|
Français
|
Contact Us | Help | Search | Canada Site |
| Home Page | What's New | Research | Publications | Careers |
Media Room
News Release |
 |
Communiqué |
FOR IMMEDIATE RELEASE
CORRECTIONAL SERVICE OF CANADA AND NATIONAL PAROLE BOARD ANNOUNCE BOARD OF INVESTIGATION INTO THE RELEASE AND SUPERVISION OF ERIC FISH
Ottawa, August 17, 2004 - The Correctional Service of Canada (CSC) and the National Parole Board (NPB) today announced the membership and terms of reference for a Board of Investigation into the release and supervision of Eric Fish, an offender on day parole, who has been charged with first-degree murder in the death of Mr. William Abramenko, age 75, in Vernon, B.C.
The three-member Board of Investigation will be chaired by Ms. Gillian Wallace, Q.C. who was Deputy Attorney General for British Columbia from January 2000 until she retired in April 2003.
The other members of the Board will include Mr. Don Tully, Director of Policy, Planning and Operations of the National Parole Board in Ottawa and Mr. Mike Johnston, a permanent investigator with the Incident Investigations Branch of the Correctional Service of Canada in Ottawa. Both these men have extensive experience in corrections and parole.
The Board of Investigation is charged with thoroughly and rigorously examining all aspects of this tragic incident. It will review all the circumstances into the release of the offender, determine if there were any pre-indicators, assess the programming and case preparation leading up to parole decisions, examine all parole decisions and the reasons behind the decisions, the quality of information on which the decisions were based as well as the quality of supervision while the offender was in the community. The Board is required to submit a final report by October 29, 2004.
The final report of the investigation will be released publicly once it has been vetted under the Access to Information and Privacy Acts and the Crown Attorney's office has been consulted in the event trial proceedings are underway.
A complete copy of the convening order and terms of reference may be obtained by clicking here.
- 30 -
For information:
| Nadine Archambault-Chapleau
National Parole Board Ottawa, (613) 954-5331 |
or | Michèle Pilon-Santilli
Correctional Service of Canada Ottawa, (613) 943-2573 |
CONVENING ORDER AND TERMS OF REFERENCE
BOARD OF INVESTIGATION INTO THE RELEASE AND SUPERVISION OF AN OFFENDER, UNLAWFULLY AT LARGE WHILE ON DAY PAROLE, CHARGED WITH FIRST DEGREE MURDER ON AUGUST 7TH, 2004 IN VERNON, BRITISH COLUMBIA
WHEREAS it is provided by Section 20 of the Corrections and Conditional Release Act, S.C. 1992, c. 20 that the Commissioner of the Correctional Service of Canada (CSC) may appoint a person or persons to investigate and report upon any matter relating to the operations of the Service;
and
WHEREAS it is provided by Subsection 152(4) of the Corrections and Conditional Release Act, S.C. 1992, c. 20 that the Chairperson of the National Parole Board (NPB) may appoint a person or persons to investigate and report on any matter relating to the operations of the Board;
and
WHEREAS on August 5th 2004, a 75-year-old man died as a result of injuries sustained during a home invasion.
and
WHEREAS on August 7th, 2004, Eric FISH was charged with first degree murder in relation to this death.
NOW THEREFORE I, Lucie McCLUNG, Commissioner of Corrections, and I, Ian GLEN, Chairperson, National Parole Board, do hereby appoint, by virtue of Section 20 and Subsection 152(4) of the Corrections and Conditional Release Act, Gillian WALLACE as Chairperson and Community Member of this investigation, with Mike JOHNSTON (Permanent Investigator, Incident Investigations Branch, National Headquarters, Correctional Service Canada) and Don TULLY (Director Policy, Planning and Operations, National Parole Board) as members of the Board of Investigation.
WE, Lucie McCLUNG and Ian GLEN, DIRECT AND CHARGE the persons so appointed to faithfully execute the duties entrusted to them in the conduct of this investigation and to provide us with:
| a) | the background into the incident |
| b) | a concise profile of the offender; |
| c) | the chronology of events for the period the offender was under supervision in the community; and |
NOW I, Lucie McCLUNG, FURTHER DIRECT that the Board of Investigation specifically analyze the following issues including any issues of compliance to the law, policies and procedures:
| a) | the possible existence of precipitating factors to the incident under investigation and, if so, the attention provided or action taken; |
| b) | the quality of all aspects of the case preparation leading up to the release of the offender on Day Parole; |
| c) | the quality of the supervision of the offender following release on Day Parole, including adherence to any special conditions of release that was imposed and the extent of any contact that took place while the offender was under supervision; and |
| d) | the quality of communications and sharing of information among relevant individuals and agencies leading up to the release of the offender on Day Parole, during the course of supervision and while the offender was Unlawfully at Large. |
AND I, Ian GLEN, FURTHER DIRECT that the Board of Investigation inquire into the following issues:
| a) | the reasons of the National Parole Board to grant the offender day parole, including the dissenting opinion, and the factors considered in the assessment of risk; |
| b) | the reasons of the National Parole Board for imposing the special conditions; |
| c) | the reasons for all other decisions rendered by the National Parole Board taken following the day parole grant while the offender was under supervision in the community; |
| d) | any action taken by the National Parole Board on any report received on the offender while the offender was under supervision in the community; |
| e) | any issue related to the dynamics of the panel hearings; |
| f) | any issue related to the quality of the information available to the National Parole Board in reaching its decisions; |
| g) | any issue related to compliance with the legislation and the policies of the National Parole Board having a bearing on its decisions; |
| h) | any other matter affecting the operations of the National Parole Board which the Board of Investigation considers relevant to the general understanding of the incident. |
AND WE FURTHER DIRECT the Board of Investigation to provide us with its findings on the above matters and any recommendations it considers may contribute to the prevention of similar situations or occurrences in the future.
AND FURTHER, to ensure the success of this investigation, the Board of Investigation is authorized:
| a) | to adopt such procedures and methods as may be deemed necessary for the proper conduct of this investigation; |
| b) | to be provided with adequate and secure working accommodation and administrative assistance as required; |
| c) | to search any building, receptacle or thing being on the property of and in the possession of the Correctional Service of Canada or the National Parole Board, and to seize and retain such books, documents or things as the Board may deem, on reasonable grounds, necessary for the successful execution of its mandate; |
| d) | to have complete access to personnel under the employ of, or under contract with, the Correctional Service of Canada or the National Parole Board and to members appointed to the National Parole Board; |
| e) | to communicate, at the discretion of the Chairperson of the Board of Investigation, with any outside person, agency, office or organization which may assist in the successful completion of this investigation; and |
| f) | to disclose any personal information it deems necessary to enable the recipient of a Section 13 Notice to fully understand and respond to the allegations of misconduct. |
The annex to this convening order outlines the further powers and responsibilities bestowed on this Board of Investigation under Sections 7 to 13 of the Inquiries Act pursuant to Section 21 of the Corrections and Conditional Release Act. In applying the Section 13 process, the Board of Investigation shall apply the same considerations and follow the same procedures with Section 13 whether the person is a member of the public, a staff member, a Parole Board member, an offender or a contractor.
AND WE FURTHER DIRECT the Board of Investigation to submit to us, through the Assistant Commissioner, Performance Assurance, CSC, and the Manager, Audits and Investigations, NPB, a written report marked "Protected B," no later than October 29th, 2004.
Given under our hand in the City of Ottawa, in the Province of Ontario, this 17th day of August, 2004.
| ______________________________
Lucie McClung Commissioner of Corrections Correctional Service of Canada |
______________________________
D. Ian Glen Chairperson National Parole Board |
ANNEX TO CONVENING ORDER
This investigation is convened under Section 20 of the Corrections and Conditional Release Act which reads: "The Commissioner may appoint a person or persons to investigate and report on any matter pertaining to the operations of the Service." Section 21 of the Act stipulates that, for investigations convened under Section 20, Sections 7 to 13 of the Inquiries Act apply.
By virtue of Sections 7 to 13 of the Inquiries Act, for the purpose of their investigation, members of national Boards of Investigation have all the powers of "commissioners" under the Inquiries Act, and those special powers and responsibilities are as follows:
INQUIRIES ACT. R.S., c. I-13, s.1
PARTS II AND III
7. For the purposes of an investigation ..., the commissioners
| (a) | may enter into and remain within any public office or institution, and shall have access to every part thereof; |
| (b) | may examine all papers, documents, vouchers, records and books of every kind belonging to the public office or institution; |
| (c) | may summon before them any person and require the person to give evidence, orally or in writing, and on oath or, if the person is entitled to affirm in civil matters on solemn affirmation; and |
| (d) | may administer the oath or affirmation under paragraph (c). R.S., c. I 13, s.7. |
8.(1) The commissioners may, under their hands, issue a subpoena or other request or summons, requiring and commanding any person therein named;
| (a) | to appear at the time and place mentioned therein; |
| (b) | to testify to all matters within his knowledge relative to the subject-matter of an investigation; and |
| (c) | to bring and produce any document, book or paper that the person has in his possession or under his control relative to the subject-matter of the investigation. |
(2) A person may be summoned from any part of Canada by virtue of a subpoena, request or summons issued under subsection (1).
(3) Reasonable travel expenses shall be paid at the time of service of a subpoena, request or summons to any person summoned under subsection (1). R.S., c. I 13, s. 8.
9.(1) In lieu of requiring the attendance of a person whose evidence is desired, the commissioners may, if they deem it advisable, issue a commission or other authority to any officer or person named therein, authorizing the officer or person to take the evidence and report it to the commissioners.
(2) An officer or person authorized under subsection (1) shall, before entering on any investigation, be sworn before a justice of the peace faithfully to execute the duty entrusted to the officer or person by the commission, and, with regard to the taking of evidence, has the powers set out in subsection 8(1) and such other powers as a commissioner would have had if the evidence had been taken before a commissioner. R.S., c. I 13, s. 9.
10. (1) Every person who is liable, on summary conviction before any police or stipendiary magistrate, or judge of a superior or county court, having jurisdiction in the county or district in which that person resides, or in which the place is situated at which the person was required to attend, to a fine not exceeding four hundred dollars.
| (a) | being required to attend in the manner provided in this Part, fails without valid excuse, to attend accordingly, |
| (b) | being commanded to produce any document, book or paper, in his possession or under his control, fails to produce the same, |
| (c) | refuses to be sworn or to affirm, or |
| (d) | refuses to answer any proper question put to him by a commissioner, or other officer or person referred to in section 9, |
(2) For the purposes of this Part, a judge of a superior or county court referred to in subsection (1) shall be a justice of the peace. R.S., c. I 13, s. 10.
11.(1) The commissioners, whether appointed under Part I or under Part II, may if authorized by the commission issued in the case, engage the services of
| (a) | such accountants, engineers, technical advisers or other experts, clerks, reporters and assistants as they deem necessary or advisable; and |
| (b) | counsel to aid and assist the commissioners in an inquiry. |
(2) The commissioners may authorize and depute any accountants, engineers, technical advisers or other experts, the services of whom are engaged under subsection (1), or any other qualified persons, to inquire into any matter within the scope of the commission as may be directed by the commissioners.
(3) The persons deputed under subsection (2), when authorized by order in council, have the same powers as the commissioners have to take evidence, issue subpoenas, enforce the attendance of witnesses, compel them to give evidence, and otherwise conduct the inquiry.
(4) The persons deputed under subsection (2) shall report the evidence and their findings, if any, thereon to the commissioners. R.S., c. I 13, s. 11.
12. The commissioners may allow any person whose conduct is being investigated under this Act, and shall allow any person against whom any charge is made in the course of an investigation, to be represented by counsel. R.S., c. I 13, s. 12.
13. No report shall be made against any person until reasonable notice has been given to the person of the charge of misconduct alleged against him and the person has been allowed full opportunity to be heard in person or by counsel. R.S., c. I 13, s. 13.
