Decision-Making Policy Manual for Board Members

Important Notice

Section(s) 1.2, 2.1, 2.2, 5.1, 6.1, 7.2, 8.1, 9.1, 11.1, 12.1, 13.1, Annex B, Annex C and Annex D of the Policy Manual have recently been revised. An updated version of the policy manual reflecting these changes will be posted to this page soon. PBC and CSC employees can download the updated version now through the PBC's corporate Intranet site – iNet. Members of the public can request a copy of the updated version in PDF format by sending an email to: gen-npbpolicypolitiq@pbc-clcc.gc.ca

 

Decision-Making Policy Manual for Board Members – Second Edition No. 5, 2015-12-18

Table of Contents

1. Information for Decision-Making
1.1 Information Standards for Conditional Release Decision-Making
1.2 Information from Victims
1.3 Disclosure of Information to Offenders

2. Pre-Release Decision-Making
2.1 Assessment for Pre-Release Decisions
2.2 Psychological and Psychiatric Assessments

3. Temporary Absences
3.1 Temporary Absences

4. Parole
4.1 Day Parole
4.2 Full Parole
4.3 Parole by Exception
4.4 Removal, Extradition and Voluntary Departure
4.5 Accelerated Review

5. Statutory Release
5.1 Statutory Release – Residency Condition

6. Detention
6.1 Detention

7. Release Conditions
7.1 Release Conditions
7.2 Day Parole and Residency Leave Privileges

8. Post-Release Decision-Making
8.1 Assessment for Post-Release Decisions

9. Offenders with a Long-Term Supervision Order
9.1 Offenders with a Long-Term Supervision Order

10. Provincial/Territorial Offenders
10.1 Provincial/Territorial Offenders

11. Hearings and Reviews
11.1  Hearings
11.1.1 Elder-Assisted and Community-Assisted Hearings
11.2 Observers at Hearings
11.3 Assistants at Hearings
11.4 Interpreters
11.5 Adjournments
11.6 Waivers
11.7 Postponements
11.8  Withdrawals

12. Appeals
12.1 Appeals

13. Pardons/Record Suspensions, Royal Prerogative of Mercy (Clemency) and Prohibition from Driving
13.1 Pardons/Record Suspensions
13.2 Prohibition from Driving
13.3 Hearings for Pardons/Record Suspensions, Royal Prerogative of Mercy (Clemency) and Prohibition from Driving

Annexes

Annex A – Eligibilities Table for Conditional Release
Annex B – Eligibilities Table for Pardon Applications Received on or after June 29, 2010 and before March 13, 2012
Annex C – Eligibilities Table for Record Suspension Applications Received on or after March 13, 2012
Annex D – Amendments to the Decision-Making Policy Manual


1. Information for Decision-Making

1.1 Information Standards for Conditional Release Decision-Making

Legislative References

1. Corrections and Conditional Release Act, sections 100, 100.1, 101, and 102.

Purpose

2. To provide guidance to Board members on information standards for conditional release decision-making.

Information Standards

3. Quality conditional release decision-making requires all relevant available information that is reliable and persuasive.

4. When deciding on the conditional release of an offender, Board members will take into consideration all information and determine whether:

  1. specific risk-relevant information, including source documentation, which could have an impact on the decision, is available;
  2. the information provides an analysis with respect to the offender's change in behaviour and attitude while incarcerated or in the community;
  3. self-reported information by the offender has been verified;
  4. aggravating factors that appear to increase the risk of re-offending or mitigating factors that appear to reduce the risk of re-offending are summarized;
  5. the release plan includes a description of the proposed community supervision strategies and an analysis of how these will manage the offender's risk and address their needs factors; and
  6. discordant information has been adequately addressed within the analysis.

5. If the information standards are not met, the Board will ask correctional authorities to provide the information before the review.

6. In cases where the information is not available, the Board may:

  1. postpone the review, at the request of the offender;
  2. adjourn the review to obtain the information; or
  3. proceed with the review, in order to meet legislative timeframes.

7. In cases where historical information is not available, decisions may have to be made on the basis of the specific information correctional authorities have been able to gather and their assessments of the offender while under sentence.

Cross-References

8. Decision-Making Policy Manual:
2.1 – Assessment for Pre-Release Decisions
8.1 – Assessment for Post-Release Decisions

Last Revised Date

2014-10-31

1.2 Information from Victims

Legislative References

1. Corrections and Conditional Release Act (CCRA), sections 2(1), 2(3), 2(4), 23(1), 25(1), 99(1), 101, 132, 133, 140(10), (10.1), (11) and (12), 141 and 142(3).

Purpose

2. To provide guidance to Board members on information from victims and the presentation of victim statements at hearings.

Definition

3. Victim (Victime): refer to subsections 2(1), 2(3), 2(4) and 142(3) of the CCRA

Information from Victims

4. The Board will consider relevant information from victims, including victim statements, in order to assess:

  1. the nature and extent of harm done to the victim or the loss suffered by the victim and the continuing impact of the commission of the offence;
  2. the risk of re-offending the offender may pose if released, including any safety concerns expressed by the victim;
  3. the offender's potential to commit a violent crime, for example information about threatening or previous violent or abusive behaviour;
  4. the offender's understanding of the impact of the offence;
  5. the conditions necessary to manage the risk which might be presented by the offender; and
  6. the offender's release plans. Possible repercussions should be carefully assessed when the victim is a family member or was closely associated with the offender, and/or when the release plan will place the offender in close proximity to the victim.

5. Statements from victims must be provided in writing in either of the two official languages, and shared with the offender at least 15 days prior to the review/hearing or as soon as practicable, unless the Board withholds the information in accordance with subsection 141(4) of the CCRA.

6. When a victim has provided a statement to the Board as set out in subsections 133(3.1) and 134.1(2.1) of the CCRA, Board members will impose any conditions on the parole, statutory release, unescorted temporary absence or long-term supervision order of the offender that they consider reasonable and necessary in order to protect the victim.

Presentation of Victim Statements at Hearings

7. The legislation permits a victim to present a statement at a hearing, prepared and submitted in advance to the Board in accordance with subsections 140(10), (11) and (12) of the CCRA. The Board may allow a victim's support person to present the victim's statement on behalf of the victim when both the victim and support person are present at the hearing. Formats of the victim's statement considered appropriate by the Board may consist of an audio or a video recording of the victim's statement.

8. While Board members have the discretion to decide when a victim is to present their statement at a hearing, the victim's preference should be taken into consideration.

9. Victims should be at least 18 years of age to present a statement in person at a hearing. Exceptions may be made on a case by case basis. If not approved to present in person, victims under the age of 18 may be permitted to present a statement via audio or video recording.

Cross-References

10. Decision-Making Policy Manual:
2.1 – Assessment for Pre-Release Decisions
7.1 – Release Conditions
8.1 – Assessment for Post-Release Decisions
11.1 – Hearings
11.1.1 – Elder-Assisted and Community Assisted Hearings
11.2 – Observers at Hearings

Last Revised Date

2015-07-23

1.3  Disclosure of Information to Offenders

Legislative Reference

1. Corrections and Conditional Release Act (CCRA), section 141.

Purpose

2. To provide guidance to Board members on the disclosure of information to offenders for decision-making purposes.

Process

3. The Board is responsible for confirming that all relevant information considered for decision-making has been shared with the offender.

4. Disclosure of information to offenders must be undertaken in a manner which allows the offender to properly prepare for the review by the Board. The Correctional Service of Canada (CSC) carries out the disclosure of the relevant information with the offender on behalf of the Board.

5. All relevant information considered by the Board for decision-making must be provided to the offender, in writing and in the official language requested, at least 15 days (not including the day the information is shared or the day of the review by the Board) before the day of the review pursuant to subsection 141(1) of the CCRA.

6. Relevant information received within 15 days of a review must be provided to the offender, in writing, as soon as practicable.

7. If relevant information considered by the Board is in the form of a photograph, video or an audio recording, the offender will be permitted to view the photograph or video or to hear the recording within the usual timeframes for the disclosure of information.

Exceptions

8. Pursuant to subsection 141(4) of the CCRA, as much information as is strictly necessary may be withheld from the offender where there are reasonable grounds to believe that the information should not be disclosed on the grounds of public interest, or that its disclosure would jeopardize the safety of any person, the security of a correctional institution, or the conduct of any lawful investigation.

9. The grounds for determining that the information should be withheld must be convincing and supported with facts. There must be a direct link between the content of that information and the grounds for the non-disclosure.

10. Exceptionally, if one of the grounds for withholding relevant information is met, the offender will be provided as much information as possible without disclosing the confidential aspect of the information.

11. Board members must ensure that sufficient detail is provided to allow the offender to know the substance of the information, and allow the offender the opportunity to respond to the allegation(s) contained in the document. They must also be satisfied that the summary complies with subsection 141(4) of the CCRA. When a summary (gist) is prepared by CSC, a copy of the summary and the confidential documentation itself must be provided to the Board.

12. The grounds for withholding the information and the fact that sufficient information was provided to the offender must be documented in the Board's reasons for decision.

Cross-References

13. CSC Policies:
CD 701  – Information Sharing
CD 712-3 – Parole Board of Canada Reviews

Last Revised Date

2014-10-31

2. Pre-Release Decision-Making

2.1 Assessment for Pre-Release Decisions

Legislative References

1. Corrections and Conditional Release Act, sections 17, 101, 102 and 116, Corrections and Correctional Release Regulations (CCRR), section 161 and Criminal Code, sections 746.1 and 761.

Purpose

2. To provide guidance to Board members on reviewing and assessing risk relevant information for pre-release decision-making.

Assessment Process

3. Using a structured approach, Board members will assess all relevant aspects of the case in accordance with Policy 1.1 (Information Standards for Conditional Release Decision-Making) to determine whether or not the release of the offender will constitute an undue risk to society and contribute to the protection of society by facilitating the offender's reintegration into society as a law-abiding citizen.

4. This will include an assessment of the offender's likelihood of re-offending taking into consideration the nature and gravity of the offence that could be anticipated should the offender re-offend.

5. The assessment process is applied whether it is an initial decision or an expansion or continuation of a release program.

Actuarial Measures of the Risk to Re-Offend

6. Actuarial measures that predict violent behaviour, sexual offending, family violence and general re-offending should be used in accordance with the purpose for which they were developed and for groups of offenders on which they have been validated.

7. Where the actuarial measures of the risk to re-offend, the clinical judgement and/or the Parole Officer's assessment yields different recommendations, Board members will consider such discordant information during their assessment.

Assessing Criminal, Social and Conditional Release History

8. Information considered when assessing criminal, social and conditional release history includes:

  1. the age at which the criminal behaviour began, the seriousness, persistence and versatility of the criminal behaviour and whether or not it is increasing in severity;
  2. information on marital and family relationships, school and/or work, leisure and/or recreation as they relate to the risk to re-offend;
  3. any systemic or background factors that may have contributed to the offender's involvement in the criminal justice system, such as the effects of substance abuse, systemic discrimination, racism, family or community breakdown, unemployment, poverty, a lack of education and employment opportunities, dislocation from their community, community fragmentation, dysfunctional adoption and foster care, and residential school experience;
  4. the nature and gravity of the current offence(s) and any precipitating factors;
  5. any documented occurrence of drug use, positive urinalysis results or failures or refusals to provide a sample while on conditional release;
  6. the history of re-offending and revocation on conditional release;
  7. previous breaches of supervision conditions or unjustified missed appointments and performance on any period of probation or conditional releases, including those under a previous sentence;
  8. any record of being unlawfully at large or of escape attempts;
  9. the history of violent behaviour, including threats, intimidation, possession and use of weapons;
  10. any indication of violence toward, or abuse of, family members, and/or of people in relationships of intimacy, dependency, or trust, or those who may be otherwise vulnerable, including the various factors often associated with family violence:
    1. death or weapons threats;
    2. substance abuse problems;
    3. recent threats of suicide;
    4. employment problems;
    5. past sexual assaults;
    6. attitudes that minimize or support family violence;
    7. personality disorder;
    8. previous stalking and/or disregard of “no contact” orders;
    9. escalating violence;
    10. recent relationship changes (separation, divorce); and
    11. intergenerational history of family violence.
  11. the reasons and recommendations of the sentencing judge and any other information from the trial or the sentencing hearing;
  12. information such as victim impact statements filed with the courts, police reports about the nature of the offence, and victim statements or other information that victims or their families provide directly to the Board or correctional authorities; and
  13. information obtained from other components of the criminal justice system.

Assessing Factors Affecting Self-Control

9. Information considered when assessing factors affecting self-control includes:

  1. elements that relate to the offender's ability to regulate their own behaviour and the extent to which the offender is impulsive or easily angered;
  2. the presence of a mental disorder, sexual deviance or level of intelligence which interferes with the offender's ability to make law-abiding choices;
  3. the presence of substance abuse which prevents the offender from adequately controlling their behaviour; and
  4. information indicating that the offender is vulnerable to the influences of criminally oriented associates, possesses attitudes and values that support criminal behaviour or has anti-social personality or behaviour.

Assessing Offender Responsivity to Programming and Interventions

10. Information considered when assessing offender responsivity to programming and interventions includes:

  1. information that programming was appropriate based on the culture, gender and learning needs of the offender; and
  2. information that programming reflected the appropriate intensity based on the offender's risk level.

Assessing Institutional and Community Behaviour

11. Information considered when assessing institutional and community behaviour includes:

  1. non-compliance with institutional rules and supervision conditions;
  2. any misconduct and its circumstances regardless of the severity, in particular any violent incidents, including continued involvement in criminal activities;
  3. any past or current misconduct related to trafficking in, using, or introducing drugs in the institution and the measures taken or proposed as a result of this misconduct. This includes documented occurrences of positive urinalysis results or failures or refusals to provide a sample, especially those close to the review date for the release of the offender;
  4. information relating to performance and behaviour while under any prior sentence, including from provincial authorities and records related to a young person, and any available information about criminal activity that led to admission to the mental health system; and
  5. information of the offender's participation in activities organized by or involving members or associates of criminal organizations.

Assessing Offender Change

12. Information considered when assessing offender change includes:

  1. the offender's progress in addressing their correctional plan and identified needs;
  2. the offender's understanding of crime cycle indicators, relapse prevention and acceptance of positive cultural values, including information that indicates commitment to and signs of motivation to change and the degree of responsibility of the offender;
  3. an indication of measurable and observable change in the offender's attitude and behaviour as a result of incarceration, the results of participation in correctional and healing programs and the treatment gains, and/or other interventions that institutional and case management staff and any others attest have had a beneficial impact;
  4. for offenders who have been incarcerated for a significant period of time or who have substantial criminal records, an indication that the change in behaviour and attitude is significant and in relation to the offender's risk factors and needs areas;
  5. professional reports assessing the benefit of the offender's participation in psychological and/or psychiatric treatment programs that address identified needs and treatment gains, including those relating to anti-social attitudes and behaviours, and other personality factors such as level of development, emotional and intellectual maturity, impulsiveness, self-regulation, problem-solving skills and offender change; and
  6. if the offender's conditional release was previously revoked, what the offender did to modify the risk factors that led to any revocation and what benefit was derived during the period of re-incarceration.

Assessing the Release Plan and Community Supervision Strategies

13. Information considered when assessing the release plan and community supervision strategies includes:

  1. the type of release and whether or not the community supervision strategies are appropriate and adequate to manage or address the offender's risk factors and needs areas;
  2. for temporary absences, the suitability and nature of the offender's plan and the nature of the proposed escort, where applicable;
  3. the details of the proposed programs and interventions;
  4. the offender's support in the community;
  5. the stressors/factors in the release environment that may increase the risk of re-offending and the offender's needs in relation to these factors;
  6. information about the release community that was obtained from the police, the offender's family, sponsors, victims including the victims of family violence, Aboriginal Elders or tribal council members, leaders of ethnic communities and any other appropriate sources;
  7. the steps taken to control further offender aggression in family violence cases;
  8. any restorative measures involving the community, victim, and/or offender;
  9. whether placement of the offender in a residential facility or in the community at large will result in associations with other offenders with whom the offender has been involved in criminal activities including members or associates of criminal organizations, co-convicted offenders or family members;
  10. requests from victims for release conditions considered necessary for their protection;
  11. the conditions of release imposed through the CCRR and whether or not special conditions may be necessary to assist in the management of the offender in the community and to reduce any chance of re-offending;
  12. up-to date information on the immigration status of offenders who are foreign nationals; and
  13. the release plans proposed by the Aboriginal community for a section 84 release.

Assessment of Offenders with an Indeterminate Sentence as a Result of a Dangerous Offender or Dangerous Sexual Offender Designation

14. Board members will give particular attention to whether the specific needs of the individual have been fully identified and addressed. They should consider whether case management and correctional planning have been customized to fit the present circumstance of the individual offender, and if all efforts have been made to prepare the offender for conditional release.

15. When the offender has been incarcerated for a lengthy period of time, Board members should consider whether:

  1. treatment interventions and/or programs have been offered to the offender;
  2. the needs of the offender have changed; or
  3. more appropriate treatment/programs are available that may address those needs.

16. Previous conditional release breaches should be reviewed in the context of all relevant aspects of the case. The nature of the violation and all the circumstances and reasonable explanations for its occurrence should be taken into account including length of incarceration and associated institutionalization. It should be considered whether violations were solely or primarily related to adjustment problems.

Decision and Reasons

17. In their reasons for decision, Board members will summarize their overall findings and assessment of the offender, and the rationale for their decision. The summary should include:
  1. the type of decision and the legal criteria for the review;
  2. an overview of the offender's sentence and an analysis of the offender's criminal, social and conditional release history;
  3. a summary of the actuarial measures of the risk to re-offend, where applicable;
  4. analytical statements of all relevant aspects of the case, including aggravating and mitigating factors related to the risk to re-offend and discordant information of importance;
  5. the extent to which the offender has addressed those risk related needs and whether or not there has been indication of change in the offender which would increase their potential for successful re-integration;
  6. an analysis of the release plan and community supervision strategies to manage the offender's risk;
  7. an overview of the offender's representations obtained in writing or at the hearing, if applicable;
  8. an overview of the victim statement(s), if applicable;
  9. a concluding assessment of whether or not the release of the offender would constitute an undue risk to society and meets other legal criteria for the decision being made; and
  10. any special condition imposed and/or leave privileges, where applicable. Refer to the “Decision and Reasons” sections of policies 7.1 (Release Conditions) and 7.2 (Day Parole and Residency Leave Privileges) for additional information; and
  11. for decisions involving an offender serving an indeterminate sentence, whether the manner in which the sentence is administered has been tailored to meet the circumstances of the offender's case, and whether the continued incarceration of the offender has become grossly disproportionate to the case.

Cross-References

18. Decision-Making Policy Manual:
1.1 – Information Standards for Conditional Release Decision-Making
1.2 – Information from Victims
2.2 – Psychological and Psychiatric Assessments
3.1 – Temporary Absences
4.1 – Day Parole
4.2 – Full Parole
4.3 – Parole by Exception
4.4 – Removal, Extradition and Voluntary Departure
4.5 – Accelerated Review
5.1 – Statutory Release – Residency Condition
7.1 – Release Conditions
7.2 – Day Parole and Residency Leave Privileges
10.1 – Provincial/Territorial Offenders

Last Revised Date

2015-12-18

2.2  Psychological and Psychiatric Assessments

Legislative References

1. Corrections and Conditional Release Act, sections 101, 132(1), 132(1.1) and 132(2).

Purpose

2. To provide guidance to Board members on reviewing psychological and psychiatric assessments for decision-making.

Definitions

3. Psychiatric Assessment (Évaluation psychiatrique): anevaluation which addresses mental illness or disorder and the mental capacity of the offender.

4. Psychological Risk Assessment (Évaluation psychologique du risque): an evaluation of offender risk, needs, responsivity and the manageability of risk, done from a psycho-social perspective, utilizing a variety of scientifically-validated assessment methodologies in an integrated process. It also includes reference to appropriate strategies for the management of risk.

Psychological Risk Assessments

5. A psychological risk assessment is required for a review involving:

  1. persistent violence, as demonstrated by three or more Schedule I offences, which occurred on different days, where each conviction led to a sentence of at least six months duration;
  2. gratuitous violence, as demonstrated by excessive violence beyond that which is "required" to meet an end, or evidence of sadistic behavior or torture;
  3. a detention referral;
  4. conditional release for an offender with an indeterminate or life sentence, other than a compassionate escorted temporary absence; and
  5. a sex offender. This may be in the form of a specialized sex offender assessment.

6. Unless requested by the Board, a psychological risk assessment is not required for provincial offenders.

7. A pre-release psychological risk assessment is considered valid for a period of two years.

8. Subsequent assessments may be in the form of a new assessment or an update to the previous assessment.

9. A new assessment or an update will be required if the offender has engaged in institutional behaviour which has resulted in charges related to violent behaviour since the completion of the previous assessment.

10. In situations where the policy stipulates that a psychological risk assessment is required, and a psychiatric assessment was completed for the purpose of a review and includes a risk appraisal, the psychiatric assessment will satisfy the requirements of the policy, provided that the two-year validity period is met.

Psychiatric Assessments

11. A psychiatric assessment is required when:

  1. it is recommended by a psychologist, where an evaluation of mental illness, disorder, or mental capacity of the offender, or an opinion on the treatment options, would contribute to the understanding and management of the case; or
  2. psychiatric treatment intervention impacts on the offender's risk.

12. For offenders serving a life or indeterminate sentence, at the time of their first review for any type of conditional release (other than a compassionate escorted temporary absence), the psychological risk assessment report will indicate whether:

  1. a psychiatric assessment is recommended and include the reason for the referral; or
  2. a psychiatric assessment is not recommended and include a rationale.

Requests by Board Members

13. Board members may request a psychological risk assessment in cases where there are concerns related to mental disorder, suicidal/self-injurious behaviour and high need and when existing treatment summaries are not sufficient to assess progress in relation to the offender's correctional plan and/or community management strategies.

14. In exceptional cases, Board members may request a psychological risk assessment or psychiatric assessment for a particular offender if they believe it is required based on the characteristics of the offender, the criminal history, or features of the offence, including where:

  1. conflicting assessments are found on the offender's file;
  2. the offender completed an intensive or intermediate treatment recommended by a psychologist and existing treatment summaries are not sufficient to assess progress; and
  3. specific information on the file leads Board members to believe such an assessment is needed for decision-making purposes.

15. Board members will provide written reasons for the request and identify the cause of their concern.

16. In rare instances, Board members may ask the Correctional Service of Canada to obtain a report from an independent external professional. Board members will provide written reasons whenever outside professional reports are requested.

Cross-References

17. Decision-Making Policy Manual:
2.1 – Assessment for Pre-Release Decisions6.1 – Detention

18. CSC Policies:
CD 705-5 – Supplementary Intake Assessment
CD 712-1 – Pre-Release Decision-Making

Last Revised Date

2015-12-18

3. Temporary Absences

3.1 Temporary Absences

Legislative References

1. Corrections and Conditional Release Act (CCRA), sections 17, 17.1, 99(1), 107(1), 115, 116, 117, 118 and 133, Corrections and Conditional Release Regulations (CCRR), sections 9, 147, 153, 155, 156, 161(2), 162 and 164 and Criminal Code, subsections 746.1(2) and (3).

Purpose

2. To provide guidance to Board members on conducting reviews for temporary absences.

Eligibilities

3. Refer to Annex A (Eligibilities Table for Conditional Release) for guidance related to the eligibilities for temporary absences.

Decision-Making Criteria and Process

4. Board members will assess all relevant aspects of the case in accordance with Policy 2.1 (Assessment for Pre-Release Decisions) to determine whether the offender meets the criteria set out in subsections 17(1) and 17.1(1) of the CCRA for escorted temporary absences or in subsection 116(1) of the CCRA for unescorted temporary absences.

5. In cases where a temporary absence involves several offenders participating in a group activity or program, Board members will render a decision on each individual offender application.

Escorted Temporary Absences

6. The Board's authority to approve or authorize escorted temporary absences does not extend to absences for medical reasons or for the offender to attend judicial proceedings or a coroner's inquest.

Prior to Day Parole Eligibility

7. Pursuant to paragraphs 746.1(2)(c) and 746.1(3)(c)of the Criminal Code, the Correctional Service of Canada's authorization of escorted temporary absences is subject to the Board's approval for offenders serving a sentence of life minimum and young offenders sentenced in adult court of life imprisonment, prior to their day parole eligibility.

On or After Day Parole Eligibility

8. Once the offender has reached day parole eligibility, the Board has the authority for escorted temporary absences for offenders serving a sentence of life minimum, pursuant to subsection 17.1(1) of the CCRA.

9. When authorizing an escorted temporary absence, the Board may impose conditions that it considers reasonable and necessary in order to protect society, pursuant to subsection 17.1(4) of the CCRA.

10. Once an escorted temporary absence for community service, family contact, including parental responsibilities, or personal development for rehabilitative purposes has been authorized by the Board and has not been cancelled due to a breach of condition in relation to it, CSC may authorize the offender's subsequent absences.

11. Where an escorted temporary absence authorized by the Institutional Head is cancelled because the offender has breached a condition in relation to it, the subsequent absence may only be authorized by the Board.

Unescorted Temporary Absences

Personal Development or Community Service

12. An unescorted temporary absence for reasons of community service or personal development may be authorized for a maximum of 15 days and may include one or more outings and a specified number of hours per outing, all within the 15-day period. These unescorted temporary absences may be authorized at the rate of not more than three times a year for medium security offenders and not more than four times a year for minimum security offenders.

13. In accordance with subsection 116(5) of the CCRA, a minimum period of seven days in custody is required between unescorted temporary absences authorized for community service or personal development, except when the subsequent absence is required for medical or compassionate reasons.

Specific Personal Development Program

14. An unescorted temporary absence for a specific personal development program may be authorized for a maximum of 60 days and may include one or more outings and a specified number of hours per outing, all within the 60-day period. These unescorted temporary absences may include, but are not limited to, activities involving attendance or participation in:

  1. a substance abuse treatment program;
  2. ceremonies/events for cultural or spiritual purposes;
  3. a sex offender treatment program;
  4. general or specialized education programs;
  5. technical training programs;
  6. family violence counselling sessions; or
  7. support groups.

15. Board members' review and assessment of applications to renew an unescorted temporary absence for a specific personal development program should consider the offender's progress over the current or previous 60-day absence and whether or not the offender will present an undue risk to society during the absence.

16. No return to custody is required for a renewal of an absence for a specific personal development program.

17. When reviewing unescorted temporary absences for specific personal development programs where day parole eligibility has passed, Board members may consider granting a day parole program comprising of a number of stages, in accordance with Policy 4.1 (Day Parole).

Conditions of Unescorted Temporary Absences

18. The Board may impose special conditions associated with unescorted temporary absences that it considers:

  1. reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender, pursuant to subsection 133(3) of the CCRA; or
  2. reasonable and necessary in order to protect the victim, pursuant to subsection 133(3.1) of the CCRA.

19. Guidance on imposing conditions is provided in Policy 7.1 (Release Conditions).

Unescorted Temporary Absences for Foreign Offenders

20. Refer to Policy 4.4 (Removal, Extradition and Voluntary Departure) for guidance related to unescorted temporary absences for foreign offenders.

Delegation of Authority to Institutional Heads

21. Pursuant to subsection 117(1) of the CCRA, the Board has delegated its authority as follows: “The Board confers on all Institutional Heads the power to authorize the unescorted temporary absence for medical reasons, for all offenders serving:

  1. a life sentence imposed as a minimum punishment or commuted from a sentence of death;
  2. a sentence for an indeterminate period; or
  3. a sentence for an offence set out in Schedule I or II.

22. The Board confers on all Institutional Heads the power to authorize unescorted temporary absence for:

  1. offenders serving a sentence for an offence on Schedule I, except where the offence
    1. resulted in the death or serious harm to the victim, or
    2. is a sexual offence involving a child; and
  2. all offenders serving a sentence for an offence on Schedule II.”

Cross-References

23. Decision-Making Policy Manual:
1.1 – Information Standards for Conditional Release Decision-Making
2.1 – Assessment for Pre-Release Decisions
4.1 – Day Parole
4.4 – Removal, Extradition and Voluntary Departure
7.1 – Release Conditions
Annex A – Eligibilities Table for Conditional Release

Last Revised Date

2015-07-23

4. Parole

4.1 Day Parole

Legislative References

1. Corrections and Conditional Release Act (CCRA), sections 99(1), 102, 119, 122, 124, 128, 133, 135(6.3), 138(5) and 140, Corrections and Conditional Release Regulations, sections 147, 153, 157 and 165 and Criminal Code, sections 743.6 and 761.

Purpose

2. To provide guidance to Board members on conducting reviews for day parole.

Eligibilities

3. Refer to Annex A (Eligibilities Table for Conditional Release) for guidance related to the eligibilities for day parole.

Decision-Making Criteria and Process

4. Offenders must apply for day parole consideration, with the exception of offenders designated as dangerous offenders or dangerous sexual offenders serving an indeterminate sentence who have reached their full parole eligibility date.

5. When reviewing an application for day parole or a case to continue day parole, Board members will assess all relevant aspects of the case in accordance with Policy 2.1 (Assessment for Pre-Release Decisions) to determine whether the offender meets the criteria of section 102 of the CCRA.

6. A day parole program may consist of a number of stages, each with a specific purpose. Board members will specify in the reasons for decision how each stage is to be implemented. The Correctional Service of Canada (CSC) may implement each stage upon successful completion of the preceding stage, unless the Board specifies, at the time of the initial decision, that its approval is required before the implementation of the next stage.

Leave Privileges

7. The Board is responsible for authorizing and establishing the parameters of leave privileges associated with day parole. Guidance on establishing leave privileges is provided in Policy 7.2 (Day Parole and Residency Leave Privileges).

Conditions of Day Parole

8. The Board may impose special conditions associated with day parole that it considers:

  1. reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender, pursuant to subsection 133(3) of the CCRA; or
  2. reasonable and necessary in order to protect the victim, pursuant to subsection 133(3.1) of the CCRA.

9. Guidance on imposing conditions is provided in Policy 7.1 (Release Conditions).

Day Parole to a Private Home

10. The Board may grant day parole to a private home only if CSC has designated the residence as a community-based residential facility.

11. When reviewing a day parole application to a private home, Board members will consider whether:

  1. the offender requires a period of transition from the institution, community correctional centre, or community residential facility into the community and would benefit from continued support;
  2. the offender's plan consists of a release to a small or remote community; and/or
  3. there is no other community-based residential facility available to ensure the provision of specific services, including services for women offenders or geriatric cases.

12. Board members must assess whether the recommended location has the necessary controls and supervision to address the offender's risk and needs.

Day Parole for Foreign Offenders

13. Refer to Policy 4.4 (Removal, Extradition and Voluntary Departure) for guidance related to day parole for foreign offenders.

Duration of Day Parole

14. Pursuant to subsection 122(5) of the CCRA, day parole may be granted for a period not exceeding six months and may be continued for additional periods but each period may not exceed six months. Board members will conduct an assessment of risk prior to continuing day parole.

15. If the offender has reached full parole eligibility, Board members should decide whether the purpose of the day parole has been achieved and the offender would be more appropriately released on full parole, or whether the offender would benefit from an additional period of day parole to further prepare for full parole.

Early Reviews

16. The Board may conduct a review for day parole earlier than the legislated timeframes (subsections 122(4) and 138(5) of the CCRA), following a denial, cancellation, termination or revocation of the offender's release, when the referral from CSC indicates that:

  1. the offender, if released, will not present an undue risk to society and that the release will contribute to the protection of society by facilitating the offender's reintegration into society as a law-abiding citizen; and
  2. the issues or concerns expressed in the reasons for the previous Board decision to deny, cancel, terminate or revoke release have been addressed.

Cross-References

17. Decision-Making Policy Manual:
1.1 – Information Standards for Conditional Release Decision-Making
2.1 – Assessment for Pre-Release Decisions
4.2 – Full Parole
4.3 – Parole by Exception
4.4 – Removal, Extradition and Voluntary Departure
7.1 – Release Conditions
7.2 – Day Parole and Residency Leave Privileges
10.1 – Provincial/Territorial Offenders
Annex A – Eligibilities Table for Conditional Release

18. CSC Policy:
CD 712-1 – Pre-Release Decision-Making

Last Revised Date

2014-10-31

4.2 Full Parole

Legislative References

1. Corrections and Conditional Release Act (CCRA), sections 99(1), 102, 120, 123, 124, 128, 133, 135(6.3), 138(5) and 140, Corrections and Conditional Release Regulations, sections 147, 153, 158, 165 and Criminal Code, sections 743.6 and 761.

Purpose

2. To provide guidance to Board members on conducting reviews for full parole.

Eligibilities

3. Refer to Annex A (Eligibilities Table for Conditional Release) for guidance related to the eligibilities for full parole.

Decision-Making Criteria and Process

4. Board members will assess all relevant aspects of the case in accordance with Policy 2.1 (Assessment for Pre-Release Decisions) to determine whether the offender meets the criteria of section 102 of the CCRA.

5. Offenders should not normally be granted full parole without having had previous successful experience on unescorted temporary absence and/or day parole, particularly those who have been convicted of a violent offence and who have:

  1. been incarcerated for a significant period of time;
  2. served more than two penitentiary terms;
  3. repeated or multiple convictions and charges; and/or
  4. previously failed on conditional release.

6. Successful completion of previous conditional releases carries no commitment that full parole will be granted.

Conditions of Full Parole

7. The Board may impose special conditions associated with full parole that it considers:

  1. reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender, pursuant to subsection 133(3) of the CCRA; or
  2. reasonable and necessary in order to protect the victim, pursuant to subsection 133(3.1) of the CCRA.

8. Guidance on imposing conditions is provided in Policy 7.1 (Release Conditions).

Full Parole for Foreign Offenders

9. Refer to Policy 4.4 (Removal, Extradition and Voluntary Departure) for guidance related to full parole for foreign offenders.

Early Reviews

10. The Board may conduct a review for full parole earlier than the legislated timeframes (subsections 123(6) and 138(5) of the CCRA), following a denial, cancellation, termination or revocation of the offender's release, when the referral from the Correctional Service of Canada indicates that:

  1. the offender, if released, will not present an undue risk to society and that the release will contribute to the protection of society by facilitating the offender's reintegration into society as a law-abiding citizen; and
  2. the issues or concerns expressed in the reasons for the previous Board decision to deny, cancel, terminate or revoke release have been addressed.

Cross-References

11. Decision-Making Policy Manual:
1.1 – Information Standards for Conditional Release Decision-Making
2.1 – Assessment for Pre-Release Decisions
4.1 – Day Parole
4.3 – Parole by Exception
4.4 – Removal, Extradition and Voluntary Departure
7.1 – Release Conditions
7.2 – Day Parole and Residency Leave Privileges
10.1 – Provincial/Territorial Offenders
Annex A – Eligibilities Table for Conditional Release

12. CSC Policy:
CD 712-1 – Pre-Release Decision-Making

Last Revised Date

2014-10-31

4.3 Parole by Exception

Legislative References

1. Corrections and Conditional Release Act (CCRA), sections 102 and 121.

Purpose

2. To provide guidance to Board members on reviewing cases for parole by exception.

Decision-Making Criteria and Process

3. Pursuant to section 121 of the CCRA, parole by exception may be granted to an offender not yet eligible for day and/or full parole:

  1. who is terminally ill;
  2. whose physical or mental health is likely to suffer serious damage if the offender continues to be held in confinement;
  3. for whom continued confinement would constitute an excessive hardship that was not reasonably foreseeable at the time the offender was sentenced; or
  4. who is the subject of an order of surrender under the Extradition Act and who is to be detained until surrendered.

4. Offenders serving a life sentence imposed as a minimum punishment or commuted from a sentence of death or an indeterminate sentence are not eligible for parole by exception unless they are terminally ill. Those offenders seeking exceptional release for other reasons outlined in section 121 of the CCRA may seek an alternative remedy, such as a conditional pardon prior to eligibility under the CCRA, remission of sentence or respite under the Criminal Code, or the exercise of the Royal Prerogative of Mercy.

5. The offender will submit a written application for parole by exception unless:

  1. the offender is mentally or physically incapable of applying;
  2. the release is being proposed without the offender's consent (such as for extradition); or
  3. urgent circumstances require flexibility.

6. The application should identify under which criteria the request is being made and reasons justifying this request.

7. When reviewing an application under paragraph 121(1)(a) of the CCRA (terminal illness), Board members should consider information from a medical practitioner indicating that the offender is in an advanced stage of a terminal illness.

8. When reviewing an application under paragraph 121(1)(c) of the CCRA (excessive hardship), Board members will determine if the offender's continued confinement would constitute excessive hardship, which includes suffering of a mental, physical and/or financial nature that is out of proportion to the nature and the seriousness of the offence and its resulting consequences, and that is more severe than for other individuals in similar situations.

9. If the Board members determine that the criteria identified in the application for parole by exception are not met the review will be discontinued.

10. If a criterion for parole by exception is met, Board members will assess all relevant aspects of the case in accordance with Policy 2.1 (Assessment for Pre-Release Decisions) to determine whether the offender meets the criteria for parole set out in section 102 of the CCRA.

Re-Applications

11. Following the Board's decision to discontinue a review or deny a request for parole by exception, the offender must provide significant new information in order to re-apply.

Decision and Reasons

12. In their reasons for decision, Board members will indicate under which criteria in section 121 of the CCRA the review was conducted and reasons why the offender meets, or does not meet, the criteria. Board members will also include an assessment of whether or not the release of the offender would constitute an undue risk to society and contribute to the protection of society by facilitating the offender's reintegration into society as a law-abiding citizen, pursuant to section 102 of the CCRA.

13. Board members will document in the decision if the review was not conducted by way of a hearing.

Cross-References

14. Decision-Making Policy Manual: 
1.1
– Information Standards for Conditional Release Decision-Making
2.1 – Assessment for Pre-Release Decisions
4.1 – Day Parole
4.2 – Full Parole
4.4 – Removal, Extradition and Voluntary Departure
10.1 – Provincial/Territorial Offenders
11.1 – Hearings

15. Royal Prerogative of Mercy Ministerial Guidelines

16. CSC Policy:
CD 712-1 – Pre-Release Decision-Making

Last Revised Date

2015-12-18

4.4 Removal, Extradition and Voluntary Departure

Legislative References

1. Corrections and Conditional Release Act (CCRA), sections 102, 107(1), 115, 116, 117, 118, 121, 122, 123, 128, and 133.

Purpose

2. To provide guidance to Board members on reviewing cases involving removal, extradition or voluntary departure.

Definitions

3. Detention Order (Ordonnance de détention): a document that informs the receiving party that the Canada Border Services Agency (CBSA) is maintaining the detention of a foreign offender under its authority pending a decision to remove or until the foreign offender can be removed once all administrative requirements have been met. Such an order is issued when the CBSA believes, on reasonable grounds, that the person is inadmissible and a danger to the public or unlikely to appear for an immigration proceeding (i.e. an examination, admissibility hearing, removal or a proceeding that could lead to the making of a removal order), or if the CBSA is not satisfied of the identity of the person.

4. Extradition (Extradition): the surrender of an accused or convicted person by one state or country to another, usually under the provisions of a statute or treaty.

5. Foreign Offender (Délinquant étranger): a person who is not a Canadian citizen, found guilty of a criminal offence and who is detained, subject to supervision by reason of conditional release or probation or subject to any other form of supervision in Canada and whose verdict and sentence may no longer be appealed.

6. Removal (Renvoi): the expulsion of a foreign national or a permanent resident of Canada who has been found inadmissible to Canada.

7. Removal Order (Mesure de renvoi): an administrative document issued by the Immigration Division or a Minister's delegate to a person who has been found to be inadmissible to Canada. There are three types of removal orders: Departure Order, Exclusion Order and Deportation Order.

Eligibility

Foreign Offenders Sentenced Prior to June 28, 2002

8. Foreign offenders sentenced prior to June 28, 2002, with no additional sentence on or after that date, are eligible for unescorted temporary absences (UTA), day parole and full parole whether or not a detention order under section 105 of the Immigration Act or a removal order under the Immigration and Refugee ProtectionAct (IRPA) is issued. Standard parole eligibility dates apply to these offenders. After reaching full parole eligibility date, these offenders may be removed if authorized released on a UTA or granted parole.

Foreign Offenders Sentenced On or After June 28, 2002

9. Foreign offenders sentenced on or after June 28, 2002, and who are not subject to a removal order made under IRPA, are eligible for UTA, day parole and full parole. Standard eligibility dates apply to these offenders.

10. If the foreign offender is released on UTA or day parole and becomes subject to a removal order before reaching full parole eligibility date, the UTA or day parole becomes inoperative and the offender will be re-incarcerated pursuant to subsection 128(5) of the CCRA. Pursuant to subsection 128(7) of the CCRA, if the removal order is stayed, the UTA or day parole is resumed as of the day of the stay.

11. Foreign offenders sentenced on or after June 28, 2002, and who are subject to a removal order made under IRPA, are ineligible for day parole or UTA until full parole eligibility date. After reaching full parole eligibility date, these offenders may be removed if authorized released on a UTA or granted parole.

Assessment Process

12. Board members will assess all relevant aspects of the case in accordance with Policy 2.1 (Assessment for Pre-Release Decisions) to determine whether or not the release of the offender will constitute an undue risk to society (not only Canadian society) and contribute to the protection of society by facilitating the offender's reintegration into society as a law-abiding citizen.

13. Board members will consider any relevant information regarding the offender's current immigration status before authorizing a UTA or granting day parole or full parole to a foreign offender, including:

  1. whether CBSA has been contacted to determine if they intend to issue a removal order;
  2. the status of any removal order in place, including the status of the travel documentation, where applicable;
  3. the status of the most recent immigration decision (such as the issuance of a report, referral to admissibility hearing, or decision on admissibility or detention);
  4. whether the offender has appealed an immigration decision to the Federal Court, Federal Court of Appeal or Supreme Court of Canada, and the status of the appeal; and
  5. whether the offender has requested a transfer under the International Transfer of Offenders Act.

14. When the release plan involves paid employment or schooling, authorization from Citizenship and Immigration Canada officials for the offender to work or attend school will be obtained before day or full parole may be granted by the Board.

15. For all foreign offenders, including those not subject to a removal order or whose immigration status or status of an appeal of an immigration decision has not been finalized, Board members will consider in their assessment the likelihood of the offender violating the conditions of release by absconding from the area in order to avoid removal from Canada. This information will be included in the Board's reasons for decision.

Voluntary Departure

16. When reviewing requests for voluntary departure from an offender, Board members must exercise the utmost caution and be aware that granting parole for voluntary departure of the offender to another country effectively nullifies the balance of the offender's sentence as long as the offender does not return to Canada before the expiration of the sentence according to law.

17. Before granting parole for voluntary departure for an offender, Board members should be satisfied that the country of destination is willing to accept the offender. Confirmation of acceptance should be in the form of an original, official document.

18. As it is preferable that some form of supervision or monitoring of the offender take place in the destination country, Board members should consider information on how the supervision or monitoring will take place, including any written confirmation from the destination country, where available.

Offender Consent to Parole

19. Consent of the offender is not required for the Board to grant full parole to an offender who is subject to removal or extradition.

Decision and Reasons

20. When authorizing a UTA or granting parole to an offender who is subject to a removal order or extradition, Board members will specify in their reasons for decision that the conditional release does not become effective until the offender can be released into the care and control of the appropriate government agencies involved in carrying out the removal order or the extradition.

21. For decisions resulting in the removal, extradition or voluntary departure of an offender, Board members will stipulate in their reasons for decision that the offender must inform the Board and the Correctional Service of Canada in advance if the offender plans to return to Canada before the expiration of the sentence.

Cross-References

22.Decision-Making Policy Manual:
1.1 – Information Standards for Conditional Release Decision-Making
2.1 – Assessment for Pre-release Decisions
3.1 – Temporary Absences
4.1 – Day Parole
4.2 – Full Parole
4.3 – Parole by Exception
7.1 – Release Conditions
10.1 – Provincial/Territorial Offenders

23. CSC Policy:
CD 712-1 – Pre-Release Decision-Making

24. Extradition Act, sections 40(1), (4) and 64(1).

25. Immigration and Refugee Protection Act, sections 2(1), 50(a) and (b), 59, 66(b) and 114(1)(b).

26. Immigration Act (1976)

27. International Transfer of Offenders Act

Last Revised Date

2015-12-18

4.5 Accelerated Review

Legislative References

1. Corrections and Conditional Release Act (CCRA), as it read on March 27, 2011, sections 125, 126, and 126.1 and Corrections and Conditional Release Regulations, as it read on November 30, 2012, sections 149(1) and (2), 159 and 165(a).

Proper Referral

2. Before scheduling an offender for review under the accelerated review provisions of the CCRA, the Board must ensure that the referral by the Correctional Service of Canada (CSC) was made in accordance with section 125 of the CCRA, as it read on March 27, 2011. If the criteria in section 125 are not met, the case will be reviewed under the parole criteria in section 102.

Decision-Making Criteria and Process

3. Accelerated review for parole requires two distinct evaluations against different criteria:

  1. assessment of whether the Board is satisfied that there are no reasonable grounds to believe that the offender, if released, is likely to commit an offence involving violence before the offender's sentence expires; and
  2. if release on parole is directed, assessment of the need for the Board to impose special conditions of release which address the risk of re-offending non-violently.

Assessing Whether the Offender Is Likely to Commit an Offence Involving Violence

4. The Board will form its opinion about the likelihood of violent re-offending based on all available and relevant information provided by CSC, the offender, and others, such as victims or family members. The Board will consider, but is not limited to, the following factors:

  1. the offender's potential for violent behaviour as established on the basis of:
    1. previous violent behaviour as documented in the offence history, provincial and young offender records, police reports of the circumstances surrounding the offence(s);
    2. the seriousness of previous offences;
    3. reliable information that the offender has difficulty controlling anger or impulsive behaviour, to the point that it might lead to the commission of an offence involving violence. This information may be obtained from community assessments which have examined a full range of variables including the offender's family and marital history, substance abuse, social history, medical and psychiatric history, employment history and institutional behaviour;
    4. threats of violence;
    5. use of weapons during the commission of an offence;
    6. attitude of indifference regarding the criminal behaviour and its impact on the victim(s);
  2. when an offender has been identified as a member or associate of an organized crime group or a criminal gang, the above factors, the circumstances surrounding the offence, and previous charges and convictions will be assessed in the context of these relationships;
  3. stressors/factors in the community which may be predictive of violent behaviour and the offender's needs in relation to these factors;
  4. information relating to the performance and behaviour of the offender while under sentence;
  5. mental health status of the offender that has the potential to lead the offender to commit, prior to the expiration of the sentence, an offence involving violence;
  6. information about any of the offender's attempts to reduce/mitigate the possibility of future violent behaviour and reliable information that the offender recognizes the problem and is participating or has participated in treatment or interventions such as anger management programs.

Assessing the Risk of Non-Violent Re-Offending and the Imposition of Release Conditions

5. When release on parole is directed, the Board shall assess the risk of non-violent re-offending and consider imposing conditions. This review will use the assessment criteria outlined in Policy 2.1 (Assessment for Pre-Release Decisions).

6. A condition to reside in a community-based residential facility may be imposed but only when the offender represents a high risk of non-violent re-offending and this condition has been determined to be the least restrictive measure available to manage the offender adequately and to facilitate their reintegration. This decision will be based on information from correctional staff that, in view of an assessment of the offender's needs, accommodation is identified as a need area and a residency condition is considered to be a requirement to address the need.

7. In some cases, Board members may have particular concerns that an offender eligible for release under the accelerated review provisions may not co-operate with the proposed conditions. Board members will document these concerns in the decision and reasons to alert CSC to the potential of the offender being non-compliant and/or re-offending.

Accelerated Review Hearing

8. When parole is not directed at the in-office review the case will be scheduled for a hearing. Two Board members conduct the hearing and consider:

  1. the information that was considered at the in-office review;
  2. the reasons provided by the previous Board member for the refusal to direct that the offender be released on parole;
  3. any new information submitted to the Board subsequent to the in-office review; and
  4. representations from the offender regarding the factors which led to the refusal to direct release at the in-office review.

Cross-Reference

9. Decision-Making Policy Manual:
2.1 – Assessment for Pre-Release Decisions

Last Revised Date

2014-10-31

5. Statutory Release

5.1  Statutory Release – Residency Condition

1. Corrections and Conditional Release Act (CCRA), sections 99, 127, 128, 133(4.1) and 135(6)(b)and Corrections and Conditional Release Regulations, sections 147 and 162 and Criminal Code, sections 467.11, 467.12 and 467.13.

Purpose

2. To provide guidance to Board members on imposing, varying or removing residency conditions on statutory release.

Decision-Making Criteria and Process

3. Pursuant to subsection 133(4.1) of the CCRA, the Board may impose a residency condition in order to facilitate the offender's successful reintegration into society, where the Board is satisfied that in the absence of such a condition, the offender will present an undue risk to society by committing an offence listed in Schedule I or an offence under sections 467.11, 467.12 or 467.13 of the Criminal Code before the expiration of the offender's sentence according to law. The condition must remain in effect for only as long as the Board is satisfied that in the absence of such a condition, the offender will present an undue risk to society as described above.

4. A residency condition may also be imposed post-release if the offender's behaviour while in the community leads the Board to determine that the legal criteria is met.

5. Board members will assess all relevant information to determine whether the offender will present an undue risk to society by committing an offence listed in Schedule I, before the expiration of the offender's sentence according to law, including the following factors:

  1. the offender's potential for violent behaviour, as established by:
    1. previous violent behaviour as documented in the offence history such as police reports, provincial records, young offender records accessible under the Youth Criminal Justice Act and documentation from any correctional authorities;
    2. the seriousness of previous offences;
    3. information that the offender has difficulty controlling anger or impulsive behaviour;
    4. information concerning threats of violence; the use of a weapon during the commission of an offence; or an attitude of indifference to the criminal behaviour and its impact on the victim(s).
  2. stressors/factors in the release environment which may be predictive of violent behaviour and the offender's needs in relation to these factors;
  3. psychiatric or psychological information that a mental illness or disorder has the potential to lead to the commission of an offence involving violence;
  4. information concerning any attempts by the offender to reduce/mitigate the possibility of future violent behaviour; and
  5. information that the offender is or will be participating in treatment and/or interventions appropriate to the prevention of violence and observable, and measureable gains derived from them.

Residency in a Psychiatric Facility

6. A residency condition in a psychiatric facility may offer limited access to the community and should only be used when the offender will benefit from treatment programs that will assist in the management of risk and facilitate the offender's successful reintegration. It should be part of a multi-stage plan leading to residency in a community-based residential facility (CBRF) or to a statutory release without a residency condition.

Residency in a Private Home

7. The Board may impose a residency condition to a private home only if the Correctional Service Canada has designated the residence as a CBRF.

8. A residency condition to a private home may be considered when:

  1. the offender requires a period of transition from the institution, community correctional centre, or community residential facility into the community;
  2. the offender's plan consists of a release to a small or remote community; and/or
  3. there is no other CBRF available to ensure the provision of specific services, including services for women offenders or geriatric cases.

9. Since the Board members have determined that in the absence of a residency condition, the offender will present an undue risk to society, they must assess whether the recommended location has the necessary controls and supervision to address the offender's risk and needs.

Residency Condition Following a Period of Detention

10. Refer to Policy 6.1 (Detention) for guidance related to ordering the statutory release of an offender subject to a residency condition following a period of detention.

Offender Representations

11. Refer to Policy 7.1 (Release Conditions) for guidance on offender representations.

Decision and Reasons

12. In their reasons for decision, Board members will document the reasons for imposing, varying or removing a residency condition on the offender's statutory release. The Board members' analysis will include why, in the absence of a residency condition, the offender will present an undue risk to commit a Schedule I offence or an offence under sections 467.11, 467.12 or 467.13 of the Criminal Code, and how the residency condition will facilitate the successful reintegration into society of the offender.

13. Board members will also specify the duration of the residency condition and the rationale for the imposition of that duration.

14. If applicable, Board members will indicate why residency in a psychiatric facility is considered necessary during the offender's statutory release.

15. If applicable, Board members will include an overview of:

  1. the offender's representations obtained in writing or at the hearing; and/or
  2. the victim statement(s).

Cross-References

16. Decision-Making Policy Manual:
1.1 – Information Standards for Conditional Release Decision-Making
2.1 – Assessment for Pre-Release Decisions
6.1 – Detention
7.1 – Release Conditions
7.2 – Day Parole and Residency Leave privileges

17. CSC Policies:
CD 712-1 – Pre-Release Decision-Making
CD 712-2 – Detention

Last Revised Date

2015-12-18

6. Detention

6.1  Detention

Legislative References

1. Corrections and Conditional Release Act (CCRA), sections 99(1), 129, 130, 131 and 132, Schedules I and II, Corrections and Conditional Release Regulations, sections 153 and 160 and National Defence Act, section 130.

Purpose

2. To provide guidance to Board members on conducting reviews for detention.

Detention Referrals

3. To consider detention, the Board must receive a detention referral from the Correctional Service of Canada (CSC), or a provincial or territorial correctional agency, in accordance with section 129 of the CCRA. The Board must determine whether:

  1. the referring agency is of the opinion that the criteria for referral are met; and
  2. their conclusion is reasonable.

4. A case is considered to have been referred on the day it is received by the Board.

5. A request to withdraw a detention referral must be received in writing from the person(s) who made the referral or from a person designated by the Commissioner of CSC and must include the reasons for the withdrawal.

6. A detention referral may only be withdrawn if:

  1. new information indicates that the referral criteria at the time the case was referred were not met; or
  2. the statutory release date has changed.

Decision-Making Criteria and Process

Detention

7. The Board may order the detention of an offender, pursuant to subsection 130(3) of the CCRA, where the Board is satisfied:

  1. in the case of an offender serving a sentence for an offence set out in Schedule I, or for an offence set out in Schedule I that is punishable under section 130 of the National Defence Act, that the offender is likely, if released, to commit, before the expiration of the sentence according to law:
    1. an offence causing the death of or serious harm to another person; or
    2. a sexual offence involving a child;
  2. in the case of an offender serving a sentence for an offence set out in Schedule II, or for an offence set out in Schedule II that is punishable under section 130 of the National Defence Act, that the offender is likely, if released, to commit a serious drug offence before the expiration of the sentence according to law; or
  3. in the case of an offender whose case was referred to the Chairperson by the Commissioner, that the offender is likely, if released, to commit before the expiration of the sentence according to law:
    1. an offence causing the death of or serious harm to another person;
    2. a sexual offence involving a child; or
    3. a serious drug offence.

8. In determining the likelihood of an offender committing an offence causing the death of, or serious harm to another person; a sexual offence involving a child; or a serious drug offence, Board members must take into consideration any factor that is relevant, including the factors outlined in section 132 of the CCRA.

Sexual Offence Involving a Child

9. Information regarding recurring sexual victimization involving children under 18 as demonstrated by the offender's criminal history, in psychological reports or from victims should be considered to determine the offender's sexual preferences for the purposes of paragraph 132(1.1)(b) of the CCRA.

Determining Serious Harm

10. Board members will determine whether an offender caused serious harm (which includes a severe physical injury or severe psychological damage) to a person, by considering all relevant factors, including:

  1. whether the offence resulted in a physical or psychological disability, incapacitation, disfigurement, or long-term reduction in quality of life;
  2. the extent of injury to the victim, as assessed or indicated by medical care sought or required;
  3. the nature of the offence and the circumstances surrounding it, and in particular whether it involved brutality, excessive force, gratuitous violence, or deviant sexual behaviour;
  4. the use of a weapon to harm or threaten the victim;
  5. whether or not the victim was subject to prolonged or repeated abuse or terror; and
  6. any particular vulnerability of the victim, such as being young, aged, infirm, helpless, or handicapped.

Statutory Release

11. If the Board does not order detention, the offender will be released on statutory release. Guidance on imposing conditions on statutory release, including residency, is provided in policies 5.1 (Statutory Release – Residency condition) and 7.1 (Release Conditions).

One-Chance Statutory Release

12. If the Board does not order detention, but is satisfied that the offender was serving a sentence for a Schedule I offence which caused death or serious harm, a sexual offence involving a child, or a sentence for a Schedule II offence, it may order a one-chance statutory release in accordance with subsection 130(4) of the CCRA.

13. When determining whether to order one-chance statutory release, Board members will assess all relevant factors, including:

  1. the history of re-offending and revocation on conditional release;
  2. any record of repeated convictions for similar offences;
  3. the offender's responsivity to programs and interventions; and
  4. the extent to which the offender's release plan and community supervision strategies minimize the possibility of future violence, sexual offences against children or a future serious drug offence.

Referrals by the Commissioner to the Chairperson

Interim Review

14. In certain cases referred by the Commissioner to the Chairperson, in accordance with paragraphs 129(5)(b) and (c) of the CCRA, where it is not possible to hold a detention review before the offender's statutory release date, the Board will hold an interim review to determine whether the information on file is sufficient to proceed with a detention review, and to ensure that the Board does not lose jurisdiction of the case.

Detention Review (Following an Interim Review)

15. A detention review may be held immediately following the interim review if the Board is satisfied that:

  1. all relevant information is available to make a decision, and the information has been provided to the offender;
  2. all other procedural safeguards are met; and
  3. the offender agrees to proceed.

16. If the detention review is not held immediately following the interim review, it must be held as soon as is practicable but not later than four weeks after the case was referred to the Board, unless the review is postponed at the request of the offender.

Adjournments and Postponements

17. Refer to policies 11.5 (Adjournments) and 11.7 (Postponements) for guidance related to the adjournment or postponement of a detention review.

Review of Detention Orders

18. The Board may review a detention order at any time and must do so within:

  1. one year after the order was made, and within one year after the date of each subsequent review, pursuant to subsection 131(1) of the CCRA; or
  2. two years after the order was made, and within two years after the date of each subsequent review, if the detention order relates to an offender who is serving a sentence for a Schedule I offence that caused death or serious harm, pursuant to subsection 131(1.1) of the CCRA.    

19. Board members will determine whether there is sufficient new information to justify modifying the order or making a new order.

20. Where the Board ordered detention with an understanding that there would be a new review upon successful completion of a program or intervention, Board members will assess the extent to which the offender has shown progress in addressing their risk and needs to determine whether the offender still meets the detention criteria.

21. Where, on completing a review of a detention order, the Board orders the statutory release of the offender, the release is a one-chance statutory release pursuant to subsection 130(6) of the CCRA.

After an Additional Sentence

22. When the Board conducts a review pursuant to paragraph 130(3.2)(a) of the CCRA to determine whether the current detention order should be amended to keep it in force until the new warrant expiry date, a full review of the case is not required given that the detention order is still in effect and a full review will occur within one year of the detention order or detention confirmed decision.

Statutory Release Order Subject to a Residency Condition Following a Period of Detention

23. Pursuant to subsection 131(3) of the CCRA, the Board may order the statutory release of the offender subject to a residency condition following a period of detention where the Board is satisfied that the condition is reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender.

24. Board members will take into consideration all relevant factors, including whether the offender requires a gradual reintegration into the community or if accommodation is identified as a need area and a residency condition addresses that need.

Residency in a Psychiatric Facility or a Penitentiary

25. A residency condition in a psychiatric facility or penitentiary may offer limited access to the community and should only be used when the offender will benefit from treatment programs that will assist in the management of risk and facilitate the offender's successful reintegration in the community. It should be part of a multi-stage plan leading to residency in a community-based residential facility or to a statutory release without a residency condition.

Review of a Statutory Release Order Subject to a Residency Condition

26. The Board may review a statutory release order subject to a residency condition at any time, and must do so within:

  1. one year after the order and within one year after the date of each subsequent review, pursuant to paragraph 131(3)(b) of the CCRA; or
  2. two years after the order and within two years after the date of each subsequent review, if the order relates to an offender who is serving a sentence for a Schedule I offence that caused death or serious harm.

Decision and Reasons

27. In their reasons for decision, Board members will summarize their overall findings and assessment of the offender, and the rationale for their decision. The summary should include:

  1. the type of decision and the legal criteria for the review;
  2. an overview of the offender's sentence and an analysis of the offender's criminal, social and conditional release history;
  3. a summary of the actuarial measures of the risk to re-offend, where applicable;
  4. analytical statements of all relevant aspects of the case, including discordant information of importance;
  5. information on the availability of supervision programs that would protect the public and assist in managing the risk the offender might otherwise present;
  6. a review of all factors listed in subsection 132(1) of the CCRA which are relevant to the case;
  7. an overview of the offender's representations obtained in writing or at the hearing, if applicable;
  8. an overview of the victim statement(s), if applicable;
  9. a concluding assessment of whether or not the offender is likely to commit an offence causing death or serious harm to another person, a sexual offence involving a child or a serious drug offence, before the expiration of the offender's sentence according to law; and
  10. if detention is not ordered, or if statutory release is ordered following a period of detention, any special conditions imposed, including residency. Refer to the “Decision and Reasons” section of policies 5.1 (Statutory Release – Release condition) and 7.1 (Release Conditions) for additional information.

Cross-References

28. Decision-Making Policy Manual:
1.1 – Information Standards for Conditional Release Decision-Making
2.2 – Psychological and Psychiatric Assessments
5.1 – Statutory Release – Residency Condition
7.1 – Release Conditions
11.1 – Hearings
11.1.1 – Elder Assisted and Community Assisted Hearings
11.5 – Adjournments
11.7 – Postponements

29. CSC Policy:
CD 712-2 – Detention

Last Revised Date

2015-12-18

7. Release Conditions

7.1  Release Conditions

Legislative References

1. Corrections and Conditional Release Act (CCRA), sections 133, 134, 134.1134.2 and 140(10.1) and Corrections and Conditional Release Regulations (CCRR), sections 147, 161 and 162.

Purpose

2. To provide guidance to Board members on imposing, varying or removing release conditions on unescorted temporary absence, day parole, full parole, statutory release and long-term supervision orders.

Definitions

3. Parole Reduced Status (Liberté conditionnelle mitigée): offenders on parole reduced status are subject to three standard conditions, namely paragraphs 161(1)(a) and (c) and subparagraph 161(1)(g)(i) of the CCRR.

4. Special conditions (Conditions spéciales): conditions imposed by the Board pursuant to subsections 133(3), 133(3.1), 133(4), 133(4.1), 134.1(2) and 134.1(2.1) of the CCRA.

5. Standard Conditions (Conditions automatiques): conditions listed in section 161 of the CCRR which every supervised offender must follow, unless varied in writing by the Board.

Residency Condition

6. Information on residency conditions can be found in policies 5.1 (Statutory Release – Residency Condition) and 9.1 (Offenders with a Long-Term Supervision Order).

Decision-Making Criteria and Process

7. A special condition may be imposed when the condition is considered reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender or reasonable and necessary in order to protect the victim. When imposing a special condition, Board members will:

  1. establish a clear link between the condition and the probability of re-offending if the condition is violated;
  2. relate the condition to the offender's risk factors, to an identified need or to behaviour that is inappropriate or unacceptable;
  3. ensure the condition can be complied with, enforced and monitored by the Parole Officer; and
  4. ensure the condition does not contradict any court order.

8. Board members should be cognizant of and sensitive to the needs and circumstances of women and Aboriginal offenders and the needs of other groups of offenders with special requirements when imposing release conditions.

Imposing, Varying or Removing a Special Condition

9. The Board may remove or vary a special condition when the condition or part of the condition is no longer reasonable and necessary in order to protect society and to facilitate the offender's reintegration into society.

10. If the Board imposes, varies or removes a special condition when the offender is already in the community, it should be based on behaviour that relates to an increase or decrease in the level of risk to the community since the offender's release. Exceptions apply in instances where a change in condition(s) is a result of the Board's review of the offender's written representations, where the Board imposed conditions that were not recommended by Correctional Service Canada (CSC).

11. During their review, Board members will consider any relevant factor, including:

  1. the offender's progress since release; the degree of stability in the offender's release plan or current situation;
  2. the presence of stressors that may affect future behaviour; and
  3. whether the offender has addressed the major factors for which the condition has been imposed.

Relief from a Standard Condition

12. When an offender makes an application for relief from or to vary a standard condition, Board members will consider all risk relevant information, including the Parole Officer's overall assessment and recommendation, to determine whether a deviation from those conditions is warranted.

13. The Board should not relieve an offender from compliance with the following conditions:

  1. obey the law and keep the peace;
  2. report immediately to the Parole Officer and thereafter as instructed; and
  3. report immediately to the Parole Officer any change in the address of residence.

Timeframe to Vary, Remove or Relieve from a Condition

14. When an offender makes an application to vary or remove a special condition or for relief from a standard condition, the Board will make a decision within three months of receipt of the application.

New Statutory Release Date within Nine Months

15. When the Board revokes a release or confirms a revocation, resulting in a new projected statutory release date within nine months from the date of CSC's referral to the Board, and CSC has provided the relevant information, the Board may impose special conditions at the same time.

Out-of-Country Travel

16. When a request for out-of-country travel is received, Board members will assess any issues or risk factors related to public safety associated with the travel.

17. Board members will consider any factor that is relevant in determining whether the travel might result in any increase to an undue level in the offender's risk to society at large, including:

  1. the nature of the offender's criminal history and any police opinion, any involvement in drug trafficking or a criminal organization and any potential for such activities or involvement;
  2. progress on current and previous releases including previous travel and the length of time on the current release;
  3. the success of the offender's reintegration over an extended period of time;
  4. written confirmation from authorities that the country of destination does not object to the offender visiting that country; if not available, written confirmation that the country of destination is unwilling to provide this information or written proof that the offender tried to obtain the confirmation;
  5. information concerning the purpose and details of the travel, including the length of time the offender will be outside of Canada and, if available, collateral contacts in the destination country; and
  6. the consistency of the travel with the offender's correctional plan.

18. When possible, Board members should specify the period of time that the offender is permitted to travel, given that a limited validity passport will be issued further to their decision to authorize temporary relief from the condition to remain in Canada at all times.

Offender Representations

19. The offender has the right to provide representations prior to the Board rendering a decision with respect to special conditions that were recommended by CSC.

20. When, at a hearing, Board members are considering imposing a special condition that was not recommended by CSC, they must ensure the offender has an opportunity to be heard.

21. When the Board does not conduct a hearing and imposes a special condition that was not recommended by CSC or in situations where there is immediate risk to the community and the Board imposes a condition without delay, the offender has the right to submit written representations to the Board within 30 days of receipt of the decision.

22. The review to consider the offender's written representations will be conducted by different Board members as soon as possible, but no later than 30 days following the receipt of the representation.

Decision and Reasons

23. In their reasons for decision, Board members will document the reasons for imposing, varying or removing each special condition, or for varying or relieving from a condition prescribed by the CCRR.

24. Board members will explain how each special condition relates to the offender's criminal behaviour and specify the reasons and legal criteria for imposing any special condition, specifically why the condition is considered:

  1. reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender (pursuant to subsections 133(3) and 134.1(2) of the CCRA); or
  2. reasonable and necessary in order to protect the victim (pursuant to subsections 133(3.1) and 134.1(2.1) of the CCRA).

25. Board members will also specify the duration of special conditions and the rationale for the imposition of that duration.

26. If applicable, Board members will include an overview of:

  1. the offender’s representations obtained in writing or at the hearing; and/or
  2. the victim statement(s).

27. In accordance with subsections 133(3.2) and 134.1(2.2) of the CCRA, if Board members decide not to impose any conditions on the parole, statutory release, unescorted temporary absence or long-term supervision order of the offender in cases where a victim has provided a statement to the Board, they will provide reasons for the decision.

Cross-References

28. Decision-Making Policy Manual:
1.1 – Information Standards for Conditional Release Decision-Making
1.2 – Information from Victims
2.1 – Assessment for Pre-Release Decisions
3.1 – Temporary Absences
4.1 – Day Parole
4.2 – Full Parole
4.5 – Accelerated Review
5.1 – Statutory Release – Residency Condition
8.1 – Assessment for Post-Release Decisions
9.1 – Offenders with a Long-Term Supervision Order
10.1 – Provincial/Territorial Offenders

29. CSC Policies:
CD 712-1 – Pre-Release Decision-Making
CD 715-1 – Community Supervision
CD 715-2 – Post-Release Decision Process
CD 715-3 – Community Assessments

Last Revised Date

2015-12-18

7.2 Day Parole and Residency Leave Privileges

Legislative References

1. Corrections and Conditional Release Act, sections 66(3), 99, 131(3), 133(4), 133(4.1), 134(1), 134.1(2), 134.2(1) and 135.1.

Purpose

2. To provide guidance to Board members on authorizing and establishing the parameters of leave privileges associated with day parole and with residency conditions on temporary absences, full parole, statutory release or long-term supervision orders.

Definitions

3. Community-Based Residential Facility (CBRF) (Établissement résidentiel communautaire (ERC)): place that provides accommodation to offenders on parole, statutory release, temporary absence or long-term supervision order. They include community correctional centres, community residential facilities, hostels, private home placements and other facilities designated as CBRFs.

4. Community Correctional Centre (Centre correctionnel communautaire): community-based residential facility operated by the Correctional Service of Canada (CSC) that provides a structured living environment with 24-hour supervision, programs and interventions for the purpose of safely reintegrating the offender into the community.

5. Community Residential Facility (Centre résidentiel communautaire): community-based residential facility operated by a non-governmental agency or a provincial entity that provides a structured living environment with 24-hour supervision, programs and interventions for the purpose of safely reintegrating the offender into the community.

6. Compassionate Leave (Sortie autorisée pour des raisons de compassion (humanitaires)): leave to allow the offender to attend to urgent matters affecting members of the offender's immediate family or other persons with whom the offender has a close personal relationship. Compassionate reasons may include death in the family or visits to the family where a serious illness occurs.

7. Emergency Medical Leave (Sortie autorisée pour des interventions médicales urgentes): leave to allow the offender to undergo medical examination or treatment of an urgent nature which requires overnight accommodation outside of the penitentiary, community-based residential facility or an institution under provincial or territorial jurisdiction, or other location.

8. Leave Privileges or Leave Passes (Privilège de sortie ou laissez-passer): written authorization allowing offenders a temporary relief from returning to a penitentiary, a community-based residential facility, an institution under provincial or territorial jurisdiction, or other location.

Leave Privileges

9. The Board is responsible for authorizing and establishing the parameters of leave privileges for:

  1. day parole releases, given that offenders are required to return to a facility each night or at another specified interval; and
  2. temporary absences and releases on full parole, statutory release or long-term supervision orders, when a residency condition is imposed.

10. Leave privileges should be tailored to meet the requirements of the type of release that is being authorized and the offender's risk and needs.

11. The Board may consider expanded leave in order to respond to the needs of women, Aboriginal offenders, and other groups of offenders with special requirements.

12. The Board entrusts the Institutional Head, the Director of the CBRF or the Area Director of the parole office, in conjunction with the Parole Officer, the responsibility to determine how and when the Board-authorized leave privileges are to be implemented, within the context of the offender's progress in meeting the objectives of the correctional plan. This includes the setting of curfews and time to be spent at the CBRF.

13. Leave privileges, other than those authorized for emergency medical or compassionate reasons, must be authorized in writing by the Board.

14. The Board must approve any modifications to the leave privileges that would increase the offender's access to the community. The Board's approval is not required to reduce the offender's access to the community.

Parameters of Leave Privileges

15. The parameters of leave privileges apply from the time the leave privileges are authorized by the Board, irrespective of the length of time the offender has been on conditional release. For day parole continued, where leave privileges are authorized by the Board, the parameters reached during the previous day parole period continue to apply, unless varied in writing by the Board.

16. Normally, the maximum leave privileges authorized by the Board are as outlined in this policy.

Community-Based Residential Facilities and Institutions Under Provincial or Territorial Jurisdiction

17. Leave passes of a maximum of three nights, including travel time, may be authorized within the following limits:

  1. one leave pass during the first month;
  2. two leave passes during the second month;
  3. three leave passes during the third month; and
  4. weekly leave passes during the fourth and subsequent months.

18. A leave pass may be extended by an additional night during weeks where there is a statutory holiday.

CSC Penitentiaries

19. A maximum of one leave pass of up to three nights may be authorized each month. The first leave pass may only be implemented more than 30 days after the implementation of the release plan.

Leave for Special Celebrations

20. Leave for special celebrations (e.g. Christmas, New Year's or other spiritual or cultural celebrations) should not be authorized in addition to the leave passes already approved for a particular month. CSC may allow the offender additional travel time for such special occasions.

Leave Authorized for Emergency Medical or Compassionate Reasons

21. The Area Director may authorize leave for up to a maximum of 15 days per occurrence for emergency medical reasons or up to a maximum of three days per occurrence for compassionate reasons, even for cases where the Board has not authorized leave privileges.

22. The Board's authorization is required for leave exceeding 15 days for emergency medical reasons or exceeding three days for compassionate reasons.

23. Emergency medical and compassionate leave should be authorized within the context of a day or full parole, statutory release or long-term supervision order with residency rather than as an unescorted temporary absence.

24. Emergency medical or compassionate leave authorized by CSC will be documented in the next progress report shared with the Board.

Decision and Reasons

25. In their reasons for decision, Board members will document whether or not leave privileges are authorized and stipulate the specific parameters of the leave. This includes any case-specific leave privileges that further limit or increase the offender's access to the community and the reasons for these parameters. Board members will provide a rationale when leave privileges are not authorized.

Cross-References

26. Decision-Making Policy Manual:
1.1 – Information Standards for Conditional Release Decision-Making
2.1 – Assessment for Pre-Release Decisions
3.1 – Temporary Absences
4.1 – Day parole
4.2 – Full Parole
4.5 – Accelerated Review
5.1 – Statutory Release – Residency Condition
7.1 – Release Conditions
9.1 – Offenders with a Long-Term Supervision Order

27. CSC Policies:
CD 712-1 – Pre-Release Decision-Making
CD 714    – Community Correctional Centre Standards
CD 715-3 – Community Assessments

Last Revised Date

2014-10-31

8. Post-Release Decision-Making

8.1 Assessment for Post-Release Decisions

Legislative References

1. Corrections and Conditional Release Act (CCRA), sections 124(3), 135, 136, 137, 138 and 140(2) and Corrections and Conditional Release Regulations, sections 147, 153 and 163.

Purpose

2. To provide guidance to Board members on reviewing and assessing risk relevant information for post-release decision-making.

Assessment Process

3. In reviewing whether the offender's risk has changed since release and, if applicable, re-incarceration, Board members will assess all relevant aspects of the case in accordance with Policy 1.1 (Information Standards for Conditional Release Decision-Making), including:

  1. the reasons for decision for the release; the offender's progress towards meeting the objectives of the correctional plan, including addressing the risk factors and needs areas;
  2. the offender's behaviour since release, including any time unlawfully at large;
  3. the history of previous breaches, suspensions and revocations;
  4. any documented occurrences of drug use, positive urinalysis results or failures or refusals to provide a sample;
  5. an analytical comparison of the behaviour with previous patterns of criminal behaviour;
  6. any professional opinions and/or information from others regarding behaviour since release;
  7. any systemic or background factors that may have contributed to the offender's involvement in the criminal justice system, such as the effects of substance abuse, systemic discrimination, racism, family or community breakdown, unemployment, poverty, a lack of education and employment opportunities, dislocation from their community, community fragmentation, dysfunctional adoption and foster care, and residential school experience;
  8. the circumstances surrounding the breach of any release condition and measures taken or proposed as a result;
  9. the release plan and community supervision strategies proposed for continuing the release; and
  10. the Parole Officer's overall risk assessment and recommendation, including proposed release conditions.

Remedial Action

4. Pursuant to subsection 135(6) of the CCRA, the Board may, when it cancels a suspension of parole or statutory release:

  1. reprimand the offender in order to warn the offender of the Board's dissatisfaction with the offender's behaviour since release and the consequences that may result from continuing the behaviour. This may be used where the offender's behaviour, although serious, does not place society at undue risk, but raises concerns about a potential increase in the level of risk the offender may pose to the community;
  2. alter the conditions of release; or
  3. delay the effect of the cancellation for a period not exceeding thirty days following the date of the Board's decision. This must be used only when the offender violated the conditions of parole or statutory release during the present suspension and where there has been a previous suspension for violation of conditions during the offender's sentence. The violation of conditions should also be serious enough to warrant sanction or intervention, but not serious enough to warrant a revocation of the release.

5. A delay of the effect of cancellation should be based on, but not limited to:

  1. investigating or finalizing a release plan that will assist in managing the offender's risk upon re-release or facilitate the offender's reintegration;
  2. successful completion of an institutional program before re-release;
  3. the need to accommodate a delay in acceptance to a program or a community-based residential facility; or
  4. the need for disciplinary measures in view of repeated violations of conditions.

Offender Representations

6. The Board's review will not be completed until after 15 clear days have elapsed from the date on which the Procedural Safeguard Declaration is signed, in order to allow the offender to make written representations, unless the offender has indicated in writing that no written representations will be provided. Shorter timeframes may be required in order to meet a legislated timeframe.

Discretionary Hearings

7. Refer to Policy 11.1 (Hearings) for guidance related to conducting a review by way of a hearing.

Decision and Reasons

8. In their reasons for decision, Board members will summarize their overall findings and assessment of the offender, and the rationale for their decision. The summary should include:

  1. the type of decision and the legal criteria for the review;
  2. a brief overview of the offender's current sentence and criminal history;
  3. a summary of the actuarial measures of the risk to re-offend, where applicable;
  4. 1
  5. analytical statements of all relevant aspects of the case, including aggravating and mitigating factors related to the risk to re-offend and discordant information of importance;
  6. an analysis of the release plan and community supervision strategies to manage the offender's risk during any remaining period of supervision;
  7. an overview of the offender’s representations obtained in writing or, at a hearing, if applicable;
  8. an overview of the victim statement(s), if applicable;
  9. a concluding assessment of whether or not the release of the offender would constitute an undue risk to society; and
  10. if the suspension is cancelled, any special condition imposed. Refer to the “Decision and Reasons” section of Policy 7.1 (Release Conditions) for additional information.

9. The reasons for the decision will indicate if a reprimand is issued or if the effect of cancellation is delayed.

Cross-References

10. Decision-Making Policy Manual:
1.1 – Information Standards for Conditional Release Decision-Making
1.2 – Information from Victims
7.1 – Release Conditions
10.1 – Provincial/Territorial Offenders
11.1 – Hearings

11. CSC Policy:
CD 715-2 – Post-Release Decision Process

Last Revised Date

2015-12-18

9. Offenders with a Long-Term Supervision Order

9.1 Offenders with a Long-Term Supervision Order

Legislative References

1. Corrections and Conditional Release Act (CCRA), sections 99.1, 134.1, 134.2, 135.1 and 140(2), Corrections and Conditional Release Regulations, section 147 and Criminal Code, sections 753(5), 753.1, 753.2, 753.3, 753.4, 755(2) and 760.

Purpose

2. To provide guidance to Board members on reviewing cases involving offenders subject to long-term supervision orders.

Definition

3. Long-Term Supervision Order (Ordonnance de surveillance de longue durée): an order imposed by the court that commences when the offender has finished serving all custodial sentences and for which the offender is supervised in accordance with the CCRA. The period of supervision to which the offender is subject at any time must not total more than 10 years.

Decision-Making Criteria and Process for Long-Term Supervision Conditions

4. The Board may impose conditions for the long-term supervision of the offender that it considers reasonable and necessary to protect society and to facilitate the successful reintegration of the offender into society, including residency (pursuant to subsection 134.1(2) of the CCRA), or reasonable and necessary to protect the victim (pursuant to subsection 134.1(2.1) of the CCRA). Board members will assess all relevant aspects of the case in accordance with Policy 7.1 (Release Conditions).

5. Special conditions imposed on parole or statutory release do not carry over to long-term supervision.

6. If the Board reviews an offender's case nine months or less before the long-term supervision comes into effect, and the Correctional Service of Canada has provided the relevant information, the Board may impose special conditions for the long-term supervision of the offender at the same time.

Condition to Reside in a Community-Based Residential Facility (CBRF)

7. When a condition to reside in a CBRF is imposed, it will be limited to a maximum of 365 days. If no decision is taken by the Board to prolong the condition to reside, the condition will expire.

Varying, Removing or Relieving from a Condition

8. Refer to Policy 7.1 (Release Conditions) for guidance related to varying or removing a special condition or relieving from a standard condition including the timeframe to make a decision with respect to such application.

Decision-Making Criteria and Process for Post-Suspension Reviews

9. When making a determination on whether to cancel the suspension or recommend that an information be laid pursuant to subsection 135.1(6) of the CCRA, Board members will assess all relevant information, including:

  1. the offender's progress towards meeting the objectives of the correctional plan, including addressing the risk factors and needs areas;
  2. information that the offender has demonstrated behaviour that may present a substantial risk to the community by failing to comply with one or more conditions (including time unlawfully at large and since re-incarceration);
  3. reliable and persuasive information that a breach of condition has occurred;
  4. whether the offender understood the full implications of the condition, or whether an explanation for failing to comply with the condition could be argued;
  5. any documented occurrences of drug use, positive urinalysis results or failures or refusals to provide a sample; and
  6. history and circumstances of breaches, suspensions or revocations during this or previous periods of conditional release or long-term supervision and any alternative interventions attempted to manage the risk.

10. The Board's review of the case will occur as soon as practicable, and within 60 days of the return to custody. This will ensure enough time within the 90-day period, as set out in subsection 135.1(2) of the CCRA, for the provincial/territorial Attorney General to determine whether to lay charges of breach of condition if recommended by the Board.

Remedial Action

11. Pursuant to subsection 135.1(8) of the CCRA, the Board may, when it cancels a suspension of the long-term supervision order of the offender:

  1. reprimand the offender in order to warn the offender of the Board's dissatisfaction with the offender's behaviour while being supervised;
  2. alter the conditions of the long-term supervision; and
  3. delay the effect of the cancellation for a period not exceeding 90 days from the date of the commitment of the offender, to allow the offender to participate in a program before re-release.

New Charges

12. A new charge laid against the offender does not necessarily provide grounds for suspension or recommendation to the Attorney General that an information be laid. The new charge must be of a type that makes it appear that the offender may pose a substantial risk to the community.

Offender Representations

13. Refer to policies 7.1 (Release Conditions) and 8.1 (Assessment for Post-Release Decisions) for guidance related to offender representations.

Decision and Reasons

Special Conditions

14. Refer to the "Decision and Reasons" section of Policy 7.1 (Release Conditions).

Post-Suspension

15. For post-suspension decisions, Board members will summarize their overall findings and assessment of the offender, and the rationale for their decision. The summary should include:

  1. analytical statements of all relevant aspects of the case, including aggravating and mitigating factors related to the risk to re-offend and discordant information of importance;
  2. an overview of the offender's representations obtained in writing or at the hearing, if applicable;
  3. an overview of the victim statement(s), if applicable;
  4. where the long-term supervision is to be resumed, a statement that this would not constitute a substantial risk to society by reason of the offender re-offending before the expiration of the long-term supervision period;
  5. if no appropriate program of supervision can be established, the rationale for recommending that an information be laid charging the offender with an offence under section 753.3 of the Criminal Code; and
  6. where the effect of cancellation is delayed, the program that the offender is to follow and the anticipated date of completion.

Cross-References

16. Decision-Making Policy Manual:
1.1
– Information Standards for Conditional Release Decision-Making
1.2 – Information from Victims
7.1 – Release Conditions
7.2 – Day Parole and Residency Leave Privileges
8.1 – Assessment for Post Release Decisions

17. CSC Policy:
CD 719 – Long-Term Supervision Orders

Last Revised Date

2015-12-18

10. Provincial/Territorial Offenders

10.1 Provincial/Territorial Offenders

Legislative References

1. Corrections and Conditional Release Act (CCRA),sections 108, 114, 119(1), 119(2), 120, 122(1), 123(3), 127(6), 133 and 138(3), Corrections and Conditional Release Regulations (CCRR), sections 147, 153, 157(2) and 158(2), and Prisons and Reformatories Act, subsections 6(1), 6(4.1) and (4.2) and 6(9).

Purpose

2. To provide guidance to Board members on reviewing cases involving provincial/territorial offenders.

Definitions

3. Earned Release Date (ERD) (Date de la mise en liberté méritée (DMLM)): the earliest possible date a provincial/territorial offender may be released from custody taking into account all earned remission. ERD may also be referred to as “Institutional Release Date”, “Possible Discharge Date”, “Discharge Possible Date” and “Release Due Date”.

4. Earned remission (Réduction de peine méritée): under subsection 6(1) of the Prisons and Reformatories Act, prisoners earn remission through good behaviour. Every sentenced prisoner may be credited with 15 days remission for each month served. Earned remission is applicable only to provincial/territorial offenders.

5. Provincial/territorial offender (Délinquant sous responsabilité provinciale/territoriale): an offender serving a non-intermittent sentence of less than two years in a provincial/territorial correctional facility.

Parole Reviews

6. The Board is not required to review the case of provincial/territorial offenders who apply for day and/or full parole if they are serving a sentence of less than six months.

7. Provincial/territorial offenders must apply for day and/or full parole as there are no fixed statutory review dates in law.

8. When reviewing applications from provincial/territorial offenders for day and/or full parole, Board members will assess all relevant aspects of the case in accordance with Policy 2.1 (Assessment for Pre-Release Decisions) to determine whether the offender meets the criteria of section 102 of the CCRA.

9. Provincial/territorial offenders granted day parole will be supervised until their ERD, and those granted full parole will be supervised until their warrant expiry date.

10. If not released on parole, provincial/territorial offenders are released at their ERD without any supervision as their sentence is deemed to be completed.

11. Provincial/territorial offenders are not subject to statutory release or detention provisions, but can be subject to a long-term supervision order.

Release Conditions

12. The conditions outlined in section 161 of the CCRR apply to provincial/territorial offenders.

13. The Board may impose special conditions that it considers reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender (pursuant to subsection 133(3) of the CCRA), or reasonable and necessary in order to protect the victim (pursuant to subsection 133(3.1) of the CCRA). Guidance on imposing conditions is provided in Policy 7.1 (Release Conditions)

14. Section 55 of the CCRA, which gives the Correctional Service of Canada (CSC) the authority to demand that an offender submit to urinalysis, does not apply to provincial/territorial offenders, unless they have been transferred to a penitentiary. If Board members impose a special condition to abstain from the use of alcohol and/or drugs, they should also impose a special condition to submit to urinalysis on demand, at regular intervals or where the parole supervisor has reasonable grounds to suspect that the condition to abstain from the use of alcohol and/or drugs has been breached.

Recredit of Remission

15. Upon application by an offender or recommendation from CSC, the Board will review a case for recredit of remission forfeited as a result of revocation of parole.

16. Where Board members decide to recredit remission, the reasons and the number of days recredited must be clearly documented in the reasons for decision.

Voting Requirements

17. The review of the case of an offender serving a sentence of imprisonment of less than two years will normally be conducted by a panel of one Board member. Exceptions apply to a pre-release review involving a sentence for an offence that resulted in the death of a person, which will be conducted by two Board members.

Transfer of Parole Jurisdiction

18. Before the transfer of an offender to another parole jurisdiction can be approved by the receiving parole board, members from the releasing board must render a decision regarding the conditional release of the offender.

19. Board members granting parole to provincial/territorial offenders with release plans to another parole jurisdiction should indicate in their reasons for decision that the release is conditional upon acceptance from the receiving parole jurisdiction.

20. Board members reviewing an offender's transfer application from the provinces of Ontario and Quebec will also review the conditions imposed by these parole boards to make a final determination regarding these conditions.

Cross-References

21. Decision-Making Policy Manual:
1.1 – Information Standards for Conditional Release Decision-Making
1.2 – Information from Victims
1.3 – Disclosure of Information to Offenders
2.1 – Assessment for Pre-Release Decisions
2.2 – Psychological and Psychiatric Assessments
4.1 – Day Parole 
4.2 – Full Parole
7.1 – Release Conditions
8.1 – Assessment for Post Release Decisions
9.1 – Offenders with a Long-Term Supervision Order
11.1 – Hearings
12.1 – Appeals
Annex A – Eligibilities Table for Conditional Release

22. CSC Policy:
CD 712-5 – Pre-Release Case Preparation for Provincial/Territorial Offenders and Federal Offenders Incarcerated in Provincial/Territorial Facilities

Last Revised Date

2015-07-23

11. Hearings and Reviews

11.1  Hearings

Legislative References

1. Corrections and Conditional Release Act (CCRA), sections 140, 141 and 143(1) and Corrections and Conditional Release Regulations (CCRR), sections 147, 152, 153, 154, 164, 165 and 166(2).

Purpose

2. To provide guidance to Board members on conducting quality hearings, while complying with the duty to act fairly and adhering to legislation, case law and policy.

Mandatory Hearings

3. Subsection 140(1) of the CCRA specifies in which cases the Board will conduct a review by way of a hearing, unless the offender waives the right to a hearing or refuses to attend the hearing.

4. A waiver of hearing does not apply to:

  1. escorted temporary absences for community service, family contact, personal development for rehabilitative purposes or parental responsibility, until a first escorted temporary absence has been approved or authorized by the Board by way of a hearing; and
  2. unescorted temporary absences, for offenders serving an indeterminate sentence or a sentence of life as a minimum punishment, until a first unescorted temporary absence has been authorized or first day parole granted (in accordance with subsection 164(1) of the CCRR).

Discretionary Hearings

5. In cases where a hearing is not required by law, Board members may choose to conduct a review by way of a hearing, pursuant to subsection 140(2) of the CCRA, where they believe, under the specific circumstances of the case, that a hearing is required to clarify relevant aspects of the case.  This may include where:

  1. the reliability and persuasiveness of the information being considered cannot be assessed on 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.

6. In instances where the offender had requested a review by way of hearing, the reasons for accepting or refusing to conduct a hearing will also be documented.

7. In instances where the offender or a person acting on their behalf has requested a review by way of hearing, the reasons for accepting or refusing to conduct a hearing will also be documented.

Hearing Process

8. Hearings before the Board are administrative processes in nature with no formal rules of evidence.

Audio Recordings of Hearings

9. The Board will make an audio recording of all hearings to provide an account of what occurred at each hearing and to permit a review to ensure that procedural safeguards were met.

10. Audio recordings of hearings will not include the Board members' deliberations.

Procedural Safeguards

11. At the beginning of a hearing, the procedural safeguards will be verified to ensure that they have been respected. If a procedural safeguard has not been met and legislative timeframes permit, Board members will permit the offender to choose whether to continue with the hearing or to request a postponement.

Confidential Information

12. If confidential information becomes available during the hearing, the information will be received in the absence of the offender or other persons present, and will be recorded separately.

13. Board members will decide whether the information is relevant and if it or a summary can be shared with the offender, according to subsection 141(4) of the CCRA. The offender must be informed if any confidential information was withheld and considered in making the decision (see Policy 1.3 (Disclosure of Information to Offenders)). The reasons for withholding any information will be documented in the reasons for decision.

Observers at Hearings

14. Refer to Policy 11.2 (Observers at Hearings) for overall guidance surrounding observers at hearings and to Policy 1.2 (Information from Victims) for guidance related to the presentation of victim statements at hearings.

15. Board members and staff attending a hearing for training purposes may be permitted to be present during the deliberations, as determined on a case-by-case basis.

16. To ensure fairness of the decision-making process and that the principles of natural justice are respected, Board members will ensure that:

  1. the offender is informed prior to, or at the beginning of, the hearing that Board members/staff will be present during the deliberations for training purposes but will not contribute in any manner to the decision being made; and
  2. any concerns by the offender will be considered by the Board members.

Decision

17. Board members will normally advise the offender of their decision and reasons at the hearing. If necessary, the Board members may conclude the hearing and make a decision at a later date and provide a written decision and reasons within a reasonable period and no later than within fifteen days after the day of the hearing.

Cross-References

18. Decision-Making Policy Manual:
1.2 – Information from Victims
1.3 – Disclosure of Information to Offenders
10.1 – Provincial/Territorial Offenders
11.2 – Observers at Hearings
11.3 – Assistants at Hearings
11.4 – Interpreters
11.5 – Adjournments
11.6 – Waivers
11.7 – Postponements

19. PBC Code of Professional Conduct

Last Revised Date

2015-07-23

11.1.1  Elder-Assisted and Community-Assisted Hearings

Legislative References

1. Corrections and Conditional Release Act (CCRA), sections 79, 84, 140, 141, 143(1) and 151(3) and Corrections and Conditional Release Regulations, sections 147, 152, 153, 154 and 164.

Purpose

2. To provide guidance to Board members on Elder-Assisted and Community-Assisted Hearings.

Definitions

3. Community-Assisted Hearing (Audience tenue avec l'aide de membres de la collectivité): a hearing which involves the application of section 84 of the CCRA and allows the participation of members of the Aboriginal community where the offender's release is being proposed. The hearing follows an Elder-Assisted format and may be held in the Aboriginal Community (reserve or urban community).

4. Elder-Assisted Hearing (Audience tenue avec l'aide d'un Aîné): a hearing traditionally held in a circle, with an Elder performing Aboriginal cultural protocols and spiritual ceremonies, as requested by the offender.

Hearing Process

5. The objective of Elder-Assisted and Community-Assisted Hearings is to create a responsive hearing process for Aboriginal offenders (First Nations, Inuit, and Métis) while adhering to the established criteria for decision-making. A non-Aboriginal offender, who has demonstrated a commitment to an Aboriginal way of life, may also request an Elder-Assisted and Community-Assisted Hearing. Board members will indicate reasons for accepting or rejecting requests from a non-Aboriginal offender.

6. As in all hearings, it is the function of the Board members to lead Elder-Assisted and Community-Assisted Hearings.

Elders at Hearings

7. The role of the Elder is to provide Board members with information about the specific cultures and traditions of the Aboriginal population the offender is affiliated with, and/or Aboriginal cultures, experiences, and traditions in general. If requested by the offender, the Elder may incorporate Aboriginal cultural protocols/ceremonies into the hearing (e.g. saying a prayer).

8. The Elder may be an active participant in the hearing and may ask about the offender's understanding of Aboriginal traditions and spirituality, progress towards healing and rehabilitation, and readiness of the community to receive the offender if return to the community is part of the release plan. The Elder may speak with the offender in an Aboriginal language to gain a better understanding of the offender, and to assist the Board members with gaining further information helpful to achieving a quality decision. The Elder will summarise such an exchange for the Board members and others at the hearing before the decision is made.

9. The Elder may advise the Board members with respect to cultural and spiritual factors during the deliberation stage of the hearing. The Elder is not involved in the decision-making process.

Observers at Hearings

10. Refer to Policy 11.2 (Observers at Hearings) for guidance surrounding observers at hearings.

11. In determining who may be present during an Elder-Assisted or Community-Assisted Hearing, the Board will take into consideration relationship values which may influence the offender's rehabilitation and reintegration, such as the importance of the offender's family 1, the community, and its leaders and Elders.

12. In the case of a Community-Assisted Hearing, community members involved in the offender's release planning may be active participants during the hearing process.

Victims at Hearings

13. When a victim requests to sit in the circle, Board members will consider the views of the victim, the Elder and the offender to determine whether or not the victim's presence in the circle would be disruptive to the hearing process.

14. Victims may present their statements submitted in advance, in accordance with Policy 1.2 (Information from Victims).

Cross-References

15. Decision-Making Policy Manual:
1.2 – Information from Victims
1.3 – Disclosure of Information to Offenders
2.1 – Assessment for Pre-Release Decisions
8.1 – Assessment for Post-Release Decisions
10.1 – Provincial/Territorial Offenders
11.1 – Hearings
11.2 – Observers at Hearings
11.3 – Assistants at Hearings

16. PBC Code of Professional Conduct

17. CSC Policy:
CD 712-3 – Parole Board of Canada Review

Last Revised Date

2014-10-31

11.2 Observers at Hearings

Legislative References

1. Corrections and Conditional Release Act (CCRA), subsections 140(4), (5), (5.1), (5.2) and (6) and Corrections and Conditional Release Regulations, section 152.

Purpose

2. To provide guidance to Board members on the attendance of observers at hearings.

Definition

3. Observer (Observateur): a person permitted by the Board or by a person designated by name or by position by the Chairperson, to attend an offender's hearing to observe the proceedings. This includes, but is not limited to, media, victims, victims' supports, offender supports, criminal justice partners, students and the general public. It also includes Parole Board and Correctional Service of Canada (CSC) representatives who are not participants in a given case.

Permission to Attend a Hearing

4. Persons who wish to attend a hearing, other than Parole Board and CSC representatives who may be permitted to attend for training purposes, must submit a written request to the Board for approval, in accordance with subsections 140(4) and 140(5.1) of the CCRA. The request should usually be made 30 days before the hearing.

5. Permission to attend a hearing is specific to that hearing, and any subsequent request to attend a hearing must also be approved.

6. Observers should be at least 18 years of age to be permitted to attend a hearing due to the nature of the subject matter commonly discussed at hearings and the potential for disruption of the hearing. Exceptions may be considered on a case-by-case basis.

7. The Board or designate may limit the number of observers attending the hearing. Limitations will be established after considering all the persons who are required or who have been granted permission to attend the hearing and while taking into account the capacity and technological capability of the hearing room.

8. Where a victim has been denied permission to attend a hearing, the Board will provide for observation of the hearing by any other means considered appropriate, in accordance with subsection 140(5.2) of the CCRA. In instances where security is of concern to the Board, this may include permitting the victim to observe by video conference from an alternate location, or by adding or enhancing security measures.

9. When a person is denied permission to observe a hearing, an explanation will be provided.

Observers at Hearings

10. Normally, observers are permitted to be present during the entire hearing, except during deliberations. Board members or staff attending for training purposes may be permitted to be present during deliberations, in accordance with Policy 11.1 (Hearings), but will not contribute in any manner to the decision being made.

11. The Board may require an observer to leave at any time during the hearing as considered necessary, pursuant to subsection 140(5) of the CCRA.

Cross-References

12. Decision-Making Policy Manual:
11.1 – Hearings
11.1.1 – Elder-Assisted and Community-Assisted Hearings
11.3 – Assistants at Hearings

13. CSC Policy:
CD 712-3 – Parole Board of Canada Reviews

Last Revised Date

2015-12-18

11.3 Assistants at Hearings

Legislative References

1. Corrections and Conditional Release Act (CCRA), subsections 140(4), 140(7) and 140(8).

Purpose

2. To provide guidance to Board members on the offender's right to an assistant at hearings.

Assistants at Hearings

3. The offender may be assisted at the hearing by a person of their choice, subject to subsection 140(4) of the CCRA. The role of the assistant is to advise the offender throughout the hearing, including conferring privately with the offender during the hearing, and to address the Board members on behalf of the offender, in accordance with subsection 140(8) of the CCRA.

4. The offender may designate only one person as an assistant. Other persons will be observers in accordance with Policy 11.2 (Observers at Hearings).

5. The offender is responsible for making the necessary arrangements for the assistant to attend the hearing, including any related expenses.

6. If the offender's assistant is unable to be present on-site with the offender at the hearing, Board members will inform the offender that they may request a postponement. Board members have the discretion to either accept the postponement or proceed with the hearing (refer to Policy 11.7 (Postponements)).

Decision and Reasons

7. In instances 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 that the offender was informed that they may request a postponement. They will also provide a rationale for proceeding with the review.

Cross-References

8. Decision-Making Policy Manual:
11.1 – Hearings
11.1.1 – Elder-Assisted and Community-Assisted Hearings
11.2 – Observers at Hearings
11.4 – Interpreters
11.5 – Adjournments
11.7 – Postponements

9. CSC Policy:
CD 712-3 – Parole Board of Canada Reviews

Last Revised Date

2015-12-18

11.4  Interpreters

Legislative References

1. Corrections and Conditional Release Act (CCRA), subsections 140(9) and 151(3).

Purpose

2. To provide guidance to Board members on the offender's right to the assistance of an interpreter.

Interpreters

3. An offender who does not have an adequate understanding of one of the official languages is entitled to the assistance of an interpreter, pursuant to subsection 140(9) of the CCRA. The role of the interpreter is to interpret between the language of the offender and the language of the information, hearing or decision.

4. The use of interpreters ensures that the offender understands the information provided to the Board for the review, the proceedings of the hearing and the decision, and that the offender is able to provide representations.

5. The interpreter is a neutral third party who is not involved in the decision-making process. Wherever possible, the interpreter should be certified. Spouses, other family members, friends of the offender, offender assistants or other offenders are not to be used as interpreters.

6. If the offender has indicated that they require the assistance of an interpreter but the interpreter is unable to be present at the hearing, the offender will be informed that they may request a postponement. Board members have the discretion to either accept the postponement or proceed with the hearing (refer to Policy 11.7 (Postponements)).

7. When proceeding with a hearing, Board members must be satisfied that the offender is able to understand the proceedings.

Decision and Reasons

8. In instances 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 that the offender was informed that they may request a postponement. They will also provide a rationale for proceeding with the review.

Cross-References

9. Decision-Making Policy Manual:
11.1 – Hearings
11.1.1 – Elder-Assisted and Community-Assisted Hearings
11.2 – Observers at Hearings
11.3 – Assistants at Hearings
11.5 – Adjournments
11.7 – Postponements

10. CSC Policy:
CD 712-3 – Parole Board of Canada Reviews

Last Revised Date

2014-10-31

11.5  Adjournments

Legislative References

1. Corrections and Conditional Release Act, subsections 122(3) and 123(4) and Corrections and Conditional Release Regulations (CCRR), subsections 156(5), 157(4) and 158(4).

Purpose

2. To provide guidance to Board members on adjournments of reviews.

Definitions

3. Adjournment (Ajournement): a decision to temporarily suspend a review, after the Board members have begun the review.

4. Administrative Adjournment (Ajournement administratif): a decision to delay a review, normally no later than 28 days prior to its scheduled date.

Process

Administrative Adjournment

5. The Board may administratively adjourn a review in order to obtain missing information required for the review.

6. Administrative adjournments should not occur for:

  1. escorted temporary absences reviews;
  2. detention reviews;
  3. post-suspension reviews; and
  4. any review involving an offender with a dangerous offender or dangerous sexual offender designation.

Adjournment of Temporary Absence, Day Parole and Full Parole Reviews

7. The Board may adjourn a temporary absence or parole review for a period of not more than two months where the Board requires:

  1. further information relevant to the review; or
  2. further time to render a decision.

8. Following an adjournment at a hearing, the Board may render a decision without resuming the hearing when:

  1. the hearing was adjourned only for the purpose of allowing more time to render the decision and no new information has been received; or
  2. new information was received between the adjournment and the rendering of the decision, the offender had the opportunity to provide written representations relating to the new information, and the decision results in the conditional release of the offender.

Adjournment of Detention and Post-Suspension Reviews

9. The Board may adjourn a detention or post-suspension review in order to obtain information relevant to the case that is not available at the time of the review. The review must resume prior to the offender's statutory release date for detention reviews or within the timeframes established in the CCRR for post-suspension reviews, unless the offender requests a postponement (refer to Policy 11.7 (Postponements)).

Resuming the Review

10. When the review resumes, the same Board members will continue the review at the point of adjournment. In circumstances where it is not possible to use the same members, a new review will be necessary.

Cross-References

11. Decision-Making Policy Manual:
6.1 – Detention
11.1 – Hearings
11.6 – Waivers
11.7 – Postponements
11.8 – Withdrawal

Last Revised Date

2014-10-31

11.6 Waivers

Legislative References

1. Corrections and Conditional Release Act (CCRA), subsections 123(2), (5)(5.01), (5.1) and (5.2) and 140(1), Corrections and Conditional Release Regulations (CCRR), section 164, and Criminal Code, section 761.

Purpose

2. To provide guidance to Board members on waivers of reviews or hearings.

Definitions

3. Waiver of hearing (Renonciation à une audience): a written statement by the offender advising the Board that they do not want a hearing.

4. Waiver of review (Renonciation à un examen): a written statement by the offender advising the Board that they do not want to be considered for a full parole review.

Process

5. A waiver applies to a specific review or hearing, and is valid until the next review date in accordance with subsections 123(5), (5.01)(5.1) or (5.2) of the CCRA, unless revoked in writing. of the CCRA, unless revoked in writing.

6. An offender, who waives the hearing, but not the review, may provide written representations to the Board within 15 days of the waiver. The Board will not complete the review until after 15 days from the date of the waiver of the hearing, unless the offender has indicated in writing that they do not wish to provide written representations or unless the Board must proceed with their decision to meet a legislated timeframe.

7. If an offender revokes a waiver, the revocation is only valid if received in writing by the Board before it has begun its review, in the case of a waiver of a hearing, and before the original scheduled date of review, in the case of a waiver of a review. In such instances, the Board will conduct the review as soon as practical following the receipt of all documentation required.

8. For offenders who have been certified or declared legally unable to manage for themselves or for offenders who are physically or mentally unable to manage for themselves but who are not certified or legally declared as such, a waiver form is considered valid if signed by the Parole Officer:

  1. where a guardian appointed by the courts to exercise the rights for the offender has provided documentation consenting to the waiver; or
  2. where a psychiatrist, a doctor or the offender's guardian or power of attorney has provided documentation attesting to the fact that the offender is not capable of participating in a hearing.

9. A waiver of hearing does not apply for:

  1. escorted temporary absences for community service, family contact, personal development for rehabilitative purposes or parental responsibility, until a first escorted temporary absence has been approved or authorized by the Board by way of a hearing; and
  2. unescorted temporary absences, for offenders serving an indeterminate sentence or a sentence of life as a minimum punishment, until a first unescorted temporary absence has been authorized or first day parole granted (in accordance with subsection 164(1) of the CCRR).

10. Offenders designated as dangerous offenders or dangerous sexual offenders and serving an indeterminate sentence cannot waive their right to a day or full parole review, in accordance with subsections 761(1) and (2) of the Criminal Code, but may waive their hearing.

Refusal to Attend a Hearing

11. If, on the day of the hearing, the offender does not attend the hearing and does not provide a written waiver, Board members will consider the reasons for the offender's non-attendance and determine if the review will proceed without the hearing.

12. If the offender does not attend the hearing and the Board members proceed with a review, the victims may present their statements which have been previously submitted to the Board and disclosed to the offender. No other presentation or statement may be made.

Decision and Reasons

13. In instances where the offender refuses to attend the hearing and the Board members proceed with a review, the Board members will document in their reasons for decision that the offender was informed that a decision may be made in their absence. They will also provide a rationale for proceeding with the review.

Cross-References

14. Decision-Making Policy Manual:
3.1 – Temporary Absences
11.1 – Hearings
11.5 – Adjournments
11.7 – Postponements
11.8 – Withdrawals

Last Revised Date

2015-04-24

11.7  Postponements

Legislative References

1. Corrections and Conditional Release Act,subsections129(5), 135(5) and 141(3) and Corrections and Conditional Release Regulations (CCRR), sections 147, 156(4), 157(3) and 158(3).

Purpose

2. To provide guidance to Board members on postponements of reviews.

Definition

3. Postponement (Report): a written request from an offender to delay a review.

Process

4. An offender may request a postponement for reasons that may include but are not limited to:

  1. a procedural safeguard cannot be met before the review;
  2. the offender wishes to complete an assessment, treatment or program before the review; or
  3. the offender's assistant is not available for the scheduled hearing date.

5. A postponement may be requested at any time prior to the review or during the hearing.

6. If a postponement will result in a legislative or regulatory timeframe not being met, Board members will ensure that:

  1. a written request for postponement has been received from the offender; and
  2. the offender understands that the postponement will result in the timeframe not being met and that no release will occur prior to the Board making a final decision, where applicable.

7. If the Board has reasonable grounds to believe that the offender is abusing the postponement process (for example, to avoid having a hearing in the presence of an observer), the Board may deny the request and proceed with the review.

8. When the Board agrees to postpone a review, it should take place or resume as soon as practicable, but normally not longer than four months from the original scheduled month.

Detention and Post-Suspension Reviews

9. When the Board agrees to postpone a detention or post-suspension review, the review must be completed within the timeframes established in the CCRR, unless the offender requests a longer postponement and understands that no release will occur prior to the Board making a final decision.

10. In order to avoid losing jurisdiction, postponements of interim detention reviews are not possible.

Refusal to Attend a Hearing

11. If the Board refuses an offender's request to postpone a hearing and the offender does not attend the hearing and does not provide a written waiver, Board members will consider the reasons for the offender's non-attendance and determine if the review will proceed without the hearing.

12. If the offender does not attend the hearing and the Board members proceed with a review, the victims may present their statements which have been previously submitted to the Board and shared with the offender. No other presentation or statement may be made.

Decision and Reasons

13. In their reasons for decision, Board members will document whether they accept or reject the request for a postponement and provide a rationale when it is rejected.

14. In instances where the offender refuses to attend the hearing and the Board members proceed with the review, Board members will document in their reasons for decisions that the offender was informed that a decision may be made in their absence. They will also provide a rationale for proceeding with the review.

Cross-References

15. Decision-Making Policy Manual:
1.1 – Information Standards for Conditional Release Decision-Making
6.1 – Detention
11.1 – Hearings
11.3 – Assistants at Hearings
11.5 – Adjournments
11.6 – Waivers
11.8 – Withdrawals

Last Revised Date

2014-10-31

11.8  Withdrawals

Legislative References

1. Corrections and Conditional Release Act (CCRA), subsections 122(6) and 123(7).

Purpose

2. To provide guidance to Board members on withdrawals of applications for temporary absences or parole.

Definition

3. Withdrawal (Retrait): a written request by an offender who no longer wishes to have their application for a temporary absence, a day parole or a full parole reviewed by the Board.

Process

Temporary Absences

4. An offender may withdraw an application for a temporary absence at any time prior to the review by the Board.

Day Parole or Full Parole

5. In accordance with subsections 122(6) and 123(7) of the CCRA, an offender may not withdraw an application for day parole or full parole within 14 calendar days of the hearing (not including the day the withdrawal was received or the day of the hearing), unless the withdrawal is necessary and it was not possible to withdraw it earlier due to circumstances beyond their control.

6. If an offender submits a withdrawal of their application for day or full parole within 14 calendar days before the date of the hearing, Board members will consider the offender's comments and any relevant information in deciding to accept or reject the offender's request.

7. If the Board rejects the request, the hearing will proceed as scheduled.

Refusal to Attend a Hearing

8. If, on the day of the hearing, the offender does not attend the hearing and does not provide a written waiver, Board members will consider the reasons for the offender's non-attendance and determine if the review will proceed without the hearing.

9. If the offender does not attend the hearing and the Board members proceed with a review, the victims may present their statements which have been previously submitted to the Board and shared with the offender. No other presentation or statement may be made.

Decision and Reasons

10. In their reasons for decision, Board members will document whether they accept or reject the request for a withdrawal of an application submitted within 14 calendar days of the date of the hearing and provide a rationale for their decision.

11. In instances where the offender refuses to attend the hearing and the Board members proceed with the review, Board members will document in their reasons for decision that the offender was informed that a decision may be made in their absence. They will also provide a rationale for proceeding with the review.

Cross-References

12. Decision-Making Policy Manual:
11.1
– Hearings
11.5 – Adjournments
11.6 – Waivers
11.7 – Postponements

Last Revised Date

2014-10-31

12. Appeals

12.1 Appeals

Legislative References

1. Corrections and Conditional Release Act (CCRA), sections 146 and 147, and Corrections and Conditional Release Regulations (CCRR), sections 153 and 168.

Purpose

2. To provide guidance to Board members in making decisions related to offender appeals.

Appeal Process

3. In accordance with subsection 147(1) of the CCRA, an offender may appeal a decision on the grounds that the Board, in rendering 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 in law, including where the Board did not follow or apply the law properly;
  3. breached or failed to apply a policy, including where the Board did not follow or apply a section of the Policy Manual properly;
  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 information available; 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.

4. The written notice of appeal filed by the offender or a person acting on their behalf will include the grounds for appeal as well as all supporting information.

5. Where the written notice of appeal and supporting information is received beyond the two month period set by the CCRR, the Vice-Chairperson of the Appeal Division may accept the appeal if satisfied that the delay was justified or that other circumstances make it desirable that the appeal proceed on the basis of the rules of natural justice or for administrative purposes.

Conduct of Appeals

6. Applications will be reviewed in the order in which they have been received. However, cases will be reviewed on a priority basis if the offender appeals a detention order, or any other case deemed by the Vice-Chairperson of the Appeal Division to be an exception.

7. Reviews will be conducted by way of a file review and include, where applicable, a review of the audio recording of the hearing.

8. The Appeal Division is not restricted to a consideration of the grounds raised in the written notice of appeal, but will also consider any ground, in accordance with subsection 147(1) of the CCRA, to determine whether the Board has erred in a way that resulted in prejudice or unfairness to the offender.

9. The Appeal Division will not reassess the issue of risk to re-offend and substitute its discretion for that of the original decision makers, unless it finds that the decision was unreasonable and unsupported by the information available at the time the decision was made.

Voting Requirements

10. The review of an offender appeal will be conducted by a panel of two Board members.

Timeframe for New Review Ordered

11. A new review/hearing ordered by the Appeal Division should occur within two months of the Appeal Division's decision.

Decision and Reasons

12. In their reasons for decision, Board members will summarize their overall findings and assessment of the case and the rationale for their decision.

Last Revised Date

2014-10-31

13. Pardons/Record Suspensions, Royal Prerogative of Mercy (Clemency) and Prohibition from Driving

13.1  Pardons/Record Suspensions

Legislative References

1. Criminal Records Act (CRA), sections 2, 2.2, 4(1) to (4), 4.01, 4.1, 4.2, 7, 7.1, and 7.2, Criminal Records Regulations (CRR), section 1.1 and Criminal Code, section 2.

Purpose

2. To provide guidance to Board members in making decisions related to pardons and record suspensions.

Terminology

3. Applications received on or after June 29, 2010 and before March 13, 2012 are referred to as pardon applications.

4. Applications received on or after March 13, 2012 are referred to as record suspension applications.

5. In this policy, the word “pardon” as noted in the CRA is referred to as “pardon” in French.

Eligibilities

6. For pardon or record suspension applications, a period of time must elapse after the expiration of any sentence, including a sentence of imprisonment, a period of probation and the payment of any fine, victim fine surcharge, restitution and compensation orders imposed for an offence. The specified periods of time or eligibility periods correspond to specific types of offences as defined in the CRA.

7. In accordance with subsection 4(2) of the CRA, certain applicants are ineligible to apply for a record suspension. Exceptions may be made if the Board is satisfied that the applicant:

  1. was not in a position of trust or authority towards the victim and the victim was not in a relationship of dependency with the applicant;
  2. did not use, threaten to use or attempt to use violence, intimidation or coercion in relation to the victim; and
  3. was less than five years older than the victim.

8. Board members will review the information provided by the applicant to determine whether they meet the exceptions to the ineligibility.

9. Refer to annexes B (Eligibilities Table for Pardon Applications Received on or after June 29, 2010 and before March 13, 2012) and C (Eligibilities Table for Record Suspension Applications Received on or after March 13, 2012) for additional guidance related to the eligibilities for pardons/record suspensions.

Decision-Making Criteria and Process

10. When making a decision on a pardon or a record suspension application, Board members will assess whether the applicant has been of good conduct. For applications that involve offences that fall under paragraph 4(a) of the CRA as it read on or after June 29, 2010 and before March 13, 2012, or under paragraph 4(1)(a) of the current CRA, Board members will also assess whether the pardon or record suspension would provide a measurable benefit to the applicant, would sustain the applicant's rehabilitation into society, and would not bring the administration of justice into disrepute.

Conduct

11. For the purpose of the CRA as it read on or after June 29, 2010 and before March 13, 2012, as well as the current CRA, good conduct is considered behaviour that is consistent with and demonstrates a law-abiding lifestyle.

12. In assessing conduct, the Board is not subject to the same standards as a criminal court. The presumption of innocence and the relating rights are not applicable in the context of a pardon or a record suspension application.

13. The type of information and documentation that may be considered includes:

  1. information from the police about a non-law abiding behaviour that did not result in a charge;
  2. information about an incident that resulted in a charge that was subsequently withdrawn, stayed, or dismissed, or that resulted in a peace bond or acquittal, especially where the charge or charges are of a serious nature, and/or are related to convictions on the record for which the pardon or the record suspension is requested;
  3. with regards to a peace bond or the use of alternative measures (ex. community service work), information on the adherence to the conditions, the date on which the conditions were imposed and the date of the originating incident;
  4. any record of absolute or conditional discharges;
  5. information about convictions under federal, territorial and provincial statutes and municipal by-laws, taking into consideration the nature, the number and the date of the infraction, and/or whether or not it is similar to the past criminal activity of the individual;
  6. relevant personal information exchanged with justice system participants as defined in the Criminal Code about suspected or alleged criminal behaviour;
  7. representations provided by, or on behalf of, the applicant; and
  8. any information submitted to the Board by others with knowledge of the case, such as victims.

14. In addition, the Board may make independent inquiries with justice system participants, as defined in section 2 of the Criminal Code.

15. The Board may also require that the applicant submit official documents relating to the commission, the investigation, and/or the prosecution of the offence.

16. Where the applicant did not reside in Canada, the Board may consider international documents (e.g. an attestation of their good conduct from law enforcement where they resided).

17. Where information from another jurisdiction has been submitted by the applicant, Board members will consider factors such as:

  1. the reliability and persuasiveness of the information; and
  2. the integrity of the source documents or information.

Measurable Benefit

18. When assessing the measurable benefit of a pardon or a record suspension, Board members may consider whether the pardon or record suspension will assist the applicant in:

  1. obtaining employment;
  2. obtaining residence/improving their living conditions;
  3. obtaining an education;
  4. removing stigma/changing others perceptions;
  5. social and/or personal improvement; and
  6. obtaining financial stability.

Sustainable Rehabilitation in Society

19. When assessing the applicant's sustainable rehabilitation in society, Board members may consider whether the applicant:

  1. has made a positive contribution to society;
  2. has a lifestyle that is no longer associated with criminal behaviour;
  3. has taken responsibility for the offence; and
  4. has taken steps to address the risk of recidivism, including developing pro-social relationships and social networks or identifying a support system.

Bringing the Administration of Justice into Disrepute

20. When determining whether the granting of a pardon or ordering a record suspension would bring the administration of justice into disrepute, Board members may consider the following:

  1. the nature, gravity and duration of the offence;
  2. the circumstances surrounding the commission of the offence;
  3. information relating to the applicant's criminal history;
  4. in the case of a service offence, any service offence history of the applicant that is relevant to the application; and
  5. the factors listed under section 1.1 of the CRR.

Revocation of a Pardon or a Record Suspension

21. When determining whether to revoke a pardon or a record suspension where the individual is subsequently convicted of an offence punishable on summary conviction under a federal act or its regulations, other than an offence referred to in subparagraph 7.2(a)(ii) of the CRA, Board members will consider all relevant information, including:

  1. information that suggests a significant disregard for public safety and order and/or laws and regulations, given the offender's criminal history;
  2. whether the offence is similar in nature to the offence for which the pardon or the record suspension was received; and
  3. the time period since satisfaction of all sentences.

Cessation of a Pardon or a Record Suspension

22. A pardon or a record suspension automatically ceases to have effect when the applicant is convicted of offences referred to in paragraph 7.2(a) of the CRA.

23. When proposing to cease a pardon or a record suspension in accordance with paragraph 7.2(b) of the CRA, Board members may consider new information such as a sentence not satisfied or a conviction.

Voting Requirements

24. The review of a pardon/record suspension application will be conducted by a panel of one Board member, except where the applicant has been convicted of a sexual offence or when deciding whether to revoke or cease a pardon or a record suspension for sexual offences, in which case the review will be conducted by a panel of two Board members.

25. If representations are received following a proposal to refuse to grant a pardon or order a record suspension, or to revoke a pardon or a record suspension, the final decision will be made by a panel of two different Board members for cases concerning sexual offences and by a panel of one different Board member for all other cases.

Representations

26. The individual affected may make written representations, or with the Board's authorization, oral representations, if the Board proposes to:

  1. refuse to grant a pardon or order a record suspension, pursuant to subsection 4.2(2) of the CRA;
  2. revoke a pardon or a record suspension, pursuant to subsection 7.1(1) of the CRA; or
  3. cease a pardon or a record suspension in cases which fall under paragraph 7.2(b) of the CRA.

27. Unless representations are received at an earlier date, the review will not proceed for at least 60 days following notification to the individual affected of their right to provide representation.

Hearings

28. Refer to Policy 13.3 (Hearings for Pardons/Record Suspensions, Royal Prerogative of Mercy (Clemency) and Prohibition from Driving) for guidance related to hearings.

Decision and Reasons

29. In their reasons for decision, Board members will summarize their overall findings and assessment of the application, and the rationale for their decision.

Cross-References

30. Decision-Making Policy Manual:
13.3 – Hearings for Pardons/Record Suspensions, Royal Prerogative of Mercy (Clemency) and Prohibition from Driving
Annex B – Eligibilities Table for Pardon Applications Received on or after June 29, 2010 and before March 13, 2012
Annex C – Eligibilities Table for Record Suspension Applications Received on or after March 13, 2012

Last Revised Date

2014-10-31

13.2  Prohibition from Driving

Legislative References

1. Corrections and Conditional Release Act (CCRA), section109, Corrections and Conditional Release Regulations, section 153 and Criminal Code, section 259.

Purpose

2. To provide guidance to Board members on cancelling or varying the unexpired portion of a driving prohibition order.

Terminology

3. In this policy, the terms “prohibition from driving” and “prohibition order” refer to prohibition from operating a motor vehicle, vessel, aircraft or railway equipment.

Eligibility

4. In accordance with section 109 of the CCRA, applicants are eligible to apply for relief from a prohibition order after a period of:

  1. 10 years after the commencement of the order, in the case of a prohibition for life; or
  2. five years after the commencement of the order, in the case of a prohibition for more than five years but less than life.

5. Prior to this eligibility, applicants must apply for clemency under the Royal Prerogative of Mercy.

Decision-Making Criteria and Process

6. The Board may cancel or vary a prohibition order made under section 259 of the Criminal Code where:

  1. there is substantial evidence that the prohibition order is causing undue hardship, which includes suffering of a mental, physical and/or financial nature, that is out of proportion to the nature and the seriousness of the offence for which the prohibition was ordered and its resulting consequences, and that is more severe than for other individuals in similar situations;
  2. there exists no other remedies, remedies are not lawfully available in a particular case, or recourse to them would result in greater hardship; and
  3. there is substantial evidence that altering or removing the prohibition order would not place the community at risk of the applicant's re-offending.

Voting Requirements

7. The review of an application to cancel or vary the unexpired portion of a prohibition order will be conducted by a panel of two Board members.

Applicant Representations

8. If the Board proposes to deny the request to cancel or vary the driving prohibition order, the applicant will be advised in writing and provided with the opportunity to make written or oral representations to the Board before a final decision is made.

9. A panel of two different Board members will review the representations made by an applicant.

Hearings

10. Refer to Policy 13.3 (Hearings for Pardons/Record Suspensions, Royal Prerogative of Mercy (Clemency) and Prohibition from Driving) for guidance related to hearings.

Decision and Reasons

11. In their reasons for decision, Board members will summarize their overall findings and assessment of the application, and the rationale for their decision.

Cross-References

12. Decision-Making Policy Manual:
13.3 – Hearings for Pardons/ Record Suspensions, Royal Prerogative of Mercy (Clemency) and Prohibition from Driving

13. Royal Prerogative of Mercy Ministerial Guidelines

Last Revised Date

2014-10-31

13.3  Hearings for Pardons/Record Suspensions, Royal Prerogative of Mercy (Clemency) and Prohibition from Driving

Legislative References

1. Criminal Records Act (CRA), sections 3, 4.2(2) and (3) and 7.1, and Corrections and Conditional Release Act (CCRA), sections 109 and 110.

Purpose

2. To provide guidance to Board members on conducting quality hearings for pardons, record suspensions, clemency under the Royal Prerogative of Mercy and driving prohibitions, while complying with the duty to act fairly and adhering to legislation, case law and policy.

Terminology

3. In this policy, the terms “prohibition from driving” and “prohibition order” refer to prohibition from operating a motor vehicle, vessel, aircraft or railway equipment.

Hearings

4. The applicant may request a hearing for a pardon, record suspension, clemency or prohibition order by first submitting written representations, including reasons for their request, if the Board proposes to:

  1. refuse to grant a pardon or order a record suspension, pursuant to subsection 4.2(2) of the CRA;
  2. revoke a pardon or a record suspension, pursuant to subsection 7.1(1) of the CRA; or
  3. cease a pardon or a record suspension in cases which fall under paragraph 7.2(b) of the CRA.

5. A hearing for a pardon or record suspension may be authorized by the Board based on an assessment of any relevant factor, including where:

  1. it is necessary to clarify information provided by the applicant that, in the opinion of the Board, can best be clarified through a hearing; or
  2. the applicant is unable to communicate effectively.

6. A hearing will be conducted, at the applicant's request, if the Board:

  1. proposes to make a negative recommendation to the Minister with regard to an application for clemency under the Royal Prerogative of Mercy; or
  2. proposes not to cancel or vary an order of prohibition from driving pursuant to section 109 of the CCRA.

Hearing Process

7. Board members will normally begin by briefly clarifying the purpose of the hearing and will provide the applicant the opportunity to present new information, to clarify information the Board had relied upon, or to make general observations.

8. The applicant should be given every reasonable opportunity to seek advice from an assistant.

9. An assistant can be present at a hearing with the applicant, or on behalf of the applicant, and offer any information they believe relevant to the Board. At their discretion, Board members may allow more than one assistant. However, only one assistant will have an opportunity to speak to the Board members before the hearing is concluded.

Audio Recordings of Hearings

10. The Board will make an audio recording of all hearings to provide an account of what occurred at each hearing and to permit a review to ensure that procedural safeguards were met.

11. Audio recordings of hearings will not include the Board members' deliberations.

Decision

12. When a hearing takes place for a pardon, record suspension or prohibition order, Board members will normally advise the applicant of their decision and reasons at the hearing. If necessary, Board members may conclude the hearing and make a decision at a later date and provide a written decision and reasons within a reasonable period.

Cross-References

13. Decision-Making Policy Manual:
13.1 – Pardons/Record Suspensions
13.2 – Prohibition from Driving

14. Royal Prerogative of Mercy Ministerial Guidelines

Last Revised Date

2014-10-31

Annexes

Annex A – Eligibilities Table for Conditional Release

Life Sentence – Minimum (Murder, 1st or 2nd Degree, on or after July 26, 1976)
TYPE ELIGIBILITY
Full Parole 1st degree - 25 years*
2nd degree - 10 to 25 years, as determined by the judge*
Judicial review possible after 15 years**
Day Parole 3 years before parole eligibility date (PED)
UTA 3 years before PED
ETA prior to day parole eligibility: any time, at the discretion of Correctional Service Canada (CSC) and subject to approval of the Board;

on or after day parole eligibility: any time, may only be authorized by the Board until the first ETA for community service, family contact, including parental responsibilities, or personal development for rehabilitative purposes has been completed without a breach of condition. Subsequent ETAs are at the discretion of CSC (unless there is a breach of condition in relation to the ETA).

(see Policy 3.1 (Temporary Absences)).
Escorted temporary absences (ETA) for medical reasons or in order to attend judicial proceedings or a coroner's inquest are exempt from PBC approval and authority requirement.
Statutory Release not applicable
* Eligibility is calculated to include time spent in custody following arrest.
**Applies only if the murder was committed before December 2, 2011.


Life Sentence – Minimum
(Murder or Death Commuted January 1, 1974 to July 26,1976
TYPE ELIGIBILITY
Full Parole 10 to 20 years*
Judicial review possible after 15 years
Day Parole 3 years before PED
UTA 3 years before PED
ETA any time, at the discretion of CSC
Statutory Release not applicable
* Eligibility is calculated to include time spent in custody following arrest.


Life Sentence - Minimum
(Death not Commuted by July 26,1976, Becomes Sentence for 1st Degree Murder)
TYPE ELIGIBILITY
Full Parole 25 years*
Judicial review possible after 15 years
Day Parole 3 years before PED
UTA 3 years before PED
ETA any time, at the discretion of CSC
Statutory Release not applicable
* Eligibility is calculated to include time spent in custody following arrest


Life Sentence - Minimum
(Young Offenders (under 18) / Murder 1st and 2nd Degree, Sentenced on or after May 15, 1992)
TYPE ELIGIBILITY
Full Parole 5 to 10 years, as determined by the judge*
Day Parole 4/5th of PED
UTA 4/5th of PED
ETA prior to day parole eligibility: any time, at the discretion of CSC and subject to approval of the Board;

on or after day parole eligibility: any time, may only be authorized by the Board until the first ETA for community service, family contact, including parental responsibilities, or personal development for rehabilitative purposes has been completed without a breach of condition. Subsequent ETAs are at the discretion of CSC (unless there is a breach of condition in relation to the ETA).

(see Policy 3.1 (Temporary Absences)).

ETAs for medical reasons or in order to attend judicial proceedings or a coroner's inquest are exempt from PBC approval and authority requirement.
Statutory Release not applicable
* Eligibility is calculated to include time spent in custody following arrest.


Life Sentence – Maximum
TYPE ELIGIBILITY
Full Parole 7 years, or 10 years if Judicial determination pursuant to section 743.6 of the Criminal Code (CC)*
Day Parole 6 months before PED
UTA 3 years before PED
ETA any time, at the discretion of CSC
Statutory Release not applicable
* Eligibility is calculated to include time spent in custody following arrest.


Indeterminate Sentence
TYPE ELIGIBILITY
Full Parole 3 years for offenders sentenced prior to August 1, 1997*
7 years for offenders sentenced on or after August 1, 1997*
Day Parole 3 years for offenders sentenced prior to August 1, 1997*
3 years before PED for offenders sentenced on or after August 1, 1997*
UTA 3 years for offenders sentenced prior to August 1, 1997*
3 years before PED for offenders sentenced on or after August 1, 1997*
ETA any time, at the discretion of CSC
Statutory Release not applicable
*from the day the offender was taken into custody.


Other Sentence - Two Years or More
TYPE ELIGIBILITY
Full Parole
(regular sentence)
the lesser of 1/3 of the sentence or seven years: subsection 120(1) of the Corrections and Conditional Release Act (CCRA)
Full Parole
(judge's determination)
the lesser of 1/2 of the sentence or 10 years: section 743.6 of the CC
Full Parole
(combined sentence)
refer to sections 120.1, 120.2, and 120.3 of the CCRA
Day Parole the greater of six months before PED or six months of sentence: paragraph 119(1)(c) of the CCRA
UTA the greater of 1/2 the PED, or six months: paragraph 115(1)(c) of the CCRA*
a UTA for medical purposes to administer emergency medical treatment may be authorized at any time to an offender whose life or health is in danger: subsection 115(2) of the CCRA**
**offenders classified as maximum security are not eligible for unescorted temporary absence: subsection 115(3) of the CCRA
ETA any time, at the discretion of CSC
Statutory Release 2/3rd of the sentence, plus, for an offender serving a sentence at the time the CCRA was proclaimed, the number of days of remission the offender may have lost or failed to earn, and was not re-credited
* For exceptions see sections 120, 120.1, 120.2, 120.3 and 121 of the CCRA.


Other Sentence - Less than Two Years
TYPE ELIGIBILITY
Full Parole 1/3 of the sentence: subsection 120(1) of the CCRA
Day Parole 1/2 of PED: paragraph 119(1)(d) of the CCRA
UTA Provincial Jurisdiction
ETA Provincial Jurisdiction
Statutory Release not applicable
* For exceptions see sections 120, 120.1, 120.2, 120.3 and 121 of the CCRA.

Last Revised Date

2014-12-18

Annex B – Eligibilities Table for Pardon Applications Received on or after June 29, 2010 and before March 13, 2012

TYPE ELIGIBILITY
Summary convictions other than those listed in Schedule 1 of the Criminal Records Act (CRA) as it read on or after June 29, 2010 and before March 13, 2012 3 Years
Service offences, under the National Defence Act, where the applicant was fined $2,000 or less, or detained or imprisoned for six months or less
Summary convictions as referred to in Schedule 1 of the CRA as it read on or after June 29, 2010 and before March 13, 2012 5 Years
Offences prosecuted by indictment other than those listed in Schedule 1 of the CRA as it read on or after June 29, 2010 and before March 13, 2012
Service offences, under the National Defence Act, where the applicant was fined more than $2,000, detained or imprisoned more than six months, or dismissed from service
All convictions, other than those listed in Schedule 1 of the CRA as it read on or after June 29, 2010 and before March 13, 2012, by a Canadian offender transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act
Serious personal injury offences (s. 752 of the Criminal Code) for which a sentence of imprisonment of two years or more was imposed 10 Years
Offences prosecuted by indictment as referred to in Schedule 1 of the CRA as it read on or after June 29, 2010 and before March 13, 2012
All convictions referred to in Schedule 1 of the CRA as it read on or after June 29, 2010 and before March 13, 2012 by a Canadian offender transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act

Last Revised Date

2014-10-31

Annex C – Eligibilities Table for Record Suspension Applications Received on or after March 13, 2012

TYPE ELIGIBILITY
Summary convictions other than those listed in Schedule 1 of the current Criminal Records Act (CRA) 5 Years
Service offences, under the National Defence Act, where the applicant was fined $5,000 or less, or detained or imprisoned for six months or less
Offences prosecuted by indictment other than those listed in Schedule 1 of the current CRA 10 Years
Service offences, under the National Defence Act, where the applicant was fined more than $5,000, detained or imprisoned more than six months, or dismissed from service

Last Revised Date

2015-12-18

Annex D – Amendments to the Decision-Making Policy Manual

Second Edition – no. 02 (2014-12-18)

The passage of Bill C-483, An Act to amend the Corrections and Conditional Release Act (escorted temporary absences), amends the Corrections and Conditional Release Act to provide authority to the Board for Escorted Temporary Absences (ETAs) for offenders serving sentences of life minimum following their day parole eligibility date.

With the change to the law, the Board will now also have authority for ETAs on or after day parole eligibility, until one for community service, family contact, including parental responsibilities, or personal development for rehabilitative purposes has been authorized and completed without a breach of condition, at which point the authority will shift over to the Correctional Service of Canada. If a temporary absence is cancelled because of a breach of condition, the subsequent absence may only be authorized by the Board.

The changes made to the policies reflect the legislative amendments that came into force on December 16, 2014.

3.1 Temporary Absences

Added relevant new legislative references to the “Legislative References” sections as well as within the policy.

Re-structured the “Escorted Temporary Absences” section to clearly outline the Board's authority for escorted temporary absences, prior to and after day parole eligibility.

Added a paragraph to indicate that the Board may impose conditions in relation to the escorted temporary absence that it authorizes.

Revised French translation of “authorize” to “autoriser” (instead of “accorder”) throughout the policy, for consistency.

11.1 Hearings

Revised wording in the “Mandatory Hearings” section to reflect that waivers of hearings do not apply to reviews for escorted temporary absences until a first absence has been approved or authorized by the Board at a hearing.

Revised French translation of "authorize" to “autoriser” (instead of “accorder”) throughout the policy, for consistency.

11.6 Waivers

Revised wording in the “Process” section to reflect that waivers of hearings do not apply to reviews for escorted temporary absences until a first absence has been approved or authorized by the Board at a hearing.

Revised French translation of “authorize” to “autoriser” (instead of “accorder”) throughout the policy, for consistency.

Annex A - Eligibilities Table for Conditional Release

Revised the “ETA” sections in the “Life Sentence – Minimum” and “Life Sentence - Minimum (Young Offenders (under 18) / Murder 1st and 2nd Degree, Sentenced on or after May 15, 1992)” tables to reflect which ETAs are subject to the Board's approval, and which must be authorized by the Board.

Revised French translation of “authorize” to “autoriser” (instead of “accorder”) throughout the table, for consistency.

Second Edition – no. 03 (2015-04-24)

The passage of Bill C-479 - An Act to amend the Corrections and Conditional Release Act (fairness for victims) has resulted in amendments to the Corrections and Conditional Release Act (CCRA) which came into force on April 23, 2015.

The amendments to the CCRA:
  • extend the legislated parole review periods for offenders serving a sentence of at least two years for a violent offence (Schedule I or murder) following a waiver, denial, cancellation or termination of parole;

  • extend the legislated detention review periods for offenders convicted of a Schedule I offence who caused the death of, or serious harm to, another person; and

  • entrench in law various victim-centered elements.

The policy changes reflect the above legislative amendments.

1.2 Information from Victims

A new legislative reference was added to the “Legislative References” section.

The “Information from Victims” section was amended to include a statement to highlight a new legislative provision that entrenches in law that the Board will take victim statements into account in their assessment.

6.1 Detention

The “Review of Detention Orders” and “Review of a Statutory Release Order Subject to a Residency Condition” sections were restructured to account for new timeframes to review detention orders and orders for statutory release with residency following detention for offenders with a Schedule I offence who caused the death of, or serious harm to, another person.

7.1 Release Conditions

A new legislative reference was added to the “Legislative References” section.

11.2 Observers at Hearings

New legislative references were added to the “Legislative References” section as well as within the policy.

A new paragraph was added in the “Permission to Attend a Hearing” section to reflect the new legislative requirement to provide a victim who has been denied permission to attend a hearing with alternate means to observe the hearing, as well as to clarify what means may be provided in cases where a victim has been denied on the basis of security concerns.

11.6 Waivers

New legislative references were added to the “Legislative References” section as well as within the policy.

Second Edition – no. 04 (2015-07-23)

Discretionary Hearings

Policies have been amended to provide additional guidance to Board members regarding discretionary hearings:

11.1  Hearings

In the "Discretionary Hearings" section, wording has been updated to specify that Board members should consider whether a hearing is required to clarify relevant aspects of the case and examples have been added for additional guidance.

Wording has been updated to clarify that if a person acting on behalf of an offender requests a review by way of a hearing, the reasons for accepting or refusing to conduct a hearing must be documented.

Wording has been updated in the "Decision" section to clarify the regulatory timeframe of 15 days to provide the written decision and reasons to the offender.

8.1  Assessment for Post-Release Decisions

A section on "Discretionary Hearings" has been added to refer readers to Policy 11.1 (Hearings) for guidance related to conducting a review by way of a hearing when a hearing is not required by law.

Offenders with Long-Term Supervision Orders

Policies have been amended to increase the maximum duration of a residency condition imposed on offenders with a long-term supervision order (LTSO) from 180 days to 365 days and to specify a timeframe for Board members to render a decision to vary or remove a special condition or for relief from a standard condition.

9.1  Offenders with a Long-Term Supervision Order

The "Condition to Reside in a Community-Based Residential Facility (CBRF)" subsection has been amended to change the maximum duration for a residency condition from 180 days to 365 days.

New wording has been added to the "Varying, Removing or Relieving from a Condition" subsection to refer Board members to Policy 7.1 (Release Conditions) for guidance on the timeframe within which a decision must be made to vary, remove or provide relief from a condition.

7.1  Release Conditions

A new subsection entitled "Timeframe to Vary, Remove or Relieve from a Condition" has been added to apply the three month regulatory timeframe to render a decision in relation to varying, removing or relieving from conditions, which indicates that this applies not just to parole, statutory release, and  unescorted temporary absences, but also to offenders with an LTSO.

Wording has been revised in the "New Statutory Release Date within Nine Months" subsection, for consistency with similar wording in Policy 9.1 (Offenders with a Long-Term Supervision Order) and to provide additional guidance.

Changes Resulting from the Victims Bill of Rights Act

The Victims Bill of Rights Act received Royal Assent on April 23rd, 2015. Some of the provisions of the Act related to the Corrections and Conditional Release Act come into force on July 23rd, 2015.

1.2  Information from Victims

The "Legislative References" and "Definition" sections have been amended to reflect the new definition, and legislative references, for "victim".

The "Information from Victims" section has been amended to reflect the new legislative reference pertaining to the imposition of conditions on an offender with an LTSO that are reasonable and necessary to protect a victim, when a victim statement has been provided to the Board.

7.1  Release Conditions

The "Definitions" section has been amended to reflect the new legislative authority to impose any conditions on an offender with an LTSO that are reasonable and necessary to protect a victim, when a victim statement has been provided to the Board.

The "Decision and Reasons" section has been amended to add new legislative references relating to the imposition of conditions on an offender with an LTSO that are reasonable and necessary to protect a victim, when a victim statement has been provided to the Board, and the requirement for the Board to provide reasons if not imposing any conditions in those cases.

9.1  Offenders with a Long-Term Supervision Order

The "Decision-Making Criteria and Process for Long-Term Supervision Conditions" section has been amended to reflect the new legislative authority for the imposition of conditions on an offender with an LTSO that are reasonable and necessary to protect a victim, when a victim statement has been provided to the Board.

Paragraph 14 in the "Decision and Reasons" section has been revised to reduce duplication.

10.1  Provincial/Territorial Offenders

The "Release Conditions" section has been revised to highlight the requirement from the Restrictions on Offenders Act for the imposition of conditions that are reasonable and necessary to protect a victim, when a victim statement has been provided to the Board.

Technical Amendments

1.2  Information from Victims

The French version of paragraph 9 of the "Presentation of Victim Statements at Hearings" section has been amended for consistency with the English version.

3.1  Temporary Absences

A correction has been made in paragraph 7 in French to replace the word "octroi" ("grant" in English) with "autorisation" ("authorization" in English).

10.1  Provincial/Territorial Offenders

Paragraph 15 of the "Recredit of Remission" section has been amended for consistency with the English version. 

Second Edition – no. 05 (2015-12-16)

2.1 Assessment for Pre-Release Decisions

The wording in the “Assessment of Offenders with an Indeterminate Sentence as a Result of a Dangerous Offender or Dangerous Sexual Offender Designation” section has been revised to update the terminology.

Reference to victim statements in the “Decision and Reasons” section has been added for completeness and consistency.

Provided Additional guidance in the “Decision and Reasons” section has been provide to ensure consistency with current practice and the Steele Supreme Court decision.

2.2 Psychological and Psychiatric Assessments

In the “Psychological Risk Assessments” section:

  1. added the exception (i.e. escorted temporary absences for compassionate reasons) to reflect current practice;
  2. removed qualifier of “high risk” for sex offenders with respect to the requirement for a psychological risk assessment; and
  3. provided clarification regarding the requirement for a psychological risk assessment where a psychiatric assessment was completed and includes a risk appraisal.

In the “Psychiatric Assessments” section, the requirement to have a psychiatric assessment completed for all offenders serving a life or indeterminate sentence for the purpose of an initial review has been amended.

4.3 Parole by Exception

Wording in the “Decision and Reasons” section has been streamlined for consistency within the Policy Manual.

4.4 Removal, Extradition and Voluntary Departure

Wording in the “Assessment Process” section has been streamlined for consistency within the Policy Manual.

5.1 Statutory Release – Residency Condition

Reference to offender's representations and the victim statements in the “Decision and Reasons” section has been added for completeness and consistency.

6.1 Detention

Reference to victim statements in the “Decision and Reasons” section has been added for completeness and consistency.

7.1 Release Conditions

Reference to the offender's representations and the victim statements in the “Decision and Reasons” section has been added for completeness and consistency.

8.1 Assessment for Post-Release Decisions

Reference has been added to victim statements in the “Decision and Reasons” section for completeness and consistency.

9.1 Offenders with a Long-Term Supervision Order

Reference has been added to offender's representations and victim statements in the “Decision and Reasons” section, for completeness and consistency.

11.2 Observers at Hearings

The definition of “Observer” has been updated.

11.3 Assistants at Hearings

Wording has been added to clarify that the assistant's role of advising the offender may include conferring privately with the offender during the hearing, which necessitates the assistant to be on-site with the offender if the hearing is by way of videoconference.

Annex C – Eligibilities Table for Record Suspension Applications Received on or after March 13, 2012

The fine amount for services offences under the National Defence Act, has been revised from $2,000 to $5,000 for accuracy.

Endnotes

[1] For Aboriginal people, "family" may extend to include not only those family relationships that exist by birth but others who are not related by birth, but who are given the title of grandparent, parent, brother, sister, aunt, uncle or other relative and who have as significant a relationship with the person as a blood relative.