Parole, re-entry and reintegration

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Given the gross overrepresentation of Black people in correctional institutions in Canada, parole, re-entry, and reintegration into the community represent another key focus of the Strategy. This Strategy calls for wide-spread decarceration because we recognize the vast collateral consequences of incarceration (see Kirk and Wakefield, 2018) and question its utility as a broad approach to dealing with criminality (Cullen et al, 2011), especially in light of what we have documented with respect to the “social determinants of justice” above (see Clear, 2009).

Evidence from the federal system suggests that Black prisoners are less likely on average than the general prisoner population to receive temporary absences, day parole, and full parole (OCI, 2020). An analysis of grant rates by race between 2012-2018 found that Black men in federal prisons were 24% less likely than white men to be granted parole in the first year they became eligible, even after controlling for other relevant factors like age, sentence length, offence severity, and risk assessment scores (Cardoso, 2022). Differential access to parole is especially pronounced for young Black prisoners, who are even less likely to be granted both day and full parole compared to the general prisoner population (OCI, 2017).^{Footnote 15}

Access to temporary absences, day parole, and full parole are important as they serve to facilitate the re-entry and reintegration process by enabling prisoners to transition back into the community while still serving their sentence. A lack of access to these forms of release by Black prisoners may be influenced by other forms of racial inequity experienced within correctional settings, such as those discussed in the previous section, “Corrections.” A lack of health care, mental health care, skills training, counselling or even the ability to make affordable phone calls, and trauma from being mistreated in the institution, means that many offenders are not doing well when they are released. They can then be overwhelmed with their new freedom.

In light of this reality, the Standing Senate Committee on Human Rights has called on CSC to “implement a strategy to reduce barriers to early release for federally-sentenced Black persons” (2021). CSC must make more concerted efforts to better prepare Black prisoners for release.

The opinion of a parole officer, as shared at a parole hearing, is very important, and the recommendations in the Corrections section regarding programming, culturally-appropriate resources, resolution of complaints and the conduct of correctional officers also apply to our proposed recommendations for the parole system.

Consultation participants noted that community groups are not involved in release planning as often as they should be, and even where they are involved, they do not always have the resources to properly support individuals needing their services. Even successful community-led programs, such as the Hoodistique program in Quebec which provides targeted parole services to Black offenders, have limited funding (in that case, a 3-year funding commitment) and face barriers in getting started.

The re-entry and reintegration experiences of Black people are also heavily influenced by factors in the community. Through its work on the Federal Framework to Reduce Recidivism (2022), Public Safety Canada has recently identified five priority areas to assist offenders with their reintegration: housing, education, employment, health, and positive support networks. These priority areas align with the social determinants of justice outlined above. Individuals returning to the community after a period of incarceration also have the additional concern of a criminal record, which can make it even harder to access services or find employment. They may also require specialized services, especially in the areas of addictions and mental health and gang disaffiliation, as incarceration often worsens these issues.

The great needs of inmates being released were summed up by a participant from the DESTA Black Community Network, Community engagements and consultations held in Quebec, in 2023, who said, “treat them with love and respect.”

Recommendations

Short term

104. Enhance funding and resourcing to increase the number of African Canadian Integration Officers.
105. Increase funding for IRCAs to enable their utilization at parole hearings.
106. Release inmates in the province where they wish to be released, with access to services in the official language of their choice.
107. Create partnerships with community-based organizations with experience in assisting African Canadians with reintegration. Properly resource these organizations and allow them access to inmates while they are still incarcerated to help with release planning.
108. Identify, hire and train more Black people to work as parole officers, probation officers, correctional officers, parole board members and others involved in release and reintegration.
109. Retroactively cancel the imposition of the Victim Services Surcharge for all convictions from 1989 to 2018 and consider the five-year waiting period for a record suspension to start running from the time that the rest of the sentence was complete.
110. Amend s.732 of the Criminal Code to prevent individuals being placed on strict probation programs without the knowledge and input of the sentencing judge and defence counsel.

Medium term

111. Review and revise the criteria for parole decisions to make sure that decisions are based on objective information and not influenced by racial bias.
     • Mitigate the impact that systemic racial inequalities in correctional outcomes has on access to parole (for example, racial inequities in risk assessments and security classification, inequities in disciplinary practices, inequities in assessments of institutional adjustment and attitudes towards the justice system).
112. Provide mandatory education and training in anti-Black racism and cultural competency to parole officers and parole board members.
     • Work with the provinces and territories to provide this training to probation officers.
113. Create a mechanism to hold decision-makers accountable when they make biased decisions on parole.
114. Work with stakeholders from Black communities to revise the National Crime Prevention Strategy and Federal Framework to Reduce Recidivism to include measures targeted to Black individuals and communities.

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