Offender Mohamed Hassan Hersi
Date: November 25, 2020
Classification: Unclassified
Branch / Agency: Parole Board of Canada
Issue:
On November 25th, 2020 Global News reported that Mohamed Hassan Hersi, allegedly the first person convicted of trying to leave Canada to join a terrorist group, is scheduled for statutory release from prison on December 23, 2020. According to the report, the Parole Board of Canada has flagged a list of concerns with his pending release, stating “the Board sees very little in your file that would suggest you are ready to return to the community as a law-abiding citizen.”
Proposed Response:
- While I cannot comment on the details of specific cases, I can assure Committee members that the Government remains concerned with home-grown terrorism and is working with our security agencies to ensure public safety.
- Statutory release is a release mandated by law; it is not a decision of the Parole Board of Canada.
- To protect communities, Canadian law has long mandated that offenders serve the final third of their sentence in the community under supervision with conditions. This allows for the gradual release of an offender under supervision, rather than at the end of their sentence, without any supervision. This is consistent with long-standing correctional research.
- The Parole Board can, however, impose conditions on the offender’s statutory release, which it did in this instance.
- Offenders on statutory release must report regularly to a Correctional Service of Canada parole officer and abide by specific conditions.
- If an offender on statutory release fails to abide by the conditions imposed by the Board, their release may be revoked, and they can be returned to the penitentiary.
Background:
- Under the Corrections and Conditional Release Act (CCRA), all federal offenders serving determinate sentences are entitled to statutory release after serving two-thirds of their sentence, unless they are likely to commit a serious offence before the end of their sentence.
- Statutory release is mandated by subsection 127(1) of the CCRA, not by a decision of the Parole Board of Canada.
- While the Board does not make statutory release decisions, it may impose additional conditions on certain offenders, or deny or revoke statutory release upon recommendation by the Correctional Service of Canada (CSC).
- Offenders on statutory release must report regularly to a Correctional Service of Canada parole officer and abide by the same conditions as if they were on parole, as well as any additional conditions the Board may impose.
- If an offender on statutory release fails to abide by the conditions imposed by the Board, their release may be revoked, and they can be returned to prison.
- Statutory release does not apply to offenders serving life and indeterminate sentences.
- Statutory release allows for a period of supervision and reintegration support in the community before the sentence has ended.
Contacts:
Prepared by: Mark Prieur, Director, Public Affairs and Partnerships, (613) 954-6547
Approved by: Daryl Churney, Executive Director General, (613) 954-1153
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