PART IIConditional Release, Detention and Long-term Supervision (continued)
Review Hearings (continued)
140.2 (1) If a transcript of the hearing has been made, the Board shall, on written request and free of charge, provide a copy to the offender and a copy to the victim or a member of the victim’s family. However, the copy provided to the victim or member of the victim’s family shall not include any portion of the transcript of a part of the hearing that, under subsection 140(5), was or would have been continued in the absence of observers or of a particular observer.
Marginal note:Personal information
(2) The Board may delete from a copy of the transcript any personal information about a person other than the offender, the victim or a member of the victim’s family.
Marginal note:Access to information
- 2015, c. 11, s. 5
Disclosure of Information
Marginal note:Disclosure to offender
141 (1) At least fifteen days before the day set for the review of the case of an offender, the Board shall provide or cause to be provided to the offender, in writing, in whichever of the two official languages of Canada is requested by the offender, the information that is to be considered in the review of the case or a summary of that information.
(2) Where information referred to in subsection (1) comes into the possession of the Board after the time prescribed in that subsection, that information or a summary of it shall be provided to the offender as soon as is practicable thereafter.
Marginal note:Waiver and postponement
(3) An offender may waive the right to be provided with the information or summary or to have it provided within the period referred to in subsection (1). If they waive the latter right and they receive information so late that it is not possible for them to prepare for the review, they are entitled to a postponement and a member of the Board or a person designated by name or position by the Chairperson of the Board shall, at the offender’s request, postpone the review for the period that the member or person determines. If the Board receives information so late that it is not possible for it to prepare for the review, a member of the Board or a person designated by name or position by the Chairperson of the Board may postpone the review for any reasonable period that the member or person determines.
(4) Where the Board has reasonable grounds to believe
(a) that any information should not be disclosed on the grounds of public interest, or
(b) that its disclosure would jeopardize
the Board may withhold from the offender as much information as is strictly necessary in order to protect the interest identified in paragraph (a) or (b).
- 1992, c. 20, s. 141
- 1995, c. 42, s. 56(F)
- 2012, c. 1, s. 97
Marginal note:Disclosure of information to victims
(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
(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
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.
- Date modified: