133. (1) Definition of "releasing authority" - In this section, "releasing authority" means

the Board, in respect of

unescorted temporary absences authorized by the Board under subsection 116(1),

the Commissioner, in respect of un escorted temporary absences authorized by the Commissioner under subsection 116(2), or

the institutional head, in respect of unescorted temporary absences authorized by the institutional head under subsection 116(2).

         (2) Conditions of release - Subject to subsection (6), every offender released on parole, statutory release or unescorted temporary absence is subject to the conditions prescribed by the regulations.

         (3) Conditions set by releasing authority - The releasing authority may impose any conditions on the parole, statutory release or unescorted temporary absence of an offender that it considers reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender.

         (4) Residence requirement - Where, in the opinion of the releasing authority, the circumstances of the case so justify, the releasing authority may require an offender, as a condition of parole or unescorted temporary absence, to reside in a community-based residential facility.

         (4.1) Residence requirement - In order to facilitate the successful reintegration into society of an offender, the releasing authority may, as a condition of statutory release, require that the offender reside in a community-based residential facility or in a psychiatric facility, where the releasing authority is satisfied that, in the absence of such a condition, the offender will present an undue risk to society by committing an offence listed in Schedule I before the expiration of the offender's sentence according to law.

         (4.2) Definition of "community-based residential facility" - In subsection (4.1), "community-based residential facility" includes a community correctional centre but does not include any other penitentiary.

         (4.3) Not necessary to determine particular offence - For the purposes of subsection (4.1), the releasing authority is not required to determine whether the offender is likely to commit any particular offence.

         (4.4) Consent of commissioner - A condition under subsection (4.1) that an offender reside in a community correctional centre is valid only if consented to in writing by the Commissioner or a person designated, by name or by position, by the Commissioner.

         (5) Duration of conditions - A condition imposed pursuant to subsection (3), (4) or (4.1) is valid for such period as the releasing authority specifies.

         (6) Relief from conditions - The releasing authority may, in accordance with the regulations, before or after the release of an offender,

in respect of conditions referred to in subsection (2), relieve the offender from compliance with any such condition or vary the application to the offender of any such condition; or

in respect of conditions imposed under subsection (3), (4) or (4.1), remove or vary any such condition.

[1992, c. 20, s. 133; 1995, c. 42, ss. 48, 71(F); 1997, c. 17, s. 28. ]

S.(M.) v Mountain Institution - (1997), 151 W.A.C. 288 (BCCA)

- This section provides the Board with a broad discretion to place conditions on a release order.

134. (1) Instructions to released offenders - An offender who has been released on parole, statutory release or unescorted temporary absence shall comply with any instructions given by a member of the Board or a person designated, by name or by position, by the Chairperson of the Board or the Commissioner, or given by the institutional head or by the offender's parole supervisor, respecting any conditions of parole, statutory release or unescorted temporary absence in order to prevent a breach of any condition or to protect society.

         (2) Definition of "parole supervisor" - In this section, "parole supervisor" means

a staff member as defined in subsection 2(1); or

a person entrusted by the Service with the guidance and supervision of an offender on parole, statutory release or unescorted temporary absence.

[1992, c. 20, s. 134; 1995, c. 42, s. 71(F); 1997, c. 17, s. 29. ]

R. v Gibb - (1998), 131 C.C.C. (3d) 253 (Sask. CA), 1998 CanLII 12394 (SK C.A.)

- The principle against self-incrimination does not apply when an accused person who is at large and in breach of terms and conditions of release is being questioned by the parole officer about activities while on an unescorted temporary absence.

Corresponding Regulations: Sections 161-162 Conditions of Release