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4worldlovers: Learn about probation and parole in Ontario and how offenders are supervised while in the community.

Parole is a conditional release from a correctional institution. It permits an offender to serve the remainder of their sentence in the community under the supervision of a probation and parole officer.

The Ontario Parole Board is responsible for parole decisions of offenders serving a sentence of two years less one day.

The Parole Board of Canada is responsible for offenders who have prison sentences of two years or more.

The board will only grant parole if it is satisfied that the offender will not present an undue risk to society before the expiration of the sentence.

If the board grants an offender parole, they set the conditions for release. Parole may be revoked if the offender doesn’t comply with the conditions. If parole is revoked, the offender serves the remaining portion of their sentence in custody.

Probation is ordered by the courts and allows the offender to serve their sentence in the community, subject to conditions prescribed in a probation order.

In Ontario, probation officers in 121 offices supervise approximately 32,000 probationers on any given day.

Probation can be ordered by way of a conditional discharge or suspended sentence, or it may be included with any one of the following dispositions:

Offenders must be placed on probation if they have either a:

Offenders may be placed on probation if they are receiving either a:

Cannot be made to run consecutive to another order (although orders do run concurrently where the offender is bound by several different orders at the same time)

Only ends on the expiry date, unless the court revokes or terminates the order early. The court can also, at any time, shorten the term of probation.

The following are some key terms and phrases when discussing probation.

This occurs when an offender is not convicted but found guilty of an offence and is discharged on the conditions prescribed in a probation order.

If an offender is convicted of a subsequent offence during the term of probation, the court may decide to revoke the probation order and impose any sentence that could have been imposed at the time the order was made.

A conviction is recorded but the passing of sentence is suspended. Similar to a conditional discharge, a provision is in place for revoking the order, suspending the passing of sentence and imposing sentence.

Where the court imposes a sentence of not more than 90 days, the court may order that sentence be served intermittently (such as, on weekends).

A probation order must accompany an intermittent sentence and is usually applicable only when the probationer is not confined.

If the intermittent sentence is to be followed by a further probation, a second probation order is often made.

A probation order comes into effect on the day it is made or, if it follows incarceration, on the expiration of the custodial sentence.

Where there is a conditional sentence, the probation order comes into effect at the expiration of the conditional sentence.

The supervisory role of a probation officer and parole officer is to:

Monitor and enforce probation and conditional sentence orders, and parole certificates

Determine rehabilitative interventions for offenders, for example, referral to internal or community-based counselling and treatment programs or other supportive services such as employment and housing

A breach of probation occurs when an offender fails or refuses to comply with the condition(s) of their probation order without reasonable excuse

An offence punishable on summary conviction with a maximum penalty not exceeding 18 months in jail and/or a fine not exceeding $5,000

An indictable offence with a maximum penalty of imprisonment not exceeding four years

When a person on probation with a suspended sentence or conditional discharge is charged and convicted of a subsequent offence during the term of the order, the Crown attorney may apply to the judge to have the order revoked.

Impose any sentence that could have been imposed had the passing of sentence not been suspended

Revoke the discharge, convict the probationer on the original charge and impose any sentence that could have been imposed had the discharge not been granted initially

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