Chapter 11 - Appeals

Official Title: Decision-Making Policy Manual for Board Members,
Chapter 11. Appeals

From: Parole Board of Canada

Policy 11.1  Appeals

In Effect

2022-10-24

Legislative Framework

Corrections and Conditional Release Act, sections 100, 100.1, 101, 140(1), 146 and 147.

Corrections and Conditional Release Regulations, sections 153 and 168.

Right to Appeal

  1. In accordance with subsection 147(1) of the Corrections and Conditional Release Act (CCRA), an offender may appeal a decision on the grounds that the Board, in making its decision:
    1. failed to observe a principle of fundamental justice, including where the Board did not respect the right to an impartial review, the right to be heard, the right to be heard by the person who renders the decision, and the right to reasons for the decision;
    2. made an error of law, including where the Board did not follow or apply the law properly;
    3. breached or failed to apply a Parole Board of Canada (PBC) policy;
    4. based its decision on erroneous or incomplete information, including where relevant information was not considered at the time of the review, or where the Board made errors of fact about the relevant available information; or
    5. acted without jurisdiction or beyond its jurisdiction, or failed to exercise its jurisdiction, including where the Board made decisions it did not have authority to make or did not make decisions it had authority to make.
  2. In accordance with section 168 of the Corrections and Conditional Release Regulations (CCRR), the offender or a person acting on their behalf may appeal a decision by sending a written notice to the Board, which states the grounds for appeal and includes all supporting information.
  3. Pursuant to section 168 of the CCRR, the appeal must be received by the Board within two months after the date of the decision under appeal.
  4. The Vice-Chairperson of the Appeal Division may accept an appeal that is received beyond the two-month timeframe in cases where they are satisfied that the delay was justified or that circumstances make it desirable that the appeal proceed on the basis of procedural fairness.
  5. In accordance with subsection 147(2) of the CCRA, the Vice-Chairperson of the Appeal Division may refuse to hear an appeal in cases where they are satisfied that:
    1. the appeal is frivolous or vexatious;
    2. the relief sought is beyond the jurisdiction of the Board;
    3. the appeal is based on information or on a new parole or statutory release plan that was not before the Board when it rendered the decision appealed from; or
    4. at the time the notice of appeal is received by the Appeal Division, the offender has 90 days or less to serve before being released from imprisonment.
  6. In cases where the Vice-Chairperson of the Appeal Division refuses to hear an appeal, they will provide a rationale for their decision.

Process

  1. Appeals are reviewed in the order they are received, with the exception of appeals of detention orders, decisions following a suspension, termination or revocation of parole or statutory release, and any other cases prioritized by the Vice-Chairperson of the Appeal Division.
  2. In accordance with subsection 140(1) of the CCRA, appeal reviews will be conducted by way of a file review and will include, if applicable, a review of the audio recording of the hearing.
  3. The Appeal Division is not limited to considering the grounds raised in the appeal. It should also consider the grounds set out in subsection 147(1) of the CCRA to determine whether the Board erred in a way that resulted in prejudice or unfairness to the offender.
  4. In accordance with subsection 147(4) of the CCRA, the Appeal Division may, upon completing its review:
    1. affirm the decision;
    2. affirm the decision but order a further review of the case by the Board on a date earlier than the date otherwise provided for the next review;
    3. order a new review of the case by the Board and order the continuation of the decision pending the review; or
    4. reverse, cancel or vary the decision.
  5. In cases where the Appeal Division determines that the decision under appeal cannot reasonably be supported in law and reverses, cancels or varies the decision, it will reassess the offender’s risk to re-offend.
  6. In accordance with subsection 147(5) of the CCRA, the Appeal Division will not render a decision that results in the immediate release of the offender unless it determines that:
    1. the decision under appeal cannot reasonably be supported in law, PBC policies, or on the basis of the information available to the Board in its review of the case; and
    2. a delay in releasing the offender from imprisonment would be unfair.

Quorum

  1. In accordance with section 153 of the CCRR, appeal reviews will be conducted by a quorum of two Board members.

Decision and Reasons

  1. In accordance with paragraph 101(e) of the CCRA, to ensure a fair and understandable process, Board members will provide reasons for decision that summarize relevant information, their overall findings and the rationale for their decision.
  2. A reasonable decision is transparent, explains how the decision was reached and provides a clear rationale.
  3. The reasons for decision will include:
    1. the type of decision under appeal and the legal criteria for the review; and
    2. an analysis of the appeal submissions.
  4. When ordering a new review pursuant to paragraph 147(4)(c) of the CCRA, the Board members will order that the decision under appeal is continued pending the review, and specify whether the review is to be conducted by way of a hearing.

New Reviews Ordered by the Appeal Division

  1. When conducting a new review that was ordered pursuant to paragraph 147(4)(c) of the CCRA, Board members will consider all relevant available information, including any updates or new information relating to the case.
  2. The new review should be conducted within two months of the date of the Appeal Division decision.

Cross-References

  1. Decision-Making Policy Manual

    1.1 Information Standards for Conditional Release Decision-Making

  2. Correctional Service of Canada Commissioner’s Directives (CD)

    CD 712-1 Pre-Release Decision-Making

    CD 712-3 Parole Board of Canada Reviews

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