National Parole Board (Canada)

The National Parole Board is a Canadian government agency that operates under the auspices of Public Safety Canada.

The National Parole Board was created in 1959 under the "Parole Act". The Board primarily deals with the "Corrections and Conditional Release Act", "Criminal Records Act" and the"Criminal Code of Canada".

It is an independent administrative tribunal that has the exclusive authority under the "Corrections and Conditional Release Act" to grant, deny, cancel, terminate or revoke day parole and full parole. In addition, the Board is also responsible for making decisions to grant, deny and revoke pardons under the "Criminal Records Act" and the "Criminal Code of Canada".

The head of the NPB is a Chairperson who reports to Parliament through the Minister of Public Safety. As an independent agency, the Minister does not direct the operations of the NPB.

The annual budget of the NPB is $43 million and the headquarters are located in Ottawa, Ontario with other offices in Moncton, New Brunswick, Montreal, Quebec, Kingston, Ontario, Saskatoon, Saskatchewan, Abbotsford, British Columbia and Edmonton, Alberta.

Under the "Corrections and Conditional Release Act", which governs federal corrections, provinces and territories may establish their own parole boards for offenders sentenced to a term of incarceration of less than two years. Only two provinces now have their own parole boards: Ontario and Quebec.

In Canada, it is not a criminal offence to breach parole. Although warrants are put out warrants for parole violators, they are often not found until they are arrest for another crime. [http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/1036533023878_6/?hub=WFive]

Criticism and controversy

The National Parole Board has been criticized for its perceived lack of judgment in the handling of certain cases. Notable examples include:

*Eric Fish was released to a half-way house in 2004 in Vernon, British Columbia. Fish had been serving a life sentence for a 1984 murder and had been deemed by the Parole Board to be a "high-risk to violently re-offend." Fish walked away from the half-way house and over a period of six weeks, murdered two people. Public outrage over this case resulted in the closing down of the half-way house to which Fish had been assigned. [http://www.cbc.ca/canada/british-columbia/story/2007/02/28/fish-murder.html?ref=rss]

*Allan Craig MacDonald was paroled in 1989 after serving only 12 years for murdering a police officer and a taxi driver. Shortly after his release, MacDonald beat, raped, stabbed, and murdered Linda Shaw and set her body on fire. (Although MacDonald was not convicted for this crime (he committed suicide in 1994), his guilt was confirmed by a DNA test in 2004). [http://www.torontosun.com/News/Columnists/Worthington_Peter/2005/08/17/pf-1176110.html] [http://www.torontosun.com/Comment/Commentary/2005/08/13/1171015.html]

*Robert Bruce Moyes was granted day parole in 1995, even though he was serving a life sentence for multiple armed robberies and had a total of 36 criminal convictions, including three attempted murders and three escapes from prison. Moyes also had numerous previous parole violations. Within a year of being paroled, Moyes and an accomplice murdered seven people [http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20020808/bc_man_drug_murders_020807?s_name=&no_ads=] [http://www.cbc.ca/canada/story/2002/08/08/moyes020808.html] A subsequent investigation by the Parole Board concluded that there was a "sound basis" for his conditional release from prison and that "it is unnecessary to offer any specific direction on change or amendment to policies, practices or procedures." However, the investigation did not examine how Moyes was able to fool the parole board into releasing him despite his numerous criminal convictions. When testifying in court, Moyes "happily admitted that he lied repeatedly to parole and corrections officials for the past 30 years." Moyes will be eligable for parole again in 2027 when he is 72. [http://www.ctv.ca/servlet/ArticleNews/print/CTVNews/20060623/moyes_report_060623/20060623/?hub=Canada&subhub=PrintStory]

*John Lyman Kehoe was paroled in 1986. He had been sentenced to life in prison for murdering his two children in 1972. In 1996, Kehoe and another paroled multiple murder, attacked real estate agent Wendy Carroll. Carroll was choked and had her throat slit, although she did survive. Kehoe was subsequently deemed a Dangerous Offender and is unlikely to ever be released from prison again. [http://www.torontosun.com/News/Columnists/Bonokoski_Mark/2007/11/18/4664939-sun.php] [http://www.ctv.ca/servlet/ArticleNews/print/CTVNews/1036533023878_6?hub=WFive&subhub=PrintStory]

*Leopold Dion was paroled in 1963, despite being sentenced to life in prison for rape and attempted murder and previously violating parole by sexually assaulting a young boy. Within 18 months of being released, Dion molested 21 children and murdered four of them. Dion was subsequently killed in prison. [http://www.torontosun.com/News/Columnists/Worthington_Peter/2005/08/17/pf-1176110.html]

*Michael Hector received full parole after only serving half of a 13-year sentence, even though he had an extensive criminal history, had previously violated parole and had been described in psychological assessments as "a highly criminalized man." In early 1997, approximately 18 months after his release, Hector murdered three people, including a young boy. [http://www.ctv.ca/servlet/ArticleNews/print/CTVNews/1036533023878_6?hub=WFive&subhub=PrintStory]

*Kevin Humphrey was granted paroled despite being sentenced to life for robbing and murdering a man in 1983 before fleeing the country. Despite three previous parole violations, Humphrey was paroled again in 2006. In October of that year, Humphrey stabbed Richard Kent multiple times with a folding knife and then slit his throat in a crack house. Although Kent survived, he still has brain injury symptoms and memory problems. [http://www.thestar.com/printArticle/296319]

*Denis Lortie was granted full parole in 1996 after serving only 12 years in prison for murdering three people and injuring 13 others. The decision went against the wishes of the victims relatives (although as of 2008, Lortie has not reoffended). [http://www.thecanadianencyclopedia.com/index.cfm?PgNm=TCE&Params=M1ARTM0010364] [http://www.canada.com/montrealgazette/news/story.html?id=885c67db-68e2-4a59-bccc-26cba6d512b6&k=95107]

*Chad Bucknell was granted day parole in 2002, only 6 years after he received a life sentence for murdering four people. Bucknell subsequently disappeared until he was recaptured in 2004. Bucknell was granted parole again in 2006 and had so far not been arrested again. [http://cnews.canoe.ca/CNEWS/Canada/2008/01/12/4768897-cp.html]

*Daniel Jonathan Courchene, a known gang member, was kept on parole even though the Board knew that Courchene was repeatedly violating his parole by using intoxicants. While on parole, Courchene and an accomplice attempted to kill a police officer by shooting him in the face, stole several vehicles, and committed a home invasion in which they attempted to kill the owner. [http://www.cbc.ca/story/canada/national/2005/11/28/rcmp-shooting-051128.html] [http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/1024896487247_20305687/]

The NPB defends its record, noting that between 1995 and 2000, more than 70% of 11,466 offenders released on full parole completed their sentence successfully while about 16% had their parole revoked for breach of conditions and 12.5% had their parole revoked as a result of committing a new offense.

In addition, the NPB noted that in the same five-year period, over 16,000 prisoners were released for day parole and that of these, nearly 83% were completed successfully, 12% had their parole revoked for breaches of conditions, and only 5.7% were revoked for committing new offenses. [ http://www.npb-cnlc.gc.ca/whatsn/myths053001_e.htm#mytheight]

Although Correctional Service of Canada insist incidents like those above are rare, a report by the Canadian Police Association revealed that between 1998 and 2003, 66 people have been killed by convicts out on early release. [http://www.ctv.ca/servlet/ArticleNews/print/CTVNews/1036533023878_6?hub=WFive&subhub=PrintStory]

In 2003, it was reported that the whereabouts of over 800 federal offenders and over 1100 provincial offenders on parole and escapees in Canada are unknown. [http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/1036533023878_6/?hub=WFive]

Lawsuits

A number of lawsuits have been filed against the NPB alleging mistakes. Examples include:

*RCMP Const. Mike Templeton filed a lawsuit after he was shot in the face by Daniel Jonathan Courchene, a known gang member who was had been kept on parole despite the fact that the NPB was aware that he had repeatedly violated his parole conditions. [http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/1024896487247_20305687/]

*Gladys Abramenko filed a lawsuit after she was assaulted and her husband was murdered by Eric Fish, who had been granted conditional release to a halfway house despited the fact that he was serving a life sentence for murder and had been diagnosed with "criminal and anti-social propensities." [http://www.canada.com/vancouversun/news/westcoastnews/story.html?id=13713b50-ee1e-4f4f-b012-2d0fcf6ce325&k=74998] [http://www.chroniclejournal.com/stories_national.php?id=76806]

ee also

* Correctional Service of Canada

External links

* [http://www.npb-cnlc.gc.ca/about/about_e.htm National Parole Board of Canada website]