Legislative references

Corrections and Conditional Release Act, section 143; subsection 144(1); and Regulations, section 166.

Records of decisions and hearing proceedings

RECORDS OF DECISIONS

The Board's decision and the reasons for the decision constitute the record of proceedings for the purposes of subsection 143(1) of the Corrections and Conditional Release Act.

VOICE RECORDINGS OF HEARINGS

Additionally, the Board will make a voice recording of all hearings to provide an account of what occurred at each hearing and to permit review to ensure that procedural requirements which protect the rights of the offender were met. This practice enhances the accountability of the decision-making processes of the Board and assists review by the Appeal Division.

If technical difficulties make a voice recording impossible, Board members will ensure that:

• For hearings related to the detention provisions of the Act, a detailed written record is made as the hearing proceeds; or
  
  
• In all other cases, a written summary of the proceedings is made.

These written records must include:

• the names of all persons participating in the hearing and their role;
  
  
• confirmation that information has been shared with the offender and that all other procedural safeguards were met;
  
  
• any new information which may arise during the hearing; and
  
  
• whether an observer attended the hearing.

RETENTION OF HEARING TAPES

Privacy legislation requires the retention of all hearing tapes for two years after their last administrative use. In addition, the Board will retain voice recordings

• until there is a further hearing, if one has not been held within two years; and
  
  
• until warrant expiry date when the hearing resulted in the release of the offender; and
  
  
• until two years after warrant expiry date when considered necessary by the Regional Director or Regional Manager in cases where an investigation has been ordered, it is reasonable to believe that there may be a further interest in the recording, or it may assist administrative functions of the Board.

OFFENDER'S ACCESS TO VOICE RECORDED PROCEEDINGS

The National Parole Board owns the master recording: however, privacy legislation states that an individual has the right to access personal information held by a government institution. Therefore, upon written request, the Board will supply the offender, without charge, one copy of the voice recording with any confidential information discussed in the absence of the offender deleted. Costs will be recovered for additional copies.

If an offender requests a copy of a recording to prepare for a hearing, the Board will provide one within fifteen days of receiving a written request if possible.

CSC ACCESS TO VOICE RECORDED PROCEEDINGS

The hearing tape of an offender may be released to a CSC staff person to listen when the need to listen to the tape constitutes a use consistent with why the information on the tape was gathered in the first place. Where the need is not consistent with this purpose, those wishing to have access to an offender's hearing tape will receive it only after acquiring the offender's consent.

Cross references

Policies on the release of information to victims and the decision registry; the Privacy Act Regulations.

Implementation date

September 19, 1997

11.2 - Registry of Decisions

Authority

Corrections and Conditional Release Act, section 144;
Corrections and Conditional Release Regulations, section 167.

Purpose

The registry of National Parole Board decisions and the reasons for those decisions promotes openness of decision-making and accountability of the Board. It contributes to public understanding of conditional release.

The registry allows individuals who demonstrate an interest in a specific case to access Board decisions relating to that offender. In addition, after personal identifiers are removed from the decision documents, researchers may have access to groups of decisions.

Policy

CONTENT OF THE DECISION REGISTRY

The National Parole Board registry of decisions contains:

• Board decisions, and reasons for the decisions, relating to an offender's conditional release, recommitment, or detention made after the proclamation of the Corrections and Conditional Release Act. The record of the decision, including the reasons, is that which is provided to the offender, in the official language of Canada requested by the offender, as required in paragraph 143(2)(b) of the Corrections and Conditional Release Act; and
  
  
• the decisions and reasons of the Appeal Division of the Board.

Temporary absence decisions made by the Correctional Service of Canada and administrative determinations made by the National Parole Board are not recorded in the decision registry.

The National Parole Board policy on interpreters at hearings allows, but does not require, the interpreter to provide a written summary of the decision and reasons for reference by the offender and case management staff. These summaries are not part of the decision registry. However, in accordance with the principle of openness, if an interpreter provided such a summary, and an individual who speaks the same language and not one of the official languages requests decision information the Board will, if possible, release the information provided by the interpreter.

SPECIFIC CASE ACCESS TO THE DECISION REGISTRY

Subsection 144(2) allows access to the contents of the registry relating to a specific case to a person who demonstrates an interest in that case and who applies, in writing, to the Board. Exceptions are made for information which could reasonably be expected

• to jeopardize the safety of any person;
  
  
• to reveal a source of information obtained in confidence; or
  
  
• if released publicly, to adversely affect the reintegration of the offender into society.

ACCESS TO PERSONS WHO DEMONSTRATE AN INTEREST IN A CASE

• Individual interest will be demonstrated by a request, in writing, for access to the contents of the registry relating to a specific offender. The request must describe the nature of that interest (for example, a member of the offender's family; a community volunteer; offender's assistant; the victim; investigating police officer; media representative; etc.).
  
  
• Unless the entire hearing took place in the presence of an observer, each decision will be assessed as to whether it contains information exempted by ss.144(2). In all other instances, any such information will be obscured if the contents are released, except for information disclosed during a part of a hearing at which an observer was present. (ss.144(4)).
  
  
• If the individual requesting access to the registry is a victim, disclosure of information will be in accordance with section 142 of the Act which may allow the release of information otherwise restricted by subsection 144(2).
  
  
• Should an individual or representative of an organization request case specific information about three or more distinct cases, the National Parole Board reserves the right to make a determination that such interest constitutes research, and the request may be subject to the Regulations governing research applications.

ACCESS FOR RESEARCH PURPOSES

Any person may have access for research purposes to the contents of the registry, subject to any conditions prescribed by section 167 of the Regulations. Research access will exclude the name of any person, including the offender, information that could be used to identify any person or information which could jeopardize any person's safety if disclosed.

Applications for research access are expected to come from various sources, including:

• members of the criminal justice system;
  
  
• media representatives;
  
  
• academics and students; and
  
  
• members of interest groups.

Cross reference

National Parole Board policy on interpreters at hearings;
Access to Information Act and Privacy Act.

Implementation date

November 1, 1992