Media reports on crime often emphasize when an offender is eligible for parole and subsequently cover the results of the parole hearing. And for good reason — society deserves to know when the most egregious offenders can be (or are) released back into society.
What outrages most people in complex cases is the perceived audacity and lack of good sense that the parole board must have to make the decision to release an offender. When considering public perception of the justice system, I always struggle with this: How can a conclusion be drawn without all the necessary facts? Here, I will discuss just how difficult obtaining and being on parole is.
What is it like to be on parole?
Parole is extremely difficult for anyone to endure. An offender is under constant supervision of the state with very strict rules. For instance, many offenders are required to report any intimate relationships they have to their parole officer— so if you fail to mention that Tinder date to your parole officer, you can go back to jail…even if you haven’t committed any further crimes or broken any other rules. Among the most common terms placed on an offender’s release are wearing an ankle monitor bracelet, succumbing to house arrest, and not being allowed visitors. While I will concede that parole is certainly better than jail (especially the food options), make no mistake: it is not real freedom. Recall when the Covid-19 lockdown occurred, and we couldn’t leave our homes to enjoy a walk or purchase an overpriced coffee? That is the baseline level of restriction placed upon a parolee.
Who is eligible for parole?
Generally speaking, offenders sentenced to a penitentiary sentence (a sentence of 2 years or more left to serve), but not convicted of a homicide, will be eligible for parole after completing 1/3 of their jail sentence. Statutory release, on the other hand, occurs after 2/3 of an offender’s sentence is served. Statutory release is mandated, unlike parole, which is discretionary. In both forms of release, strict conditions are imposed, and breach of those conditions could result in a return to jail for the remainder of one’s sentence.
In cases where a homicide has occurred, an offender’s parole eligibility is often litigated in court, but can be agreed upon by all parties. That said, if someone is convicted of second-degree murder, they are not eligible for parole for a minimum of 10 years. In the case of first-degree murder, an offender is not eligible for parole for a minimum of 25 years.
How is parole decided?
In every case, the presiding parole board will carefully and meticulously scour over the offender’s file. The file will include a lengthy report prepared by the institutional parole staff that deep dives into the offender’s past, present, and prospects for the future. If the inmate is found with a weapon in jail, it will be included in the report. If an inmate is rude or aggressive towards their parole officer, it will be included in the report. If an inmate does not follow the rules while in jail, it will be included in the report. The offender’s criminal record and the judge’s reasons for sentencing will also be included.
Victims can participate in the parole hearing, and any victim impact statements from the sentencing hearing are accessible to the parole board. Everything the parole board needs to know is provided to them. They do not make their decision blindly or without taking extreme caution as to whether release is the appropriate decision in each case.
Rest assured: many offenders are denied parole. Paul Bernardo is an example. Yet, media outlets sensationalized the contemplation of Mr. Bernardo’s release back into society, even after his parole was denied. Lest we forget, Paul Bernardo has also been designated as a Dangerous Offender, which means that his jail sentence is indeterminate (the justice system equivalent of the phrase “don’t call us, we’ll call you.”).
Conversely, the infamous “Bathtub Sisters”—two Ontario youth who drugged and drowned their mother in January 2003 were both released early from jail. Unlike Bernardo, their prospects for rehabilitation were deemed high. One sister became a scientist, and the other graduated from law school. While their identities are forever protected under the Youth Criminal Justice Act, there have been no reports of any further criminal offences or instances of violence.
Why parole is necessary
While I don’t propose to contemplate the depths of despair and loss suffered by victims of crimes who then become retraumatized when an offender is released, hopefully there is some comfort in knowing that there is never true freedom on parole, and that parole is difficult to obtain. Parole is meant to safely transition an offender back into society, especially for those whose sentences are not life sentences. The reality must be digested: those not sentenced to life in prison or designated as Dangerous Offenders, will eventually be released.
What we should want as a society is a guided transition of offenders back into the public, under the careful supervision of parole officers and police. Parole does just that. If parole can prevent further offences and encourage an offender to change their life completely for the better, why shouldn’t we support it? Parole must be granted, and every member of the parole board understands the gravity and enormity of their decision. They do not take it lightly. And while nothing and no one is perfect, they deserve society’s trust in their ability to make the right decision in each case. The parole system in Canada is here to protect society — not put us at risk.
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DISCLAIMER The information in this article was correct at time of publishing. The law may have changed since then. The views expressed in this article are those of the author and do not necessarily reflect the views of LawNow or the Centre for Public Legal Education Alberta.
About Melody Izadi
