119. (1) Time when eligible for day parole - Subject to section 746.1 of the Criminal Code, subsection 140.3(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act, the portion of a sentence that must be served before an offender may be released on day parole is

one year, where the offender was, before October 15, 1977, sentenced to preventive detention;

where the offender is an offender, other than an offender referred to in paragraph (b.1), who was sentenced to detention in a penitentiary for an indeterminate period, the longer of

the period required to be served by the offender to reach the offender's full parole eligibility date, determined in accordance with section 761 of the Criminal Code, less three years, and

the period required to be served by the offender to reach the offender's full parole eligibility date, determined in accordance with subsection 120.2(2), less three years;

where the offender was sentenced to detention in a penitentiary for an indeterminate period as of the date on which this paragraph comes into force, the longer of

three years, and

the period required to be served by the offender to reach the offender's full parole eligibility date, determined in accordance with subsection 120.2(2), less three years;

where the offender is serving a sentence of two years or more, other than a sentence referred to in paragraph (a) or (b), the greater of

the portion ending six months before the date on which full parole may be granted, and

six months; or

one half of the portion of the sentence that must be served before full parole may be granted, where the offender is serving a sentence of less than two years.

         (1.1) Time when eligible for day parole - Notwithstanding section 746.1 of the Criminal Code, subsection 140.3(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act, an offender described in subsection 746.1(1) or (2) of the Criminal Code or to whom those subsections apply pursuant to subsection 140.3(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act, shall not, in the circumstances described in subsection 120.2(2) or (3), be released on day parole until three years before the day that is determined in accordance with subsection 120.2(2) or (3).

         (1.2) When eligible for day parole -- young offender sentenced to life imprisonment- Notwithstanding section 746.1 of the Criminal Code, subsection 140.3(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act, in the circumstances described in subsection 120.2(2), the portion of the sentence of an offender described in subsection 746.1(3) of the Criminal Code or to whom that subsection applies pursuant to subsection 140.3(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act that must be served before the offender may be released on day parole is the longer of

the period that expires when all but one fifth of the period of imprisonment the offender is to serve without eligibility for parole has been served, and

the portion of the sentence that must be served before full parole may be granted to the offender, determined in accordance with subsection 120.2(2), less three years.

         (2) Short sentences - The Board is not required to review the case of an offender who applies for day parole if the offender is serving a sentence of less than six months.

[1992, c. 20, s. 119; 1995, c. 22, ss. 13, 18, c. 42, ss. 33, 69(E); 1997, c. 17, s. 20; 1998, c. 35, s. 111; 2000, c. 24, s. 37. ]

Corresponding Regulations: Sections 157-165 Placement and Transfers

119.1 (1) When eligible for day parole -- offenders eligible for accelerated parole review - The portion of the sentence of an offender who is eligible for accelerated parole review under sections 125 and 126 that must be served before the offender may be released on day parole is six months, or one sixth of the sentence, whichever is longer.

[1997, c. 17, s. 21. ]

120. (1) Time when eligible for full parole - Subject to sections 746.1 and 761 of the Criminal Code and to any order made under section 743.6 of that Act, to subsection 140.3(2) of the National Defence Act and to any order made under section 140.4 of that Act, and to subsection 15(2) of the Crimes Against Humanity and War Crimes Act, an offender is not eligible for full parole until the day on which the offender has served a period of ineligibility of the lesser of one third of the sentence and seven years.

         (2) Life sentence - Subject to any order made under section 743.6 of the Criminal Code or section 140.4 of the National Defence Act, an offender who is serving a life sentence, imposed otherwise than as a minimum punishment, is not eligible for full parole until the day on which the offender has served a period of ineligibility of seven years less any time spent in custody between the day on which the offender was arrested and taken into custody, in respect of the offence for which the sentence was imposed, and the day on which the sentence was imposed.

[1992, c. 20, s. 120; 1995, c. 22, s. 13, c. 42, s. 34; 1998, c. 35, s. 112; 2000, c. 24, s. 38. ]

120.1 (1) Additional consecutive sentence - Where an offender who is serving a sentence receives an additional sentence that is to be served consecutively to the sentence the offender was serving when the additional sentence was imposed, the offender is not eligible for full parole until the day on which the offender has served, commencing on the day on which the additional sentence was imposed,

any remaining period of ineligibility in relation to the sentence the offender was serving when the additional sentence was imposed; and

the period of ineligibility in relation to the additional sentence.

         (2) Additional sentence to be served consecutively to a portion of the sentence - Notwithstanding subsection (1), where an offender who is serving a sentence receives an additional sentence that is to be served consecutively to a portion of the sentence the offender was serving when the additional sentence was imposed, the offender is not eligible for full parole until the day that is the latest of

the day on which the offender has served the period of ineligibility for full parole in relation to the sentence the offender was serving when the additional sentence was imposed,

the day on which the offender has served, commencing on the date on which the additional sentence was imposed, the period of ineligibility for full parole in relation to the additional sentence, and

the day on which the offender has served the period of ineligibility for full parole in relation to the sentence that includes the additional sentence as provided by subsection 139(1).

[1995, c. 42, s. 34; 1997, c. 17, s. 22(F). ]

120.2 (1) Additional concurrent sentence - Subject to subsection (2), where an offender who is serving a sentence receives an additional sentence that is to be served concurrently with any portion of the sentence the offender was serving when the additional sentence was imposed, the offender is not eligible for full parole until the day that is the later of

the day on which the offender has served the period of ineligibility in relation to the sentence the offender was serving when the additional sentence was imposed, and

the day on which the offender has served

the period of ineligibility in relation to any portion of the sentence that includes the additional sentence as provided by subsection 139(1) and that is subject to an order under section 743.6 of the Criminal Code or section 140.4 of the National Defence Act, and

the period of ineligibility in relation to any other portion of that sentence.

         (2) Where sentence in addition to life sentence - Where an offender who is sentenced to life imprisonment or for an indeterminate period receives an additional sentence for a determinate period, the offender is not eligible for full parole until the day on which the offender has served, commencing on the day on which the additional sentence was imposed,

any remaining period of ineligibility to which the offender is subject; and

the period of ineligibility in relation to the additional sentence.

         (3) Where reduction of period of ineligibility for parole - Where, pursuant to section 745.6 of the Criminal Code, subsection 140.3(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act, there has been a reduction in the number of years of imprisonment without eligibility for parole of an offender referred to in subsection (2), the offender is not eligible for full parole until the day on which the offender has served, commencing on the day on which the additional sentence was imposed,

the remaining period of ineligibility to which the offender would have been subject, after taking into account the reduction; and

the period of ineligibility in relation to the additional sentence.

[1995, c. 22, s. 18, c. 42, s. 34; 1997, c. 17, s. 23(F); 1998, c. 35, s. 113; 2000, c. 24, s. 39. ]

120.3 (1) Maximum period - Subject to section 745 of the Criminal Code, subsection 140.3(1) of the National Defence Act and subsection 15(1) of the Crimes Against Humanity and War Crimes Act, where an offender who is serving a sentence receives an additional sentence, the day on which the offender is eligible for full parole shall not be later than the day on which the offender has served fifteen years from the day on which the last of the sentences was imposed.

[1995, c. 22, s. 18, c. 42, s. 34; 1998, c. 35, s. 114; 2000, c. 24, s. 40. ]

121. (1) Exceptional cases - Subject to section 102 and notwithstanding sections 119 to 120.3 or any order made under section 743.6 of the Criminal Code or section 140.4 of the National Defence Act, parole may be granted at any time to an offender

who is terminally ill;

whose physical or mental health is likely to suffer serious damage if the offender continues to be held in confinement;

for whom continued confinement would constitute an excessive hardship that was not reasonably foreseeable at the time the offender was sentenced; or

who is the subject of an order of surrender under the Extradition Act and who is to be detained until surrendered.

         (2) Exceptions - Subsection (1) does not apply to an offender who is

serving a life sentence imposed as a minimum punishment or commuted from a sentence of death; or

serving, in a penitentiary, a sentence for an indeterminate period.

[1992, c. 20, s. 121; 1995, c. 22, s. 13, c. 42, s. 35; 1998, c. 35, s. 115; 1999, c. 18, s. 86. ]

Hutchins v Canada (National ParoleBoard) - [1993] 3 F.C. 505, 83 C.C.C. (3d) 563, 156 N.R. 205 (C.A.)

- Pursuant to the former s11(1)(e) of the Parole Act, the prisoner lost the right to parole by exception for the purpose of deportation, because he did not have a hearing prior to the Parole Act R.S.C. 1985 c P-2 and its Regulations being repealed. The majority (2:1) held that, despite his being liable to deportation, and although he had taken necessary steps toward a deportation order, this prisoner did not have an accruing right under s43(c) of the Interpretation Act and therefore was subject to this Act, which does not provide for parole by exception for deportation.

United States of America v McCallister - (1994), 63 Q.A.C. 68 (C.A.) -leave to SCC refused, Oct. 10, 1994

- Subsection 121(1)(d) provides for parole to someone serving a sentence in Canada and under an order of the Extradition Act, but the Minister of Justice can order a surrender of the fugitive before the sentence is up, pursuant to s25 of the Extradition Act.