assign a staff member to complete the Parole Eligibility Report for the Purpose of Judicial Review
send a copy of the inmate's application for Judicial Review to the regional office of Justice Canada and CSC Legal Services
CSC Legal Services will provide advice to staff, in conjunction with the regional office of Justice Canada, on:
how to respond to the court's requests
how to prepare staff members to appear at an application hearing and/or a Judicial Review hearing
The staff member assigned to write the Parole Eligibility Summary Report for the Purpose of Judicial Review, as outlined in Annex B, normally a Parole Officer, should have no previous direct case management relationship with the applicant and will prepare the report within the time granted by the judge ordering the report, or within the time period provided by the provincial rules.
If subpoenaed by the court, staff members will be responsible to appear, in relation to their case management duties, at an application hearing and/or a Judicial Review hearing.
Twelve months prior to the inmate's Judicial Review Eligibility Date, the assigned Parole Officer will meet with the inmate to discuss whether the inmate intends to submit an application, and to a the inmate that it is his/her responsibility to engage legal counsel.
The Parole Officer will inform the inmate, if eligible for Judicial Review, of the following:
an application must be submitted within 90 days after the day on which the inmate has served 15 years of his/her sentence
if an application is unsuccessful, but a determination is made that the inmate could re-apply, he/she must do so within 90 days of the five-year anniversary of the last application or the date set by the judge or jury (which would be no earlier than five years)
if the inmate does not make an application within the 90-day period, the inmate may only apply within 90 days after the day on which he/she has served a further five years of his/her sentence
the 90-day time limit to make an application may be extended by the appropriate Chief Justice, to a maximum of 180 days if there are circumstances beyond the inmate's control
in accordance with subsection 745.6(2.8) of the Criminal Code and CD 784 – Victim Engagement, if the inmate does not make an application within the maximum time period allowed, the Parole Officer will complete a Memo to File indicating that an application has not been made. Even in the absence of a victim notification required flag, the Parole Officer will, for victim notification purposes, inform a Victim Services Officer, as outlined in Annex D of CD 784 – Victim Engagement.
If an inmate made an unsuccessful application prior to December 2, 2011, for which a determination was made by a judge or jury regarding a further application, the Parole Officer will inform the inmate that he/she may re-apply within 180 days after the end of two years of the determination (if no specific time has been set) or within 180 days after the end of a specified time.
When the inmate submits an application for Judicial Review and informs the Parole Officer, the Parole Officer will complete a Memo to File indicating that an application has been made. The Memorandum must also specify the name and address of the lawyer representing the inmate as well as the location of the original trial.
If the inmate is applying for Judicial Review, the following procedures apply:
the Parole Officer determines if the inmate wishes to transfer to the jurisdiction where his/her hearing will be held to prepare his/her file
the Parole Officer advises the inmate to request access to his/her file through Access to Information for the purpose of information sharing with legal counsel
the Parole Officer ensures that a psychological risk and/or psychiatric assessment has been completed, or will be completed, within the year preceding the application
the staff member assigned to write a Parole Eligibility Summary Report for the Purpose of Judicial Review will use the Report Outline found in Annex B or follow, if applicable, the Rules of Practice for the province in which the hearing will be held
the author of the report will input the document into a Memo to File entitled “Judicial Review”. A copy will be placed on the case management file
the Parole Officer responsible for the case will provide a copy of the Parole Eligibility Summary Report for the Purpose of Judicial Review to the inmate
The Judicial Review process is initiated by the inmate through the submission of an application to the Chief Justice in the province in which he/she was convicted. The Chief Justice decides whether the application for Judicial Review should proceed.
The following steps are followed in a Judicial Review:
hearing of the application (if a jury is empanelled pursuant to subsection 745.61(5) of the Criminal Code)
During the judicial screening, the judge will determine, in accordance with the criteria set out in subsection 745.63(1) of the Criminal Code and on the basis of the following documents, whether the applicant has shown, on a balance of probabilities, that there is a substantial likelihood that the application will succeed. The documents include:
any summary report provided by CSC or other correctional authorities
any other written evidence presented to the Chief Justice or judge by the applicant or the Attorney General
The judge may decide to hold an application hearing conference during the judicial screening. The application hearing conference and application hearing involve counsel for the parties. The author of the summary report may be required to appear at this stage.
During the judicial screening, the judge:
will make a decision on the relevance and admissibility of the evidence submitted and the manner in which it is presented
will order that a Parole Eligibility Summary Report for the Purpose of Judicial Review be drafted on each of the factors set out in subsection 745.63(1) of the Criminal Code
will determine whether the inmate is required to appear
Following the Judicial Review hearing, the Parole Officer responsible for the case will update the Correctional Plan and the Criminal Profile Report as required.
Original Signed by:
CROSS-REFERENCES, DEFINITION AND AUTHORITIES REFERENCES
Judicial Review: : a review by the courts to determine a reduction in the number of years of imprisonment without eligibility for parole pursuant to subsection 745.6(1) of the Criminal Code.
Criminal Code, subsection 745.6 Subject to subsections (2) to (2.6), a person may apply, in writing, to the appropriate Chief Justice in the province in which their conviction took place for a reduction in the number of years of imprisonment without eligibility for parole if the person:
(a) has been convicted of murder or high treason;
a.1) committed the murder or high treason before December 2, 2011;
(b) has been sentenced to imprisonment for life without eligibility for parole until more than fifteen years of their sentence has been served; and
(c) has served at least fifteen years of their sentence.
PAROLE ELIGIBILITY SUMMARY REPORT FOR
THE PURPOSE OF JUDICIAL REVIEW ’ REPORT OUTLINE
NOTE: The Parole Eligibility Summary Report for the Purpose of Judicial Review is to be objective and impartial and is based on the information currently available in the inmate's file. The report is not to contain opinions or recommendations.
PRIMARY SOURCES OF INFORMATION
Persons contacted for the purpose of the report (for example, criminal justice contacts, institutional contacts)
CSC documentation reviewed
Documentation/reports appended to the Parole Eligibility Summary Report for the Purpose of Judicial Review
SUMMARY OF THE INMATE'S SOCIAL, FAMILY AND CRIMINAL BACKGROUND
Basic Personal Information
Identify parent(s) and, where applicable, siblings' names, ages, residences, employment, and relationship with the inmate
Detail the inmate’s date and place of birth, and type of upbringing discussing issues within the family, and within the greater home community of the inmate, such as, product of child welfare system, suicide, witness to acts of suicide/self harm, family violence/sexual/physical/emotional abuse and substance abuse. Include Aboriginal Social History, factors include effects of residential school (i.e. inmate as survivor or intergenerational effects from family’s historical experiences), sixties scoop, family or community history of suicide, substance abuse, victimization, experience in child welfare system, level or lack of formal education, level of connectivity or fragmentation with family/community, loss or struggle with cultural/spiritual identity, experience with poverty, exposure or membership affiliation with gangs, etc.
Academic level achieved (prior to current incarceration)
Any significant difficulties, experiences (i.e. learning disabilities)
Inmate's employment history, noting employment patterns, skills and trades
Inmate's marital status, if applicable, name of spouse and children
Inmate's present relationship to both spouse and children
General health (prior to current incarceration) including previous psychological/psychiatric, mental health and/or history of suicide attempts and self-injury behaviours
Record as a Young Offender (if information is available)
The age at which delinquency began including the nature and type of incidents as well as any group home/reformatory experience
Current and past gang affiliations or organized crime involvement
Adult Criminal History
Age when adult crime began
Nature and type of offences
Prior experience in provincial and/or federal prisons
Experience on prior conditional release, including probationary periods
Current and past gang affiliations or organized crime involvement
SENTENCE ADMINISTRATION DATES
Date of arrest and charge
Date of conviction and sentence
Date the death sentence was commuted to life imprisonment and length of time spent on “death row”, if applicable
Date of admission to federal custody
Date of UTA or day parole eligibility
Date of full parole eligibility
Date of Judicial Review eligibility
SUMMARY OF TRANSFERS AND DISCIPLINARY EVALUATIONS/REPORTS
Briefly outline the inmate's history of transfers, from the beginning of his/her current incarceration to the present (provide reasons for transfer but details of any disciplinary actions should be in the Discipline Section, below)
Describe any disciplinary offences and the resulting disciplinary actions. All information must be factual and cannot be based on inference or suspicion
Note any security concerns
SUMMARY OF INMATE'S PERFORMANCE AND CONDUCT
Overview of Correctional Plan
Detail the dynamic factors identified within the current Correctional Plan, making reference to the identified factors that contribute to his/her criminal behaviour
Identify involvement in any correctional treatment programs and documented progress to date. All relevant Program Performance Reports should be appended to the Parole Eligibility Summary Report for the Purpose of Judicial Review
Identify the release plan and for Aboriginal inmates, discuss any support to be provided pursuant to section 84 of the CCRA
Vocational Training and Employment
Educational and/or vocational programs that the inmate has been involved in since admission
The inmate's employment history since admission, noting work locations, changes and overall stability
Any significant educational and/or employment performance evaluations
Marketable skills the inmate has acquired
Discuss the inmate's use of leisure time activities (i.e. involvement in spiritual/cultural activities, gym, yard, etc.)
Relationship with Institutional Staff
Describe the inmate's attitude and behaviour towards institutional staff, including: Instructors, Teachers, Correctional Program Facilitators, Work Supervisors, Correctional Officers, Primary Workers/Parole Officers, Elders/Chaplains, Aboriginal Liaison Officers, Social Programs Officers, and others as appropriate
Relationship with Peers
Describe the inmate's attitude and behaviour toward other inmates
Family/Community Contacts While Incarcerated
Describe the inmate's attitude towards family and other community support, visits received, participation in the Private Family Visiting Program, correspondence and the current family situation
Describe the inmate's proposed release plan, including the type of community, supports available as well as the current dynamics of the community (e.g., strengths/weaknesses)
Medical Intervention While Incarcerated and General Health
Discuss any specific health problems (if applicable) and involvement in related medical interventions
SUMMARY OF MENTAL HEALTH AND ELDER REVIEWS
If applicable, discuss the inmate's participation in specific treatment programs (e.g., sex offender, anger management and Aboriginal programming, and ongoing counselling, etc.)
All relevant mental health assessment reports completed since admission, including an Elder review, if available, should be appended to the Parole Eligibility Summary Report for the Purpose of Judicial Review
If not already addressed under the Overview of Correctional Plan section, discuss the inmate's involvement in any self-help programs (i.e., cultural, life and social skills, drug and alcohol abuse rehabilitation, etc.)
Discuss the inmate's views toward his/her general progress and emotional stability