Virtual Tour of a Hearing Room - Additional Information

Procedural Safeguards

Procedural safeguards are those rights that the offender has under the law; they include, the right:

• to review all the information that will be used in the decision-making process.
• to make representations through a formal hearing or by written representations.
• to an assistant.
• to an interpreter if the offender does not speak English or French.
• to know the reasons for a decision.
• to a fair and impartial hearing.
• to a hearing in the official language of his choice.

Victim's Statement

The victim's statement focuses on the continuing physical, emotional, and financial impact of the crime and any safety issues the victim may have.

Physical Impact may include:

• Any physical injuries you and your family suffered.
• How long it took the injuries to heal or how long it will take them to heal.
• The medical care received or will continue to need in the future.
• How the injuries changed your lifestyle.

Emotional Impact may include:

• Changes in your life or the lives of those close to you since the crime
• Feelings you have been experiencing.
• Problems you now have to cope with such as trouble sleeping or eating, difficulty concentrating.
• Changes in how you feel about yourself since the crime.
• Changes in how you relate to others like your friends, your parents, or other family members.
• Any support or help you now need to cope such as counselling.

Financial Impact may include:

• You or your family's capacity to work or the number of days you missed from work because of the crime.
• Money you have paid or owe for bills because of the crime.
• The cost of medical, dental, psychological treatment, prescription medication, physiotherapy, etc.

Conditions

Every offender, released on parole, must abide by the following standard conditions listed in the Corrections and Conditional Release Regulations:

1. on release, travel directly to the offender's place of residence, as set out in the release certificate respecting the offender, and report to the offender's parole supervisor immediately and thereafter as instructed by the parole supervisor;
2. remain at all times in Canada within the territorial boundaries fixed by the parole supervisor;
3. obey the law and keep the peace;
4. inform the parole supervisor immediately on arrest or on being questioned by the police;
5. at all times carry the release certificate and the identity card provided by the releasing authority and produce them on request for identification to any peace officer or parole supervisor;
6. report to the police if and as instructed by the parole supervisor;
7. advise the parole supervisor of the offender's address of residence on release and thereafter report immediately
   1. any change in the offender's address of residence,
   2. any change in the offender's normal occupation, including employment, vocational or educational training and volunteer work,
   3. any change in the domestic or financial situation of the offender and, on request of the parole supervisor, any change that the offender has knowledge of in the family situation of the offender, and
   4. any change that may reasonably be expected to affect the offender's ability to comply with the conditions of parole or statutory release;
8. not own, possess or have the control of any weapon, as defined in section 2 of the Criminal Code, except as authorized by the parole supervisor; and
9. in respect of an offender released on day parole, on completion of the day parole, return to the penitentiary from which the offender was released on the date and at the time provided for in the release certificate.

The Parole Board of Canada (PBC)members may also add special conditions that relate to the case before them, such as, refrain from associating with people involved in crime, refrain from consuming alcohol or frequenting bars, or not to be near children or to the victim.

Observers

Normally, a person must be 18 years of age to attend a hearing as an observer because of the nature of the subject matter discussed at hearings.

Usually, anyone may apply to the Parole Board of Canada (PBC) to observe a hearing. Before approving the application, PBC will check with Correctional Service Canada (CSC) on a security clearance so that the person can enter the penitentiary. At times, classes of students come to observe PBC hearings and at times new CSC orPBC staff or new Board members observe.

The PBC notifies the offender and the warden of the penitentiary that there will be observers at the hearing. The PBC considers their comments before approving the observers.

To observe a hearing, victims, victim supports, media, members of the public, et cetera, must complete the required form. The PBC must approve their request, and CSC must authorize their entrance into the institution.

Observers should be aware that they may be asked to leave the hearing if the Board members conclude that

1. they may disrupt the hearing or the ability of the Board to consider the matter before it;
2. their 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. their 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 effective reintegration of the offender 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.