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What to Expect at an Ontario Parole Board Hearing

30 September, 2025

Photo of Lawyer Hans 'John' KalinaBy Hans 'John' Kalina

parole lawyer

The Ontario Parol Board (“Board”) is an inquisitorial tribunal, which means that its hearings are conducted differently than courts and many other tribunals. For instance, the Board does not follow the traditional rules of evidence. Applicants and their assistants, including legal representatives, are not permitted to call witnesses at hearings, nor to cross-examine a victim after they have given their statement. Instead, applicants or their assistants are typically permitted to submit documents to the Board for use in the hearing, and also to make submissions to the Board before the hearing is over. An assistant can be the applicant’s legal representative, family member, friend, social or community worker or other support person.

  1. The Hearing
    1. As a matter of policy, the Board will usually invite victims to speak first if this is their preference. 
    2. The Board may allow a victim’s assistant to read the victim’s statement on their behalf if the victim identifies as a person with a mental or physical disability that prevents them from communicating clearly. 
    3. If a victim has chosen to attend but does not want to make a submission, the Board might read their submission aloud.
  2. The Board will invite the applicant to tell the Board why they are seeking parole. The applicant may wish to tell the Board about: 
    1. their personal history; 
    2. the offences for which they have been sentenced; 
    3. what they have been doing with their time since they have been incarcerated; and 
    4. their plans if they were to be released on parole.
  3. Submissions
    1. The Board will invite submissions from the applicant’s assistant. 
    2. The Board may ask the applicant questions to clarify issues relevant to parole consideration. These questions may focus on:
      1. Risk factors presented by parole release;
      2. Strategies for managing risk;
      3. Rehabilitation needs; and / or
      4. Plans for reintegration.
  4. Decision 
    1. In order to grant parole, the Board must be satisfied that:
      1. The applicant will not, by reoffending, present an undue risk to society before the expiration of their sentence; and
      2. The applicant’s release will contribute to the protection of society by facilitating the applicant’s reintegration into society as a law-abiding citizen.
    2. The protection of society is the Board’s paramount consideration when determining whether to grant parole. 
    3. Prior to making its decision, the Board will give the applicant an opportunity to address any issues that have come up during the hearing.
    4. Once the questioning and submissions are complete, the Board may leave the hearing to discuss whether to grant parole. The Board will carefully consider all of the information before it to assess the applicant’s suitability for parole.
    5. The Board will provide reasons for its decision and, if parole is granted, determine the conditions that the applicant must follow while on parole.
    6. The Board may return to the hearing to read the decision and conditions. It also may decide to take more time to consider the case and release its decision at a later date. This will typically take five business days, but in any event no later than the applicant’s Parole Eligibility Date.
    7. The applicant and the applicant’s legal representative will be given a copy of the decision and the reasons for the decision in writing. 
    8. The Board will also distribute the decision to correctional facility staff so that it may be added to the applicant’s file.
    9. Victims may request a copy of the Board’s decision by submitting a written request in which case, the Board will review the decision and redact sensitive and personal information.
  5. Conditions of parole release
    1. If the Board grants parole, it will impose conditions that it considers appropriate. The conditions will relate to managing the parolee’s risk of reoffending while on parole or relate to facilitating the parolee’s reintegration into society as a law-abiding citizen.
    2. A parolee must follow all of the conditions that the Board imposes while on parole. The parole period starts on the date of the applicant’s release from the institution and continues to the end of the applicant’s final warrant expiry date, or FWED. This is the date upon which the applicant’s custodial sentence expires.
    3. There are two categories of conditions: standard conditions and special conditions.
    4. Standard conditions of parole release are mandated by the Ministry of Correctional Services Act and apply to all parolees with some exceptions.
    5. These conditions require a parolee to:
      1. Remain within jurisdiction of the Board;
      2. Keep the peace and be of good behaviour;
      3. Obtain the consent of the Board or the Parole Officer for any change of residence or employment
      4. Report as required to the parole supervisor and the local police force;
      5. Refrain from associating with anyone who is engaged in criminal activity or anyone who has a criminal record, unless approved by the Parole Officer;
      6. Carry their parole certificate at all times and present it to any police officer or Parole Officer upon request.
    6. The Board will impose these standard conditions unless there is a reason to modify or remove them. If the Board changes or removes a standard condition, it will give reasons for doing so.
    7. The Board will typically impose a condition requiring the parolee to report to their Parole Officer and the local police force immediately upon release, and afterwards as the police and Parole Officer require.
    8. The Board may also impose special conditions of parole that the Board considers appropriate. Special conditions are tailored to the individual applicant, and commonly include:
      1. Conditions to help mitigate (or manage) certain risk factors (e.g., a requirement to abstain from alcohol or illegal drugs, or a requirement to observe a curfew);
      2. Conditions to help promote the applicant’s rehabilitation (e.g., treatment, assessment or counselling);
      3. Conditions to help facilitate the applicant’s reintegration into society as a law-abiding citizen (e.g., a requirement to pursue or maintain employment or education);
      4. Conditions to help the applicant follow their parole conditions (e.g., a requirement to report regularly to a Parole Officer or GPS monitoring); and
      5. Conditions to facilitate the applicant’s reintegration and rehabilitation by helping with the applicant’s transition from parole to probation. For example, if the applicant has a period of probation after parole during which they must follow probation conditions, the Board may impose the same or similar conditions to ensure a smooth transition from parole to probation.
      6. The Board carefully considers which conditions to impose. Conditions are connected to the criteria for granting parole, and should be the least restrictive means of achieving their purpose, which is to promote the protection of society and to promote the applicant’s rehabilitation and reintegration into society.
      7. Correctional facility staff will often recommend conditions that they think the Board should impose. Although the Board will carefully consider these recommendations, it is not required to impose them. If the Board declines to impose conditions recommended by correctional facility staff, it will typically explain why in its decision.

Call the lawyers at the Law Office of Kalina & Tejpal to assist with appearances before the Ontario Parole Board at (416) 900-6999.


Tags: Bail, jail, Surety

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