Parole hearings and appeals
There are two main types of parole for federal inmates (those serving their sentences in a federal prison): day and full parole.
Day parole generally means being release to live at a halfway house.
Full parole means being released to live at a private residence.
Inmates need to apply for day parole, and it normally takes 6 months to get a hearing after applying. Applications are technically not needed for full parole. However it is still advisable to submit application material for the Parole Board to consider.
Federal parole is administered by the Parole Board of Canada, usually through an oral hearing.
If parole is not granted by the time a federal inmate reaches two-thirds of their sentence, they will normally be released on statutory release. However, the Correctional Service of Canada can apply to the Parole Board for an inmate to be detained for the last third of their sentence. If such an application is made, the inmate is entitled to a detention hearing.
Borys Law has represented hundreds of inmates on day and full parole hearings, as well as detention hearings. If you or your loved one are incarcerated and want to get out as soon as possible, contact us to discuss how we can help.
There are also other less common types of parole/temporary release, including escorted temporary absences, unescorted temporary absences, and parole by exception. Borys Law has experience with all of these as well.
Parole for provincial inmates (those serving their sentences in a provincial jail) generally means being released to live at a private residence.
Inmates serving provincial sentences of longer than 6 months are automatically scheduled for a parole hearing around one-third of their sentence. Inmates serving sentences of less than 6 months need to submit an application for parole.
Because there are no parole officers in provincial institutions to assist inmates with developing their release plan, it is very important that provincial inmates prepare their own detailed release plan to address their risk risk factors.
Borys Law has extensive experience assisting inmates with developing their release plans and representing them at their hearings before the Ontario Parole Board. If you or your loved one are incarcerated and want to get out as soon as possible, contact us to discuss how we can help.
If parole is not granted by the time a provincial inmate reaches two-thirds of their sentence, their sentence will normally be truncated, and they will be released, based on earned remission for good behaviour. However, inmates can lose their earned remission, which would result in them remaining incarcerated past two-thirds of their sentence.
Provincial inmates are also eligible for temporary absences at any point in their sentence, if they can establish a valid purpose for the temporary absence. These temporary absences can be for any length of time (renewable every 60 days) and can flow straight into parole.
Borys Law also has experience assisting inmates with temporary absences. Contact us to discuss whether you may have a valid purpose for a temporary absence and how we can help obtain this form of release.
Inmates who are out on federal or provincial parole, or statutory release, can have their parole suspended if they breach any of the conditions of their parole, if they incur new criminal charges, or if it is deemed necessary to protect society.
Suspended inmates are entitled to a post-suspension hearing before the Parole Board of Canada (federal inmates) or the Ontario Parole Board (provincial inmates).
Borys Law has represented many inmates in both federal and provincial post-suspension hearings and helped to secure their release back onto parole. If you or your loved one have had their parole suspended, contact us to discuss how we can help.
Federal parole, temporary absence, detention hearing, and post-suspension decisions can be appealed within 60 days of the decision (extended temporarily to 90 days during COVID). Conditions of release can also be appealed within the same time frame.
Provincial parole, temporary absence, and post-suspension decisions can also be appealed. There is no specific time frame for this.
Borys Law has successfully argued appeals for all types of federal and provincial parole and temporary absence.