COMMISSIONER'S DIRECTIVE

JUDICIAL REVIEW

Policy Bulletin 202

Annex A - Content Guidelines for the Parole Eligibility Report

OBJECTIVE

AUTHORITIES

2. Criminal Code:

s. 47 - Punishment for high treason
s. 235 - Punishment for murder
s. 745 - Sentence of life imprisonment
s. 745.6 - Application for judicial review
s. 746.1 - Parole prohibited
s. 746.1(2)( c ) - Temporary absences

Corrections and Conditional Release Act (CCRA):

s. 27(3) - Information to be given to offenders

Corrections and Conditional Release Regulations (CCRR):

s. 8, Inmates' attendance at judicial proceedings

Access to Information Act

Privacy Act

Provincial Rules of Practice

CROSS-REFERENCES

3. CD 700 - Correctional interventions
CD 701 - Information Sharing
CD 710-2 - Transfer of offenders

DEFINITIONS

4. Judicial Review process: a review by the courts to determine a reduction in the number of years of imprisonment without eligibility for parole, pursuant to section 745.6 of the Criminal Code.

5. Judicial Review summary report: a comprehensive, impartial summary of all Correctional Service of Canada (CSC) file documentation on an offender. It is prepared for submission to the Provincial Court to support the judge/jury in making a decision regarding Judicial Review.

ROLES AND RESPONSIBILITIES

6. The CSC's Legal Services will provide advice to staff, in conjunction with the Regional Justice Office, on how to respond to the court's requests and how to prepare for court.

7. The Institutional Head will send a copy of the offender's application for Judicial Review to the Regional Justice Canada Office and CSC Legal Services.

8. Parole Officers/Primary Workers are normally responsible for completing Judicial Review summary reports.

9. The staff member assigned to write the Judicial Review summary report should have no previous, direct, case management relationship with the applicant.

10. Employees preparing the Judicial Review summary report will prepare it within the time granted by the judge ordering the report or within the time period provided by the provincial rules.

11. If subpoenaed by the court, staff members in their duties related to case management will be responsible to appear at a preliminary hearing and/or Judicial Review hearing.

JUDICIAL REVIEW PROCESS

12. The Judicial Review process is initiated when the offender submits his or her application to the Chief Justice in the province in which the conviction occurred. The Chief Justice decides whether the application should proceed.

13. The following steps are followed in a Judicial Review:

1. judicial screening;
2. hearing of the application.

14. During the judicial screening, the judge will determine, in accordance with the criteria set out in paragraphs 745.63(1)( a ) through ( e ) of the Criminal Code and on the basis of the following documents, whether the applicant has shown, on a balance of probabilities, that there is a reasonable prospect that the application will succeed:

1. the application;
2. any summary report provided by the CSC or other correctional authorities;
3. any other written evidence presented to the Chief Justice or judge by the applicant or the Attorney General.

15. The judge may decide to hold a pre-hearing conference during the judicial screening. The pre hearing conference and preliminary hearing involve counsel for the parties. The author of the summary report may be required to appear at this stage.

16. During the judicial screening, the judge:

1. will make a decision on the relevance and admissibility of the evidence submitted and the manner in which it is presented;
2. will order that a Judicial Review summary report be drafted on each of the factors set out in subsection 745.63(1) of the Criminal Code; and
3. will determine whether the offender is required to appear.

MANAGING THE JUDICIAL REVIEW PROCESS

17. Twelve months prior to the offender's Judicial Review Eligibility Date, the institutional Parole Officer/Primary Worker responsible for the case will meet with the offender to verify if an application is to be, or will be, submitted, and advises him or her that it is their responsibility to engage legal counsel.

18. When the offender submits an application for Judicial Review, the Parole Officer/Primary Worker will complete a Memorandum to File indicating that an application has been made. The lawyer's name and address, and the location of the original trial will be specified.

19. If the offender is applying for Judicial Review, proceed with the following:

1. the Parole Officer/Primary Worker determines if the applicant wishes to transfer to the jurisdiction where his/her hearing will be held to prepare his/her file. Transfers will be carried out in accordance with CD 710-2 Transfer of Offenders;
2. the Parole Officer/Primary Worker advises the offender to request access to his or her file through Access to Information for the purpose of information sharing with legal counsel;
3. the Parole Officer/Primary Worker ensures that a psychological and/or psychiatric assessment has been completed, or will be completed, within the year preceding the application. If necessary, use the Psychological Services Referral Report form (CSC/SCC 0449) to request a psychological report;
4. the staff member assigned to write a Judicial Review report will use the Parole Eligibility Report Content Guidelines found in Annex A, or follow, if applicable, the Rules of Practice for the province in which the hearing will be held;
5. the author of the Parole Eligibility Report will input the document into the OMS via a Memo to File entitled, "Judicial Review." A paper copy will be placed on the offender's case management file;
6. the Parole Officer/Primary Worker responsible for the case will provide a copy of the Judicial Review report to the offender.

20. Following the Judicial Review hearing, the Parole Officer/Primary Worker responsible for the case will update the Correctional Plan and the Criminal Profile Report.

Commissioner

Original signed by
Keith Coulter

ANNEX A
CONTENT GUIDELINES FOR THE PAROLE ELIGIBILITY REPORT

NOTE: The Parole Eligibility Report is to be objective and impartial and is based on the information currently available in the offender's file. The report is not to contain opinions or recommendations.

PRIMARY SOURCES OF INFORMATION

• List all persons contacted for the purpose of the report (for example, legal contact, institutional contacts).
• List all Correctional Service of Canada (CSC) documentation reviewed such as:
• Case Management file
• OMS reports
• Education file
• Security Intelligence information (Preventive Security file).
• List the documentation/reports appended to the Parole Eligibility Report.

SUMMARY OF THE OFFENDER'S SOCIAL, FAMILY AND CRIMINAL BACKGROUND

Basic Personal Information

• The offender's date and place of birth, and type of upbringing. Discuss issues within the family, and within the greater home community of the offender, such as, product of child welfare system, suicide, family violence/sexual abuse and substance abuse. Include Aboriginal Social History, factors include effects of residential school (offender as survivor or intergenerational effects from family's historical experiences), sixties scoop, family or community history of suicide, substance abuse, victimization, experience in child welfare system, level or lack of formal education, level of connectivity or fragmentation with family/community, loss or struggle with cultural/ spiritual identity, experience with poverty, exposure or membership affiliation with gangs, etc.;
• Parents' names, ages, residence, employment, relationship with the offender;
• Information regarding the offender's siblings.

Educational History

• Academic level achieved (prior to current incarceration); and
• Any difficulties, experiences (i.e. learning disabilities).

Employment History

• Offender's employment history, noting employment patterns, skills and trades.

Marial Status

• Offender's marital status (single, married, separated or divorced);
• The spouse's name;
• Number of children; and
• Offender's present relationship to both spouse and children.

Health (Physical and Emotional)

• General Health (prior to current incarceration);
• Past psychological, psychiatric problems; and
• Suicide attempts.

Record as a Young Offender (if information is available)

• The age at which delinquency began;
• The nature and type of incidents; and
• Group home/reformatory experience.

Adult Criminal History

• Age when adult crime began;
• Nature and type of offences;
• Accomplices;
• Prior experience in provincial and/or federal prisons; and
• Experience on prior conditional release, including probationary periods.

SENTENCE ADMINISTRATION DATES

• Date of arrest and charge;
• Date of conviction and sentence;
• Date the death sentence was commuted to life imprisonment and length of time spent on “death row”, if applicable;
• Date of admission to federal custody;
• Date of UTA or Day Parole eligibility;
• Date of Full Parole eligibility; and
• Date of Judicial Review eligibility.

SUMMARY OF TRANSFERS AND DISCIPLINARY EVALUATIONS/REPORTS

Transfers

Briefly outline the offender's history of transfers, from the beginning of his or her current incarceration to the present (provide reasons for transfer but details of any disciplinary actions should be in the Discipline Section, below).

Disciplinary Interventions

• Describe any disciplinary offences and the resulting disciplinary actions. All information must be factual and cannot be based on inference or suspicion.
• Note any security concerns.

SUMMARY OF OFFENDER'S PERFORMANCE AND CONDUCT

Overview of Correctional Plan

• Supervision approach and release planning, as elaborated in the current Correctional Plan, making reference to those offender activities that relate to the contributing factors. For Aboriginal offenders, discuss any support to be provided pursuant to section 84 of the Corrections and Conditional Release Act (CCRA).

Vocational Training and Employment

• Indicate which educational or vocational programs the offender has been involved in since admission.
• Discuss the offender's work location since admission, noting frequent work locations, changes and stability.
• Note any significant employment performance evaluations.
• Note marketable skills the offender has acquired.

Leisure

• Discuss the offender's leisure time activities (i.e. involvement in spiritual/cultural activities, gym, yard, etc.).

Relationship with Institutional Staff

• Comment on the offender's attitude and behavior towards institutional staff, including instructors/teachers, Program Delivery Officers, work supervisors, security staff, Parole Officers/Primary Workers, Elders/Chaplains, Aboriginal Liaison Officers, Social Programs Officers, and others as appropriate.

Relationship with Peers

• Comment on the offender's attitude and behavior toward other offenders.

Family/Community Contacts while Incarcerated

• Discuss the offender's attitude towards family and other community support, visits received, participation in the Private Family Visiting Program, correspondence and the current family situation. Indicate the type of community, Indian Reserve or a rural/urban setting, to which the offender intends to return, as well as its' current dynamics (e.g., strengths/weaknesses).

Medical Intervention while Incarcerated and General Health

• Discuss any specific health problems (if applicable) and involvement in related programs.

SUMMARY OF PSYCHIATRIC, PSYCHOLOGICAL AND ELDER ASSESSMENTS

• If applicable, discuss the offender's participation in specific treatment programs (e.g., sex offender, anger management and aboriginal programming, and ongoing counseling, etc.).
• Note that all relevant psychiatric and psychological assessment reports completed since admission, including an Elder assessment, if available, should be appended to the Judicial Review report.

PERSONAL DEVELOPMENT

• Discuss the offender's involvement in any self-help programs (i.e., cultural, life and social skills, drug and alcohol abuse rehabilitation, etc.).
• Discuss the offender's views toward his or her general progress and emotional stability.

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