Archives: Practices

What is a Faint Hope Application?

A “faint hope application” is a legal process in Canada that allows certain prisoners who have been sentenced to life imprisonment with no possibility of parole for at least 15 years to apply for early parole. The application is based on the principle of “faint hope”, which acknowledges that even prisoners who have committed serious crimes may be capable of rehabilitation and redemption.

A person who has been sentenced to life imprisonment with no possibility of parole for at least 15 years may apply for a faint hope hearing after they have served at least 15 years of their sentence. The application is made to the Chief Justice of the province in which the person was convicted, and a hearing is held to determine whether the person is eligible for early parole.

At the hearing, the applicant must show that there is a “substantial likelihood” that they would be granted parole if they were eligible to apply for it, and that they have made significant progress towards rehabilitation and have not posed a risk to public safety while in custody. The hearing is conducted by a jury of twelve people, and if the jury agrees that the applicant meets the criteria for a faint hope application, the person’s sentence may be reduced to allow for the possibility of early release on parole. A jury verdict in favour of releaseability allows the applicant to then go to the Parole Board of Canada for a final determination on early release.

Who is Eligible for a Faint Hope Application?

Under s. 745.6 of the Criminal Code, only prisoners who have been sentenced to life imprisonment with no possibility of parole for at least 15 years are eligible to apply for a faint hope application. This includes individuals who have been convicted of first-degree murder, which carries an automatic life sentence with no possibility of parole for 25 years, as well as those who have been convicted of other serious offenses that carry a life sentence.

To be eligible for a faint hope application, the prisoner must have already served at least 15 years of their sentence, and must have no previous convictions for certain offenses, such as murder, attempted murder, or sexual assault. The prisoner must also have made significant progress towards rehabilitation and must not pose a risk to public safety while in custody.

As a result of Bill S-6, this useful mechanism has been eliminated for all “lifers” whose offences were committed after December 2, 2011, even if they no longer represent an undue risk to the community and would most benefit from release.

The lawyers at LZZ have conducted successful Faint Hope hearings, giving our clients the chance at early release. If you or someone you know is eligible for a Faint Hope hearing, please contact us at (416) 613-0416, (416) 595-9500 or contact us.

Prisoner rights are the legal protections and fundamental human rights afforded to individuals who have been incarcerated or detained by the government as a result of their involvement in the criminal justice system. These rights are designed to ensure that prisoners are treated fairly, with dignity, and in accordance with the principles of justice.

The key legislation governing Canadian federal prisons is the Corrections and Conditional Release Act. This legislation purports to protect the human rights of prisoners by regulating confinement conditions, health care, correctional plans for rehabilitation, escorted temporary absences, grievances, searches and seizures, structured intervention units, conditional release, parole eligibility, statutory release, and so on.

Canadian prisoners also retain protections under the Charter of Rights and Freedoms including the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice, the right to freedom from cruel and unusual treatment or punishment, and the rights to substantive equality and freedom from discrimination.

Prisoners’ rights include:

1. Protection from Cruel and Unusual Punishment: This includes protection from excessive force, torture, and inhumane conditions of confinement.
2. Right to Due Process: Prisoners have the right to a fair and impartial disciplinary process, which includes notice of charges, the right to present a defense, and the right to appeal disciplinary decisions.
3. Access to Medical Care: Prisoners have a right to adequate medical care, as withholding necessary medical treatment can constitute a violation of the Corrections and Conditional Release Act.
4. Freedom of Religion: Prisoners generally have the right to practice their religion, subject to certain limitations imposed by legitimate security concerns.
5. Protection from Discrimination: Prisoners are protected from discrimination based on factors such as race, religion, gender, or disability.
6. Visitation Rights: Many legal systems allow prisoners to have regular contact with their family and friends, although this can be subject to security considerations.
7. Access to Education and Rehabilitation Programs: Access to programming is crucial to rehabilitation and therefore one’s chances at parole. Programming also aims to help prisoners acquire new skills and prepare for reintegration into society.
8. Protection of Personal Property: Prisoners generally have a right to the protection of their personal property while incarcerated.
9. Privacy Rights: Prisoners have some limited expectation of privacy in their cells and personal belongings.

Various independent bodies, such as the Office of the Correctional Investigator and Canadian Senate continuously find that the Correctional Service of Canada frequently fails to meet its legal obligations under the CCRA. More disturbingly, organizations continue to describe CSC’s relationship with the Rule of Law as tenuous.

The Senate, for instance, has called upon the Canadian Government to immediately implement all Calls to Action issued by the Truth and Reconciliation Commission to address the overrepresentation of Indigenous Peoples in Canadian federal prisons. The Senate also called for studies and strategies to combat the overrepresentation of Black persons.

CSC frequently fails to provide adequate health care as required by the CCRA. Injuries are often needlessly neglected which in turn exacerbates the initial injury.

Prisoners retain the common law right to sue CSC for torts such as negligence and assault and battery, as well as the constitutional right to sue for a remedy for Charter violations.

If you are a prisoner or a loved one fears that a prisoner’s rights have been violated, contact Jeffrey Hartman at 416-613-0416 to discuss the situation. Jeffrey had built his reputation on advocating for his client’s rights against CSC and its lawyers to get the justice that prisoners are entitled to.

Lockyer Zaduk Zeeh regularly conducts parole hearings for offenders convicted of all offences including murder. The lawyers at LZZ are successful at securing parole for their clients and ensuring their return into the community. LZZ represents people nationwide who need assistance during their parole hearing. LZZ also provides consultation services to assist those navigating the complexities of the prison system.

Parole Eligibility

An inmate convicted of a crime are eligible for parole after they have served one-third of their sentence, and eligible for statutory release after they have served two-thirds of their sentence. These numbers are determined based on the remnant of the individual’s sentence after they have received credit for pre-sentence custody. For example, if an individual is sentenced to 4 years in custody, but they received credit for 1.5 years, the 1/3 and 2/3 numbers will be calculated based on the remaining sentence of 2.5 years.

The rules differ when deal with a life sentence. Individuals convicted of first-degree murder are not eligible for parole until they have served 25 years of their sentence. For individuals convicted of second-degree murder, the judge will set parole eligibility between 10 and 25 years. The individual would have the right to a parole hearing after 7 years, if they have been sentenced to a life sentence without a minimum period of ineligibility.

Some offenders are also eligible for work release, Day Parole, or Unescorted Temporary Absences. Parole-by-Exception can also be secured in extraordinary circumstances.

What to Expect at a Parole Hearing

Parole hearings are significantly different than other hearings in the criminal justice system. They take place before a tribunal made up of Parole Board members, rather than a judge, and they are typically held at the prison where the individual is serving their sentence.

The purpose of the hearing is to help the Board members assess the risk the individual may pose to the public should they be granted conditional release. Board members determine whether this risk could be managed effectively in the community.

Much of the hearing is devoted to the Board’s questioning of the offender. The offender’s lawyer and parole officer may also make submissions. A victim may present a victim impact statement.

Our Lawyers Succeed at Parole Hearings in Provincial and Federal Institutions

Our lawyers have had great success before both the Ontario Parole Board and Parole Board of Canada. Our lawyers have secured release for the those convicted of the most serious offences, including gun offences and individuals convicted of multiple homicides. LZZ works with offenders to develop strong release plans and to ensure that they are well-prepared for the tough questions asked at parole hearings.

Common Questions Regarding Parole

What is the difference between Provincial and Federal corrections?

Provincial corrections is concerned with offenders who have been sentenced for two years less a day, or less, only. Federal corrections is concerned with offenders who have been sentenced for two years or more.

What is the intake process when you are incarcerated?

Once you have been sentenced, an intake assessment occurs to determine your risk level and needs. After the intake, you will be placed in an institution which meets your security level and a correctional plan will be crafted to suit your needs. The intake will identify your risk factors, your background, and your risks to the institution and correctional staff.

What is the difference between minimum, medium, and maximum security institutions?

Maximum Security: They are the most restrictive institutions since they house those who pose the greatest risk of escape and hence, the greatest danger to society. The buildings are surrounded by barbed-wire fences, and correctional officers are armed and posted in towers or other strategic surveillance locations.

Medium Security: Although medium institutions are fenced, the institution is less restrictive.

Minimum Security: Minimum security institutions are like small communities where inmates live in housing units with no fencing. Inmates’ routines are less restrictive. They can organize their schedule according to the activities they are required to participate in, and often are responsible for their own meals. This creates a sense of responsibility and prepares them for life in the community.

What is a Correctional Plan?

A Correctional Plan is a document that outlines a customized risk management strategy for each offender before they leave institutions on conditional release. This will include courses and programs that must be completed.

What is parole – When am I eligible for parole?

Parole allows offenders to serve their sentences in the community under strict conditions of release and the supervision of a parole officer. If they abide by their conditions of release, they will remain under sentence in the community until their sentence is completed in full, or for life in the case of offenders serving life or indefinite sentences.

Inmates are eligible for full parole after serving one-third of their sentence, or seven years, whichever is less. Different eligibility rules apply for offenders serving life sentences for murder or indeterminate sentences. The fact that offenders are eligible for parole, however, does not mean parole will be granted since the Parole Board would need to grant parole.

What kinds of conditional release are there?

Temporary Absence (Escorted or Unescorted): Temporary releases are granted for medical or humanitarian reasons, or to provide inmates with an opportunity to attend appropriate programs in the community. Unescorted temporary absences from federal maximum and medium security institutions are limited to 48 hours per month (or 72 hours in minimum security). Wardens have the right to grant temporary absences to inmates serving less than five years, while the board deals with those serving longer sentences. Provincial institutions have their own temporary absence policies and programs.

Day Parole: Day Parole provides an opportunity for inmates to participate in approved community-based activities. It may be granted to complete education or training, to take part in community service projects or seasonal work, or to maintain or strengthen family ties. Day Parole may be granted for a maximum of 12 months, but the usual term is four to six months. It can also be extended. Day Parole decisions are made by the Parole Board.

Full Parole: Offenders may be eligible for Full Parole after serving the first third of their sentence. If granted Full Parole, offenders will serve the balance of their sentence under supervision in the community.

What is statutory release – When am I eligible for statutory release

Statutory release, however, is a legal provision that automatically entitles most offenders, who have not been granted parole, to serve the final one-third of their sentence in the community. Offenders serving life and indeterminate sentences are not entitled to statutory release.

When you are released on statutory release, you will be in the community under strict conditions of release and the supervision of a parole officer.

Who makes decisions on parole – Who is the Parole Board?

The Parole Board of Canada is the organization of the criminal justice system that makes independent, conditional-release and pardon decisions, and clemency recommendations. Although your parole officers, also known as your case management team, will provide his or her input on your release, it is only a recommendation that the Parole Board will consider when making their decision.

What factors does the Parole Board consider when making decisions?

Board members assess each case individually in terms of risk and public safety. The Board’s assessment of the risk presented by an offender on parole is based on three major factors:

• Criminal history;
• Institutional behaviour and benefit from programs; and
• Release plan.