Corrections in Ontario

Ontario’s Correctional Services is part of the Ministry of the Solicitor General (SOLGEN), which:

• establishes, maintains, operates and monitors Ontario’s adult correctional institutions and probation and parole offices
• has jurisdiction over adult offenders under parole supervision, as granted by the OPB
• provides programs and facilities designed to assist in offender rehabilitation

To learn more about Ministry of the Solicitor General (SOLGEN) and the services and programs they offer, visit SOLGEN‘s website.

Applicants who are under the age of 18 years and sentenced to an adult sentence are also eligible to apply for parole; however, those who are under the age of 18 years and sentenced under the Youth Criminal Justice Act are not generally eligible for parole. For more information on parole eligibility, please contact the correctional institution. A list of provincial institutions can be found on SOLGEN’s website.

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The Ontario Parole Board

The Ontario Parole Board (OPB) makes parole decisions for applicants serving a sentence of less than two years in a provincial correctional institution. An applicant is the person who committed an offence and for whom parole is being considered. In other settings, applicants may be referred to as “offenders” or “inmates”. The OPB also decides on applications for temporary absences from a correctional institution for greater than 72 hours.

Under the authority of the Ministry of Correctional Services Act, the OPB can:

• grant parole/temporary absence with conditions that are considered necessary
• deny parole/temporary absence
• suspend a parolee’s parole and authorize the re-committal of the parolee to custody
• lift the suspension of the parole or revoke parole
• cancel a temporary absence that it has granted

When considering parole and temporary absence applications, public safety is the OPB’s highest priority.

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Parole in Canada

The Parole Board of Canada (PBC) is an administrative tribunal that makes parole and conditional release decisions for applicants serving sentences of more than two years in federal and territorial institutions.

The PBC also has the authority to make parole and conditional release decisions for applicants serving sentences of less than two years in provinces that do not have their own parole board.

In Canada, there are three provincial parole boards in addition to the PBC:

• Ontario Parole Board
• Commission québécoise des libérations conditionnelles (Québec)
• Alberta Parole Board

Parole eligibility

Parole is the early release of an applicant from a correctional institution into the community under the supervision of a Probation and Parole Officer. Parole is an opportunity for an applicant to serve the remainder of their sentence in the community under certain conditions.

An applicant is eligible for parole after completing 1/3 of their sentence. This is called the Parole Eligibility Date (PED). If an applicant is serving a sentence of 6 months or more, they will automatically be scheduled for a parole hearing. The Institutional Liaison Officer (ILO) will advise the applicant of their PED at the start of their sentence. The ILO will discuss their options with them 8 to 10 weeks before their PED.

If an applicant is serving a sentence of less than 6 months, they must apply if they want to be considered for parole. The ILO can help them with their parole application.

Parole is never guaranteed. The Ontario Parole Board (OPB) must consider all applicants serving sentences of 6 months or more for parole before their PED, but it does not mean parole will be granted.

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Temporary absences

The OPB has authority to grant temporary absences for periods of 72 hours or more. The Temporary Absence program allows an applicant to be away from the correctional institution, without escort, for a defined period of time (up to sixty days).

A temporary absence may be granted to help the applicant with their rehabilitation and successful reintegration into the community, or for medical or humanitarian reasons. A temporary absence can be requested without having applied for parole or after parole has been denied.

An applicant is eligible to apply for a temporary absence at any time during their sentence. For more information or if an applicant wishes to apply for a temporary absence, they should request to speak to the Temporary Absence Coordinator at the institution.

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Applying for parole

An applicant is the person who committed an offence and for whom parole is being considered. In other settings, applicants may be referred to as “offenders” or “inmates”.

If an applicant would like to apply for parole, they must speak with the ILO or their Native Institutional Liaison Officer (NILO) at the institution. The liaison officer will help the applicant develop a Parole Release Plan for the OPB to consider when deciding to grant or deny the application.

If an applicant would like to apply for a temporary absence, they must speak with the Temporary Absence Coordinator in their institution. The coordinator is responsible for reviewing all applications, obtaining community reports and providing recommendations to the applicant.

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Giving up rights to parole

Applicants also have the option to give up (waive) their right to a hearing or parole consideration.

If an applicant decides to give up their right to be considered for parole, the OPB will not hold a hearing and will not consider them for parole.

If an applicant decides to give up their right to a parole hearing, the OPB will still consider whether they should or should not be released on parole. For more information, see Parole Consideration without a Hearing.

The ILO can help applicants who wish to give up their rights to parole with the process.

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Parole consideration without a hearing

If an applicant decides to give up their right to a parole hearing, the OPB will still consider whether they should or should not be released on parole. This is called a Non-Hearing Parole Consideration (NHPC). When the OPB grants or denies an applicants’ parole, it will send them a copy of its decision by mail. The ILO can help the applicant through the process if they do not want a parole hearing or parole consideration.

If an applicant has given up their right to a parole hearing (but not their right to parole consideration), they may change their mind at any time before the OPB makes a decision by notifying the OPB in writing through the ILO. The OPB will schedule a hearing for the applicant. If the OPB has already made a decision by the time the applicant changes their mind, they will need to request a review of the decision (see Decisions for more information).

Parole hearings

A parole hearing is a proceeding before the Ontario Parole Board (OPB) to determine whether an applicant can safely be released from custody back into the community before the end of their custodial sentence. During the parole hearing, applicants are given an opportunity to tell the OPB why they should be granted parole.

If an applicant has a hearing, it does not mean they will be released on parole. The decision to grant or deny parole is based on the careful review of all relevant information in the applicant’s file, a victim submission (if one has been provided) and any other relevant information provided to the OPB, including submissions from the applicant during the hearing.

The purpose of the hearing is for the OPB to assess the risk of granting parole by obtaining information directly from the applicant and other participants. If parole is denied, the applicant will be informed of the reasons why parole was denied.

The OPB will review an applicant’s case in one of three ways:

• Electronic hearing
• In-Person
• Paper: If an applicant has waived their right to a hearing, the OPB will review their file and make a decision without meeting them (this is called a non-hearing parole consideration)

If an applicant has a scheduled hearing, they may ask the OPB for permission to allow a family member, friend or lawyer to attend the hearing to assist or support them. Applicants have the right to a hearing in either French or English, and can request an interpreter if French or English is not their first language. Applicants can also request an accommodation if they require any disability-related accommodations. The Institutional Liaison Officer can help them make these requests.

Please note that cameras or recording devices of any kind are not permitted at OPB hearings.

Overview

A Circle Hearing is an alternative method to a mainstream parole hearing and is conducted with the same desired outcome, which is to assess the risk of granting parole.

Circle Hearings are led and facilitated by Elders who are considered the gatekeepers of Indigenous knowledge and history and hold critical roles in Indigenous communities.

The role of an Elder in a Circle Hearing can include:

• facilitating the Circle Hearing process
• providing culturally appropriate support to the applicant
• providing advice and guidance to the Ontario Parole Board (OPB) members

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Purpose of Circle Hearing

The OPB is committed to its responsibility to be responsive to the special needs of Indigenous peoples.

The purpose of a Circle Hearing is to create an environment that facilitates a culturally appropriate hearing process for Indigenous applicants (First Nations, Inuit and Métis) – one that will allow OPB members to gain a better understanding of the applicant’s unique circumstances and assess culturally appropriate parole release plans. The Circle Hearing creates a non-confrontational environment for a hearing and welcomes the presence and contribution of an Elder.

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Protocols of a Circle Hearing

In the case of an in-person hearing, after a Circle Hearing is opened by an Elder with a blessing or a ceremony, the Elder sets out the process for the hearing and passes the Eagle Feather to the applicant, who is the first to speak.

In virtual hearings, the protocol of a Circle Hearings are still respected.

After a Circle Hearing is opened by an Elder with a blessing or a ceremony, the Elder sets out the process for the hearing and may reference the Eagle Feather to the participants of that Circle.

In a virtual Circle Hearing, only the person holding the virtual Eagle Feather has the right to speak as directed by the Elder.

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Participants of a Circle Hearing

In the case of an in-person Circle Hearing, participants sit together in a circle. As the Eagle Feather makes its way around the circle, all participants are given the opportunity to speak, building a relationship of trust and increasing the strength of the circle.

In virtual hearings, while participants cannot sit in a circle, the protocol of that Circle Hearing will still be respected. As the virtual Eagle feather makes its way around the circle, as directed by the Elder, all participants are given the opportunity to speak, building a relationship of trust and increasing the strength of the circle.

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Requesting a Circle Hearing

The applicant may complete the Request for Indigenous Circle Hearing Form which can be obtained from the Institutional Liaison Officer at the institution. On the form, the applicant should indicate which Indigenous community they identify with and any special requests related to their cultural protocol.

How the OPB makes a decision

When deciding whether to release an applicant on parole, the Ontario Parole Board (OPB) looks at all relevant and available information, including the applicant’s parole release plan. The OPB will decide if the applicant’s release on parole will put the public at undue risk and whether their release will support their safe and successful reintegration back into the community. The safety of the public is the most important consideration for the OPB.

The OPB may take a few days to come to a decision or it may make a decision at the end of the hearing. The applicant will receive a copy of the written decision and the reasons for the decision. This will typically take five business days but in any event no later than the applicant’s Parole Eligibility Date. The OPB will distribute the written decision to SOLGEN staff so it may be added to the applicant’s file.

If the applicant has been granted parole, any conditions they must follow upon release will be included in the written decision.

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Requesting a review of an OPB decision

If an applicant does not agree with the OPB’s decision, they may request a review of the decision by completing and signing a Request for Review of Parole Decision Form. An applicant’s legal representative may also submit a request for review on their behalf.

While preparing a request for review, applicants should carefully read the OPB’s decision denying their parole. In their review request, they can tell the OPB why they should have been granted parole and why they think the OPB’s decision is wrong.

Applicants should also refer to the Parole Denied Information Sheet that is provided to all applicants along with the OPB’s decision and contains helpful information about requesting a review of the OPB’s decision.

If an applicant’s request for review is denied, they may ask a court to review the OPB’s decision. This is called a request for judicial review. The OPB cannot assist an applicant with their application for judicial review.

Resources

• Your Guide to Parole in Ontario
• Parole Denied Information Sheet
• Parole Grant Information Sheet
• Hearing and Parole Consideration Waiver Form
• Parole Application for sentence less than six months
• Request for Assistant to Attend Hearing
• Request for Review Form
• An Active Partner in Canada’s Journey to Reconciliation
• A Guide to Parole in Ontario for Victims and Their Families
• Request for French Language Services Form
• OPB: Practice Guidelines

For information about the Ontario Parole Board (OPB) legislation and practice directions, see laws and regulations.

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OPB updates

• Ontario Parole Board Updates – August 31, 2022
• Ontario Parole Board Updates – April 27, 2020

Application and processing timelines

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