Performance Monitoring Report 2007-2008

5.2 PERFORMANCE INFORMATION

5.2.1 DECISION TRENDS

This section presents information on decision trends (i.e. number of decisions, grant rates, proportion of sentence served, residency conditions imposed, etc.) for the seven operational areas of the Board's Conditional Release business line:

1. Temporary Absence
2. Day Parole
3. Full Parole
4. Statutory Release
5. Detention
6. Long-Term Supervision
7. Appeal Decisions

Temporary Absence

Temporary absences (TAs) are used for several purposes, such as: medical, compassionate and personal development for rehabilitation. Under the CCRA, the Parole Board of Canada (PBC)has authority to authorize unescorted temporary absences (UTAs) to offenders serving: a life sentence for murder, an indeterminate sentence, or a determinate sentence for an offence set out in schedule I or II. CSC has authority for all other UTAs and most escorted temporary absences (ETAs). The CCRA also allows the Board to delegate its UTA authority to the Commissioner of CSC or to institutional heads. This has been done for all scheduled offences, except where the schedule I offence resulted in serious harm to the victim, or was a sexual offence involving a child. As well, PBC approval is required for ETAs for offenders serving life sentences prior to their day parole eligibility dates except for ETAs for medical reasons or in order to attend judicial proceedings or a coroner's inquest.

Source: PBC CRIMS

Temporary Absence Decisions:

This section provides information on decisions to approve/authorize or to not approve/authorize temporary absences.

The Board made decisions on 678 temporary absence applications in 2007/08. This is a decrease of 10.8% from the previous year. The Atlantic region saw the biggest decrease in the number of temporary decisions in 2007/08 (↓44.9%), while the Quebec region was the only one to see an increase (↑3.6%).

In 2007/08, 38 temporary absence decisions were made following a panel review, with an Aboriginal Cultural Advisor, compared to 57 in 2006/07.

Approval/Authorization/Renewal Rates for Temporary Absence 1:

Table 44 Source: PBC-CRIMS

APPROVAL/AUTHORIZATION /RENEWAL RATES for TEMPORARY ABSENCES (%)

Year	Atlantic		Quebec		Ontario		Prairies		Pacific		Canada
	ETA	UTA	ETA	UTA	ETA	UTA	ETA	UTA	ETA	UTA	ETA	UTA
2003/04	100	82	80	83	86	72	85	77	92	59	86	77
2004/05	91	77	85	80	95	63	96	82	97	69	91	75
2005/06	97	68	90	80	90	76	92	88	88	78	91	81
2006/07	85	95	96	83	85	71	98	82	79	74	91	80
2007/08	93	92	92	86	90	69	94	81	83	53	91	79

The national approval rate for ETAs remained unchanged in 2007/08 at 91%. The ETA approval rate has remained unchanged since 2004/05.

The national authorization rate for UTAs decreased 1% to 79% in 2007/08. The UTA authorization rate has decreased 1% in each of the last two years.

Table 45 Source: PBC-CRIMS

APPROVAL/AUTHORIZATION/RENEWAL RATES for TEMPORARY ABSENCES by OFFENCE TYPE (%)

Year	Murder		Schedule I-sex		Schedule I-non-sex		Schedule II		Non-scheduled		Total
	ETA	UTA	ETA	UTA	ETA	UTA	ETA	UTA	ETA	UTA	ETA	UTA
2003/04	86	79	-	63	100	76	-	0	100	88	86	77
2004/05	91	77	-	58	100	72	-	-	100	100	91	75
2005/06	91	85	-	68	-	71	-	-	100	86	91	81
2006/07	92	83	-	60	0	71	-	-	50	100	91	80
2007/08	91	81	-	71	-	69	-	-	-	86	91	79
5-yr Average	90	81	-	64	67	73	-	0	86	90	90	78

Averaged over the last five years, the approval/authorization/renewal rate for temporary absences for offenders serving sentences for murder has been the same as the national average in the escorted temporary absence group and above the national average in the unescorted temporary absence group.

Schedule I offenders were below the national average in the unescorted temporary absence group, while offenders serving sentences for non-scheduled offences were above average. There were a total of only 10 escorted temporary absence decisions for schedule I-sex offenders and non-scheduled offenders within the past five years.

Table 46 Source: PBC-CRIMS

APPROVAL/AUTHORIZATION/RENEWAL RATES for TEMPORARY ABSENCES by ABORIGINAL and RACE (%)

Year	Aboriginal		Asian		Black		White		Other		Total
	ETA	UTA	ETA	UTA	ETA	UTA	ETA	UTA	ETA	UTA	ETA	UTA
2003/04	90	80	-	67	89	67	84	77	100	44	86	77
2004/05	95	81	-	-	90	20	90	74	100	87	91	75
2005/06	90	86	71	57	91	61	92	82	100	45	91	81
2006/07	93	67	50	83	93	55	91	84	80	50	91	80
2007/08	93	70	-	40	90	64	90	83	100	40	91	79
5-yr Average	92	77	67	62	91	56	89	80	95	57	90	78

Averaged over the last five years, the approval/authorization/renewal rate for temporary absences for Aboriginal offenders has been above the national average in the escorted temporary absence group and below average in the unescorted temporary absence group. Asian offenders were below the average in both the escorted and unescorted temporary absence groups, while Black offenders were above the average in the escorted temporary absence group and below the average in the unescorted temporary absence group.

Table 47 Source: PBC-CRIMS

APPROVAL/AUTHORIZATION/RENEWAL RATES for TEMPORARY ABSENCES by GENDER (%)

Year	Male		Female
	ETA	UTA	ETA	UTA
2003/04	85	77	90	70
2004/05	91	74	94	76
2005/06	91	80	92	88
2006/07	90	79	100	84
2007/08	90	79	100	62
5-yr Average	89	78	94	78

Averaged over the last five years, the approval rate for escorted temporary absences for female offenders has been above that of male offenders, while the authorization/renewal rate for unescorted temporary absences has been the same.

Table 48 Source: PBC-CRIMS

APPROVAL/AUTHORIZATION/RENEWAL RATES for TEMPORARY ABSENCES by SENTENCE TYPE (%)

Year	Lifer		Indeterminate		Determinate
	ETA	UTA	ETA	UTA	ETA	UTA
2003/04	86	79	-	89	-	72
2004/05	91	77	-	87	100*	66
2005/06	91	85	-	89	-	68
2006/07	92	84	0	65	-	68
2007/08	91	81	-	60	-	71
5-yr Average	90	82	0	80	100	69

* This was one case in which the Board approved, in error, an ETA for an offender serving a determinate sentence.

As the result of a court decision, the Board, since April 1, 2001 , is no longer making recommendations to CSC in ETA cases for offenders serving indeterminate sentences or offenders serving life sentences once their day parole eligibility dates have past. The Board now approves ETAs only for lifers prior to their day parole eligibility dates.

The ETA approval rate for lifers has been 90% averaged over the last five years.

Averaged over the last five years, the UTA authorization rate has been 82% for lifers, 80% for those serving indeterminate sentences and 69% for those serving determinate sentences.

Of the 477 UTA decisions rendered by the Board, in 2007/08, 77% were for lifers, 20% for those serving determinate sentences and 3% for those serving indeterminate sentences.

1 Includes only cases where the Board made a decision to approve/authorize/renew or to not approve/authorize the absence.

Day Parole

Day parole is a type of conditional release which allows offenders to participate in community-based activities in preparation for full parole or statutory release. The conditions require offenders to return nightly to an institution or half-way house, unless otherwise authorized by the Board. The day parole population changed significantly when Bill C-55, which reinstated automatic day parole review and day parole eligibility at 1/6 of the sentence for offenders meeting the APR criteria, came into force on July 3, 1997 .

In this section, the number of day parole grants includes not only those for whom day parole has been directed or granted but those for whom day parole has been continued. A day parole is continued to allow the offender additional time to further prepare for full parole. It should be noted that the Board must conduct an assessment of risk before each day parole grant/directed decision as well as each day parole continued decision.

Day Parole Release Decisions:

This section provides information on release decisions to grant/direct or deny/not direct day parole, except APRI not directed. APRI not directed decisions are not counted because these decisions automatically result in an accelerated parole review final (APRF) release decision.

Table 49 Source: PBC-CRIMS

DAY PAROLE RELEASE DECISIONS

Year	Atlantic		Quebec		Ontario		Prairies		Pacific		Canada
	Fed	Prov	Fed	Prov	Fed	Prov	Fed	Prov	Fed	Prov	Fed	Prov
2003/04	434	90	1027	-	957	-	1118	111	658	-	4194	201
2004/05	442	124	943	-	993	1*	1068	119	682	2	4128	246
2005/06	445	111	1046	-	902	-	1228	97	707	1	4328	209
2006/07	468	110	1054	-	976	1*	1307	99	713	7**	4518	217
2007/08	513	80	982	-	970	1*	1205	114	771	137	4441	332

*The provincial cases in Ontario are federal sentences, which were reduced to provincial sentences by court order or were provincial/federal transfers.

**The day parole release decisions in the Pacific region in 2006/07 were provincial initiated reviews and were entered into the OMS for administration purposes when CSC assumed responsibility for the supervision of these offenders when the British Columbia Board of Parole was disbanded on April 1, 2007 .

The number of federal day parole release decisions decreased 1.7% in 2007/08 (↓77). It was expected that the number of day parole release decisions would increase in 2007/08 as the number of warrant of committal admissions had increased in the previous two years. However, it would appear that offenders are choosing not to apply for day parole. As the number of warrant of committal admissions decreased in 2007/08, it is expected that the number of day parole release decisions will decrease again in 2008/09.

The number of provincial day parole release decisions increased 53.0% in 2007/08 (↑115). This is due to the Board assuming responsibility for parole administration in the Pacific region when the British Columbia Board of Parole was disbanded on April 1, 2007.

Table 50 Source: PBC-CRIMS

FEDERAL DAY PAROLE RELEASE DECISIONS following HEARINGS with an ABORIGINAL CULTURAL ADVISOR

Year	Atlantic	Quebec	Ontario	Prairies	Pacific	Canada
2003/04	5	10	18	188	53	274
2004/05	4	9	14	198	80	305
2005/06	4	9	21	221	81	336
2006/07	7	10	14	229	55	315
2007/08	8	7	26	171	60	272

The number of federal day parole release decisions following a hearing, with an Aboriginal Cultural Advisor, decreased by 43 in 2007/08. This is the lowest number of federal day parole release decisions with an Aboriginal Cultural Advisor in the last five years.

In 2007/08, the Ontario (↑12), Pacific (↑5) and Atlantic (↑1) regions saw increases in the number of federal day parole release decisions following a hearing with an Aboriginal Cultural Advisor. The Prairie (↓58) and Quebec (↓3) regions both saw decreases in the number of federal day parole release decisions following a hearing with an Aboriginal Cultural Advisor in 2007/08.

Timing of First Federal Day Parole Release in Sentence 2:

Table 51 Source: PBC

VERAGE PROPORTION of SENTENCE SERVED at FIRST FEDERAL DAY PAROLE RELEASE by REGION (%)

Region	2003/04	2004/05	2005/06	2006/07	2007/08	5-Yr. Avg.
Atlantic	31	31	34	33	32	32
Quebec	31	32	33	33	31	32
Ontario	34	34	32	32	33	33
Prairies	35	34	33	33	33	34
Pacific	37	37	35	36	33	36
Canada	34	33	33	33	33	33

The average proportion of sentence served before first federal day parole release remained unchanged at 33% in 2007/08.

Table 52 Source: PBC

AVERAGE PROPORTION of SENTENCE SERVED at FIRST FEDERAL DAY PAROLE RELEASE by OFFENCE TYPE (%)

Type	2003/04	2004/05	2005/06	2006/07	2007/08	5-Yr. Avg.
Schedule I-sex	43	44	45	44	45	44
Schedule I-non-sex	42	42	43	42	42	42
Schedule II	25	24	24	24	24	24
Non-scheduled	29	29	29	31	30	30

Schedule I-sex offenders served more of their sentence prior to first federal day parole release, over the last five years, than any other offender group and schedule II offenders served the least.

The average time served before first federal day parole release increased in 2007/08 for offenders serving sentences for schedule I-sex offences, remained unchanged for offenders serving sentences for schedule I-non-sex offences and schedule II offences and decreased for offenders serving sentences for non-scheduled offences.

Table 53 Source: PBC

AVERAGE PROPORTION of SENTENCE SERVED at FIRST FEDERAL DAY PAROLE RELEASE by ABORIGINAL AND RACE (%)

Race	2003/04	2004/05	2005/06	2006/07	2007/08	5-Yr. Avg.
Aboriginal	40	38	37	38	39	38
Asian	28	28	23	25	24	26
Black	32	32	32	30	31	31
White	33	33	33	33	32	33
Other	32	31	28	28	28	29

Aboriginal offenders served more of their sentence prior to first federal day parole release, over the last five years, than any other offender group and Asian offenders served the least. This is probably at least partially due to the fact that Aboriginal offenders tend to have more violent offence histories. Between 2003/04 and 2007/08, 66.3% of Aboriginal offenders, serving determinate sentences, who were granted day parole were schedule I offenders compared to 23.9% of Asian offenders, 42.4% of Black offenders and 46.2% of White offenders.

2 Excludes those serving indeterminate sentences.

Table 54 Source: PBC

AVERAGE PROPORTION of SENTENCE SERVED at FIRST FEDERAL DAY PAROLE RELEASE by GENDER (%)

Gender	2003/04	2004/05	2005/06	2006/07	2007/08	5-Yr. Avg.
Male	34	34	34	34	33	34
Female	28	29	29	28	31	29

Male offenders served an average of 5% more of their sentence before first federal day parole release, over the last five years, than female offenders. The proportion served by male offenders decreased 1% last year to 33%, while the proportion served by female offenders increased 3% to 31%.

Grant Rates for Day Parole 3:

Day and full parole grant rates reflect decision trends and (along with offender populations, offence profiles, etc.) provide a context for our discussion of performance indicators for offenders on conditional release in section 5.2.2.

Source: CRIMS

The federal day parole grant rate increased 1% in 2007/08 to 71%. Despite the increase, this is the second lowest federal day parole grant rate in the past five years.

The provincial day parole grant rate increased 6% in 2007/08 to 72%.

Table 55 Source: PBC-CRIMS

GRANT RATES for FEDERAL DAY PAROLE

Year	Atlantic		Quebec		Ontario		Prairies		Pacific		Canada
	#	%	#	%	#	%	#	%	#	%	#	%
03/04	361	83	652	63	757	79	850	76	502	76	3122	74
04/05	348	79	618	66	758	76	853	80	500	73	3077	75
05/06	375	84	692	66	711	79	894	73	536	76	3208	74
06/07	348	74	642	61	730	75	894	68	551	77	3165	70
07/08	399	78	637	65	720	74	824	68	559	73	3139	71

In 2007/08, the federal day parole grant rate increased in the Atlantic and Quebec regions (↑4% in both regions), remained unchanged in the Prairie region and decreased in the Ontario and Pacific regions (↓1% and↓4% respectively).

Table 56 Source: PBC-CRIMS

GRANT RATES for FEDERAL DAY PAROLE following HEARINGS with an ABORIGINAL CULTURAL ADVISOR

Year	Atlantic		Quebec		Ontario		Prairies		Pacific		Canada
	#	%	#	%	#	%	#	%	#	%	#	%
03/04	3	60	3	30	17	94	139	74	44	83	206	75
04/05	2	50	4	44	10	71	164	83	58	73	238	78
05/06	3	75	5	56	15	71	160	72	58	72	241	72
06/07	7	100	3	30	10	71	141	62	43	78	204	65
07/08	7	88	3	43	19	73	110	64	42	70	181	67

The grant rate for federal day parole following a hearing, with an Aboriginal Cultural Advisor, increased 2% in 2007/08 to 67%.

The federal day parole grant rate following a hearing, with an Aboriginal Cultural Advisor has been significantly higher than the federal day parole grant rate after a panel review, without an Aboriginal Cultural Advisor, in each of the last five years. The federal day parole grant rate after hearings, without an Aboriginal Cultural Advisor, increased 1% to 56% in 2007/08.

3 Includes only pre-release decisions to grant/direct/continue or deny/not direct day parole, except ADPRI not-directed.

Table 57 Source: PBC-CRIMS

GRANT RATES for PROVINCIAL DAY PAROLE

Year	Atlantic		Quebec		Ontario		Prairies		Pacific		Canada
	#	%	#	%	#	%	#	%	#	%	#	%
03/04	67	74	-	-	-	-	80	72	-	-	147	73
04/05	90	73	-	-	0	0	96	81	1	50	187	76
05/06	80	72	-	-	-	-	61	63	0	0	141	67
06/07	73	66	-	-	0	0	64	65	6*	86	143	66
07/08	43	54	-	-	1	100	82	72	113	82	239	72

* The day parole release decisions in the Pacific region in 2006/07 were provincial initiated reviews and were entered into OMS for administration purposes when CSC assumed responsibility for the supervision of these offenders when the British Columbia Board of Parole was disbanded on April 1, 2007 .

In 2007/08, the provincial day parole grant rate decreased 12% in the Atlantic region, while it increased 7% in the Prairie region. The provincial day parole grant rate was 82% in the Pacific region in the first year since the Board assumed parole responsibility for provincial offenders in that region on April 1, 2007. The national provincial day parole grant rate increased 6% in 2007/08.

Table 58 Source: PBC-CRIMS

GRANT RATES for FEDERAL and PROVINCIAL DAY PAROLE by OFFENCE TYPE (%)

Year	Murder		Schedule I-sex		Schedule I-non-sex		Schedule II		Non-scheduled
	Fed.	Prov.	Fed.	Prov.	Fed.	Prov.	Fed.	Prov.	Fed.	Prov.
2003/04	85	-	79	63	70	74	80	91	68	65
2004/05	81	-	73	77	73	72	83	76	66	79
2005/06	87	-	73	71	71	73	83	67	64	63
2006/07	84	-	62	69	67	58	77	83	61	64
2007/08	86	-	62	18	71	73	74	80	59	71
5-Year Average	85	-	70	63	70	71	79	80	64	69

Over the last five years, offenders serving sentences for murder were the most likely to be granted federal day parole and non-scheduled offenders were the least likely.

Over the last five years, schedule II offenders were the most likely to be granted provincial day parole, while schedule I-sex offenders were the least likely.

Table 59 Source: PBC-CRIMS

GRANT RATES for FEDERAL and PROVINCIAL DAY PAROLE by ABORIGINAL and RACE (%)

Year	Aboriginal		Asian		Black		White		Other
	Fed.	Prov.	Fed.	Prov.	Fed.	Prov.	Fed.	Prov.	Fed.	Prov.
2003/04	76	71	83	100	79	60	74	72	69	80
2004/05	76	77	89	67	64	38	74	77	83	79
2005/06	75	61	82	67	72	33	74	69	74	79
2006/07	68	65	79	67	64	33	70	69	76	63
2007/08	70	61	75	80	59	44	72	74	68	77
5-Year Average	73	68	81	75	67	44	73	72	74	76

Over the last five years, Asian offenders were the most likely to be granted both federal and provincial day parole, while Black offenders were the least likely to be granted either federal or provincial day parole.

Table 60 Source: PBC-CRIMS

GRANT RATES for FEDERAL and PROVINCIAL DAY PAROLE by GENDER (%)

Year	Male		Female
	Fed.	Prov.	Fed.	Prov.
2003/04	74	71	90	94
2004/05	73	75	91	91
2005/06	73	66	88	88
2006/07	69	64	86	81
2007/08	69	71	88	86
5-Year Average	72	70	89	88

Over the last five years, female offenders were far more likely, than male offenders, to be granted both federal and provincial day parole.

Table 61 Source: PBC-CRIMS

GRANT RATES for FEDERAL DAY PAROLE by REGULAR and APR REVIEW(%)

Year	Review	Atlantic	Quebec	Ontario	Prairies	Pacific	Canada
2003/04	Regular	85	58	80	78	77	74
	APR	79	80	77	71	73	76
	All DP Reviews	83	63	79	76	76	74
2004/05	Regular	82	60	77	84	75	75
	APR	72	82	74	71	64	73
	All DP Reviews	79	66	76	80	73	75
2005/06	Regular	87	60	82	79	79	75
	APR	81	86	74	62	62	72
	All DP Reviews	84	66	79	73	76	74
2006/07	Regular	78	55	80	73	77	71
	APR	68	85	68	61	77	69
	All DP Reviews	74	61	75	68	77	70
2007/08	Regular	83	60	80	76	74	73
	APR	70	81	65	58	66	66
	All DP Reviews	78	65	74	68	73	71

The national grant rate for accelerated day parole reviews decreased by 3% in 2007/08. This is the fourth time in the last five years that the grant rate for accelerated day parole reviews has been lower than the grant rate for regular day parole reviews.

In the past five years, 70.9% (4,669 of 6,582) of the offenders who met the accelerated day parole criteria were directed to day parole. APR pre-release day parole decisions accounted for 30.5% of all federal day parole pre-release decisions in the past five years.

In 2007/08, the national grant rate for regular day parole increased by 2% to 73%. During the same period, the Atlantic region had the highest regular day parole grant rate and the Quebec region had the lowest. The Quebec region has had the lowest regular day parole grant rate in each of the last five years, while the highest regular day parole grant rates are divided between the Atlantic (2003/04, 2005/06 and 2007/08), Prairie (2004/05) and Ontario (2006/07) regions.

Aboriginal offenders, of all the offender groups, were the only ones who were more likely to be granted regular day parole than to be directed to day parole over the last five years. Aboriginal offenders were directed to day parole 53% of the time compared to a 78% grant rate for regular day parole.

This is a very interesting finding. Based on the review criterion for accelerated parole review cases, Board members are determining that Aboriginal offenders serving sentences for non-violent offences are more likely to commit a violent offence on day parole than Aboriginal offenders serving sentences for violent offences are of committing any new offence, either violent or non-violent.

Table 62 Source: PBC-CRIMS

GRANT RATES for FEDERAL DAY PAROLE by SENTENCE TYPE

Year	Determinate		Lifers		Other Indeterminate
	#	%	#	%	#	%
03/04	2607	73	496	85	19	73
04/05	2547	74	515	81	15	50
05/06	2643	72	554	87	11	52
06/07	2542	68	604	85	19	48
07/08	2 540	69	580	86	19	28

Note : Lifers includes those offenders sentenced to life as a minimum sentence or life as a maximum sentence. Other indeterminate includes dangerous offenders, dangerous sexual offenders, habitual criminals, and those offenders who have preventive detention orders or are on Lieutenant Governor Warrants.

Offenders with determinate sentences have accounted for 84% of all federal day parole reviews over the past five years with a grant rate of 71%. Over the past five years, lifers accounted for 15% of all federal day parole reviews and had a grant rate of 85%, while those with other indeterminate sentences accounted for 0.9% and had a grant rate of 45%.

Full Parole

Full parole is a type of conditional release which allows the offender to serve the remainder of the sentence under supervision in the community.

Full Parole Release Decisions:

This section provides information on pre-release decisions to grant/direct or deny/not direct full parole, except APRI not-directed. APRI not-directed decisions are not counted because these decisions automatically result in an accelerated parole review final (APRF) release decision.

Table 63 Source: PBC-CRIMS

FULL PAROLE RELEASE DECISIONS

Year	Atlantic		Quebec		Ontario		Prairies		Pacific		Canada
	Fed	Prov	Fed	Prov	Fed	Prov	Fed	Prov	Fed	Prov	Fed	Prov
2003/04	370	184	967	-	848	-	881	188	484	-	3550	372
2004/05	344	222	876	-	803	3*	830	166	500	4	3353	395
2005/06	398	191	1055	-	740	1*	974	144	512	8	3679	344
2006/07	390	185	1018	-	827	3*	1022	129	502	94**	3759	411
2007/08	407	155	902	-	784	-	1000	95	551	185	3644	435

*The provincial cases in Ontario are federal sentences, which were reduced to provincial sentences by court order or were provincial/federal transfers.

**The full parole release decisions in the Pacific region in 2006/07 were provincial initiated reviews and were entered into OMS for administration purposes when CSC assumed responsibility for the supervision of these offenders when the British Columbia Board of Parole was disbanded on April 1, 2007.

The number of federal full parole release decisions decreased 3.1% in 2007/08 (↓115).

The number of provincial full parole release decisions increased by 5.8% (↑24) in 2007/08. As the number of provincial full parole release decisions decreased in the Atlantic and Prairie regions in 2007/08, the increase is due to the increase in the number of provincial full parole release decisions in the Pacific region which was a result of the Board assuming parole responsibility for provincial offenders in British Columbia as of April 1, 2007.

Table 64 Source: PBC-CRIMS

FEDERAL FULL PAROLE RELEASE DECISIONS following a HEARING with an ABORIGINAL CULTURAL ADVISOR

Year	Atlantic	Quebec	Ontario	Prairies	Pacific	Canada
2003/04	6	12	9	131	44	202
2004/05	2	9	8	147	63	229
2005/06	3	9	20	187	59	278
2006/07	6	11	9	166	44	236
2007/08	7	7	16	125	46	201

The number of federal full parole release decisions following a hearing, with an Aboriginal Cultural Advisor, decreased by 35 in 2007/08. This is the lowest number in the last five years.

In 2007/08, the Prairie (↓41) and Quebec (↓4) regions both saw decreases in the number of federal full parole release decisions following a hearing, with an Aboriginal Cultural Advisor, while the Atlantic (↑1), Ontario (↑7) and Pacific (↑2) regions all saw increases.

Timing of First Federal Full Parole Release in Sentence 4

4 Excludes those serving indeterminate sentences.

Table 65 Source: PBC

AVERAGE PROPORTION of SENTENCE SERVED at FIRST FEDERAL FULL PAROLE RELEASE by REGION (%)

Region	2003/04	2004/05	2005/06	2006/07	2007/08	5-Yr. Avg.
Atlantic	40	39	41	41	40	40
Quebec	40	40	41	40	40	40
Ontario	38	39	38	38	37	38
Prairies	40	41	39	40	39	40
Pacific	41	39	38	40	38	39
Canada	40	40	39	40	39	40

There has been very little change in the average proportion of sentence served prior to first federal full parole release since 2003/04. The national average has been either 39% or 40% in each of the last five years. During the same period, regional averages have fluctuated between 37% and 41%.

Table 66 Source: PBC

AVERAGE PROPORTION of SENTENCE SERVED at FIRST FEDERAL FULL PAROLE RELEASE by OFFENCE TYPE (%)

Offence Type	2003/04	2004/05	2005/06	2006/07	2007/08	5-Yr. Avg.
Schedule I-sex	52	48	47	50	47	49
Schedule I-non-sex	47	48	48	49	49	48
Schedule II	35	36	36	35	35	35
Non-scheduled	36	36	36	36	36	36

In the five-year period between 2003/04 to 2007/08, schedule I-sex offenders served more of their sentence prior to first federal full parole release than other offender groups and schedule II offenders served the least.

In 2007/08, schedule I-sex offenders saw a decrease in the average time served prior to first federal full parole (from 50% to 47%).

The average time served prior to first federal full parole remained unchanged for schedule I- non-sex offenders, schedule II offenders as well as those serving sentences for non-scheduled offences last year.

Table 67 Source: PBC

AVERAGE PROPORTION of SENTENCE SERVED at FIRST FEDERAL FULL PAROLE RELEASE by ABORIGINAL AND RACE (%)

Race	2003/04	2004/05	2005/06	2006/07	2007/08	5-Yr. Avg.
Aboriginal	43	43	43	42	42	43
Asian	37	37	37	35	36	36
Black	38	38	38	38	37	38
White	40	40	39	40	39	40
Other	38	37	36	37	36	37

Over the five-year period from 2003/04 to 2007/08, Aboriginal offenders served more of their sentence prior to first federal full parole release than other offender groups, and Asian offenders served the least. This may be partially because 43.1% of Aboriginal offenders, serving determinate sentences, who were granted full parole between 2003/04 and 2007/08, were schedule I offenders compared to 12.4% of Asian offenders, 19.7% of Black offenders and 25.5% of White offenders.

Table 68 Source: PBC

AVERAGE PROPORTION of SENTENCE SERVED at FIRST FEDERAL FULL PAROLE RELEASE by GENDER (%)

Gender	2003/04	2004/05	2005/06	2006/07	2007/08	5-Yr. Avg.
Male	40	40	40	40	39	40
Female	38	37	37	37	38	37

Female offenders served an average of 3% less of their sentence prior to first federal full parole release than male offenders over the last five years.

Grant Rates for Full Parole 5

Source: CRIMS

The federal full parole grant rate remained unchanged in 2007/08 and has been between 43% and 46% since 2003/04.

The provincial full parole grant rate decreased 6% in 2007/08. It has been between 65% and 71% since 2003/04.

Table 69 Source: PBC-CRIMS

GRANT RATES for FEDERAL FULL PAROLE

Year	Atlantic		Quebec		Ontario		Prairies		Pacific		Canada
	#	%	#	%	#	%	#	%	#	%	#	%
2003/04	239	65	350	36	401	47	437	50	178	37	1605	45
2004/05	211	61	307	35	389	48	463	56	161	32	1531	46
2005/06	265	67	380	36	396	54	442	45	171	33	1654	45
2006/07	235	60	340	33	405	49	459	45	180	36	1 619	43
2007/08	240	59	325	36	368	47	433	43	200	36	1566	43

The Atlantic region has had the highest federal full parole grant rate during each of the last five years.

One reason for the consistently high full parole grant rate in the Atlantic region probably relates to the offence profile of the offender population in that region. In 2007/08, 31% of the full parole decisions in the Atlantic region were for offenders serving sentences for non-scheduled offences, and of this group, 46% were eligible for APR . This compares to 18.5% of the full parole decisions in the Quebec region which were for offenders serving sentences for non-scheduled offences (35% eligible for APR ), 26.0% in the Ontario region (48% eligible for APR ), 24.1% in the Prairie region (36% eligible for APR ) and 24.9% in the Pacific region (39% eligible for APR ).

5 Includes only pre-release decisions to grant/direct or deny/not-direct full parole.

Table 70 Source: PBC-CRIMS

GRANT RATES for FEDERAL FULL PAROLE following a HEARING with an ABORIGINAL CULTURAL ADVISOR

Year	Atlantic		Quebec		Ontario		Prairies		Pacific		Canada
	#	%	#	%	#	%	#	%	#	%	#	%
03/04	1	17	1	8	3	33	44	34	11	25	60	30
04/05	0	0	0	0	2	25	57	39	12	19	71	31
05/06	1	33	0	0	6	30	50	27	4	7	61	22
06/07	4	67	0	0	2	22	31	19	10	23	47	20
07/08	2	29	2	29	4	25	28	22	10	22	46	23

The grant rate for federal full parole following a hearing, with an Aboriginal Cultural Advisor, increased 3% in 2007/08 to 23%.

Over the last five years, the federal full parole grant rate following a hearing, with an Aboriginal Cultural Advisor, was higher than the federal full parole grant rate following a hearing, without an Aboriginal Cultural Advisor, in 2003/04 and 2004/05. For the next two years, the trend reversed itself and the federal full parole grant rate following a hearing, with an Aboriginal Cultural Advisor, was lower than the rate following a hearing, without an Aboriginal Cultural Advisor. The rates were the same in 2007/08.

The federal full parole grant rate following a hearing without an Aboriginal Cultural Advisor increased 1% in 2007/08 to 23%.

Table 71 Source: PBC-CRIMS

GRANT RATES for PROVINCIAL FULL PAROLE

Year	Atlantic		Quebec		Ontario		Prairies		Pacific		Canada
	#	%	#	%	#	%	#	%	#	%	#	%
2003/04	122	66	-	-	-	-	121	64	-	-	243	65
2004/05	164	74	-	-	0	0	110	66	3	75	277	70
2005/06	135	71	-	-	0	0	81	56	7	88	223	65
2006/07	128	69	-	-	0	0	71	55	94*	100	293	71
2007/08	103	66	-	-	-	-	46	48	132	71	281	65

The full parole release decisions in the Pacific region in 2006/07 were provincial initiated reviews and were entered into the OMS for administration purposes when CSC assumed responsibility for the supervision of these offenders when the British Columbia Board of Parole was disbanded on April 1, 2007.

The national provincial full parole grant rate decreased 6% to 65% in 2007/08.

In 2007/08, the provincial full parole grant rates decreased in both the Atlantic and Prairie regions.

Table 72 Source: PBC-CRIMS

GRANT RATES for FEDERAL and PROVINCIAL FULL PAROLE by OFFENCE TYPE (%)

Year	Murder		Schedule I-sex		Schedule I-non-sex		Schedule II		Non-scheduled
	Fed.	Prov.	Fed.	Prov.	Fed.	Prov.	Fed.	Prov.	Fed.	Prov.
2003/04	39	-	27	74	28	57	72	>78	53	66
2004/05	35	-	31	64	29	61	74	78	51	76
2005/06	36	-	27	50	24	60	75	78	51	66
2006/07	34	-	22	50	25	67	72	85	46	72
2007/08	36		21		25		68		45
5-Year Average	36	-	26	60	26	61	72	78	49	69

Over the last five years, schedule II offenders were the most likely to be granted both federal and provincial full parole, while schedule I offenders were the least likely.

Table 73 Source: PBC-CRIMS

GRANT RATES for FEDERAL and PROVINCIAL FULL PAROLE by ABORIGINAL and RACE (%)

Year	Aboriginal		Asian		Black		White		Other
	Fed.	Prov.	Fed.	Prov.	Fed.	Prov.	Fed.	Prov.	Fed.	Prov.
2003/04	41	52	66	100	57	53	44	73	52	63
2004/05	40	52	72	50	44	38	45	>76	57	75
2005/06	35	53	75	80	50	45	44	68	59	64
2006/07	29	53	71	67	46	38	43	74	62	75
2007/08	33	32	66	75	39	50	44	73	48	59
5-Year Average	35	50	70	75	47	46	44	73	55	67

Over the last five years, Aboriginal offenders, of all the offender groups, were the least likely to be granted federal full parole, while Black offenders were the least likely to be granted provincial full parole. One reason for the lower federal full parole grant rate for Aboriginal offenders may relate to the offence profile of the Aboriginal offender population. Over the last five years, 52.6% of the federal full parole decisions for Aboriginal offenders were for schedule I offences, while 23.5% of the federal full parole decisions for Asian offenders were for schedule I offences. The percentage was 38.7% for Black offenders and 41.5% for White offenders.

Table 74 Source: PBC-CRIMS

GRANT RATES for FEDERAL and PROVINCIAL FULL PAROLE by GENDER (%)

Year	Male		Female
	Fed.	Prov.	Fed.	Prov.
2003/04	43	64	76	80
2004/05	44	68	68	86
2005/06	43	62	71	94
2006/07	41	70	67	84
2007/08	41	64	71	67
5-Year Average	43	66	71	81

Over the last five years, female offenders were more likely to be granted federal and provincial full parole than males.

Table 75 Source: PBC-CRIMS

GRANT RATES for FEDERAL FULL PAROLE by REGULAR and APR REVIEW(%)

Type by Year	Atlantic	Quebec	Ontario	Prairies	Pacific	Canada
2003/04
Regular	47	17	20	30	19	24
APR	100	98	99	100	99	99
All FP Reviews	65	36	47	50	37	45
2004/05
Regular	44	17	22	36	16	25
APR	100	100	99	100	100	100
All FP Reviews	61	35	48	56	32	46
2005/06
Regular	46	16	23	25	15	22
APR	99	100	98	100	100	99
All FP Reviews	67	36	54	45	33	45
2006/07
Regular	44	17	19	21	15	21
APR	100	100	99	100	100	100
All FP Reviews	60	33	49	45	36	43
2007/08
Regular	36	15	21	21	18	20
APR	100	100	98	100	100	99
All FP Reviews	59	36	47	43	36	43

The national grant rate for accelerated full parole review (AFPR) decreased 1% to 99% in 2007/08. The AFPR grant rate has increased dramatically since accelerated day parole review was introduced in July 1997. This is because offenders who are directed to day parole are almost always automatically directed to full parole. If the offender is not directed to day parole, the full parole review is conducted using the regular criteria.

The national grant rate for regular full parole decreased 1% in 2007/08, while the national grant rate for all federal full parole remained unchanged at 43%

The Atlantic region had the highest regular full parole grant rate (36%) in 2007/08. In fact, the grant rate in the Atlantic region has been significantly above the rate in all of the other regions during the last five years. One reason for the consistently high full parole grant rate in the Atlantic region may relate to the offence profile of the offender population in that region. Between 2003/04 and 2007/08, 39.5% of all the regular full parole decisions in the Atlantic region were for schedule II and non-scheduled offenders. The Pacific and Quebec regions, which have had the lowest regular full parole grant rates since 2003/04, have also had the lowest proportions of schedule II and non-scheduled offenders during the same period (at 26.1% and 28.9% respectively).

Table 76 Source: PBC-CRIMS

GRANT RATES for FEDERAL FULL PAROLE by SENTENCE TYPE

Type by Year	Determinate		Lifers		Other Indeterminate
	#	%	#	%	#	%
03/04
Regular	496	24	101	38	4	3
APR	977	99	-	-	-	-
Other	20	63	7	41	0	0
All	1493	48	108	38	4	3
04/05
Regular	516	25	79	33	6	5
APR	916	100	-	-	>-	-
Other	8	32	6	50	0	0
All	1440	48	85	34	6	5
05/06
Regular	476	22	92	34	3	2
APR	1057	99	-	-	-	-
Other	16	46	10	71	0	0
All	1549	48	102	36	3	2
06/07
Regular	473	21	91	34	0	0
APR	1038	100	-	-	-	-
Other	12	50	5	42	0	0
All	1523	46	96	34	0	0
07/08
Regular	428	20	100	35	1	1
APR	1029	99	-	-	-	-
Other	7	50	1	25	0	0
All	1464	46	101	35	1	1

Note : Lifers includes those offenders sentenced to life as a minimum sentence or life as a maximum sentence. Other indeterminate includes dangerous offenders, dangerous sexual offenders, habitual criminals, and those offenders who have preventive detention orders or are on Lieutenant Governor Warrants.

Note: Other includes parole for deportation, parole by exception, parole for voluntary departure and parole by exception for deportation.

Over the last five years, offenders with determinate sentences have accounted for 94% of all decisions to grant or direct full parole. Offenders with life sentences have accounted for 6% of all decisions to grant full parole. There have been only 14 full parole grants in the last five years for offenders with other indeterminate sentences.

Residency Conditions on Full Parole:

Table 77 Source: PBC

RESIDENCY CONDITIONS on FEDERAL FULL PAROLE by REGULAR and APR

Type by Year	PRE -RELEASE		POST-RELEASE
	Imposed	Cancelled	Imposed	Prolonged	Removed
Regular
2003/04	40	0	57	6	24
2004/05	23	0	49	3	12
2005/06	28	0	60	7	7
2006/07	26	0	37	8	17
2007/08	23	1	30	4	16
APR
2003/04	289	2	55	24	53
2004/05	278	3	38	25	40
2005/06	285	2	51	17	41
2006/07	255	3	36	16	36
2007/08	252	8	23	22	40
All Full Parole
2003/04	329	2	112	30	77
2004/05	301	3	87	28	52
2005/06	313	2	111	24	58
2006/07	281	3	73	24	53
2007/08	275	9	53	26	56

The number of pre-release residency conditions imposed on all full parole cases decreased by 4.3% in 2007/08. During the same period, the number of post-release residency conditions imposed decreased 27.4%, while the number of post-release residency conditions prolonged increased by 2 to 26.

Ninety-one percent (91%) of all residency conditions imposed on full parole pre-release decisions during the last five years were on accelerated parole review cases, while APR cases accounted for just 63% of all federal full parole grant decisions. This would seem to indicate that Board members often feel that offenders released on full parole based on the APR criteria are not ready for a full return to the community.

Table 78 Source: PBC

RESIDENCY CONDITIONS on FEDERAL FULL PAROLE by REGION

Region by Year	PRE -RELEASE		POST-RELEASE
	Imposed	Cancelled	Imposed	Prolonged	Removed
2003/04
Atlantic	30	0	17	1	2
Quebec	125	1	44	28	7
Ontario	89	0	13	0	32
Prairies	58	1	26	0	29
Pacific	27	0	12	1	7
Canada	329	2	112	30	77
2004/05
Atlantic	28	0	14	3	3
Quebec	119	1	35	25	3
Ontario	87	1	13	0	27
Prairies	35	1	18	0	16
Pacific	33	0	>7	0	3
Canada	301	3	87	>28	52
2005/06
Atlantic	38	0	9	2	2
Quebec	140	1	52	22	3
Ontario	88	1	14	0	34
Prairies	27	0	17	0	11
Pacific	20	0	19	0	8
Canada	313	2	111	24	58
2006/07
Atlantic	30	0	8	1	3
Quebec	128	1	39	23	6
Ontario	82	1	13	0	29
Prairies	18	1	8	>0	7
Pacific	23	0	5	0	8
Canada	281	3	73	24	53
2007/08
Atlantic	24	0	9	0	2
Quebec	129	1	29	26	3
Ontario	74	5	4	0	32
Prairies	23	2	6	0	4
Pacific	25	1	>5	0	15
Canada	275	9	53	26	56

Compared to the number of federal full parole grant decisions within the last five years, the Quebec region imposed the highest percentage of pre-release residency conditions (37.4%), followed by the Ontario region (21.0%), the Pacific region (14.3%), the Atlantic region (12.5%) and the Prairie region (7.0%). The Quebec region also imposed the highest percentage of residency conditions on full parole post-release compared to the number of federal full parole grant decisions (11.7%).

Over the last five years, of all the regions, Quebec is the only one which has prolonged residency conditions on full parole cases to any extent. The Quebec region is responsible for 94% of all full parole residency conditions which have been prolonged within the last five years.

Compared to the number of full parole grant decisions within the last five years, non-scheduled offenders had the highest percentage of pre-release residency conditions imposed (34.2%), followed by schedule II offenders (17.4%), schedule I-non-sex offenders (6.1%), schedule I-sex offenders (5.6%) and offenders serving sentences for murder (4.9%). It is not surprising that non-scheduled offenders and offenders serving sentences for schedule II offences had the highest percentages of pre-release residency conditions imposed as ninety-one percent (91%) of all residency conditions imposed on full parole pre-release decisions during the last five years were on accelerated parole review cases.

Compared to the number of full parole grant decisions within the last five years, White offenders had the highest percentage of pre-release residency conditions imposed (20.9%), followed by Black offenders (17.3%), Aboriginal offenders (13.1%) and Asian offenders (7.7%).

Within the last five years, male offenders had a higher percentage of pre-release residency conditions imposed on full parole (18.7%) than female offenders (16.9%).

Table 79 Source: PBC

RESIDENCY CONDITIONS on FEDERAL FULL PAROLE RECOMMENDED BY CSC (%)

Year	Atlantic	Quebec	Ontario	Prairies	Pacific	Canada
2003/04	78.7	79.3	47.1	36.9	51.3	61.2
2004/05	73.2	83.8	51.0	34.0	57.5	64.7
2005/06	66.0	79.2	50.0	52.3	43.6	64.6
2006/07	73.7	79.6	53.7	61.5	39.3	67.5
2007/08	60.6	89.2	55.1	55.2	30.0	69.8

Note : This percentage is calculated by dividing the number of residency conditions recommended by CSC and which were imposed by the Board by the total number of residency conditions imposed by the Board.

The above table indicates that, in 2007/08, about 30% of the residency conditions imposed on federal full parole (pre and post release) had not been recommended by CSC.

The percentage of residency conditions imposed (both pre and post release), which had been recommended by CSC , ranged from 30.0% in the Pacific region to 89.2% in the Quebec region. These percentages are lower than the previous year in all regions, except the Quebec and Ontario regions where the percentages increased (↑9.6% and 1.4% respectively).

Table 80 Source: PBC

RESIDENCY CONDITIONS on FEDERAL FULL PAROLE CONCORDANCE with CSC (%)

Year	Atlantic	Quebec	Ontario	Prairies	Pacific	Canada
2003/04	100.0	88.7	88.9	77.5	95.2	89.1
2004/05	100.0	97.0	86.4	78.3	95.8	93.3
2005/06	100.0	92.7	92.7	74.2	85.0	91.0
2006/07	100.0	95.0	100.0	88.9	84.6	95.6
2007/08	83.3	89.2	91.5	100.0	69.2	88.8

Note : The concordance rate is calculated by dividing the number of residency conditions imposed by the Board which were recommended by CSC by the number of residency conditions recommended by CSC.

The above table indicates that, over the past five years, when CSC recommended that a residency condition be imposed on federal full parole (pre and post release) the Board agreed 91.5% of the time.

The concordance rate, between the Board and CSC , on CSC 's recommendations to impose residency conditions on full parole, ranged from 69.2% in the Pacific region to 100.0% in the Prairie region in 2007/08. The Atlantic region had the highest concordance rates in the four years prior to 2007/08, while the Prairie region has had the lowest in three of the last five years.

Statutory Release

This section provides information about offenders on statutory release as a backdrop for our discussion of day and full parole. All federal offenders, serving determinate sentences, are entitled to statutory release after serving 2/3 rds of their sentence unless it is determined that they are likely to commit an offence causing death or serious harm to another person, a sexual offence involving a child or a serious drug offence before the expiration of the sentence.

Note The incarcerated population in this section includes only those offenders with determinate sentences. Lifers and offenders serving indeterminate sentences have been excluded as they are not eligible for statutory release.

Annual Releases on Statutory Release:

Table 81 Source: CSC and PBC

PROPORTION of the INCARCERATED POPULATION SERVING DETERMINATE SENTENCES RELEASED on STATUTORY RELEASE

Year	Incarcerated Population	Year of SR Releases	# of Releases on SR	% of Incarcerated Pop. Released on SR
April 1, 2003	9882	2003/04	5106	52%
April 1, 2004	9635	2004/05	5092	53%
April 1, 2005	9795	2005/06	5215	53%
April 1, 2006	9814	2006/07	5246	53%
April 1, 2007	10280	2007/08	5490	53%

Annual releases on statutory release increased in number but remained unchanged as a proportion of the incarcerated population in 2007/08. The proportion of offenders released on statutory release has been 53% since 2004/05.

Table 82 Source: CSC and PBC

PROPORTION of the INCARCERATED POPULATION SERVING DETERMINATE SENTENCES RELEASED on STATUTORY RELEASE by REGION (%)

Year	Atlantic	Quebec	Ontario	Prairies	Pacific
2003/04	46	49	53	55	52
2004/05	51	50	53	55	56
2005/06	51	45	55	59	56
2006/07	51	51	52	59	54
2007/08	53	48	52	60	52
5-Year Average	50	49	53	58	54

Over the last five years, the Prairie region had a larger proportion of their incarcerated population released on statutory release than any other region. In 2007/08, the proportion increased in the Atlantic and Prairie regions, remained unchanged in the Ontario region and decreased in the Quebec and Pacific regions.

Table 83 Source: CSC and PBC

PROPORTION of the INCARCERATED POPULATION SERVING DETERMINATE SENTENCES RELEASED on STATUTORY RELEASE by OFFENCE TYPE (%)

Year	Schedule I-sex	Schedule I -non-sex	Schedule II	Non-scheduled
2003/04	29	49	53	77
2004/05	28	50	53	80
2005/06	29	50	49	81
2006/07	30	51	49	81
2007/08	29	51	47	82
5-Year Average	29	50	50	80

Over the last five years, non-scheduled offenders had a much larger proportion of their incarcerated population released on statutory release than any other offender group. The proportions increased for non-scheduled offenders, remained stable for schedule I-non-sex offenders and decreased for schedule I-sex offenders and schedule II offenders in 2007/08.

Table 84 Source: CSC and PBC

PROPORTION of the INCARCERATED POPULATION SERVING DETERMINATE SENTENCES RELEASED on STATUTORY RELEASE by ABORIGINAL and RACE (%)

Year	Aboriginal	Asian	Black	White	Other
2003/04	57	41	44	52	34
2004/05	58	30	45	54	35
2005/06	62	35	45	53	30
2006/07	59	26	44	55	34
2007/08	63	31	40	54	34
5-Year Average	60	33	43	54	34

Over the last five years, Aboriginal offenders had a larger proportion of their incarcerated population released on statutory release than any other offender group. While the proportions rose for Aboriginal and Asian offenders in 2007/08, the proportions decreased for Black and White offenders.

Table 85 Source: CSC and PBC

PROPORTION of the INCARCERATED POPULATION SERVING DETERMINATE SENTENCES RELEASED on STATUTORY RELEASE by GENDER (%)

Year	Male	Female
2003/04	52	54
2004/05	53	59
2005/06	53	62
2006/07	54	51
2007/08	53	53
5-Year Average	53	56

Over the last five years, the proportion of the incarcerated population released on statutory release was greater for female offenders than male offenders. While the proportion for male offenders decreased in 2007/08, the opposite was true for female offenders.

Residency Conditions on Statutory Release:

Table 86 Source: PBC

RESIDENCY CONDITIONS on STATUTORY RELEASE

Year	PRE -RELEASE			POST-RELEASE				Total*
	Imposed	Detention to SR Residency	Cancelled	Imposed	Prolonged	Detention to SR Residency Prolonged	Removed
03/04	1325	42	3	13	-	3	61	1380
04/05	1287	43	8	23	3	2	86	1350
05/06	1342	48	5	17	-	1	86	1403
06/07	1380	55	2	15	-	1	92	1449
07/08	1417	29	1	13	1	-	56	1459

*Total = (Pre-release imposed + detention - cancelled) + (Post-release imposed + prolonged+ detention prolonged).

The total number of residency conditions imposed and prolonged on statutory release cases remained relatively stable in 2007/08 (↑10). The number of residency conditions imposed increased by 12 at the pre-release level, and at the post-release level the number of residency conditions imposed decreased by 2.

Twenty-four percent (24%) of the 5,920 releases and graduations to statutory release in 2007/08 had a residency condition imposed pre-release, a decrease of 1% from the previous year.

Schedule I-non-sex offenders accounted for 69.5% of all pre-release decisions to impose residency conditions on statutory release in 2007/08 (1,003 of 1,445) compared to their 53.0% proportion of the total incarcerated population serving determinate sentences. Schedule I-sex offenders had about an equal proportion of residency conditions imposed on statutory release as their proportion of the incarcerated population (14.2% to 14.0% of the incarcerated population serving determinate sentences).

Aboriginal offenders accounted for 24.7% of all pre-release decisions to impose residency conditions on statutory release in 2007/08 (357 of 1,445) compared to their 19.9% proportion of the total incarcerated population serving determinate sentences. White offenders also had a slightly larger proportion of pre-release residency conditions imposed on statutory release than their proportion of the incarcerated population (67.7% to 64.8% of the incarcerated population serving determinate sentences).

Female offenders accounted for 2.6% of all pre-release decisions to impose residency conditions on statutory release in 2007/08 (37 of 1,445) compared to their 3.9% proportion of the total incarcerated population serving determinate sentences.

Table 87 Source: PBC

RESIDENCY CONDITIONS on STATUTORY RELEASE by REGION

Region by Year	PRE -RELEASE			POST-RELEASE
	Imposed	Detention to SR Residency	Cancelled	Imposed	Prolonged	Detention to SR Residency Prolonged	Removed
2003/04
Atlantic	81	5	0	0	0	1	10
Quebec	393	0	2	1	0	0	18
Ontario	334	11	0	0	0	0	9
Prairies	214	12	0	2	0	0	13
Pacific	303	14	1	10	0	2	11
Canada	1 325	42	3	13	0	3	61
2004/05
Atlantic	70	9	0	0	0	1	13
Quebec	398	4	2	3	1	0	17
Ontario	270	12	3	3	0	0	14
Prairies	208	10	0	3	0	0	12
Pacific	341	8	3	14	2	1	30
Canada	1287	43	8	23	3	2	86
2005/06
Atlantic	102	5	1	1	0	0	8
Quebec	371	5	0	2	0	1	31
Ontario	304	16	1	7	0	0	16
Prairies	241	10	0	4	0	0	12
Pacific	324	12	3	3	0	0	19
Canada	1342	48	5	17	0	1	86
2006/07
Atlantic	147	8	0	0	0	0	9
Quebec	408	7	1	3	0	0	38
Ontario	309	11	0	5	0	0	15
Prairies	256	4	0	2	0	0	11
Pacific	260	25	1	5	0	1	19
Canada	1380	55	2	15	0	1	92
2007/08
Atlantic	157	1	0	2	0	0	12
Quebec	424	6	0	4	1	0	13
Ontario	386	8	0	2	0	0	10
Prairies	229	2	1	0	0	0	5
Pacific	221	12	0	5	0	0	16
Canada	1417	29	1	13	1	0	56

The number of pre-release residency conditions imposed on statutory release increased in the Ontario (↑23.9%), Quebec (↑3.9%) and Atlantic (↑2.0%) regions in 2007/08, while the number decreased in the Pacific region (↓19.6%) and Prairie (↓11.7%) regions.

The number of post-release residency conditions imposed and prolonged on statutory release decreased in the Ontario , Prairie and Pacific regions (↓3 to 2,↓2 to 0 and↓1 to 5 respectively) in 2007/08. The number increased in both the Atlantic and Quebec regions (↑2 to 2 and↑2 to 5 respectively).

Table 88 Source: PBC

RESIDENCY CONDITIONS on STATUTORY RELEASE RECOMMENDED BY CSC (%)

Year	Atlantic	Quebec	Ontario	Prairies	Pacific	Canada
2003/04	87.2	84.5	72.2	82.5	85.0	81.4
2004/05	92.4	86.9	78.5	87.3	85.2	85.1
2005/06	91.7	89.9	83.2	91.1	82.3	86.9
2006/07	94.2	91.6	83.4	92.0	85.2	88.8
2007/08	91.3	92.9	88.4	86.1	81.5	88.5

Note : This percentage is calculated by dividing the number of residency conditions recommended by CSC which were imposed by the Board by the total number of residency conditions imposed by the Board.

The above table indicates that, in 2007/08, about 12% of the residency conditions imposed on statutory release (pre and post release) had not been recommended by CSC.

The percentage of residency conditions imposed on statutory release (both pre and post release), in 2007/08, which had been recommended by CSC , ranged from 81.5% in the Pacific region to 92.9% in the Quebec region. The percentages decreased in the Atlantic , Prairie and Pacific regions in 2007/08, while they increased in the Quebec and Ontario regions.

Table 89 Source: PBC

RESIDENCY CONDITIONS on STATUTORY RELEASE CONCORDANCE with CSC (%)

Year	Atlantic	Quebec	Ontario	Prairies	Pacific	Canada
2003/04	100.0	93.8	93.3	94.5	93.9	94.2
2004/05	100.0	93.6	91.4	92.3	91.7	92.8
2005/06	100.0	90.4	90.7	95.5	93.0	92.7
2006/07	99.3	92.3	91.6	96.0	95.4	94.2
2007/08	94.8	96.2	95.6	94.8	95.6	95.6

Note : The concordance rate is calculated by dividing the number of residency conditions imposed by the Board which were recommended by CSC by the number of residency conditions recommended by CSC.

The above table indicates that over the past five years, when CSC recommends that a residency condition be imposed on statutory release (pre and post release) the Board agrees 93.9% of the time.

The concordance rate, between the Board and CSC , on CSC 's recommendations to impose residency conditions on statutory release, ranged from 94.8% in the Atlantic and Prairie regions to 96.2% in the Quebec region in 2007/08.

Detention

The Correctional Service of Canada can refer an offender serving a sentence for a schedule I or schedule II offence to the Board for detention review if they feel that the offender is likely to commit an offence causing death or serious harm to another person, a sexual offence involving a child or a serious drug offence before the expiration of the offender's sentence. If the Board determines that the offender is likely to commit an offence causing death or serious harm to another person, a sexual offence involving a child or a serious drug offence before the expiration of the offender's sentence, the offender can be detained until the sentence expires.

Number of Detained Offenders:

Table 90 Source: PBC

NUMBER of DETAINED OFFENDERS, by REGION (as of April 13, 2008 )

Status	Atlantic	Quebec	Ontario	Prairies	Pacific	Canada
Presently Detained	28	92	92	79	43	334
One-chance Statutory Release Revoked	0	1	0	0	0	1
Detention Ordered Not Past SR Date	8	17	18	22	7	72
Detained Total	36	110	110	101	50	407

As of April 13, 2008 , 334 offenders were being detained and 1 offender had had his/her one-chance statutory release revoked. Another 72 offenders had a detention order but had not yet reached their statutory release date, for a total of 407 offenders that have detention orders.

Referrals for Detention:

Table 91 Source: PBC

REFERRALS for DETENTION by REGION

Year	Atlantic	Quebec	Ontario	Prairies	Pacific	Canada
1998/99	32	49	47	72	56	256
1999/00	17	40	54	78	33	222
2000/01	32	43	56	51	47	229
2001/02	32	48	72	76	44	272
2002/03	23	59	82	79	41	284
2003/04	29	85	77	75	37	303
2004/05	31	53	76	58	29	247
2005/06	24	55	77	65	40	261
2006/07	22	73	64	55	36	250
2007/08	27	69	67	71	32	266
Total	269	574	672	680	395	2590

The number of referrals for detention increased 6.4% in 2007/08.

All regions, except the Quebec and Pacific regions, saw increases in the number of referrals for detention last year. The Prairie region saw the biggest increase rising to 71 from 55 the previous year, while the Quebec and Pacific regions both saw the decreases of 4 (going to 69 and 32 respectively).

Table 92 Source: PBC and CSC

DETENTION REFERRAL RATE 6

Year	Detention Referrals	Offenders Entitled to Statutory Release 7	Detention Referral Rate
1998/99	256	4867	5.3%
1999/00	222	4921	4.5%
2000/01	229	5011	4.6%
2001/02	272	5195	5.2%
2002/03	284	5453	5.2%
2003/04	303	5635	5.4%
2004/05	247	5648	4.4%
2005/06	261	5705	4.6%
2006/07	250	5712	4.4%
2007/08	266	5965	4.5%

The detention referral rate increased slightly in 2007/08 to 4.5%.

Outcome of Initial Detention Reviews:

Table 93 Source: PBC

OUTCOME of INITIAL DETENTION REVIEWS

Year	Detained		Stat. Release		One chance		Total
	#	%	#	%	#	%
1998/99	234	91.4	9	3.5	13	5.1	256
1999/00	208	93.7	8	3.6	6	2.7	222
2000/01	215	93.9	3	1.3	11	4.8	229
2001/02	257	94.5	5	1.8	10	3.7	272
2002/03	245	86.3	14	4.9	25	8.8	284
2003/04	279	92.1	13	4.3	11	3.6	303
2004/05	225	91.1	15	6.1	7	2.8	247
2005/06	233	89.3	11	4.2	17	6.5	261
2006/07	222	88.8	20	8.0	8	3.2	250
2007/08	248	93.2	11	4.1	7	2.6	266

The detention rate increased in 2007/08 to 93.2%, its highest rate in the last five years, while the number of offenders detained increased (↑11.7%). The number of offenders who were ordered released on statutory release decreased 45.0% (to 11 from 20), while the number given a one chance statutory release decreased 12.5% (to 7 from 8).

Of the 18 offenders who were ordered released on statutory release or one chance statutory release in 2007/08, 16 had a pre-release residency condition imposed.

Table 94 Source: PBC

OUTCOME of INITIAL DETENTION REVIEWS by OFFENCE TYPE (%)

Status by Year	Schedule I-sex	Schedule I-non-sex	Schedule II	Non-scheduled
Detained
2003/04	95	88	80	100
2004/05	94	88	100	95
2005/06	89	89	0	100
2006/07	88	88	100	90
2007/08	95	92	67	94
Statutory Release
2003/04	2	7	20	0
2004/05	4	8	0	5
2005/06	4	4	100	0
2006/07	8	9	0	5
2007/08	4	4	33	6
One Chance Statutory Release
2003/04	3	5	0	0
2004/05	2	4	0	0
2005/06	7	7	0	0
2006/07	3	3	0	5
2007/08	1	4	0	0

Schedule I- sex offenders are over-represented as a proportion of offenders referred for detention and detained compared to the other offender groups. In 2007/08, schedule I-sex offenders accounted for 39.8% of all offenders referred for detention and 40.7% of offenders detained, compared to their 14.0% proportion of the federal incarcerated population serving determinate sentences.

The number of offenders detained increased last year for schedule I offenders with schedule I- sex offenders seeing the biggest increase (↑17). There were two schedule II offenders detained last year (↓3 from the previous year) and the number of non-scheduled offenders detained decreased by one to 17.

6 The detention referral rate is the proportion of detention referrals to the number of offenders entitled to statutory release (i.e. reaching statutory release date) during a given period.

7 Offenders Entitled to Statutory Release = number of offenders released on statutory release + number of offenders detained.

Table 95 Source: PBC

OUTCOME of INITIAL DETENTION REVIEWS by ABORIGINAL and RACE (%)

Status by Year	Aboriginal	Asian	Black	White	Other
Detained
2003/04	90	80	100	92	100
2004/05	92	100	96	91	60
2005/06	87	100	95	89	100
2006/07	94	100	93	85	80
2007/08	93	100	96	92	100
Statutory Release
2003/04	6	20	0	4	0
2004/05	5	0	4	7	20
2005/06	5	0	5	4	0
2006/07	4	0	7	10	20
2007/08	4	0	0	5	0
One Chance Statutory Release
2003/04	4	0	0	4	0
2004/05	3	0	0	3	20
2005/06	8	0	0	7	0
2006/07	1	0	0	5	0
2007/08	2	0	4	3	0

Aboriginal offenders continue to be over-represented as a proportion of offenders referred for detention and detained compared to the other offender groups. In 2007/08, Aboriginal offenders accounted for 34.2% of all offenders referred for detention and 34.3% of offenders detained, compared to their 19.9% proportion of the federal incarcerated population serving determinate sentences. Black offenders were also over-represented but not to the same extent. Black offenders accounted for 8.6% of offenders referred for detention and 8.9% of offenders detained, while they represented 7.6% of the federal incarcerated population serving determinate sentences.

The number of Aboriginal and White offenders detained increased last year, while the number of Asian and Black offenders detained decreased.

Table 96 Source: PBC

OUTCOME of INITIAL DETENTION REVIEWS by GENDER (%)

Status by Year	Male	Female
Detained
2003/04	92	0
2004/05	92	50
2005/06	89	100
2006/07	89	100
2007/08	93	100
Statutory Release
2003/04	4	0
2004/05	6	25
2005/06	4	0
2006/07	8	0
2007/08	4	0
One Chance Statutory Release
2003/04	4	0
2004/05	2	25
2005/06	7	0
2006/07	3	0
2007/08	3	0

Over the last five years, only 12 female offenders have been referred for detention and 10 have been ordered detained.

Table 97 Source: PBC

INITIAL DETENTION RATES by REGION

Year	Atlantic		Quebec		Ontario		Prairies		Pacific		Canada
	#	%	#	%	#	%	#	%	#	%	#	%
1998/99	24/32	75	44/49	90	45/47	96	70/72	97	51/56	91	234/256	91
1999/00	14/17	82	38/40	95	52/54	96	74/78	95	30/33	91	208/222	94
2000/01	31/32	97	41/43	95	54/56	96	46/51	90	43/47	91	215/229	94
2001/02	30/32	94	46/48	96	66/72	92	75/76	99	40/44	91	257/272	94
2002/03	19/23	83	53/59	90	67/82	82	68/79	86	38/41	93	245/284	86
2003/04	26/29	90	83/85	98	69/77	90	69/75	92	32/37	86	279/303	92
2004/05	29/31	94	51/53	96	68/76	89	51/58	88	26/29	90	223/247	90
2005/06	21/24	88	53/55	96	65/77	84	60/65	92	34/40	85	233/261	89
2006/07	16/22	73	71/73	97	55/64	86	54/55	98	26/36	72	222/250	89
2007/08	27/27	100	65/69	94	58/67	87	71/71	100	27/32	84	248/266	93
10-Year Total	237/269	88	545/574	95	599/672	89	638/680	94	347/395	88	2364/2590	91

The Atlantic and Pacific regions have had the lowest average detention rates over the last 10 years, while the Quebec region has had the highest.

Outcome of Annual and Subsequent Detention Reviews:

The CCRA specifies that offenders subject to a detention order are entitled to an annual review of their case to determine whether detention is still warranted. The following table provides information on reviews after the initial detention order.

Table 98 Source: PBC

OUTCOME of ANNUAL and SUBSEQUENT DETENTION REVIEWS

Variable	2003/04	2004/05	2005/06	2006/07	2007/08	5-Yr Avg
Total Subsequent Reviews	359	353	343	324	289	334
Detention Confirmed	322	310	307	279	270	298
Detention Confirmed Percentage	90%	88%	90%	86%	93%	89%

The initial detention decision has been confirmed in 89% of annual and subsequent detention reviews for the last five years. This average is 2% less than the average detention rate for initial detention reviews during the same period.

Long – Term Supervision

This section provides information about offenders who are subject to long-term supervision orders.

The court, upon application by the prosecution, may impose a long-term supervision order not exceeding ten years if it is satisfied that it would be appropriate to impose a sentence of two years or more for the offence of which the offender has been convicted; there is substantial risk that the offender will reoffend; and, there is a reasonable possibility of eventual control of the risk in the community. An offender who is subject to a long-term supervision order is supervised in the community in accordance with the Corrections and Conditional Release Act.

The Board may establish conditions for the long-term supervision of an offender that are considered reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender. A long-term supervision order, unlike other forms of conditional release, cannot be revoked by the Board. However, the Board can recommend that charges be laid under the Criminal Code if the offender has demonstrated by his/her behaviour that he/she presents a substantial risk to the community because of failure to comply with one or more conditions.

Long-Term Supervision Population:

Table 99 Source: CSC and PBC

LONG-TERM SUPERVISION POPULATION*

Year	Atlantic		Quebec		Ontario		Prairies		Pacific		Canada
	Fed	Prov	Fed	Prov	Fed	Prov	Fed	Prov	Fed	Prov	Fed	Prov
1999/00	-	-	-	-	1	-	-	-	-	-	1	-
2000/01	2	-	1	-	1	-	1	-	1	-	6	-
2001/02	3	-	5	-	1	1	5	-	3	-	17	1
2002/03	3	-	11	-	8	1	11	-	5	-	38	1
2003/04	6	-	21	-	13	-	13	-	9	-	62	-
2004/05	10	-	29	-	26	-	17	-	12	-	94	-
2005/06	11	-	33	-	35	-	25	-	16	-	120	-
2006/07	12	-	41	-	51	-	34	-	31	-	169	-
2007/08	13	-	60	-	64	-	33	2	39	-	209	2

Excluded as of April 13, 2008 were 6 LTSs who were UAL.

*The first offender with a long-term supervision order was released in 1999/00.

The long-term supervision population is expected to increase in the coming years as there are currently 266 offenders (federal and provincial) who will be subject to long-term supervision orders once they reach their warrant expiry dates.

Table 100 Source: CSC and PBC

LONG-TERM SUPERVISION POPULATION by ABORIGINAL and RACE

Year	Aboriginal		Asian		Black		White		Other
	#	%	#	%	#	%	#	%	#	%
2003/04	7	11.3	-	-	2	3.2	51	82.3	2	3.2
2004/05	10	10.6	1	1.1	3	3.2	77	81.9	3	3.2
2005/06	17	14.2	3	2.5	4	3.3	91	75.8	5	4.2
2006/07	31	18.3	3	1.8	5	3.0	121	71.6	9	5.3
2007/08	40	19.0	3	1.4	7	3.3	152	72.0	9	4.3

Note : Includes federal and provincial offenders on long-term supervision orders

The number of Aboriginal offenders on long-term supervision orders increased by 9 in 2007/08 and their proportion of the long-term supervision population increased 0.7% to 19.0%, the largest percentage in the last five years. This is higher than their proportion of the total federal offender population (17.3%). The number of Black offenders on long-term supervision orders also increased in 2007/08 to 7 from 5, and their proportion of the long-term supervision population increased to 3.3% from 3.0%. During the same period, the number of White offenders on long-term supervision orders increased by 31 to 152, while their proportion of the long-term supervision population increased slightly to 72.0% from 71.6% in 2006/07.

There are currently 4 female offenders on long-term supervision orders.

Of the 266 offenders who will be subject to long-term supervision orders once they reach warrant expiry, 30.8% (82) are Aboriginal, 0.8% (2) are Asian, 6.0% (16) are Black, 58.6% (156) are White and 3.8% (10) are Other.

There are currently no female offenders who will be subject to long-term supervision orders once they reach warrant expiry.

Offence Profile of the Long-Term Supervision Population:

Table 101 Source: CSC and PBC

OFFENCE PROFILE of the LONG-TERM SUPERVISION POPULATION (%)

Offence Type	2003/04	2004/05	2005/06	2006/07	2007/08
Sch.I – Sex	80.6	81.9	79.2	75.1	74.4
Sch.I – Non-Sex	16.1	16.0	17.5	20.1	20.9
Total Schedule I	96.7	97.9	96.7	95.3	95.3
Schedule II	0.0	0.0	0.0	0.0	0.0
Non-Scheduled	3.2	2.1	3.3	4.7	4.7

Note : Includes federal and provincial offenders on long-term supervision orders

Of the 266 offenders who will be subject to long-term supervision orders once they reach warrant expiry, 71.8% (191) are schedule I-sex offenders, 27.1% (72) are schedule I-non-sex offenders, and 3 are non-scheduled offenders.

Long-Term Supervision Decisions:

Table 102 Source: PBC-CRIMS

LONG-TERM SUPERVISION DECISIONS

Year	PRE -RELEASE			POST-RELEASE				Total
	Change Condition	Other*	Sub-Total	Change Condition	Suspension	Other*	Sub-Total
2003/04	31	1	32	95	10	37	142	174
2004/05	43	5	48	120	18	51	189	237
2005/06	55	2	57	202	20	37	259	316
2006/07	59	2	61	250	37	45	332	393
2007/08	70	0	70	189	28	48	265	335

*Other includes the decisions of no action, laying of information recommended and panel hearing ordered.

Note : Includes federal and provincial offenders on long-term supervision orders.

The number of long-term supervision decisions decreased in 2007/08 for the first time in the last five years. The decrease occurred at the post-release level where the number of change condition decisions decreased by 61 to 189, and the number of suspension decisions decreased to 28 from 37. It is expected that this workload will increase in the coming years as more offenders become subject to long-term supervision orders. Over the last five years, offenders on long-term supervision were averaging between 2.0 and 2.8 decisions each per fiscal year.

Residency Conditions on Long-Term Supervision:

Table 103 Source: PBC

RESIDENCY CONDITIONS on LONG-TERM SUPERVISION

Year	PRE -RELEASE		POST-RELEASE		Total*
	Imposed	Cancelled	Imposed	Prolonged		Removed
2003/04	18	0	21	47	3	86
2004/05	25	0	42	35	1	102
2005/06	40	1	82	56	6	177
2006/07	43	0	92	75	10	210
2007/08	55	0	72	65	1	192

* Total = (Pre-release imposed - cancelled) + (Post-release imposed + prolonged).

Note : Includes federal and provincial offenders on long-term supervision orders.

Ninety-three percent (93%) of offenders who became subject to long-term supervision orders in 2007/08 had a residency condition imposed pre-release compared to 24% of releases and graduations to statutory release.

Appeal Decisions

Within the Board, the Appeal Division is responsible for re-examining, upon application by an offender, certain decisions made by the Board. The Appeal Division's role is to ensure that law and Board policies are respected, that the rules of fundamental justice are adhered to, and that Board decisions are reasonable and based upon relevant and reliable information. It reviews the decision making process to confirm that it was fair and that the procedural safeguards were respected.

The Appeal Division received 511 applications to appeal conditional release decisions in 2007/08 (both federal and provincial), accepted 441 applications for review and rendered 529 decisions on 413 cases. The Appeal Division ordered a new hearing in 12 cases, a new review in 13 case, cancelled special conditions in 3 cases, modified the special conditions in 2 cases and ordered an immediate release in 1 case in 2007/08. An analysis of the 31 cases revealed that:

Special Conditions

• In 4 cases, the imposition of the special condition was not justified.

Duty to Provide Reasons

• In 8 cases, the Board failed to provide adequate written reasons to substantiate its decisions: not to allow leave privileges, to justify the frequency and length of UTAs, to impose a residency condition on accelerated full parole release and to impose special conditions.

Reasonableness of the Decision

• In 4 cases, the decision to impose a special condition was deemed to be unreasonable as it was not supported by file information. In one case, the Board's conclusion that the offender presented an undue risk to society on day parole was not reasonably supported on the basis of applicable law and the available relevant information.

Right to an Assistant

• In 2 cases, the offenders' assistants were unfairly restricted by the Board with respect to the type and length of representations they were allowed to make on behalf of the offender.

Duty to Act fairly

• In 1 case, the written reasons supporting the residency condition were not based on an analysis according to the criteria set out in law and policy.
• In 1 case, the Board informed the offender less than 15 days before its review that the process regarding residency condition was modified from a hearing to a paper review. The short timeframe did not give the offender the opportunity to provide written representations.
• In 2 cases, the Board deprived the offenders of the opportunity to provide written representations prior to the in-office review of their cases.

Erroneous and Incomplete Information

• In 4 cases, the Board based its decision on erroneous or incomplete information.

Notice of Decision Options

• In 1 case, the offender was not given any notice that the Board would be addressing the imposition of a residency condition on his statutory release.

Written Representation

• In 1 case, the Board's in-office decision failed to adequately indicate whether and how the Board considered the offender's written representations.

Principle of Fundamental Justice

• In 1 case, information was not shared with the offender at least 15 days before his review and one piece of relevant information that was submitted by the offender was not reviewed by the Board.

Risk Assessment

• In 1 case, the Board unfairly linked the non-authorization of the offender's UTA to his future risk on day parole.

Error of Law

• In 1 case, the Board erred in law by applying a “higher test” in assessing the offender's risk for full parole for voluntary departure, which resulted in the denial of his release.

Bias

• In 1 case, one of the Board members repeatedly questioned the offender's responses in a negative, belittling and abrupt manner.

Conduct of Hearing

• In 1 case, contrary to Board policy, the presiding Board member was not present with the offender when the hearing was conducted by way of telephone.

Right to be Heard

• In 1 case, the Board refused to allow and consider the offender's representations with respect to whether the referral for detention met the criteria set out in law.

Sharing of Information

• In 1 case, relevant information that the Board used to make its decision was shared with the offender after the Board's decision.

The tables below provide further information on Appeal Division activities.

Applications for Appeal:

Table 104 Source: PBC - Appeal Division

APPLICATIONS for APPEAL April 1, 2007 – March 31, 2008

Application Status	Atlantic		Quebec	Ontario	Prairies		Pacific		Canada
	Fed	Prov	Fed	Fed	Fed	Prov	Fed	Prov	Fed	Prov
Applications Received	39	5	146	129	107	13	62	10	483	28
Applications Rejected	5	1	14	26	8	3	11	2	64	6
Applications Accepted	34	4	132	103	99	10	51	8	419	22
Applications Cancelled	0	0	0	0	0	0	0	0	0	0
Applications Withdrawn	1	0	0	1	2	0	1	0	5	0
Applications to be Processed	33	4	132	102	97	10	50	8	414	22

Note : More than one decision can be appealed per application.

The Board received 483 federal applications for appeal in 2007/08 (↑43 from 2006/07) and 28 provincial applications (↑19 from 2006/07). Part of the increase in the number of provincial applications received is due to the Board assuming responsibility for provincial offenders in the Pacific region on April 1, 2007 when the British Columbia Board of Parole was disbanded.

The Atlantic region was the only region which saw a decrease in federal appeal applications received in 2007/08 (↓19). The other regions all saw increases with the Pacific region seeing the biggest increase (↑28), followed by the Quebec (↑26), Prairie (↑7) and the Ontario (↑1) regions.

The Prairie region saw an increase in the number of provincial appeal applications received in 2007/08 (↑9), while the number received in the Atlantic region remained unchanged at 5.

Of the 483 federal applications received in 2007/08, 64 were rejected and 5 were withdrawn by the offender, leaving 414 applications to be processed. Of the 28 provincial applications received, 6 were rejected leaving 22 applications to be processed.

Number of Appeal Decisions:

Table 105 Source: PBC-CRIMS

NUMBER of APPEAL DECISIONS by DECISION TYPE and JURISDICTION

Decision Type	2003-2004		2004-2005		2005-2006		2006-2007		2007-2008
	Fed	Prov	Fed	Prov	Fed	Prov	Fed	Prov	Fed	Prov
ETA
Pre-release	2	-	2	-	3	-	2	-	3	-
UTA
Pre-release	19	-	12	-	10	-	9	-	18	-
Post-release	-	-	-	-	1	-	2	-	2	-
Day Parole
Pre-release	186	6	117	10	134	5	108	10	148	6
Post-release	39	4	28	1	46	5	21	1	30	4
Full Parole
Pre-release	151	11	89	8	110	4	101	8	127	8
Post-release	37	2	15	2	38	2	22	-	27	2
Stat Release
Pre-release	79	-	77	-	83	-	59	-	79	-
Post-release	75	-	37	-	50	-	33	-	33	-
Detention	62	-	43	-	45	-	38	-	42	-
Total	650	23	420	21	520	16	395	19	509	20

The Appeal Division rendered 529 decisions in 2007/08 (509 federal and 20 provincial), up 115 from 2006/07.

Day parole cases accounted for 35% of all federal appeal decisions recorded in 2007/08, which was an increase of 3% from the previous year, while full parole accounted for 30% which was a decrease of 2% compared to the previous year.

Statutory release cases decreased to 22% of all federal appeal decisions from 23% in 2006/07. Detention cases accounted for 8% of all appeal decisions, a decrease of 2% from the previous year.

Day and full parole cases each accounted for 50% of provincial appeal cases in 2007/08.

Table 106 Source: PBC-CRIMS

NUMBER of APPEAL DECISIONS by OFFENCE TYPE and JURISDICTION

Offence Type	2003-2004		2004-2005		2005-2006		2006-2007		2007-2008
	Fed	Prov	Fed	Prov	Fed	Prov	Fed	Prov	Fed	Prov
Murder
Pre-release	51	-	41	-	34	-	34	-	49	-
Post-release	10	-	11	-	14	-	9	-	19	-
Schedule I-sex
Pre-release	67	3	46	3	36	1	53	3	51	-
Post-release	14	1	14	1	10	1	7	-	6	-
Schedule I-non-sex
Pre-release	183	3	120	6	158	-	119	8	129	5
Post-release	72	1	32	-	54	3	32	-	35	2
Schedule II
Pre-release	69	2	41	4	57	4	48	1	100	3
Post-release	25	-	9	-	25	1	18	1	14	1
Non-scheduled
Pre-release	129	9	92	5	100	4	63	6	88	6
Post-release	30	4	14	2	32	2	12	-	18	3
Total	650	23	420	21	520	16	395	19	509	20

The cases of offenders serving sentences for schedule I-non-sex, schedule II and non-scheduled offences accounted for 32%, 22% and 21%, respectively, of all federal appeal decisions recorded in 2007/08, compared to 38%, 17% and 19% the previous year.

The cases of offenders serving sentences for schedule I non-sex offences accounted for 45% of all provincial appeal cases in 2007/08.

Outcomes for Appeal Decisions:

Table 107 Source: PBC-CRIMS

OUTCOMES for FEDERAL APPEAL DECISIONS by DECISION TYPE (2006/07 & 2007/08)

Decision Type	Decision Affirmed		Decision Altered		New Review Ordered		Other		Total
	06/07	07/08	06/07	07/08	06/07	07/08	06/07	07/08	06/07	07/08
ETA
Pre-release	2	3	-	-	-	-	-	-	2	3
UTA
Pre-release	9	15	-	-	-	3	-	-	9	18
Post-release	2	-	-	-	-	2	-	-	2	2
Day Parole
Pre-release	102	141	-	1	6	6	-	-	108	148
Post-release	20	28	-	-	1	1	-	1	21	30
Full Parole
Pre-release	98	117	-	-	3	8	-	2	101	127
Post-release	21	27	-	-	1	-	-	-	22	27
Stat. Release
Pre-release	54	66	-	-	2	10	3	3	59	79
Post-release	33	32	-	-	-	1	-	-	33	33
Detention	36	41	-	-	2	1	-	-	38	42
Total Decisions	377	470	-	1	15	32	3	6	395	509
% of Total Decisions	95%	92%	-	0%	4%	6%	1%	1%

The initial decision was affirmed in 92% of federal appeal cases processed in 2007/08, a decrease of 3% from the previous year, while the decision was altered in one federal case, a new review was ordered in 6% (32) of federal cases and the conditions were changed in 1% (6) of federal cases.

Table 108 Source: PBC-CRIMS

OUTCOMES for PROVINCIAL APPEAL DECISIONS by DECISION TYPE (2006/07 & 2007/08)

Decision Type	Decision Affirmed		Decision Altered		New Review Ordered		Other		Total
	06/07	07/08	06/07	07/08	06/07	07/08	06/07	07/08	06/07	07/08
Day Parole
Pre-release	10	6	-	-	-	-	-	-	10	6
Post-release	1	4	-	-	-	-	-	-	1	4
Full Parole
Pre-release	8	8	-	-	-	-	-	-	8	8
Post-release	-	2	-	-	-	-	-	-	-	2
Total Decisions	19	20	-	-	-	-	-	-	19	20

Twenty (20) provincial appeals were processed in 2007/08, up 1 from the previous year. The initial decision was affirmed in all 20 cases processed.

Table 109 Source: PBC-CRIMS

OUTCOMES for APPEAL DECISIONS by REGION and JURISDICTION (2006/07 & 2007/08)

Region	Decision Affirmed		Decision Altered		New Review Ordered		Other		Total
	06/07	07/08	06/07	07/08	06/07	07/08	06/07	07/08	06/07	07/08
FEDERAL
Atlantic	45	38	-	-	3	3	3	1	51	42
Quebec	106	172	-	-	3	9	-	2	109	183
Ontario	99	109	-	-	2	6	-	1	101	116
Prairies	93	113	-	-	3	12	-	1	96	126
Pacific	34	38	-	1	4	2	-	1	38	42
Canada	377	470	-	1	15	32	-	6	395	509
PROVINCIAL
Atlantic	9	6	-	-	-	-	-	-	9	6
Ontario	2	-	-	-	-	-	-	-	2	-
Prairies	8	9	-	-	-	-	-	-	8	9
Pacific	-	5	-	-	-	-	-	-	-	5
Canada	19	20	-	-	-	-	-	-	19	20

Note : The two provincial decisions in the Ontario region were from one case which was a federal case when the decisions were appealed but was later determined to be a provincial case.

The Quebec and Ontario regions had the highest rates of federal decisions affirmed in 2007/08 (94%), followed by the Atlantic, Prairie and Pacific regions (90%).

The number of federal appeal cases processed from the Atlantic region decreased (↓18%) in 2007/08, while the number of federal appeal cases processed increased in all the other regions. The Quebec region saw the biggest increase (↑68%), followed by the Prairie (↑31%), the Ontario (↑15%) and the Pacific (↑11%) regions.

The number of provincial appeals processed from the Atlantic region decreased by 3 to 6 in 2007/08. The initial decision was affirmed in all 6 of the Atlantic cases processed. The Prairie region accounted for 9 provincial appeal cases processed last year, an increase of 1 from 2006/07. The initial decision was affirmed in all 9 of the Prairie cases processed. The initial decision was also confirmed in all 5 of the Pacific cases processed. The Board assumed responsibility for provincial cases in the Pacific region on April 1, 2007.

Appeal Rates:

Table 110 Source: PBC

FEDERAL APPEAL RATE by DECISION TYPE (2006/07& 2007/08)

Decision Type	# Appealable Decisions		# of Appeal Decisions		Appeal Rate
	2006/07	2007/08	2006/07	2007/08	2006/07	2007/08
ETA	60	46	2	3	3.3%	6.5%
UTA
Pre-release	529	507	9	18	1.7%	3.6%
Post-release	22	17	2	2	9.1%	11.8%
Day Parole
Pre-release	4,446	4,398	108	148	2.4%	3.4%
Post-release	790	734	21	30	2.7%	4.1%
Full Parole
Pre-release	3,729	3,621	101	127	2.7%	3.5%
Post-release	865	781	22	27	2.5%	3.5%
Statutory Release
Pre-release	6,076	6,285	59	79	1.0%	1.3%
Post-release	2,952	2,969	33	33	1.1%	1.1%
Detention	585	573	38	42	6.5%	7.3%
Total	20,054	19,931	395	509	2.0%	2.6%

The number of appealable decisions increased after April 2001, as offenders could appeal not only the denial of a conditional release but also the imposition of any special conditions. Prior to April 2001, offenders could only appeal the denial of a conditional release or the imposition of a residency condition. In 2000/01, only 31.7% of federal decisions were appealable, whereas in 2002/03, 77.6% of federal decisions were appealable. The proportion of appealable decisions decreased in 2003/04, to 69.2%, as release maintained was no longer a recorded decision. In the past, release maintained was recorded as a no action decision and, as such, was appealable. The proportion of appealable decisions was 84.4% in 2007/08.

In 2007/08, unescorted temporary absence post-release decisions were appealed more often than any other decision type (11.8%). The next most common appeals by decision type were detention decisions (7.3%).

In 2007/08, 91 (17.9%) of the federal decisions that were appealed were appealed because of the imposition of a special condition.

Table 111 Source: PBC

PROVINCIAL APPEAL RATE by DECISION TYPE (2006/07 & 2007/08)

Decision Type	# Appealable Decisions		# of Appeal Decisions		Appeal Rate
	2006/07	2007/08	2006/07	2007/08	2006/07	2007/08
Day Parole
Pre-release	201	326	10	6	5.0%	1.8%
Post-release	43	58	1	4	2.3%	6.9%
Full Parole
Pre-release	299	431	8	8	2.7%	1.9%
Post-release	56	100	-	2	0.0%	2.0%
Total	599	915	19	20	3.2%	2.2%

In 2007/08, provincial day parole post-release decisions were appealed more often than any other decision type, followed by full parole post-release.

In 2007/08, no provincial decisions were appealed because of the imposition of a special condition.

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