Conditional Release and Human Rights in Canada: A Commentary

Abstract

Liberty interests and human rights are at stake when granting, denying, suspending, or revoking conditional releases of prisoners. An evidence-based program of gradual conditional release is the best way of reducing recidivism and enhancing public safety. The “get tough on crime” approach affects the degree to which conditional release is used and relied upon by correctional and parole authorities. This commentary reviews key concerns regarding the accountability of both Parole Board Canada and the Correctional Service of Canada when making decisions about conditional release. Factors that have influenced the diminishing contribution to early release are discussed. The “changing profile” of the federal prisoner population is used to identify important failures in Canadian public policy and in upholding the human rights of prisoners.