Navigating conditional release: What is the difference between probation and parole in Canada?

Both probation and parole are types of conditional release that allow you to either serve your sentence in the community or return to living in the community under supervision. The conditional part of the release refers to the fact that a person is released into the community under conditions. If those conditions are breached – there is a risk of jail or prison time.  

In the paragraphs below, you will find more information about the differences between probation and parole, including: the circumstances under which they are granted, the conditions you could receive, when parole is relevant, and the purpose of community supervision. Importantly, neither probation nor parole are meant to punish, rather they are an opportunity to work on yourself and transition into living within community.  

Are parole and probation the same thing? 

The key difference between probation and parole is who is allowed to get it and who has the right to approve it. Probation may be ordered when you have received, or could receive, a sentence of two years or less, served in a provincial jail. Probation is ordered as part of a person’s sentence by a judge. On the other hand, parole becomes available to those who are serving a sentence of more than two years in a federal penitentiary. Parole is awarded, not by a sentencing judge, but by the Parole Board of Canada.  

Keep reading to learn more about how probation and parole work!

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What is probation? 

If you have been convicted of a crime and received a sentence of two years or less under provincial jurisdiction, part of your sentence may include a period of probation. Probation is a part of sentencing and allows a person to serve part, or all of their sentence, in the community. Probation may be ordered instead of jail time or in addition to your jail sentence. While you’re on probation, you have to follow certain rules while living in the community. It’s important to note that the type of conditional release available to you depends on the jurisdiction responsible for your care. 

All probation orders include these three basic rules: be on good behaviour and keep the peace, appear in court when ordered, and if there is any change of name, address or job, tell either the court or your probation officer. Other rules might be added depending on your situation and the crime you committed. These rules include: reporting to a probation officer (weekly or monthly), do not buy or drink alcohol, do not use non-prescription drugs, do not carry any weapons, do community service, do not engage with certain people (i.e., text, call, email), and return money to victim. Conditions for probation are case dependent and are typically based on the circumstances of your offence, the risk you pose to the public, and your needs. 

What is a Probation Officer's role? 

If you are sentenced to probation, you will be assigned a Probation Officer. The role of a Probation Officer is to ensure you are following the rules by staying in touch with you and checking in regularly. Probation officers are not police officers, but they are able to lay criminal charges if you break your probation rules. The length of a probation order usually lasts between one to two years, and it cannot be longer than three years.  

Why probation? 

The purpose of probation is to focus on rehabilitation and your reintegration into the community. When a judge gives a sentence of probation, they take into account many factors including seriousness of the offense, risk to the public, criminal history, and willingness to improve. They may also consider mitigating factors such as first-time offence, acceptance of responsibility, age, race, expressing remorse, etc. Probation is not one-size-fits-all and is determined on a case-by-case basis. If you have any questions about probation in general or your specific case, we encourage you to reach out to relevant Legal Aid or other criminal defence services in your province.  

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What is Parole? 

Parole is a type of conditional release that’s designed to help you safely and gradually move back into the community while you're still serving a longer sentence. Parole is a legislated right under the Corrections and Conditional Release Act, but that does not mean parole will be granted automatically. This post will explain the general process of applying for parole. 

However, beyond the general process, there are significant barriers in place that prevent or make it much more difficult for certain individuals to be granted parole. Specifically, if you are incarcerated and serving a life sentence or have been designated as a dangerous offender – parole is much less likely. See Renford’s story for more information about how serving a life sentence compounded by racism impacts parole.

What are the three main types of parole? 

1. Day Parole 

On day parole, individuals live in a community facility, often a halfway house, and must return nightly. This is often referred to as a “residence requirement” and also includes a curfew condition. Eligibility for day parole is usually within 6 months of full parole eligibility or 6 months into a sentence, whichever is later. If you are serving a life sentence, eligibility begins 3 years before full parole eligibility – discussed below.  

2. Full Parole 

On full parole, individuals may reside in a halfway house or a private residence in the community, with regular supervision by their Parole Officer. Eligibility for full parole typically begins after serving one-third of the sentence or 7 years (whichever is less). For life sentences, parole eligibility is set by the court—25 years for first-degree murder and 10–25 years for second-degree.  

3. Parole by Exception 

This is a rare form of parole that may only be granted under extraordinary circumstances, such as terminal illness or extreme hardship. This type of parole may be ordered at any time within the sentence.  

If you have questions about when you may be parole eligible, please contact us and we can help assist.  

What factors are considered when ordering parole?  

Parole decisions are governed by two basic principles. First is the protection of society; the board ensures that any release is limited to what is necessary and proportionate, aiming to align with the goal of public safety. Accordingly, the Parole Board also must consider whether you will present undue risk to society before the end of your sentence, and whether this conditional release will encourage successful integration back into the community upon sentence completion.

When making a decision to grant or deny parole, Board members consider the following: an offender’s social and criminal history, systemic or background factors that may have contributed to their involvement with the criminal justice system, the reasons for/the type of offense (which includes the individual’s understanding of the offense and/or past offenses); progress made by the individual to participate in correctional programs, and behaviour in the institution and on previous conditional releases; actuarial assessments and risk assessment tools; victim statements; and the release plan and community supports. 

When making decisions, the Parole Board members consider all relevant information.This may include information from police, courts, Crown attorneys, mental health professionals, correctional authorities, private agencies, and victims of crime. This information may come in the form of judges' sentencing comments or recommendations, employment history, psychological/psychiatric assessments, and actuarial assessments and risk assessment tools.  

However, information doesn’t only have to stem from external sources: letters of support for the incarcerated individual may come from employers, loved ones, program workers, and social workers, among others. This gives the chance for you to challenge the possible narrative being presented of you as dangerous, aggressive, unaccountable, etc. We cannot emphasize how important it is to provide your perspective to the Board. It may feel that the Parole Board's language of "public safety" and "risk" can only support the narrative presented by Corrections. However, letters of support and other personal documentation play a key role in shaping how risk and safety are understood.

If parole is ordered conditions will likely include: reporting to a parole officer, obeying the law, avoiding weapons, and updating any personal (family, domestic, or financial) changes. The Parole Board may also impose special conditions—like no drug or alcohol use or no contact with victims—to help manage possible risks to the community. If parole conditions are not followed, the Parole Board of Canada has the power to revoke parole and return the individual back to prison.  

Decisions around granting parole and parole conditions are often a case-by-case situation: if you have any questions or are unclear about your own parole, we would strongly encourage you to get legal advice.  

What is the role of a Parole Officer? 

If the Parole Board makes the decision, and you submit all your documentation – what does the Parole Officer do?  

Well, when you are federally incarcerated you will be assigned what is called an “Institutional Parole Officer”. This is a Parole Officer that you are connected with while in prison. In their role they must provide you access to the Parole Board for hearings, adjournments and document submission. Institutional Parole Officer’s are also responsible for helping connect you with community organizations like halfway houses, and otherwise helping you build a plan for release.  

Once you have been awarded parole, you will then be assigned to a Community Parole Officer. You will report to this Parole Officer according to your conditions of release. This Parole Officer is meant to provide ongoing support to you while you transition away from institutionalization. This includes, surveilling you and holding you accountable for any breach or almost breach of conditions.  

Why parole? 

The purpose of parole is to allow a person to serve part of their sentence, that would otherwise be in custody, in the community.  Parole provides people who are incarcerated with a more gradual and controlled reintegration while still being held to the standard of parole release conditions, which is both important for the individual rejoining society, as well as for public safety.  

Do you or a loved one need help navigating parole? 

Navigating parole or probation—whether personally or while supporting a loved one—can be a very challenging process. PATH cannot specifically help with probation, but we can connect you to community resources that do.  

We can help with parole. PATH can be your parole assistant, which includes: representation at hearings, helping to connect with organizations (such as halfway housing), communicating with loved ones, and flexible payment plans, among other things. Please feel free to reach out to us to learn more about how we could assist you during this process.