditional release system, sentence calculations determine two things:
Types of conditional release include:
Parole is a privilege rather than a right. Being eligible for parole does not mean an offender is automatically released. Except for full parole and statutory release, offenders must apply for all types of conditional release. WR , ETA , and some UTA s require a warden’s decision. All other decisions require a Parole Board decision.
Except for those serving a life sentence for murder or an indeterminate sentence because they have been named a DO , most people serving federal sentences are serving a definite sentence, which has a fixed length of time of two or more years. Those serving life and/or indeterminate sentences represented 25 percent of CSC ’s total population of offenders in 2019–20. Most offenders serving federal sentences return to the community at some point.
Victims can submit a statement at any time during an offender’s sentence. This can describe the effect the crime has had on them, their family, or the community; outline their safety concerns; and/or present their views on the offender’s risk to reoffend for decision makers to consider. It can also include a request for specific release conditions (a no-contact order or restrictions on where the offender can go) to be placed on the offender’s release. Information from victims is helpful when it is:
If the decision is one the PBC has made and a victim has asked for specific conditions, Board members are required to provide written reasons if they do not impose all of the conditions requested. Written reasons are not required if they impose some, but not all conditions. If the offender does not abide by the conditions of release, the Board can revoke their parole and return them to custody. Success rates in 2019–20 were 91 percent on DP and 88 percent on FP . About 8 percent of offenders on DP and 10 percent of offenders on FP had their parole revoked for breaching their conditions. Less than 1 percent of offenders released on DP and 2 percent on FP had their parole revoked for a new offence.
NOV released a booklet designed to help the reader better understand the various types of release and how public safety is maintained.83 It also released several fact sheets that outline the timing of release decisions for:
The PBC has discretion over whether or not to grant parole. This is based on a thorough risk assessment of all relevant information available. When they decide whether or not to grant parole, Board members carefully review the information provided by victims, the courts, correctional authorities, mental health professionals, and the offender. In arriving at a decision, the PBC considers a number of factors, but above all, it considers the protection of society.
When an offender is released, it can be stressful for victims who continue to have safety concerns. However, victims can take steps to ensure they are supported and to increase their sense of safety. Victims have a right to certain information (when an offender is eligible for parole and review dates). If the victim’s interest outweighs the invasion of the offender’s privacy, they can receive more information about the offender who harmed them, when they ask for it. For example, victims can ask for:
The following examples show when offenders become eligible for certain types of release.84 These examples are only estimates. For exact eligibility dates, victims must register with CSC or the PBC and keep their contact details up to date to receive accurate information.
Single fixed sentence: Normally, the full-parole eligibility date is one-third of a definite sentence or seven years, whichever is less. For example, an offender serving a 12-year sentence would be eligible for full parole four years after their sentence was imposed. However, just because an offender is eligible does not mean they will be automatically released. Offenders must apply for all types of conditional release except for full parole or statutory release. Full parole can only be be granted by the PBC .
A court may also impose long-term supervision when it judges that the risk presented by the offender can be managed in the community with the right kind of supervision for certain types of offenders (Figure 1).
Figure 1: Single 12-year sentence with Long-Term Supervision Order (LTSO)
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A timeline that illustrates a twelve-year sentence, the eligibility dates for an escorted temporary absence, an unescorted temporary absence, work release, day parole, full parole, and a long-term supervision order.
The sentence begins on January 15th, 2010, and lasts twelve years until the warrant expiry date on January 14th, 2022. The eligibility date for an escorted temporary absence (ETA) is any time during the sentence. In this case, the eligibility date for an ETA is the same date the sentence begins on January 15th, 2010. The eligibility date for an unescorted temporary absence (UTA) and work release is January 15th, 2012. This is two years into the sentence. This date is one sixth, or six months of the sentence, whichever is later. The eligibility date for day parole is July 15th, 2013. This is three and a half years into the sentence. This date is six months before full parole or six months of the sentence, whichever is later. The eligibility date for full parole is January 15th, 2014. This is four years into the sentence. This date is one third of the sentence or seven years, whichever is less.
The statutory release (SR) date is January 15th, 2018. This is eight years into the sentence. This date is after serving two thirds of the sentence. The long term supervision order beings on the warrant expiry date, which is January 14th, 2022, and lasts ten years until January 13th, 2032.
Source: Public Safety Canada 2021.
The procedures for designating an offender as a Long-Term Offender (LTO) (s.753.1 of the CCC ) and a DO are similar (s.753 of the CCC ). An application to the Court for a finding that an offender is a DO or a LTO may be made where individuals are convicted of offences such as sexual assault, forcible confinement, invitation to sexual touching, sexual exploitation, aggravated sexual assault, and sexual assault with a weapon or procuring. The same procedure is used for a person who committed another offence with a sexual component (e.g., break and enter with the intent to commit a sexual assault).
Every offender under long-term supervision remains under CSC supervision and is subject to standard conditions: they must report any change in their financial situation to their parole supervisor, and they must follow special conditions imposed by the PBC . These include being required to reside in a community-based residential facility or a psychiatric facility.
The timeline in Figure 1 illustrates a 12-year sentence with an LTSO and the dates an offender is eligible for various types of release. Assume the sentence began on January 15, 2010 and lasted 12 years until the warrant expiry date on January 14, 2022. The eligibility date for an ETA is any time during the sentence. In this case, the date an offender is eligible for an ETA is the same date the sentence began, on January 15, 2010.
The date an offender is eligible for a UTA and work release is January 15, 2012, two years into the sentence. This date is one-sixth, or six months of the sentence, whichever is later. The date an offender is eligible for a DP is July 15, 2013, three and a half years into the sentence, six months before full parole or six months of the sentence, whichever is later. In this case, the offender is eligible for FP on January 15, 2014, four years into the sentence, one-third of the sentence or seven years, whichever is less. The SR date is January 15, 2018, eight years into the sentence, after the offender has served two-thirds of the sentence. The long-term supervision order begins on the warrant expiry date, January 14, 2022, and lasts ten years, until January 13, 2032.
Multiple sentences: Combining types of sentences, sentencing dates, and possible interventions, such as suspending, ending, or revoking a release, can make calculating when an offender is eligible for parole and other forms of conditional release very complicated. When multiple sentences merge, dates an offender is eligible for release are recalculated on the basis of the new single sentence. However, there are two important rules for imposing additional sentences.
First: An offender who receives a new consecutive or concurrent sentence will have that sentence merged with the current sentence. From the date the new sentence is imposed, before they become eligible for parole, the offender must serve the remaining period for which they are ineligible for parole onto the existing sentence. To that they must add a period that is equal to the period they are ineligible for parole for the new sentence.
Second: Under Canadian law, any definite sentences imposed in addition to a life sentence or indeterminate sentence must be concurrent rather than consecutive. However, the principle of adding parole ineligibility periods also applies when an offender serving a life sentence receives an additional definite sentence. This ensures that the new sentence directly affects the period during which the offender is not eligible for parole. When the sentence is for an offence other than murder, the period during which offenders are ineligible for parole may only be added to a maximum of 15 years from the date of the last sentence imposed (s.120.3 of the CCRA ).
In this case, the offender was sentenced to 3 years (36 months) in custody on January 15, 2010. Six months later, on July 15, 2010, the same offender was sentenced to 6 years (72 months) in custody (Figure 2).
Figure 2: Single three year sentence + 6-year sentence to be served concurrently
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This timeline illustrates a six year concurrent sentence. The concurrent sentence begins on July 15th, 2010 and lasts six years until the warrant expiry date on July 14th, 2016.
This timeline illustrates a three year sentence, and the eligibility date for full parole. The sentence begins on January 15th, 2010, and lasts three years until the warrant expiry date, on January 14th, 2013. The eligibility date for full parole is January 15th, 2011. This is one year into the sentence. This date is one third of the sentence or seven years, whichever is less.
Source: Public Safety Canada 2021.
The second sentence is to be served concurrently with the first sentence. In other words, the two sentences run at the same time. Under subsection 139(1) of the CCRA , the first and second sentences are combined into one sentence. The combined sentence begins on the start date of the first sentence (January 15, 2010) and ends on the expiration date of the second sentence (July 14, 2016). In this case, both sentences combined results in a sentence of six years and six months (Figure 3).
Figure 3: Total Combined Sentence = 6 years, 6 months
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This timeline illustrates a total combined sentence of 6 years and 6 months, and the eligibility dates for an escorted temporary absence, an unescorted temporary absence, work release, day parole, full parole, the statutory release date and the warrant expiry date.
The sentence begins on January 15th, 2010, and lasts 6 years and 6 months until the warrant expiry date on July 14th, 2016. The eligibility date for an escorted temporary absence (ETA) is anytime during the sentence. In this case, the eligibility date for an ETA is January 15th, 2010.
The eligibility date for an unescorted temporary absence and work release is February 14th, 2011. This date is one sixth or six months of the sentence, whichever is later. The eligibility date for day parole (DP) is on September 16th, 2011. This date is six months before full parole eligibility date or six months of the sentence, whichever is later.
The eligibility date for full parole is March 15th, 2021. This date is one third of the sentence or seven years, whichever is less. The statutory release date is May 16th, 2014. This date is two thirds of a sentence.
Source: Public Safety Canada 2021.
The timeline set out in Figure 3 illustrates a total combined sentence of six years and six months, and the dates offenders are eligible for various types of release.
The offender is eligible for FP on January 15, 2011, of the first three-year sentence, one year after the start of the sentence (one-third of the three years), and they are eligible for DP on September 16, 2011. This date is six months before the date they are eligible for full parole or six months of the sentence, whichever is later.
However, since the two sentences must be merged, the overall length of the sentence the offender must serve becomes six years and six months. This changes the date the offender is eligible for FP of the combined sentence to two years and two months (one third of six years and six months) after the start of the sentence. Therefore, the offender is eligible for FP of the combined sentence on March 15, 2012, the later of the two dates. Conditional release on DP and FP is not automatic. It is decided by the PBC .
Other dates in this example that offenders become eligible for conditional release include:
Figure 4: 3-year sentence + 6-year sentence to be served consecutively
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This timeline illustrates a total combined sentence of nine years, and the eligibility dates for an escorted temporary absence, an unescorted temporary absence, work release, day parole, full parole, the statutory release date, and the warrant expiry date.
The first sentence began on January 15th, 2012 and lasted nine years until the warrant expiry date on January 14th, 2021. The eligibility date for an escorted temporary absence (ETA) is at any time during the sentence beginning on January 15th, 2012.
The six year consecutive sentence began on July 15th, 2012. The eligibility date for an unescorted temporary absence (UTA) and work release is July 15th, 2013. The eligibility date for day parole is July 15th, 2014. The eligibility date for full parole is January 15th, 2015. The statutory release date is January 15th, 2018.
Source: Public Safety Canada 2021.
The timeline set out in Figure 5 illustrates a three-year sentence and a six-year sentence when they have been merged, consecutively, for a total combined sentence of nine years, and the dates an offender is eligible for the various types of conditional release.
The first sentence began on January 15, 2012, and lasted three years until the warrant expiry date on January 14, 2015. The date an offender is eligible for an ETA is at any time during the sentence, beginning on January 15, 2012.
The six-year consecutive sentence was imposed by the Court on July 15, 2012. It is consecutive because it follows the existing three-year sentence. The six-year sentence starts the day after the offender has completed the three-year sentence. The start date of the six-year sentence is therefore January 15, 2015. In the merged overall sentence of nine years, the date an offender is eligible for an unescorted UTA and work release is July 15, 2013. The date they are eligible for day parole is July 15, 2014. Full parole is January 15, 2015, and the statutory release date is January 15, 2018.
When the Courts hand down a life sentence for first-degree murder, many equate this with 25 years in custody. However, that is only the date the offender is eligible for full parole. If the offender is granted parole, they continue to be supervised in the community for life to ensure they abide by the conditions of their parole. Figure 6 illustrates a life sentence for first-degree murder as well as the dates the offender is eligible for an ETA , an UTA , WR , DP , and FP .
Life sentences begin on the date the offender is arrested and is taken into custody. In this case, it begins on January 15, 2010. The offender is eligible for an ETA on January 15, 2010, as soon as they are sentenced by the Court. A CSC warden may only grant an ETA for medical reasons, to attend court proceedings, or, at any time, with PBC approval.
Figure 5: Life sentence for 1st degree murder
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A timeline that illustrates a life sentence for 1st degree murder and the eligibility dates for an escorted temporary absence, an unescorted temporary absence, work release, day parole and full parole.
The sentence begins on January 15th, 2010, on the date of arrest and custody. The eligibility date for an escorted temporary absence (ETA) is any time during the sentence. In this case, the eligibility date for an ETA is the same date the sentence begins, on January 15th, 2010. An ETA may also be granted for medical reasons or to attend judicial proceedings or with PBC approval at any time.
The life sentence for 1st degree murder was imposed on January 15th, 2011. The eligibility date for an escorted temporary absence, an unescorted temporary absence, work release and day parole (DP) is January 15th, 2032. This is twenty two years into the sentence. This date is 3 years before full parole eligibility. The eligibility date for full parole is 25 years after the date taken into custody. In this case, the eligibility date for full parole is January 15th, 2035.
Source: Public Safety Canada 2021.
Since the life sentence for first degree murder was imposed on January 15, 2011, the date the offender is eligible for an UTA , WR , and DP is January 15, 2032, 22 years into the sentence. This date is three years before the offender is eligible for full parole. The offender is eligible for full parole 25 years after the date they were taken into custody. In this case, the date they are eligible for full parole is January 15, 2035.
When the Court finds the offender to be a Dangerous Offender, it may impose an indeterminate sentence (Figure 7). This sentence has no fixed end date. The timeline above illustrates the dates an offender who has been given an indeterminate sentence is eligible for conditional release. In the above timeline, the offender was arrested on January 15, 2010, and not released. They received an indeterminate sentence on January 15, 2011.
The date the offender is eligible for an UTA , WR , and DP is January 15th, 2014, four years into the sentence, and three years before they are eligible for full parole. In this case, the period of seven years that the offender is not eligible for full parole begins on January 15, 2010, the date they went into custody. That means the offender is eligible for full parole on January 15, 2017. Again, being eligible does not mean automatic release. Only the PBC can grant full parole.
Figure 6: Indeterminate Sentence
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This timeline illustrates an indeterminate sentence, the eligibility dates for an escorted temporary absence, an unescorted temporary absence, work release, day parole, and full parole.
The sentence begins on January 15th, 2010 on the date of arrest and custody. The indeterminate sentence begins on January 15th, 2011. The eligibility date for an escorted temporary absence (ETA) is any time during the sentence. In this case, the eligibility date for an ETA is the same date the indeterminate sentence begins, on January 15th, 2011. The eligibility date for an unescorted temporary absence, work release and day parole (DP) is on January 15th, 2014. This is four years into the sentence. This date is three years before full parole eligibility. The eligibility date for full parole is January 15th, 2017. This date is seven years after the date taken into custody.
Source: Public Safety Canada 2021.
Some victims and survivors no longer feel they need to stay involved with the criminal justice system once an offender has been convicted and sentenced for the crime they have committed. Others feel they need to continue to protect themselves and others from future harm and to have their voices heard throughout the offender’s sentence. One way victims can do this is to submit a statement to decision makers at CSC and/or PBC that details the effects the crime has had on them, their family, or their community; that outlines their safety concerns; and/or that presents their views on an offender’s risk of reoffending.
This statement is be kept on file throughout an offender’s sentence and correctional and parole officers can consider it at various decision points, especially when the PBC is assessing the risk of an offender returning to the community and the conditions that would be required to safely manage any risks as they reintegrate back into the community.
A victim may update their statement when decisions are being made about the offender’s release (for example, at a parole hearing) or at any time while the offender is serving a federal sentence whether they are in a federal facility or under supervision in the community. Another way victims may choose to have their voices heard is to prepare a victim statement and present it at the offender’s parole hearing where it would be considered by Parole Board members.
Victims who understand how a sentence of two years or more is managed and know the date at which an offender is eligible for consideration to be conditionally released back into society can then know when they will likely be notified.
With this knowledge victims are less surprised when they receive notifications, which can often give rise to significant emotional distress. Most often, when people are able to prepare themselves for upcoming events that they expect to be stressful, they can anticipate their needs and prepare to manage the emotional effect. This does not necessarily lessen the grief or emotional impact. But it can help them to manage their stress as the event approaches, during the event itself, and afterwards.
Victims of federal offenders who register (meet the definition of victim in the law and provide their contact details to CSC and/or PBC ) to receive information about an offender while they are under sentence can empower themselves when they
For more information about how sentences are calculated and how to stay informed, as well as the Canadian Victims Bill of Rights, visit the National Office for Victims (publicsafety.gc.ca).
Public Safety Canada. 2021. Sentence Calculation: An Explanation of the Basics of Sentence Calculation with Examples. Public Safety Canada, Ottawa. Accessed at: https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/2021-sntnc-clcltn/index-en.aspx
The contents of this article has been pulled from information previously developed by the National Office for Victims in collaboration with CSC (Correctional Service of Canada) and PBC (the Parole Board of Canada). See https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/2021-sntnc-clcltn/index-en.aspx
This number represents offenders “in custody in a CSC facility.” This includes all active offenders incarcerated in a CSC facility, offenders on temporary absence from a CSC facility, offenders who are temporarily detained in a CSC facility, and offenders on remand in a CSC facility.
Purpose and Principles of the correctional system, Corrections and Conditional Release Act, s. 100.
This is not an exhaustive list of examples.