Policy Bulletin
Date:
2012-12-01
Number:
375
Policy Number and Title:
- CD 701 – Information Sharing
- CD 705-4 – Orientation
- CD 712-3 – Parole Board of Canada Reviews
- CD 715-2 – Post-Release Decision Process
Why were these policies changed?
These Commissioner's Directives (CD) have been revised to comply with Division 37 of Part 4 of Bill C 38, Jobs, Growth and Long-term Prosperity Act, which came into force on December 1, 2012, and amends the Corrections and Conditional Release Act (CCRA) to eliminate the requirement of a Parole Board of Canada (PBC) hearing for certain reviews.
What has changed?
As a result of these legislative amendments, the PBC will no longer have to hold a hearing following the suspension, termination or revocation of an offender's day parole, full parole or statutory release. The above-noted CDs have therefore been amended to reflect the fact that the decisions for these reviews will, from now on, be completed by way of a file review. Further details on the amendments made to each CD are outlined below.
CD 701 – Information Sharing
A sentence has been added at the end of paragraph 10 of the CD to address other situations, including file reviews. As well, paragraph 21 of Annex C has been slightly reworded to encompass both hearings and file reviews.
CD 705-4 – Orientation
The term “review” has been added to paragraph 8(j).
CD 712-3 – Parole Board of Canada Reviews
The CD has been renamed “Parole Board of Canada Reviews”, from “Parole Board of Canada Hearings”. This reflects the CCRA terminology which uses the term “review” for both hearings and file reviews.
In paragraphs 1 and 3, the term “hearing” has been replaced with “review”, and a sentence has been added at the end of paragraph 3 to clarify that this includes both hearings and file reviews.
Paragraphs 6 and 7 were adjusted to clarify that they apply only when there is a hearing.
Paragraph 8(g), which indicated that a hearing was required in the case of post-suspension/post-revocation reviews, has been deleted.
CD 715-2 – Post-Release Decision Process
In paragraph 32 of the CD, following a suspension, the offender’s right to have a PBC hearing has been replaced with the right to submit written representations. As well, the term “hearing” has been replaced with “review” and the mention of the “waiver” has been removed.
Former paragraph 51, which addressed the Parole Officer’s participation in the post-suspension hearing, has been removed.
The following two technical amendments (unrelated to Bill C-38) have also been made:
- In paragraph 15(a), the French translation of “standard conditions” now reads “conditions automatiques” rather than “conditions normales”. This wording has been revised to bring it in line with the French terminology used in the CCRA.
- In paragraph 28, the title of form 1338 has been updated.
How were these policies developed?
The Assistant Commissioner, Correctional Operations and Programs, is accountable for these CDs. Responsibilities for the various levels (i.e., National and Regional Headquarters, institutions and districts) are outlined in the policy documents.
Accountabilities?
The Assistant Commissioner, Correctional Operations and Programs, is accountable for these CDs. Responsibilities for the various levels (i.e., National and Regional Headquarters, institutions and districts) are outlined in the policy documents.
Who will be affected by the policy?
All staff involved in referrals to the PBC.
Other impacts?
None.
Contact:
Director
Community Operations Division
613-943-7485
Director
Institutional Reintegration Operations Division
613-995-7954