Records of Reviews and Decisions
Marginal note:Records of proceedings
143. (1) Where the Board conducts a review of the case of an offender by way of a hearing, it shall maintain a record of the proceedings for the period prescribed by the regulations.
Marginal note:Decisions to be recorded and communicated
(2) Where the Board renders a decision with respect to an offender following a review of the offender’s case, it shall
(a) record the decision and the reasons for the decision, and maintain a copy of the decision and reasons for the period prescribed by the regulations; and
(b) provide the offender with a copy of the decision and the reasons for the decision, in whichever of the two official languages of Canada is requested by the offender, within the period prescribed by the regulations.
Marginal note:Registry of decisions
Marginal note:Access to registry
(2) A person who demonstrates an interest in a case may, on written application to the Board, have access to the contents of the registry relating to that case, other than information the disclosure of which could reasonably be expected
(a) to jeopardize the safety of any person;
(b) to reveal a source of information obtained in confidence; or
(c) if released publicly, to adversely affect the reintegration of the offender into society.
(3) Subject to any conditions prescribed by the regulations, any person may have access for research purposes to the contents of the registry, other than the name of any person, information that could be used to identify any person or information the disclosure of which could jeopardize any person’s safety.
(4) Notwithstanding subsection (2), where any information contained in a decision in the registry has been considered in the course of a hearing held in the presence of observers, any person may, on application in writing, have access to that information in the registry.
- 1992, c. 20, s. 144;
- 2012, c. 1, s. 99.
Review and Evidence
Marginal note:Documents admissible
145. A decision, order, warrant or certificate purporting to be signed by a member of the Board or a person designated by the Chairperson of the Board is admissible in any court and is evidence of its contents without proof of the signature or official character of the person appearing to have signed it.
Organization of the Board
Marginal note:Constitution of Appeal Division
146. (1) There shall be a division of the Board known as the Appeal Division, consisting of not more than six full-time members — one of whom shall be designated Vice-Chairperson, Appeal Division — and a number of part-time members designated in both cases by the Governor in Council, on the recommendation of the Minister, from among the members appointed under section 103.
(2) A member of the Appeal Division may not sit on an appeal from a decision in which the member participated.
(3) A member of a panel of the Appeal Division that orders a new review of a case pursuant to subsection 147(4) may not sit on the panel of the Board that reviews the case or on a panel of the Appeal Division that subsequently reviews the case on an appeal.
- 1992, c. 20, s. 146;
- 2012, c. 1, s. 100.
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