The Difference Between Parole and Probation in Ontario

Understanding the difference between parole and probation in Ontario is crucial if you or a loved one is facing criminal charges or has been convicted of a crime. Although these terms are often used interchangeably, they represent two distinct parts of the criminal justice system with unique processes, conditions, and outcomes. Both parole and probation serve as alternatives to incarceration, but they operate under different legal frameworks and are granted under different circumstances.

In this comprehensive guide, we will explain the key differences between parole and probation, including how they are granted, their conditions, the legal process, and what happens if the terms are violated. Whether you’re navigating the justice system yourself or trying to support someone who is, understanding these concepts can help you better manage the complexities of the law.

What is Parole?

Parole is a form of conditional release granted to individuals who have been serving a prison sentence. It allows offenders to serve the remainder of their sentence in the community, under supervision, instead of in custody. Parole is typically granted after an individual has served part of their sentence, depending on factors such as the severity of the crime and their behaviour while incarcerated.

Parole is overseen by the Parole Board of Canada (PBC), which is responsible for deciding whether an offender is eligible for release based on a number of factors, including the risk they pose to society and their potential for rehabilitation. Parole is not a right; it must be earned by demonstrating good behaviour, remorse, and a commitment to reintegration into society.

Types of Parole in Ontario

There are different types of parole in Ontario, each with its own conditions and requirements:

1. Day Parole
   • Day parole allows an offender to leave the correctional facility during the day to participate in work, education, or rehabilitation programs. However, they must return to the institution or a halfway house in the evening. Day parole is typically granted to help offenders transition back into society in preparation for full parole or the completion of their sentence.
2. Full Parole
   • Full parole is a conditional release that allows an offender to serve the remainder of their sentence in the community under supervision. Offenders on full parole must comply with specific conditions set by the Parole Board, and they are regularly monitored by a parole officer. These conditions often include regular check-ins, abstaining from illegal drugs or alcohol, and avoiding contact with certain individuals.
3. Statutory Release
   • In Canada, most offenders are automatically eligible for statutory release after serving two-thirds of their sentence, even if they have not been granted parole. Statutory release comes with conditions similar to parole, and offenders can be returned to prison if they violate these conditions. Statutory release is different from parole in that it is automatically granted unless the Parole Board believes the offender poses a high risk of reoffending.

Conditions of Parole

While on parole, offenders must comply with several conditions to remain out of custody. Failure to comply with these conditions can result in being returned to prison. Common conditions of parole include:

• Regular reporting: The offender must check in with a parole officer on a regular basis.
• Residence requirements: The offender may be required to live at a specific address or halfway house.
• No-contact orders: The offender may be prohibited from contacting certain individuals, such as victims of the crime.
• Abstaining from drugs or alcohol: In some cases, offenders are required to abstain from alcohol or drugs while on parole.
• Curfews: The Parole Board may impose curfews to ensure the offender is at home during specific hours.

What is Probation?

Probation is a court-imposed sentence that allows an individual to serve their sentence in the community under specific conditions instead of going to prison. Probation is typically granted as part of a sentence for less serious crimes, such as minor assaults or theft, or as part of a suspended sentence. Probation may be ordered alone or in combination with a short period of incarceration.

Unlike parole, probation is granted by a judge at sentencing and is not related to time served in prison. Probation is overseen by probation officers, who monitor the individual’s compliance with the terms of their probation.

Conditions of Probation

Individuals on probation are required to follow specific conditions set by the court. These conditions vary depending on the crime committed and the individual’s circumstances but generally include:

• Regular reporting: The individual must report to a probation officer as directed by the court.
• Keeping the peace: The individual is required to obey all laws and refrain from any further criminal activity.
• Community service: In some cases, individuals on probation are required to complete a set number of community service hours.
• Counselling or treatment programs: The court may order the individual to attend counselling, anger management, or drug rehabilitation programs as part of their probation.
• No-contact orders: Similar to parole, individuals on probation may be prohibited from contacting certain people, such as the victim or co-accused.
• Residence restrictions: Probation may require individuals to live at a certain address or in a specific area.

Key Differences Between Parole and Probation

Although both parole and probation involve supervision in the community, they differ in several important ways:

1. Timing
   • Parole is granted after an individual has served part of their prison sentence, allowing them to complete the remainder of their sentence in the community.
   • Probation is a sentence that is imposed by a judge as an alternative to prison or after a short period of incarceration. It often begins immediately after sentencing or release from a brief jail term.
2. Who Grants It
   • Parole is granted by the Parole Board of Canada, based on an offender’s behaviour in prison and their risk of reoffending.
   • Probation is imposed directly by a judge at sentencing.
3. Conditions and Supervision
   • Both parole and probation come with strict conditions, but the type and severity of these conditions may differ. Individuals on parole are typically more closely monitored, as they are still considered to be serving a prison sentence in the community. Parolees are supervised by parole officers and are often subject to more stringent conditions, such as curfews or electronic monitoring.
   • Probationers, on the other hand, are also subject to supervision but may have less restrictive conditions depending on the seriousness of their crime.
4. Violations
   • If an individual violates the conditions of their parole, they can be sent back to prison to serve the remainder of their sentence. The Parole Board will review the violation and may revoke parole.
   • If an individual violates the conditions of their probation, they may be charged with a separate offence, which could result in additional penalties, including fines or jail time. A court hearing will determine whether the violation occurred and what the consequences will be.

What Happens if Parole or Probation Is Violated?

Violating the conditions of either parole or probation can have serious consequences. Here’s what happens in each case:

• Parole Violation: If a parole officer believes that an individual has violated their parole conditions, the Parole Board may issue a warrant for their arrest. A parole revocation hearing will be held, where the Parole Board will decide whether the parole should be revoked and the individual returned to prison.
• Probation Violation: If someone on probation violates their conditions, they can be charged with breach of probation, which is a criminal offence. The individual may face a court hearing, and if found guilty, the judge may impose additional penalties such as fines, extended probation, or jail time.

How De Boyrie Law Can Help

Navigating the complexities of parole and probation in Ontario can be challenging, especially if you’re facing criminal charges or trying to reintegrate into society. At De Boyrie Law, our experienced criminal defence lawyers can provide guidance and representation to help you understand your options and protect your rights.

Schedule a Free Consultation with De Boyrie Law

If you have questions about parole or probation, or if you’re facing charges related to a violation, contact De Boyrie Law today to schedule a free, confidential consultation. We’ll review your case, explain your legal options, and help you achieve the best possible outcome.