Chapter 9 - Hearings and Reviews

In Effect

2022-10-24

Legislative Framework

Corrections and Conditional Release Act, sections 2(1), 101, 140, 141 and 143(1).

Corrections and Conditional Release Regulations, sections 147, 152, 153, 154, 164, 165 and 166(2).

Mandatory Hearings

1. Pursuant to subsection 140(1) of the Corrections and Conditional Release Act (CCRA), the Board will conduct a review by way of a hearing in the following cases, unless the offender waives the hearing in writing or refuses to attend the hearing:
   1. the first review for day parole, except for provincial/territorial offenders;
   2. legislated reviews for full parole;
   3. all detention reviews;
   4. reviews following a cancellation of parole;
   5. reviews for unescorted temporary absences (UTAs) for offenders serving a life sentence imposed as a minimum punishment or commuted from a sentence of death, or an indeterminate sentence, until a first UTA has been authorized or first day parole granted; and
   6. reviews for escorted temporary absences (ETAs) for community service, family contact, personal development for rehabilitative purposes or parental responsibilities, for offenders serving a life sentence imposed as a minimum punishment or commuted from a sentence of death, until a first ETA has been approved by the Board.
2. The Board will also conduct a hearing in the following cases, unless the offender waives the hearing in writing or refuses to attend the hearing:
   1. following a suspension, termination or revocation of parole or statutory release; and
   2. reviews for ETAs for community service, family contact, personal development for rehabilitative purposes or parental responsibilities, for offenders serving a life sentence imposed as a minimum punishment or commuted from a sentence of death, until a first ETA has been authorized by the Board.
3. Guidance on waivers of hearings is provided in Policy 10.1 (Waivers).

Discretionary Hearings

4. Where a hearing is not required under subsection 140(1) of the CCRA or Parole Board of Canada (PBC) policy, Board members may choose to conduct a review by way of a hearing where they believe, under the specific circumstances of the case, that a hearing is required to ensure procedural fairness and to clarify relevant aspects of the case. This may include, but is not limited to, cases where:
   1. the reliability and persuasiveness of the information being considered cannot be assessed by way of a file review;
   2. there is incomplete or discordant information on file, of relevance to the review, that could be clarified at a hearing; or
   3. information on file indicates that the offender has difficulties (cognitive, mental health, physical or other) that prevent them from communicating effectively in writing.

Dispensing with Hearing

5. In accordance with subsection 140(3) of the CCRA, when conducting a review for full parole for an offender released on day parole at the time of the review, the Board may conduct a review without a hearing in order to decide whether:
   1. to grant parole, subject to the offender’s acceptance in writing of the release conditions; or
   2. to hold a hearing before rendering a decision.

Hearing Process

6. PBC hearings are administrative processes in nature with no formal rules of evidence, and may be conducted in person or by way of a videoconference. In exceptional cases where videoconference technology is not available, the hearing may be conducted by way of a teleconference.
7. The Board will ensure that hearings are conducted in accordance with procedural fairness.
8. When conducting hearings, Board members will consider the unique needs and circumstances of women offenders, Indigenous offenders, as well as other groups of offenders with special requirements.
9. Guidance on Culturally Responsive Hearings and Community-Assisted Hearings is provided in Policy 9.1.1 (Culturally Responsive Hearings).

Audio Recordings of Hearings

10. The Board will make an audio recording of every hearing, which will not include Board member deliberations.
11. Guidance on authorizing a victim to listen to an audio recording of a hearing is provided in Policy 9.5 (Victim Requests to Listen to Audio Recordings of Hearings).

Procedural Safeguards

12. At the beginning of every hearing, Board members will verify whether the procedural safeguards have been met.
13. In cases where a procedural safeguard has not been met, Board members will ensure that the offender is informed that they may request a postponement.
14. Board members have the discretion to either accept the postponement or proceed with the hearing.
15. Guidance on postponing reviews is provided in Policy 10.4 (Postponements).

Withholding Information from Offenders

16. In cases where information becomes available during the hearing that, pursuant to subsection 141(4) of the CCRA, should not be disclosed on the grounds of public interest or, if disclosed, would jeopardize the safety of any person, the security of a correctional institution or the conduct of any lawful investigation, the information will be received in the absence of the offender or other persons present.
17. Guidance on withholding information is provided in Policy 1.4 (Disclosure of Information to Offenders).

Observers at Hearings

18. Guidance on observers at hearings is provided in Policy 9.4 (Observers at Hearings).

Publication Bans

19. Publication bans relate exclusively to the publication of information and do not prohibit observers from attending a hearing. At the beginning of applicable hearings, the Board will ensure that observers are advised that information subject to a publication ban, including information protected under the Youth Criminal Justice Act, may not be published.

Presentation of Victim Statements at Hearings

20. In accordance with subsections 140(10), 140(11) and 140(12) of the CCRA, a victim may present a statement at a hearing that was previously submitted to the Board and disclosed to the offender in accordance with Policy 1.4 (Disclosure of Information to Offenders).
21. Guidance on considering information from victims is provided in Policy 1.2 (Information from Victims).
22. The Board may allow a victim’s support person to read the victim statement if both the victim and their support person attend the hearing.
23. A victim may present an audio or video recording of their statement regardless of whether they attend the hearing.
24. In deciding when a victim presents their statement during the hearing, Board members should consider the victim’s preference.

Refusal to Attend a Hearing

25. If, on the day of the hearing, the offender does not attend and does not waive the hearing, Board members will consider the offender’s reasons for refusing to attend and determine whether the review will proceed by way of a file review.
26. Prior to proceeding by way of a file review, Board members should ensure that the offender was informed that a decision may be made in their absence.
27. If the offender refuses to attend the hearing and the Board members proceed by way of a file review, victims in attendance may present statements that were previously submitted to the Board and disclosed to the offender in accordance with Policy 1.4 (Disclosure of Information to Offenders). No other statement may be presented.

Decision and Reasons

28. 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.
29. Board members will provide a rationale for conducting a discretionary hearing in their reasons for decision.
30. In cases where the offender or a person acting on their behalf has requested a review by way of hearing, Board members will document the reasons for accepting or refusing to conduct a hearing.
31. In cases where the offender refuses to attend the hearing and the Board members proceed by way of a file review, they will provide reasons for decision that document that the offender was informed that a decision may be made in their absence and the rationale for proceeding with the review.
32. Board members will generally advise the offender of their decision, including their reasons for decision, at the end of the hearing.
33. Pursuant to paragraph 166(2)(b) of the Corrections and Conditional Release Regulations, the Board’s written reasons for decision will be provided to the offender no later than 15 days after the day on which the decision was made.
34. In exceptional cases, Board members may conclude the hearing and make the decision at a later date. In accordance with procedural fairness, in these cases, the Board’s written reasons for decision should be provided to the offender no later than 15 days after the day of the hearing.

Cross-References

35. Decision-Making Policy Manual

    1.2 Information from Victims

    1.4 Disclosure of Information to Offenders

    3.1 Temporary Absences

    4.1 Parole

    5.1 Detention

    7.1 Post-Release

    8.3 Provincial/Territorial Offenders

    9.1.1 Culturally Responsive Hearings

    9.2 Interpreters

    9.3 Assistants at Hearings

    9.4 Observers at Hearings

    9.5 Victim Requests to Listen to Audio Recordings of Hearings

    10.1 Waivers

    10.3 Adjournments

    10.4 Postponements

36. Board Members’ Code of Professional Conduct
37. Correctional Service of Canada Commissioner’s Directive (CD)

    CD 712-3 Parole Board of Canada Reviews

In Effect

2024-01-02

Legislative Framework

Corrections and Conditional Release Act, sections 79, 84, 99, 101, 140, 141, 143(1) and 151(3).

Corrections and Conditional Release Regulations, sections 147, 152, 153, 154 and 164.

Hearing Process

1. The objective of Culturally Responsive Hearings is to provide adapted hearing processes for Indigenous and Black offenders that adhere to the decision-making criteria set out in law.
2. As in all hearings, Board members are responsible for leading Culturally Responsive Hearings.
3. A non-Indigenous offender, who has demonstrated a commitment to an Indigenous way of life, may also request a Culturally Responsive Hearing.
4. Board members will document whether or not a request for a Culturally Responsive Hearing from a non-Indigenous offender is approved, and provide a rationale for their decision. This does not apply to requests for Community-Assisted Hearings.

Role of Elders and Cultural Advisors at Hearings

5. The Elder or Cultural Advisor is not involved in the Board members’ decision-making.

Culturally Responsive Hearings for Indigenous Offenders

6. During Culturally Responsive Hearings for Indigenous offenders, the role of the Elder/Cultural Advisor contracted by the Parole Board of Canada (PBC) is to provide Board members with information about the specific cultures and traditions of the Indigenous population the offender is affiliated with, and/or Indigenous cultures, experiences and traditions in general.
7. If requested by the offender, the Elder/Cultural Advisor may incorporate Indigenous cultural protocols/ceremonies into the hearing. This may include a smudging ceremony, prayer or song.
8. The Elder/Cultural Advisor may participate in the hearing and ask the offender about their understanding of Indigenous traditions and spirituality, progress towards healing and rehabilitation, and the community’s readiness to receive the offender if returning to the community is part of the release plan.
9. The Elder/Cultural Advisor may communicate with the offender in an Indigenous language to gain a better understanding of the offender, and to assist Board members with gaining further information helpful to achieving a quality decision. The Elder/Cultural Advisor will summarise such an exchange for Board members and others at the hearing immediately after the exchange.
10. The Elder/Cultural Advisor may provide Board members with information about Indigenous cultures, experiences and traditions during Board member deliberations.

Culturally Responsive Hearings for Black Offenders

11. During Culturally Responsive Hearings for Black offenders, the role of the Cultural Advisor contracted by the PBC is to provide Board members with information about the specific cultures and traditions of the Black community the offender is affiliated with, and/or Black community cultures, experiences and traditions in general.
12. If requested by the offender, the Cultural Advisor may incorporate Africentric or other cultural or spiritual ceremonies into the hearing.
13. The Cultural Advisor may participate in the hearing by communicating with the offender to gain a better understanding of their lived experience and by asking the offender about their understanding of traditions and spirituality, progress towards healing and rehabilitation, and the community’s readiness to receive the offender if returning to the community is part of the release plan.
14. The Cultural Advisor may provide Board members with information about Black community cultures, experiences and traditions during Board member deliberations

Observers at Hearings

15. In determining who may be present during a Culturally Responsive Hearing, the Board should consider relationship values that may influence the offender’s rehabilitation and reintegration. These relationship values may include the importance of the offender’s family and the community, including its leaders and Elders.
16. For many diverse communities, the concept of family may extend to include significant relationships with individuals who are not biological relatives, but are given the title of grandparent, parent, brother, sister, aunt, uncle or other relative, as well as “families of the heart” or “chosen families” that stay closely involved and support each other out of mutual love and respect.
17. In the case of a Community-Assisted Hearing, community members involved in the offender’s release planning may participate during the hearing proceedings.
18. Guidance on observers at hearings is provided in Policy 9.4 (Observers at Hearings).

Victims at Hearings

19. If applicable, Board members may permit a victim to sit in the circle at the victim’s request. Board members will consider the victim’s request, as well as the views of the Elder or Cultural Advisor and the offender, to determine whether or not the hearing is likely to be disrupted by the victim’s presence in the circle.
20. A victim may present a statement at a hearing that was previously submitted to the Board and disclosed to the offender in accordance with Policy 1.4 (Disclosure of Information to Offenders).
21. Guidance on the presentation of victim statements at hearings is provided in Policy 9.1 (Hearings).

Cross-References

22. Decision-Making Policy Manual

    1.2 Information from Victims

    1.4 Disclosure of Information to Offenders

    3.1 Temporary Absences

    4.1 Parole

    5.1 Detention

    7.1 Post-Release g

    8.3 Provincial/Territorial Offenders

    9.1 Hearings

    9.3 Assistants at Hearings

    9.4 Observers at Hearings

23. Board Members’ Code of Professional Conduct
24. Correctional Service of Canada Commissioner’s Directive (CD)

    CD 712-3 Parole Board of Canada Reviews

In Effect

2022-10-24

Legislative Framework

Corrections and Conditional Release Act, sections 101, 140(9) and 151(3).

Right to an Interpreter

1. In accordance with subsection 140(9) of the Corrections and Conditional Release Act (CCRA), an offender who does not have an adequate understanding of at least one of Canada’s official languages is entitled to the assistance of an interpreter at the hearing and for the purpose of understanding information provided pursuant to subsection 141(1) of the CCRA, as well as the Board’s reasons for decision.
2. Guidance on information provided to offenders is detailed in Policy 1.4 (Disclosure of Information to Offenders).
3. The role of the interpreter is to interpret between the offender’s language and the official language of the hearing, information provided pursuant to subsection 141(1) of the CCRA, and/or the Board’s reasons for decision.
4. In cases where the offender is assisted by an interpreter, Board members must be satisfied that the offender is able to understand the hearing proceedings and information provided pursuant to subsection 141(1) of the CCRA, and that the offender is able to provide representations.
5. The interpreter is a neutral third party who is not involved in the Board members’ decision-making.
6. Wherever possible, the interpreter should be certified. The offender’s spouse, other family members, friends, assistant or other offenders are not to be used as interpreters.

Process

7. If the offender has indicated that they require the assistance of an interpreter, but the interpreter is unable to be present at the hearing, Board members will inform the offender that they may request a postponement.
8. Board members have the discretion to either accept the postponement or proceed with the hearing.
9. Guidance on postponing reviews is provided in Policy 10.4 (Postponements).
10. When proceeding with a hearing without the interpreter present, Board members must be satisfied that the offender has an adequate knowledge of the official language of the hearing and is able to understand the proceedings.

Decision and Reasons

11. In accordance with paragraph 101(e) of the CCRA, to ensure a fair and understandable process, in cases where the offender indicated that they required the assistance of an interpreter and the hearing proceeded without the interpreter present, Board members will document in their reasons for decision:
    1. that the offender was informed that they may request a postponement; and
    2. the rationale for proceeding with the review.

Cross-References

12. Decision-Making Policy Manual

    1.4 Disclosure of Information to Offenders

    9.1 Hearings

    9.1.1 Culturally Responsive Hearings

    9.3 Assistants at Hearings

    9.4 Observers at Hearings

    10.3 Adjournments

    10.4 Postponements

13. Correctional Service of Canada Commissioner’s Directive (CD)

    CD 712-3 Parole Board of Canada Reviews

In Effect

2022-10-24

Legislative Framework

Corrections and Conditional Release Act, sections 101, 140(4), 140(7) and 140(8).

Assistance to Offenders at Hearings

1. The offender may be assisted at a hearing by a person of their choice, unless the Board does not permit the attendance of that person as an observer pursuant to subsection 140(4) of the Corrections and Conditional Release Act (CCRA).
2. The offender may choose only one person as an assistant during the hearing. Other persons may be permitted to attend the hearing as observers.
3. Guidance on observers at hearings is provided in Policy 9.4 (Observers at Hearings).

Role of Assistant

4. In accordance with subsection 140(8) of the CCRA, the assistant is entitled to:
   1. be present at the hearing at all times when the offender is present;
   2. advise the offender throughout the hearing; and
   3. address the Board members on behalf of the offender at times the Board members determine to be conducive to the effective conduct of the hearing.
5. The assistant may confer privately with the offender during the hearing.

Process

6. The offender is responsible for making the necessary arrangements for the assistant to attend the hearing.
7. If the offender’s assistant is unable to be present with the offender at the hearing, Board members will inform the offender that they may request a postponement.
8. Board members have the discretion to either accept the postponement or proceed with the hearing.
9. Guidance on postponing reviews is provided in Policy 10.4 (Postponements).

Decision and Reasons

10. In accordance with paragraph 101(e) of the CCRA, to ensure a fair and understandable process, in cases where the offender indicated that they wished to have an assistant and the hearing proceeded without the assistant present, Board members will document in their reasons for decision:
    1. that the offender was informed that they may request a postponement; and
    2. the rationale for proceeding with the review.

Cross-References

11. Decision-Making Policy Manual

    9.1 Hearings

    9.1.1 Culturally Responsive Hearings

    9.2 Interpreters

    9.4 Observers at Hearings

    10.3 Adjournments

    10.4 Postponements

12. Correctional Service of Canada Commissioner’s Directive (CD)

    CD 712-3 Parole Board of Canada Reviews

In Effect

2022-10-24

Legislative Framework

Corrections and Conditional Release Act, subsections 140(4), 140(5), 140(5.1), 140(5.2) and 140(14).

Corrections and Conditional Release Regulations, section 152.

Decision-Making Criteria and Process

1. In accordance with subsection 140(4) of the Corrections and Conditional Release Act (CCRA), a person who wishes to attend a hearing as an observer must submit a written request to the Board.
2. The request to observe a hearing should be received by the Board at least 30 days before the hearing.
3. Pursuant to subsection 140(4) of the CCRA, the Board or its designate will, subject to conditions that it considers appropriate and after taking the offender’s views into account, permit a person to observe a hearing, unless it is satisfied that:
   1. the hearing is likely to be disrupted or the ability of the Board to consider the matter before it is likely to be adversely affected by the presence of that person or of that person in conjunction with other persons who have applied to attend the hearing;
   2. the person’s presence is likely to adversely affect those who have provided information to the Board, including victims, members of a victim’s family or members of the offender’s family;
   3. the person’s presence is likely to adversely affect an appropriate balance between that person’s or the public’s interest in knowing and the public’s interest in the offender’s effective reintegration into society; or
   4. the security and good order of the institution in which the hearing is to be held is likely to be adversely affected by the person’s presence.
4. Pursuant to subsection 140(5.1) of the CCRA, in determining whether to permit a victim or a member of their family to observe a hearing, the Board or its designate will make every effort to fully understand the need of the victim or of the members of their family to attend the hearing and witness its proceedings.
5. The Board or its designate will permit a victim or a member of their family to attend as an observer, unless it is satisfied that the presence of the victim or family member would result in a situation described in subsection 140(4) of the CCRA.
6. Permission to attend a hearing is specific to that particular hearing date.
7. Due to the nature of the subject matter commonly discussed at hearings and the potential for disruption, observers should be at least 18 years of age. Each request will be assessed on a case-by-case basis, in accordance with the criteria set out in subsection 140(4) of the CCRA.
8. The Board or its designate may limit the number of observers who attend the hearing. In determining this limit, the Board or its designate will consider the number of people who are required and who have been permitted to attend the hearing, as well as the capacity and technological capability of the hearing room.
9. Pursuant to subsection 140(5.2) of the CCRA, if a victim or a member of their family is not permitted to attend a hearing, the Board will provide for the victim or family member to observe the hearing by any means it considers appropriate.
10. In cases where the Board or its designate has security concerns, it may consider additional or enhanced security measures, or permitting the victim or member of their family to observe the hearing from an alternate location by way of a video or teleconference.
11. In cases where the Board or its designate does not permit an observer at a hearing, it will provide a rationale for its decision.

Observers at Hearings

12. Observers may be permitted to be present during the entire hearing, except during Board member deliberations.
13. In accordance with subsection 140(5) of the CCRA, Board members may require an observer to leave the hearing at any time if they conclude that any of the situations described in subsection 140(4) of the CCRA is likely to exist.

Publication Bans

14. Publication bans relate exclusively to the publication of information and do not prohibit observers from attending a hearing. At the beginning of applicable hearings, the Board will ensure that observers are advised that information subject to a publication ban, including information protected under the Youth Criminal Justice Act, may not be published.

Attending a Hearing for Training Purposes

15. Board members, Parole Board of Canada (PBC) staff and Correctional Service of Canada staff may be permitted to attend a hearing for training purposes without having to submit a written request.
16. Board members may permit, on a case-by-case basis, Board members or PBC staff who are attending a hearing for training purposes to be present during Board member deliberations.
17. Board members or PBC staff who are attending a hearing for training purposes will not contribute to the Board members’ decision-making in any manner.
18. In accordance with procedural fairness, in cases where Board members or PBC staff are permitted to be present during deliberations for training purposes, Board members will:
    1. ensure that the offender is informed prior to, or at the beginning of, the hearing that Board members or PBC staff will be present during the deliberations for training purposes, but that they will not contribute to decision-making in any manner; and
    2. consider any of the offender’s concerns.

Cross-References

19. Decision-Making Policy Manual

    9.1 Hearings

    9.1.1 Culturally Responsive Hearings

    9.3 Assistants at Hearings

20. Correctional Service of Canada Commissioner’s Directive (CD)

    CD 712-3 Parole Board of Canada Reviews

In Effect

2022-10-24

Legislative Framework

Corrections and Conditional Release Act, subsections 2(1), 140(13), 140(14) and 142(3).

Decision-Making Criteria and Process

1. In accordance with subsection 140(13) of the Corrections and Conditional Release Act (CCRA), a victim may request to listen to an audio recording of a day or full parole hearing held on or after June 1, 2016. This includes hearings for accelerated parole reviews and hearings in respect of a review for parole combined with another type of review.
2. A victim may submit a request to listen to the audio recording before or after the hearing.
3. After every parole review conducted by way of a hearing, Board members will identify whether any portions of the hearing:
   1. could reasonably be expected to jeopardize the safety of any person or reveal a source of information obtained in confidence; or
   2. should not be heard by the victim because the privacy interests of any person clearly outweighs the interest of the victim.
4. If no portion of the hearing is identified as meeting the criteria set out in paragraph 140(13)(a) or 140(13)(b) of the CCRA, Board members will authorize that the audio recording may be listened to by a victim.
5. If a portion of the hearing is identified as meeting the criteria set out in paragraph 140(13)(a) or 140(13)(b) of the CCRA, Board members will, upon receipt of a request, decide whether the victim may listen to the redacted audio recording.
6. In cases where the Board members who conducted the hearing are not available to conduct this review, new Board members will be assigned.
7. The Board’s decision applies to all victim requests to listen to a particular hearing, with the exception of cases where the Board determines that the privacy interests of one victim clearly outweighs the interest of another victim.

Cross-References

8. Decision-Making Policy Manual

   1.2 Information from Victims

   9.1 Hearings