National Parole Board

The NATIONAL PAROLE BOARD (NPB) is an administrative tribunal with exclusive authority under the Corrections and Conditional Release Act (CCRA) to grant, deny, cancel, terminate or revoke parole. The CCRA and its regulations direct the NPB to make parole decisions for offenders in federal (serving two years or more) and territorial institutions and for provincially sentenced offenders serving a sentence of less than two years in provinces with no parole board.

Parole acts as a bridge between the offender's incarceration and the end of his/her sentence. This form of conditional release permits the offender to return to the community under supervision and with conditions that must be adhered to.

Parole does not mean the offender is free. It means that the offender has an opportunity, under the supervision and assistance of a parole officer, to become a contributing member of society, providing he/she abides by the release conditions. If the conditions of parole are not met, the NPB has the power to revoke the parole and return the offender to prison.

The concept of parole is based on the belief that a gradual, controlled, and supported release helps offenders re-integrate into society as law-abiding citizens and helps contribute to a safer society. This concept is supported by long-term studies and Canada, like many other countries, has made conditional release programs part of its criminal justice system.

Protection of society is the paramount consideration in any release decision. The Board members will grant parole only if in their opinion:

• the offender will not present an undue risk to society before the end of the sentence; and
• the release of the offender will contribute to the protection of society by facilitating his/her return to the community as a law-abiding citizen.

Board Members review all relevant material in the case and decide whether or not an offender may be permitted to return to the community to serve the balance of his/her sentence. They assess each case individually in terms of the offender's risk to society and public safety. Board members carefully review the information from the courts, victims, correctional authorities, and the offender. The Board's assessment is based on three major factors:

• the offender's criminal and social history;
• the offender's institutional behaviour and the benefit of programs; and
• the offender's release plan and the supervision strategies.

Victims

In relation to entitlements under the CCRA, a victim as defined in subsection 2 (1) of the Act and any person who has been considered as such in subsections 26(3), 26(4), or 142(3) of that Act. That is, if:

• you have been harmed (suffered loss or have been physically or emotionally hurt) as a result of someone committing a criminal offence;
• you are a spouse, conjugal partner, relative of, or person responsible for a victim who has died or is not able to act for himself or herself (e.g. the victim is ill or a child);
• even if the person who harmed you has not been prosecuted or convicted, if you have made a complaint to the police or Crown Attorney, you are entitled to receive information about the offender.

Information about an offender is not provided automatically. A written request is required to receive information that is available only to victims. Victims, or someone they have authorized in writing to act as their representative, are required to contact either the NPB or the Correctional Service of Canada (CSC) to receive information. They will be kept informed until the end of the offender's sentence, or until they ask to no longer be notified. The NPB REQUEST FOR INFORMATION form can be downloaded by clicking on the forms box at www.npb-cnlc.gc.ca or by contacting anyone of the regional offices at the toll free telephone number: 1-866-789-INFO (4636).

Victims play a key role in the NPB assessment of the offender's risk to society through their statements. The NPB welcomes any information victims may have about safety concerns and the effect the offence has had on them, their family or the community. A copy of the statement must be given to the NPB prior to a review because the law requires that the NPB disclose to the offender any information that will be considered during the decision-making process. Personal information about victims such as their address is not shared with the offender.

Relevant information from a victim can help the Board assess:

• the nature and extent of harm the victim has suffered;
• the risk of re-offending the offender may pose if released;
• the offender's potential to commit a violent crime, particularly in cases qualifying for accelerated review, for example by providing information about threatening or previous violent or abusive behaviour;
• the offender's understanding of the impact of the offence;
• conditions necessary to manage the risk to society that the offender may present; and
• the offender's release plans. Possible repercussions must be carefully assessed if the victim is a family member, or was closely associated with the offender. If the offender intends to return to an integrated, small, or isolated community, Board members must weigh the support and control available to assist reintegration. The views of the victim are of assistance if release would place the offender near the victim.

Observers

If a hearing is held, any member of the public, including victims, can apply to observe the hearing. Apply as early as possible to allow time for the security check that is required before a visitor can be admitted into an institution.

Most people who apply in writing to attend a hearing will be allowed to attend as observers. There are a few exceptions. Generally, no person under 18 years of age is allowed to observe a hearing. Observers and others will be asked to leave the hearing room while the Board members deliberate to make their decision.

If there are observers at a hearing, an NPB Regional Communications Officer accompanies the observers, provides a briefing on the case and the decision-making process, attends the hearing with the observers, and explains the NPB decision.

Reading a Statement

Victims have the opportunity to present a prepared statement directly to the Board members at the hearing. A victim may also choose to present his/her statement on audio, videotape, CD or DVD rather than in-person.

To present a statement a victim must submit a written request to the office of the NPB in the region where the hearing will take place. A REQUEST TO PRESENT A VICTIM STATEMENT AT A HEARING form can be downloaded by clicking on the forms box at www.npb-cnlc.gc.ca. Any regional office may be contacted to find out where to send your request.

The law requires that all information to be used in the decision-making process whether it is an audio or videotape must be shared with the offender at least fifteen (15) days in advance of the review. Victims should, therefore, send their statement, audio or videotape, to the Board at least thirty (30) days before the hearing. If they choose to write a statement in a language other than English or French, it should submitted at least forty-five (45) days before the hearing date so that the Board can have it translated. The hearing will be held in the official language requested by the offender, either English or French. A victim, however, may present his/her written statement, audio or videotape, in either official language.

If a victim is unable to attend a hearing in person, he/she may choose to send an audio or videotape of his/her written statement. The audio or videotape must be limited to a reading by the victim of the written statement. The written statement must accompany the audio or videotape.

A victim may choose to present a statement either at the beginning of the hearing or towards the end, immediately following the Board member's interview with the offender or, if the offender has an assistant, after the assistant's concluding remarks.

Normally, a victim must be age eighteen or over to present a statement in person at a hearing. This is due to the nature of the subject matter commonly discussed at hearings. Exceptions will be considered on a case by case basis; however, a responsible adult must accompany a victim under the age of eighteen.

Victims under the age of eighteen will be permitted to present a statement via audio or videotape providing there is a written consent from anyone who has in law or fact custody or is responsible for the care or support of the person.

Victim's Statement

A victim's statement may include information that is relevant to assessing the risk to society an offender presents. For example:

1. The continuing impact of the crime for which the offender was convicted or the act which resulted in a complaint with the Police or the Crown attorney. This could include information about the physical, emotional, medical and financial impact of the crime on you, your children and family members and others who are close to you.
2. Concerns a victim may have for the safety of his/herself, his/her family or the community with regard to the offender should he/she be released, explaining why he/she believe there may be a risk.

NPB employees are available to answer victims' questions about preparing a statement. The policy and guidelines regarding oral presentations at parole hearings are posted on the NPB web site at: www.npb-cnlc.gc.ca or call the victim's Info-line toll free 1-866-789-4636.

Victims Travel Fund

Victims registered with the NPB/CSC and approved to attend a hearing can apply to receive financial assistance to attend the hearings of the offender who harmed them. The Policy Centre for Victim Issues at the Department of Justice administers a fund that provides financial assistance, to victims and a support person to cover travel, hotel, and meal expenses, in accordance with current Government of Canada Travel Guidelines. As well, child or dependent care costs can be claimed. For more information, victims may contact the Victims Fund Manager by calling, toll-free, 1-866-544-1007 or at http://canada.justice.gc.ca/eng/pi/pcvi-cpcv/fund-fond/qa-qr.html.

Registry of Decisions

Since November 1, 1992, the Corrections and Conditional Release Act (CCRA) requires the National Parole Board (NPB) to maintain a registry of its decisions along with the reasons for those decisions. The purpose of the registry of decisions is to contribute to public understanding of conditional release decision making and to promote openness and accountability. Anyone may request, in writing, a copy of these decisions.

Anyone who demonstrates an interest in a specific case may write to the NPB to ask for a copy of the decision made in that case. A written request must be forwarded to the NPB regional office serving the area where the offender is imprisoned or under supervision (any regional office may be contacted to find out where to direct the request). The request must describe the reason for that interest for example, a member of the offender's family; a community volunteer; the offender's assistant; the victim; the investigating police officer; a media representative; etc.

The REQUEST FOR REGISTRY OF DECISIONS form is can be downloaded by clicking on the forms box at www.npb-cnlc.gc.ca .

The CCRA allows the NPB to withhold information from the decision that could reasonably be expected:

• to jeopardize the safety of any person
• to reveal a source of information obtained in confidence; or
• to affect adversely the reintegration of an offender to society as a law-abiding citizen, if released publicly .