What is the effect of full parole for an offender who has been on full parole under section 128 of the Criminal Code?

Canada (Federal), Canada

The following excerpt is from R. v. Zinck, [2003] 1 SCR 41, 2003 SCC 6 (CanLII):

20 At the end of this process of observation and review, full parole may be granted. The granting of full parole does not amount to a reduction of the jail sentence. The offender is still serving his or her sentence until the end of the term. Our Court has defined such a decision as an alteration of the conditions under which the sentence is being served (Cunningham v. Canada, 1993 CanLII 139 (SCC), [1993] 2 S.C.R. 143, at pp. 150-51, per McLachlin J. (as she then was); M. (C.A.), supra, at para. 61). At the same time, under s. 128 of the Act, the offender on full parole is entitled to remain at large and is not obliged to live within the four walls of the correctional institution. Although the sentence is not over and measures of supervision remain in place, full parole grants an offender a very substantial degree of personal freedom. As mentioned above, this process generally used to fall outside the functions of the sentencing courts, which did not have to concern themselves about parole eligibility, its conditions and its supervision.

Other Questions


When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
What is the effect of Section 667.61 of the Penal Code, Section 1203.066 of the Criminal Code, and the One Strike Law on sex offenders? (MultiRegion, United States of America)
Is a section of the Criminal Code extending criminal liability beyond the express terms of the criminal code sufficient to be considered unconstitutional? (MultiRegion, United States of America)
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (MultiRegion, United States of America)
Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)
What is the test for a federal conviction for a violation of section 11358 of the Criminal Code of New York City (the federal criminal code) of Section 11358, and what is the current state of the law on such a violation? (MultiRegion, United States of America)
Does a categorical approach apply to determine whether a violation of section 2423(b) of the Civil Code falls under Section 3283 of the Criminal Code? (MultiRegion, United States of America)
Can a criminal conviction be brought under section 2241 of the Criminal Code because of an erroneous career offender designation? (MultiRegion, United States of America)
What is the test for subsection 2(3) of the Criminal Code of Canada section 5(6) of Section 7(2) of section 6(3)? (Canada (Federal), Canada)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.