Conditional Release Openness and Accountability

Official Title: Performance Monitoring Report 2018-2019, Conditional Release Openness and Accountability
From: Parole Board of Canada

Tables 159-164

The Parole Board of Canada is responsible under the CCRA for the provision of information to victims of crime and assistance to those who wish to observe PBC hearings or to gain access to the decision registry. Effectiveness in these areas of service and support is a crucial part of the Board’s efforts to be accountable to the public and to build credibility and understanding of the conditional release program.

On June 13, 2012, Bill C-10 entrenched in law the right of victims to present a statement at parole hearings, previously a matter of PBC policy. It also broadened the definition of a victim in the CCRA and expanded the type of information that was available to them.

On April 23, 2015, Bill C-32, the Canadian Victims Bill of Rights, created and strengthened a set of rights for victims (rights to protection, participation, restitution and access to information). In relation to conditional release, victims received a wider access to information about the offender who harmed them, a right to obtain a copy of the PBC release decision and a right to require the Board, upon receipt of a victim statement, to impose any condition on an offender that is reasonable and necessary to protect the victim or provide reasons why they did not do so. In addition, a victim has now a right to listen to an audio recording of the day or full parole hearing if they are unable to observe the hearing.

On April 23, 2015, Bill C-479 (An Act to Bring Fairness for the Victims of Violent Offenders) created a provision requiring that the Board provide a victim to observe a hearing by any means that it considers appropriate when they are not permitted to attend.

Increased public awareness and various campaigns in previous years promoting victim’s rights may have contributed to increases in the number of PBC contacts with victims.

In reviewing the information within this section, it should be noted that some significant changes within regional numbers are a result of the Board’s efforts to improve information services for victims and the public and to streamline its data collection methods. One of the most recent changes was the implementation of the Victims Portal in 2016, an online interface for victims to communicate and receive information from the Board. In 2019-20, 534 victims registered to receive information from the PBC via the Victims Portal.

Information Services for Victims

• In 2019-20, PBC reported 31,587 contacts with victims, a decrease of 5% from the previous year. The numbers increased in the Atlantic, and Quebec regions and decreased in the Ontario, Prairie and Pacific regions.
• On March 31, 2020, the number of victims who were registered to receive information from the PBC was 8,783 (+5%) from 8,367 in 2018-19.

Figure 36. PBC Contacts with Victims

Observers at PBC Hearings

• In 2019-20, the number of observers at PBC hearings decreased to 4,998 (-1%) compared to the previous year; the number of hearings with observers decreased to 2,095 (-9%). The number of observers increased in the Quebec and Ontario regions and decreased in the Atlantic, Prairie and Pacific regions.
• In the last five years (2015-16 to 2019-20), 23,352 observers have attended 10,142 PBC hearings.

Figure 37. Observers at PBC Hearings

Victims Presentations at PBC Hearings

Since July 1, 2001, victims of crime have been permitted to read prepared statements at PBC parole hearings. On June 13, 2012, the right of victims to present a statement at parole hearings was entrenched in law.

• In 2019-20, victims made 319 presentations at 205 hearings. By comparison, victims made 288 presentations at 167 hearings the previous year.
• Over the last 10 years (between 2009-10 and 2019-20), the majority of presentations were done in person (89%), presentations via video or tele conferencing accounted for 8% and pre-recorded presentations (audiotape or videotape/DVD) accounted for 3%.
• The major offence of victimization for victims making presentations in 2019-20 was most likely to have been murder (57%) and sexual assault (12%).

Figure 38. Victim Presentations at PBC Hearings

Access to Decision Registry

• In 2019-20, the number of decisions sent from the decision registry increased to 6,970 (+31%) compared to 2018-19. Increases were reported in all regions: Atlantic (+18%), Quebec (+13%), Ontario (+100%), Prairie (+25%) and Pacific (+6%).
• In the last five years (2015-16 to 2019-20), 29,383 decisions have been sent from the decision registry.

Figure 39. Decisions Sent from the Decision Registry