November 2005

FACT SHEET:
Victims Presenting Oral Statements at
National Parole Board (NPB) Hearings

What is a statement?

It is a paper that is prepared and read by victims directly to the Board members about the continuing impact of the crime and any concerns they have for their safety or the safety of the community. Victims may choose to present their statement personally at a hearing or on an audio or videotape (VHS).

Who can present a statement at NPB hearings?

• Someone who was harmed by a crime or who suffered physical or emotional damage as the result of a crime, or


• Where the victim is deceased, ill or otherwise incapacitated, the person's spouse, an individual who is cohabiting, or was cohabiting at the time of the person's death, with the person in a conjugal relationship, having so cohabited for a period of at least one year, any relative or dependant of the person, or anyone who has in law or fact custody or is responsible for the care or support of the person.

Victims who was harmed by an offender may present a statement whether or not the offender was prosecuted or convicted for this crime as long as a complaint was made to the police or the Crown Attorney, or an information was laid under the Criminal Code. The NPB must have a written confirmation that a complaint was laid.

These definitions applies to victims of the current offence, as well as to victims of previous offences.

What should a victim do if he/she is interested in presenting a statement?

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 statement at NPB hearings form is available from the NPB web site at: www.npb-cnlc.gc.ca Any regional office may be contacted to find out where to send your request. The addresses and phone numbers of all regional offices are listed below.

Does a victim interested in presenting a statement have to meet the observer criteria to attend a NPB hearing?

Yes. The NPB welcomes observers and will make every effort to accommodate them. A security screening will be conducted on visitors, including victims, before they are allowed into a penitentiary. Please refer to the Observer fact sheet for further information.

In which official language may a victim present a statement?

The hearing will be held in the official language requested by the offender, either English or French. However, a victim may present its written statement, audio or videotape, in either official language. The Board will only translate the written statement.

When should statements be sent to the NPB?

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. You should, therefore, send your statement, audio or videotape, to the Board at least thirty (30) days before the hearing. If you choose to write your statement in a language other than English or French, you should submit your statement at least forty-five (45) days before the hearing date so that the Board can have it translated.

What if a victim is unable to attend a hearing?

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.

When will a victim statement be presented?

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 concluding remarks by the assistant.

How old must a victim be to present a statement?

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. 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. A responsible adult must accompany a victim under the age of eighteen.

What information should a statement include?

A statement may include information that is relevant to assessing the risk presented by an offender. 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.

How will a victim statement be used?

Relevant information from a victim can help the Board assess:

• the nature and extent of harm suffered by the victim;


• 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 which might be presented by the offender; 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.

In preparing a statement, what should a victim keep in mind?

It is important to keep in mind the role of the Board as an agency responsible for making decisions about the timing and conditions of release of offenders to the community. NPB hearings are designed to assist Board members in evaluating the status of the offender, any risks the offender may currently pose, and whether that risk is manageable in the community under the supervision of a parole officer, and any special conditions the Board may impose. The Board takes into consideration all available information that is relevant to a case, including the stated reasons and recommendations of the sentencing judge, any other information and assessments provided by correctional authorities, and information obtained from victims and the offender.

Can a victim get information in how to prepare a statement?

NPB employees are available to answer your questions about preparing a statement. The policy and guidelines regarding oral presentations at parole hearings are posted on our web site at: www.npb-cnlc.gc.ca or you can call any victim's Info-line toll free numbers listed below.

A victim may want to know that:

• The protection of society, including victims, is the most important consideration for the National Parole Board in its decision-making.


• Victims play a key role in the NPB risk assessment through their statements.


• Victims can feel safe when attending a NPB hearing, as someone will be with them at all times.


• Some hearing rooms may be small with the result that victims could be close to the offender.


• Board hearings may be postponed up to the time the hearing begins.


• The Board may not proceed if information has not been shared with the offender, or if the offender or the offender's assistant is not able to attend.


• Hearings can be rescheduled at earlier or later time or date.


• The NPB cannot return the audio or videotape to victims.


• Since the audio or the videotape is part of the offender's file, an offender, through the Privacy Act, could access the document.


• If you are attending a parole hearing, especially for the first time, it is recommended to ask someone to accompany you. Be sure that person also completes a Request to Observe a Hearing form.


• NPB hearings are audio taped and offenders will have access to the tape.


• Other victims, offenders and members of their family, journalists and other members of the public may also be present at the hearing.


• Whether or not a victim attends a hearing, the audio or videotape will be presented.


• Upon entering an institution, all visitors must submit to a security check with a metal and drug scanner. Purses and briefcases will also be checked.


• Cellular phones and portable computers are not permitted inside the institution.


• Observers may be asked to leave the hearing temporarily while highly sensitive information is discussed.


• Victims registered with Correctional Service Canada or National Parole Board may be eligible for financial assistance from the Department of Justice Victims Fund program to attend NPB hearings. For information and assistance you may call 1-866-544-1007.

For more information, call the NPB office nearest you: