FREQUENTLY ASKED QUESTIONS

What is a Judicial Review?

A Judicial Review is a mechanism by which an offender who was convicted of murder and who has spent at least 15 years of a life sentence in prison may apply to seek a reduction of the waiting period before he or she can be considered for parole.

What are the possible results of a Judicial Review hearing?

There are two possible outcomes:

1. The offender is denied a reduction in the parole ineligibility period.

If the parole ineligibility period is not reduced, the jury must set a time in the future when the offender may make another application. For applications filed after January 9, 1997, the date must be at least two years after the Judicial Review hearing. Also, as the result of recent amendments, in re-applying, the applicant will need to convince a Superior Court Judge that his or her application has a reasonable prospect of success.

2. The offender is granted a reduction.

If the number of years of imprisonment without eligibility to apply for parole is reduced, the applicant may apply to the National Parole Board for release on parole after the reduced number of years has expired.

A successful application does not result in the automatic release of the offender on parole. Reduced ineligibility dates only establish an earlier date at which the offender may apply to the National Parole Board to have the Board review the case to determine whether or not the applicant deserves some form of parole.

What does a jury assess in a Judicial Review hearing?

In making a decision on an application, the jury considers any information provided by victims, the character of the applicant, the applicant's conduct while serving his or her sentence, the nature of the offence for which the applicant was convicted, and any other matters the judge considers relevant.

Does a favourable judicial review decision result in automatic release on parole?

No. If an offender's judicial review hearing is successful, he or she is NOT automatically paroled. The offender must then apply for parole. The National Parole Board conducts a risk assessment of the offender and its decision is based on the risk the offender poses to the public should he or she be released.

What is the role of the National Parole Board in the Judicial Review process?

The Board has no role in the Judicial Review process. However, once eligibility is established, the law gives the Board discretion to grant or deny parole. Board decisions are based on an independent assessment of risk of reoffending. The Board considers the risk an offender may present to the community and the long-term protection of society in deciding whether to grant parole.

Does a successful Judicial Review reduce the original sentence?

No. If the applicant's parole ineligibility period is reduced by the jury, and if the National Parole Board does grant parole, the offender is still subject to the sentence imposed for the offence, while on parole. Offenders who are paroled while serving a life sentence will remain under supervision for life and can be returned to prison if they violate any of the conditions of their parole.