INTRODUCTION AND BRIEF DESCRIPTION
This section requires the Parole Board of Canada to review the condition and circumstances of a person in custody for an indeterminate period every two years after the expiration of seven years to determine whether they should be granted parole under the Corrections and Conditional Release Act.
SECTION WORDING
761(1) Subject to subsection (2), where a person is in custody under a sentence of detention in a penitentiary for an indeterminate period, the Parole Board of Canada shall, as soon as possible after the expiration of seven years from the day on which that person was taken into custody and not later than every two years after the previous review, review the condition, history and circumstances of that person for the purpose of determining whether he or she should be granted parole under Part II of the Corrections and Conditional Release Act and, if so, on what conditions.
EXPLANATION
Section 761(1) of the Criminal Code of Canada outlines the responsibilities of the Parole Board of Canada towards individuals who are serving a sentence of detention in a penitentiary for an indeterminate period. The section requires the Parole Board to conduct a review of the condition, history, and circumstances of such individuals every two years after the previous review and at the expiration of seven years from the day on which an individual was taken into custody. The purpose of these reviews is to determine whether an individual should be granted parole under Part II of the Corrections and Conditional Release Act and, if so, on what conditions. The Parole Board reviews an individual's character, conduct, and rehabilitation progress and considers factors such as the severity of the offense, the risk to public safety, and the likelihood of reoffending before granting parole. The requirements outlined in Section 761(1) aim to ensure that individuals serving a sentence of detention in a penitentiary are not left in limbo without a clear pathway for release. It also supports rehabilitation efforts, as individuals are given the opportunity to demonstrate their rehabilitation progress over time and, if deemed suitable, allowed to reintegrate into society under regulated conditions. In summary, Section 761(1) reinforces the importance of the Parole Board's role in assessing and managing the release of individuals serving indeterminate sentences. It ensures that the process for granting parole is transparent, consistent, and aimed at protecting public safety while providing prisoners with a chance to rehabilitate and reintegrate into society.
COMMENTARY
Section 761(1) of the Criminal Code of Canada outlines the requirements for reviewing the detention of an individual who is serving a sentence of detention in a penitentiary for an indeterminate period. The review process is conducted by the Parole Board of Canada, and it is aimed at determining whether the individual should be granted parole under Part II of the Corrections and Conditional Release Act. The purpose of the review is to assess the condition, history, and circumstances of the individual in question. This information is used to determine whether the individual has made sufficient progress towards rehabilitation and whether they can safely be released back into the community. The review process is conducted at regular intervals, with the first review taking place after seven years of detention, followed by subsequent reviews every two years. The review process outlined in Section 761(1) is an important aspect of the Canadian criminal justice system. It is designed to balance the rights of the individual with the need to protect society from potential harm. By reviewing the condition, history, and circumstances of the individual, the Parole Board of Canada can make an informed decision about whether to grant parole and what conditions should be attached to the parole. One of the key benefits of the review process is that it provides individuals with the opportunity to demonstrate their progress towards rehabilitation and their readiness to reintegrate into society. It also ensures that detention is not indefinite and that individuals are not held in custody longer than necessary. The regular reviews help to ensure that parole decisions are based on up-to-date information and that the risk of harm to society is minimized. However, the review process outlined in Section 761(1) is not without its challenges. One of the main concerns is the potential for bias in the review process. This could be due to factors such as the background of the Parole Board members, the availability of resources for the review process, and the pressure to make decisions within a certain timeframe. Another challenge is ensuring that the review process is fair and consistent for all individuals. There is a risk that some individuals may be treated unfairly due to factors such as their race, gender, or socioeconomic status. To address this concern, it is important that the review process is conducted in accordance with established guidelines and that appropriate training is provided to those involved in the process. In conclusion, Section 761(1) of the Criminal Code of Canada outlines an important aspect of the Canadian criminal justice system. The review process it outlines helps to ensure that individuals are not held in custody indefinitely and that parole decisions are based on up-to-date information. While there are challenges associated with the review process, it remains an important component of the system that balances the rights of the individual with the needs of society.
STRATEGY
Section 761(1) of the Criminal Code of Canada provides for mandatory parole reviews for individuals who are serving a sentence of detention in a penitentiary for an indeterminate period. The review is supposed to happen after a period of seven years from the day the person was taken into custody, and subsequently, every two years. The Parole Board of Canada (PBC) undertakes this review to determine whether the person should be released on parole. However, there are strategic considerations that must be taken into account when dealing with this aspect of the law. One of the primary strategic considerations is the timing of the parole review. For example, if the individual has been incarcerated for over seven years, it may be advantageous to request an early review of their case. This way, if they are found eligible for parole and granted release, they will have had more time to readjust to life outside the prison and plan their reintegration successfully. Conversely, if the person has served under seven years, it may be best to wait for the mandatory review to take place so that they can use the intervening time to improve their situation before the parole hearing. Another strategic consideration is presenting the individual's case in the best light possible. Counsel representing the person up for parole should provide all relevant information to the PBC and make a compelling case for why their client should be released on parole. The presentation should include information about any progress the individual has made while incarcerated, such as vocational training, education, or therapy, and how this will help them successfully reintegrate into society. Another significant strategic consideration is the potential conditions that could be imposed on individual if they are granted parole. During the parole review, the PBC determines not only whether the person should be granted parole but also in what capacity and under what conditions. Therefore, it is essential to advocate for conditions that are realistic, achievable, and do not impede the person's successful rehabilitation and reintegration into society. This may include things like regular therapy, ongoing education, or supervised housing at a halfway house. Overall, there are several strategic considerations when dealing with section 761(1) of the Criminal Code of Canada. These include timing the review appropriately, presenting the person's case in the best possible light, and negotiating reasonable conditions for their parole release. By considering these factors, counsel can help their clients get the best outcome possible from the parole review.