Understanding How Sentences of Two Years or More in Custody are Calculated

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

Background

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

How are sentences calculated?

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.

Understanding conditional release

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: