What is statutory release in Canada?
Statutory release is the mandatory release of federal offenders at the 2/3 point of their sentence under section 127 of the Corrections and Conditional Release Act (CCRA). Unlike parole, it is not discretionary -- offenders are entitled to it unless the Correctional Service of Canada detains them for posing an undue risk of committing a violent or sexual offence before warrant expiry.
What happens after statutory release?
After statutory release, the offender serves the remaining 1/3 of their sentence in the community under the supervision of a parole officer. Conditions may include curfews, reporting requirements, abstaining from alcohol or drugs, and no-contact orders. Violating conditions results in suspension and possible revocation, returning the offender to custody.
Does statutory release apply to provincial sentences?
Statutory release under the CCRA only applies to federal sentences (2 years or more). For provincial sentences (under 2 years), each province has its own temporary absence and release rules. In Ontario, for example, offenders serving provincial sentences may be released at 2/3 under the Ministry of Correctional Services Act.
Can the Parole Board detain someone past statutory release?
Yes. Under s. 130 of the CCRA, the Parole Board of Canada can order detention past the 2/3 point if the offender is likely to commit a serious harm offence or a sexual offence before warrant expiry. This is called a 'detention referral' and requires a formal review process with the offender present and represented.