Prior the current statutory release framework, offenders were given “remission credits” pursuant to the Prisons and Reformatories Act.[1] The relevant section stated that:

6. (1) Every prisoner serving a sentence, other than a sentence on conviction for criminal or civil contempt of court where the sentence includes a requirement that the prisoner return to that court, shall be credited with fifteen days of remission of the sentence in respect of each month and with a number of days calculated on a pro rata basis in respect of each incomplete month during which the prisoner has earned that remission by obeying prison rules and conditions governing temporary absence and by actively participating in programs, other than full parole, designed to promote prisoners’ rehabilitation and reintegration as determined in accordance with any regulations made by the lieutenant governor of the province in which the prisoner is imprisoned.

Computing remission credits

(2) The first credit of earned remission pursuant to subsection (1) shall be made not later than the end of the month next following the month the prisoner is received into a prison and thereafter a credit of earned remission shall be made at intervals of not more than three months.[2]

In spite of being sentencing by the sentencing judge and in spite of the existence of the National Parole Board of Canada, Parliament has created automatic statutory release provisions for most offences pursuant to the Corrections and Conditional Release Act.

For most offenders who are sentenced after November 1, 1992, that person is to be released with supervision after the completion of two thirds of the imposed sentence.[3]

Corrections Canada describes statutory release as follows:

Statutory Release requires federally sentenced offenders to serve the final third of their sentence in the community, under supervision and under conditions of release similar to those imposed on offenders released on full parole. Offenders serving life or indeterminate sentences are not eligible.

Offenders on statutory release are inmates who either did not apply for release on parole, or who were denied release on full parole. Statutory release can be denied, if a detention hearing determines that the offender will likely commit an offence causing harm or death, a sexual offence involving a child or a serious drug offence.[4]

A very cold and calculating description of releasing offenders. It is not as cuddly and comforting as the values of the National Parole Board.

In 2006, 2042 offenders were statutory released, a number that represents 9.4% of the federal prison population.[5] Surprisingly, this number has been consistent since 1996. [6]

In terms of successful completion, the statistics seem to support that the majority of statutory released offenders are compliant

[7]

It is unclear is the public would be eager to claim success at a 60% rate of completion. Further, when one looks closely at the numbers, the public ought not to derive much confidence. [8]

When 30% of offenders breach their release conditions, how can the public be confident in such a system? When an average of 3% of released offenders commit violent offences, how can the public have confidence in a system that automatically releases individuals before their sentence is completed?

Furthermore, the numbers are in contradiction to statistics held by the National Parole Board. They have indicated that between 1994/95 and 2002/03, offenders on statutory release accounted for 63% of all violent offences committed by offenders on conditional release, while offenders on day parole accounted for 18% and offenders on full parole accounted for 19%.[9]

The National Parole Board has gone even further to conclude, that those on statutory release are “far more likely to be convicted for violent offences while on statutory release than on day or full parole”.[10] Clearly, this is one board trying to distance themselves as far away as possible from this form of release.

There is a dichotomy between the National Parole Board (who seem to dislike statutory release) and Corrections Canada (who are required to regulate the prison population).

The philosophies of these two approaches are also reflected with how offenders are supervised after release. Between 1994/95 and 2002/03, while on parole, the average supervision for full parole was 25.6 months.

However, those released on statutory release are left to the wind to fend for themselves at a rate of 6.7 months of supervision.[11] Offenders released on statutory release were far more likely to have had their releases revoked because of a breach of condition than federal offenders on day parole or full parole during each of the last five years.[12]

Clearly, those being statutorily released are not receiving adequate support and supervision in comparison with those on parole.

[1] Prisons and Reformatories Act, R.S.C. 1985, c. P-20.
[2] Ibid.
[3] supra note 8 at s. 127(3).
[4] http://www.csc-scc.gc.ca/text/faits/fac03-04_e.shtml
[5] Corrections and Conditional Release Statistical Overview, 2006 at pg 38.
[6] Corrections and Conditional Release Statistical Overview, 2006 at pg 81.
[7] Corrections and Conditional Release Statistical Overview, 2006 at pg 105.
[8] Corrections and Conditional Release Statistical Overview, 2006 at pg 106.
[9] Performance Monitoring Report (National Parole Board, 2004) at pg 6.
[10] Ibid at pg 13.
[11] Supra note 22 at pg 12.
[12] Supra note 22, at pg 15.