Victims’ Participation in PBC Hearings during COVID-19
Date: October 9, 2020
Classification: Unclassified
Branch/Agency: Parole Board of Canada
Proposed Response:
- The PBC is committed to ensuring victims' voices are heard and that their rights under the Canadian Victims Bill of Rights are respected during the unprecedented situation created by COVID-19.
- Due to the COVID-19 pandemic and limited access to correctional institutions, the Parole Board of Canada (PBC) is primarily holding all conditional release hearings by videoconference or by teleconference, where applicable.
- The PBC has implemented technological and procedural enhancements to provide victims as an interim measure, the ability to participate in PBC hearings via telephone.
- Registered victims can listen to hearings and present their statements for Board members to consider in their decision-making.
- Since April 22, 2020, the PBC has held a total of 2,854 hearings. In 121 of these, the PBC has facilitated the participation of 245 victims and 67 victim support persons by teleconference.
- The PBC is also working to implement a videoconference system that will allow victims to participate in hearings by video while also protecting private and confidential information discussed at parole hearings.
- By law, Board members must take into account all relevant and available information when forming their decisions, and this includes information or statements provided by victims of crime, no matter what format they are provided in.
- Victims also continue to receive all legislated information to which they are entitled, and may continue to submit information to the PBC about the offender who harmed them. Registered victims can access or submit information at any time through the Victims Portal.
- Victims can also request to listen to the audio recording of certain hearings, as mandated by law. Victims can also request a copy of the written decision through the PBC's Decision Registry.
Resumption of in-person hearings:
- At this time, the majority of PBC hearings continue to be conducted remotely by videoconference or teleconference. However, the PBC is working on a gradual return to in-person hearings, and is currently prioritizing Elder-Assisted Hearings and hearings for offenders who would have difficulty participating in a remote hearing.
In-Office (paper) reviews:
- Parole Board decisions are made either through an in-office file review or through a face-to-face hearing with the offender.
- Approximately 65% of parole reviews conducted by the Parole Board are by way of an in-office file review.
- Every victim has the right to submit a victim statement for consideration by Board members in their decision-making, regardless of whether an offender is being reviewed in person or by a file review.
- The PBC is committed to ensuring victims' voices are heard and that their rights under the Canadian Victims Bill of Rights are respected.
Financial Implications:
- No financial implications.
Victims’ Participation in PBC Hearings
Background:
The Parole Board of Canada (PBC) is committed to the health and safety of the public, offenders, its Board members and staff as it continues to adapt its policies, processes and operations in response to the unprecedented situation created by the COVID-19 pandemic. The PBC continues to review offenders’ cases for conditional release; however, the majority of hearings are being conducted remotely via videoconference or teleconference, as applicable.
These actions align with current advice from public health officials around social distancing and prevention in relation to COVID-19. Limited access to institutions for offender visits has been reinstated, with the exception of the Quebec region. CSC and the PBC have developed measures for limited in-person hearings to resume on a gradual basis.
For approximately a month, at the beginning of the COVID-19 pandemic, the PBC did not have the capacity to facilitate victim attendance at hearings remotely. Victims were contacted in advance of the hearings and offered the opportunity to submit audio, video and/or written statements for Board Members to consider in their decision-making. This situation has now been addressed and the option to attend PBC hearings via telephone is being offered to all registered victims, and the PBC is working to implement a secure videoconferencing system..
Victims registered with the PBC can request to listen to the audio recording of certain hearings, as applicable. They can do so by completing and signing the Victim Request to Listen to Audio Recording of Hearing form, and sending it to their nearest PBC regional office.
Registered victims can also access information from both PBC and CSC at any time through the Victims Portal, a secure online service that provides victims with a simple, quick and secure way to send and receive information from the PBC and the Correctional Service of Canada.
Once registered on the Victims Portal, victims may, among other things:
- Receive/view information about the offender;
- View/manage preferences for receiving information;
- Submit a victim statement to PBC and CSC; and
- Request copies of PBC decisions.
Public safety remains the paramount consideration in all PBC decisions.
Contacts:
Prepared by: Mark Prieur, Director, Public Affairs and Partnerships, 613-954-6547
Approved by: Harold Massey, A/Executive Director General, 604-870-2462
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