Commissioner's Directive

Date:
2012-12-01

Number:
712-3

Parole Board of Canada Reviews

Issued under the authority of the Commissioner of the Correctional Service of Canada

 

Policy Objective

1. To provide direction regarding the Parole Board of Canada (PBC) review process while assisting in the protection of society and promoting timely reintegration.

Authority

2. Corrections and Conditional Release Act (CCRA), sections 3, 3.1, 4, 15.1, 26, 27, and
subsections 122(6), 123(2), 123(7), 133(4.1), 140(1), 140(4), 140(10), 140(11),
140(12), 141(3) and 147(1)

Application

3. This Commissioner's Directive applies to all staff involved with the preparation of and participation in Parole Board of Canada reviews. This includes both hearings and file reviews.

Responsibilities

4. The Institutional Head/District Director will ensure:

  1. procedures are in place for the control, management and supervision of individuals attending Parole Board of Canada hearings; and
  2. appropriate facilities are available for the hearing, including a room for cultural hearings that can accommodate ceremonial practices such as smudging.

5. The Assistant Warden, Operations/Area Director will ensure:

  1. procedures are in place to facilitate the attendance and supervision of offenders prior to and during the hearings; and
  2. an approval process is in place for the attendance of observers at hearings.

6. The Assistant Warden, Interventions/Area Director will ensure:

  1. the coordination of hearings including video conferencing;
  2. that services of a certified or otherwise PBC-approved interpreter are arranged as necessary (refer to PBC Policy Manual);
  3. the management of waivers and postponement before and during the hearing; and
  4. the offender's case is presented verbally to the Board members by a Parole Officer who is familiar with the case when there is a hearing.

7. The Parole Officer will:

  1. ensure that the offender is made aware of and understands his/her right to a hearing, and the consequence of waiving that right (CCRA subsection 123(2));
  2. ensure the sharing of information is completed at least 28 days prior to the scheduled hearing, as per CD 701 - Information Sharing;
  3. advise the offender of the scheduled date of the hearing as soon as possible in advance of the hearing; and
  4. attend the hearing, present the case and provide relevant updates as required.

Procedures

Parole Board of Canada Hearings

8. Parole Board of Canada hearings are required in the following cases:

  1. escorted temporary absences where the Parole Board of Canada is the granting authority, until a first escorted temporary absence is approved by the Board;
  2. unescorted temporary absences where the Parole Board of Canada is the granting authority, until a first unescorted temporary absence is authorized or a first day parole is granted by the Board;
  3. initial day parole review;
  4. initial full parole review;
  5. following a negative decision of full parole or if the Parole Board of Canada cancels or terminates parole, the Board will review the case within two years by way of a hearing unless the offender has been released on day parole at the time of the scheduled full parole review as per paragraph 165(c) of the CCRR;
  6. detention reviews; and
  7. post-suspension/post-revocation reviews.

9. Hearings will be conducted in the official language of choice of the offender (CCRA, subsection 140(1)).

10. An Aboriginal offender, or an offender who is committed to following a healing path, may request an Elder/Cultural Advisor assisted hearing by completing form PBC 0035 - Request for An Aboriginal Hearing. Upon the request of the offender, the PBC Elder/Cultural Advisor, or CSC Elder when the PBC Elder/Cultural advisor is not present, will conduct an appropriate cultural ceremony.

11. The Elder/Aboriginal Cultural Advisor's role is determined by the Parole Board of Canada (see PBC Policy Manual).

Information Sharing

12. In circumstances where additional relevant information becomes available and there is insufficient time to share the information prior to the hearing, the Parole Officer will inform the Board members and the offender of the new information verbally during the hearing. In these cases, a postponement may occur.

13. The Parole Officer will provide a synopsis of the case to the Parole Board of Canada at the beginning of the hearing

Hearing Participants

14. The hearing may be attended by the following people:

  1. Board members;
  2. hearing officers;
  3. CSC representatives;
  4. victims;
  5. offender;
  6. offender's assistant;
  7. interpreter;
  8. observers;
  9. Aboriginal Cultural Advisor; and
  10. Elder.

15. If an offender requests an assistant, the Application for an Assistant at a Parole Board of Canada Hearing (CSC/SCC 1293) will be completed.

16. Victims may present a statement in person, or choose to present via audio or videotape. If a victim is not attending a hearing, their statement may be presented at the hearing in a format that the Board considers appropriate (CCRA subsection 140(11)).

17. In some instances, the Parole Board of Canada may agree to have other persons attend the hearing.

18. The offender will be informed prior to the hearing if other persons will be attending. The Parole Board of Canada will take into account the offender's views.

Observers

19. Every person who requests to attend a Parole Board of Canada hearing as an observer must apply to the Parole Board of Canada using the Request to Observe a Hearing (PDF) (form PBC/CLCC 0037).

20. The observers will be permitted to attend unless the Parole Board of Canada determines that their presence may adversely affect the hearing as per the CCRA, subsection 140(4).

21. Offenders will be advised if observers have applied to attend their hearing.

22. Observers authorized by the Parole Board of Canada to attend a hearing may only be present for the proceedings, and not for the subsequent deliberations.

23. Upon notification that an observer has requested to attend a Parole Board of Canada hearing on a federal reserve, the Assistant Warden, Operations, in consultation with the Assistant Warden, Interventions, will ensure that:

  1. a basic CPIC check is completed;
  2. the Parole Board of Canada is advised of the observer's security status; and
  3. the offender is provided with the opportunity to present in writing, within one week of being notified of the request, comments/objections regarding the observer's presence at the hearing pursuant to subsection 140(4) of the CCRA.

24. The Assistant Warden, Operations, in consultation with the Assistant Warden, Interventions, will provide the Parole Board of Canada with a recommendation and/or reservations regarding the attendance of a specific observer at an institutional Parole Board of Canada hearing.

25. Adjournments will be as per policy 9.6 of the Parole Board of Canada Policy Manual.

Withdrawals

26. An offender may not withdraw an application for day parole or full parole within 14 days before the commencement of the review, unless the withdrawal is necessary and it was not possible to withdraw it earlier due to circumstances beyond their control (CCRA subsections 122(6) and 123(7)).

Appeals

27. The offender, or a person acting on their behalf, may appeal a negative decision within two months of the decision, based on the five grounds to appeal listed in subsection 147(1) of the CCRA and the PBC Policy Manual. The Parole Officer will provide the offender information regarding the appeal process and the appropriate forms.

Enquiries

28. Strategic Policy Division
National Headquarters
Email: Gen-NHQPolicy-Politi@csc-scc.gc.ca

Commissioner,

Original signed by

Don Head

Annex A: Cross-References and Definition

Cross-References

Definition

Adjournment:
A temporary suspension of a Parole Board of Canada review.