PART IIConditional Release, Detention and Long-term Supervision (continued)
Disclosure of Information (continued)
Marginal note:Disclosure of information to victims
142 (1) At the request of a victim of an offence committed by an offender, the Chairperson
(a) shall disclose to the victim the following information about the offender:
(i) the offender’s name,
(ii) the offence of which the offender was convicted and the court that convicted the offender,
(iii) the date of commencement and length of the sentence that the offender is serving, and
(iv) eligibility dates and review dates applicable to the offender under this Part in respect of unescorted temporary absences or parole; and
(b) may disclose to the victim any of the following information about the offender, where in the Chairperson’s opinion the interest of the victim in the disclosure clearly outweighs any invasion of the offender’s privacy that could result from the disclosure, namely,
(i) the offender’s age,
(ii) the location of the penitentiary in which the sentence is being served,
(iii) the date, if any, on which the offender is to be released on unescorted temporary absence, escorted temporary absence where the Board has approved the absence as required by subsection 746.1(2) of the Criminal Code, parole or statutory release,
(iv) the date of any hearing for the purposes of a review under section 130,
(v) any of the conditions attached to the offender’s unescorted temporary absence, parole or statutory release and the reasons for any unescorted temporary absence,
(vi) the destination of the offender when released on unescorted temporary absence, parole or statutory release, and whether the offender will be in the vicinity of the victim while travelling to that destination,
(vii) whether the offender is in custody and, if not, the reason that the offender is not in custody,
(viii) whether or not the offender has appealed a decision of the Board under section 147, and the outcome of that appeal, and
(ix) the reason for a waiver of the right to a hearing under subsection 140(1) if the offender gives one.
(2) Where an offender has been transferred from a penitentiary to a provincial correctional facility, the Chairperson of the Board may, at the request of a victim of an offence committed by the offender, disclose to the victim the name of the province in which the provincial facility is located if in the Chairperson’s opinion the interest of the victim in such disclosure clearly outweighs any invasion of the offender’s privacy that could result from the disclosure.
Marginal note:Disclosure of information to other persons
(3) Subsections (1) and (2) also apply, with such modifications as the circumstances require, to a person who satisfies the Chairperson
(a) that person suffered physical or emotional harm, property damage or economic loss, as the result of an act of an offender, whether or not the offender was prosecuted or convicted for that act; and
(b) that a complaint was made to the police or the Crown attorney, or an information was laid under the Criminal Code, in respect of that act.
(3.1) A victim may designate a representative to whom the information referred to in subsections (1) and (2) is to be disclosed on the victim’s behalf. In that case, the victim shall provide the Chairperson with the representative’s contact information.
Marginal note:Withdrawal of request
(3.2) A victim who has made a request referred to in subsection (1) or (2) may inform the Chairperson in writing that they no longer want the information to be disclosed to them. In that case, the Chairperson shall not contact them or their representative, if any, unless the victim subsequently makes the request again.
Marginal note:Deemed withdrawal of request
(3.3) The Chairperson may consider a victim to have withdrawn a request referred to in subsection (1) or (2) if the Chairperson has made reasonable efforts to contact the victim and has failed to do so.
Marginal note:Other persons
(3.4) Subsections (3.1) to (3.3) also apply, with any necessary modifications, to a person who has satisfied the Chairperson of the matters referred to in paragraphs (3)(a) and (b).
(4) The manner and form of making requests to the Chairperson under subsection (1) or (2), and how those requests are to be dealt with, may be provided for by the regulations.
Marginal note:Designation by Chairperson
(5) In this section, “Chairperson” includes a person or class of persons designated, by name or by position, by the Chairperson.
- 1992, c. 20, s. 142
- 1995, c. 22, s. 13, c. 42, ss. 57, 71(F), 72(F)
- 1997, c. 17, s. 35
- 2012, c. 1, s. 98
- 2015, c. 13, s. 50
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
Marginal note:Copy of decision
144.1 At the request of a victim, or a person referred to in subsection 142(3), the Board shall, despite section 144, provide the victim or person with a copy of any decision rendered by it under this Part or under paragraph 746.1(2)(c) or (3)(c) of the Criminal Code in relation to the offender and its reasons for that decision, unless doing so could reasonably be expected
(a) to jeopardize the safety of any person;
(b) to reveal a source of information obtained in confidence; or
(c) to prevent the successful reintegration of the offender into society.
- 2015, c. 13, s. 51
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
Appeal to Appeal Division
Marginal note:Right of appeal
147 (1) An offender may appeal a decision of the Board to the Appeal Division on the ground that the Board, in making its decision,
(a) failed to observe a principle of fundamental justice;
(b) made an error of law;
(c) breached or failed to apply a policy adopted pursuant to subsection 151(2);
(d) based its decision on erroneous or incomplete information; or
(e) acted without jurisdiction or beyond its jurisdiction, or failed to exercise its jurisdiction.
Marginal note:Decision of Vice-Chairperson
(2) The Vice-Chairperson, Appeal Division, may refuse to hear an appeal, without causing a full review of the case to be undertaken, where, in the opinion of the Vice-Chairperson,
(a) the appeal is frivolous or vexatious;
(b) the relief sought is beyond the jurisdiction of the Board;
(c) the appeal is based on information or on a new parole or statutory release plan that was not before the Board when it rendered the decision appealed from; or
(d) at the time the notice of appeal is received by the Appeal Division, the offender has ninety days or less to serve before being released from imprisonment.
Marginal note:Time and manner of appeal
(3) The time within which and the manner in which a decision of the Board may be appealed shall be as prescribed by the regulations.
Marginal note:Decision on appeal
(4) The Appeal Division, on the completion of a review of a decision appealed from, may
(a) affirm the decision;
(b) affirm the decision but order a further review of the case by the Board on a date earlier than the date otherwise provided for the next review;
(c) order a new review of the case by the Board and order the continuation of the decision pending the review; or
(d) reverse, cancel or vary the decision.
Marginal note:Conditions of immediate release
(5) The Appeal Division shall not render a decision under subsection (4) that results in the immediate release of an offender from imprisonment unless it is satisfied that
(a) the decision appealed from cannot reasonably be supported in law, under the applicable policies of the Board, or on the basis of the information available to the Board in its review of the case; and
(b) a delay in releasing the offender from imprisonment would be unfair.
Head Office and Regions
Marginal note:Head office
148 (1) The head office of the Board shall be located in the National Capital Region as described in the schedule to the National Capital Act, but meetings of the Board or of the Executive Committee of the Board may be held at such times and places as the Chairperson of the Board directs.
Marginal note:Regional offices
(2) The Board shall maintain at least one regional office at a place determined by the Chairperson, after consultation with the Minister, in each of the following regions of Canada, namely, the Atlantic region, Quebec, Ontario, the Prairie region and the Pacific region.
Marginal note:Regional divisions
149 (1) There shall be regional divisions of the Board consisting of the members assigned to them, who shall exercise such functions of the Board, under this or any other Act of Parliament, as are designated by the Chairperson of the Board for a region or, where there is more than one regional office in a region, for the portion of a region designated by the Chairperson.
(2) Full-time members of the Board assigned to a regional division pursuant to subsection 105(3) shall reside within reasonable commuting distance of the office of that division.
(3) Any act or thing done or any decision rendered by a panel of the Board constituted pursuant to subsection 105(6) is, for the purposes of this Part, an act or thing done or a decision rendered by the Board.
150 (1) A full-time member shall be designated by the Governor in Council, on the recommendation of the Minister, to be Vice-Chairperson for each regional division of the Board.
(2) A Vice-Chairperson for a division is responsible to the Chairperson for the professional conduct, training, and quality of decision-making of Board members assigned to that division.
Marginal note:Executive Committee
151 (1) There shall be an Executive Committee of the Board consisting of the Chairperson, the Executive Vice-Chairperson, the Vice-Chairperson, Appeal Division, the regional Vice-Chairpersons and two other members of the Board designated by the Chairperson after consultation with the Minister.
(2) The Executive Committee
(a) shall, after such consultation with Board members as it considers appropriate, adopt policies relating to reviews under this Part;
(b) shall, where requested by the Chairperson, advise the Chairperson on any other matters concerning the functions of the Board or of the Chairperson under this or any other Act of Parliament; and
(c) may direct that the number of members required to constitute a panel for the review of any class of cases shall be greater than the number fixed by the regulations.
Marginal note:Respect for diversity
(3) Policies adopted under paragraph (2)(a) must respect gender, ethnic, cultural and linguistic differences and be responsive to the special needs of women and of Indigenous persons, as well as to the needs of other groups of offenders with special requirements.
(4) Meetings of the Executive Committee shall be chaired by the Chairperson.
- 1992, c. 20, s. 151
- 1995, c. 42, s. 58(F)
- 2019, c. 27, s. 35
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