Legislative references

Corrections and Conditional Release Act, sections 2, 23(1)(e), 25(1), 99(1), 101(b), 125(3), 132, 141 and 142(3).

Preamble
The National Parole Board (the Board) is committed to inclusive processes for victims of crime in the conditional release system, within the framework of the relevant legislative and policy authorities. As such, the Board welcomes information that victims may provide to assist the Board in the review of an offender's case.

Another key aspect of inclusion for the Board is giving victims a 'voice' by allowing them to present a statement at Parole Board hearings. These statements will give victims the opportunity at the hearing to present information directly to National Parole Board members about the continuing impact of the crime and any safety issues.

Purpose
The purpose of this policy is to provide guidance to Board members and staff relating to information received from victims and the presenting of statements at hearings conducted by the Board.

Presentation of victim statements at hearings

Definition of "victim"

• For the purposes of this section, "victim" means a person referred to in s. 2 of the Act and a person who meets the requirements of s.142(3) of the Act.

Policy
The Board will permit a victim to read a statement prepared and submitted in accordance with this policy, at the hearing of an offender or to present the statement in any other manner that the Board considers appropriate (for example, video/audio tape). The statement must be presented at the hearing in either of the two official languages.

The victim statement may be presented either at the beginning of the hearing, immediately following the formal opening, or at the end of the hearing following the Board member's interview with the offender or, if the offender has an assistant, the concluding remarks by the assistant.

The statement must be prepared in advance, in writing, and in the form and in accordance with any procedures established by the Board. It must be submitted to the Board in sufficient time to allow a copy of the statement to be provided to the offender, in the official language designated by the offender, at least 15 days before the day set for the hearing.

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 18 will be permitted to present a statement via video or audio tape.

Information from victims
The use of information from victims is governed by the principles stated in the Corrections and Conditional Release Act, including that the protection of society is paramount and the requirement to consider all information that is relevant to the case (section 101).

Relevant information from victims 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.

Giving information to the Board or other correctional authorities
Information from victims will be used by appropriate staff of the Board, the Correctional Service of Canada or other criminal justice authorities as part of the case preparation process. The information will be included in the offender's file and will be considered by the Board members who review the case as required in subsection 101(b) of the Corrections and Conditional Release Act.

Exceptionally, a situation may arise where a Board member personally receives information on a case directly from a victim, a victim's agent or other person. The member shall ensure that such information is documented in the offender's file. That Board member will not be involved in the next review of that offender.

Cross-References
9.3 - Observers at hearings & 10.2 - Disclosure to victims.