Parole Board of Canada

Decisions

Limitation Periods

- The Decision Making Policy Manual for Board Members

Evidence

• Escorted Temporary Absence

Service Requirements

• Unescorted Temporary Absence

- There are no formal rules of evidence.

• Correctional Service Canada (CSC)

• Day Parole

Scenario

• Full Parole

Hearings

• Statutory Release

• Warrant Expiry Date

Richard Biggs was convicted of armed robbery in October 2013 and sentenced to 10 years in a federal penitentiary. Mr. Biggs has no close family or friends and was homeless at the time of his arrest. Mr. Biggs had suffered from substance abuse issues for many years.

During his incarceration, Mr. Biggs participated in several rehabilitation programs, completed his high school diploma and helped to tutor other inmates. Mr. Biggs has been seeing the correctional facility's psychiatrist on a regular basis and has been taking his prescribed medication for his depression.

Mr. Biggs parole hearing is fast approaching.

What are some mitigating or aggravating factors that you would consider when reviewing Mr. Biggs's parole application? How would you weigh those factors?

- Hearings are held for :

1. The first review of day parole.

2. The first review of full parole.

3. After termination of parole.

4. Review of detention orders.

5. Escorted temporary absences.

6. Unescorted temporary absences.

- Open to members of the public.

Disclosure

- The Board must provide the offender with any information that they may rely on in the review.

- Must be provided 15 days before the day of the review.

- Victims are also entitled to disclosure of information.

Transparency of information

- All Parole Board of Canada Decisions are kept in a registry.

- Decisions available upon request, unless it falls under an exception.

Procedural Rules

Legislation

• Corrections and Conditional Release Regulations

The Appeal Division

• Corrections and Conditional Release Act

• Decision-making Policy Manual for Board Member's

• Criminal Records Act

- 5 grounds for appeal:

1. The Board failed to recognize a principle of fundamental justice.

2. The Board made an error in law.

3. The Board failed to apply a policy.

4. The Board based their decision on false or incomplete information.

5. The Board acted beyond its jurisdiction or without jurisdiction.

• Criminal Records Regulations

• 2012 study published in Criminal Law Quarterly
• 1967 v 2012 Federal Parole Rates, why the change?
• Leopold Dion, Eric Fish, Vincent Lacroix
• Costs of incarceration

Aney v Canada (Attorney General) [2005] FCJ No 228

Application

The Facts

• An application must be submitted to the Parole Board
• Eligibility
• The review will be conducted six months before the offenders date of eligibility

- Aney was imprisoned for rape in 1976. He was designated DSO.

- Downgraded to a DO.

- Granted full parole in 1992, which was suspended in 1995 for deterioration.

- After breaching conditions of his parole (by not attending sex addiction meetings, possessing pornographic material and frequenting escort services), the PBC decided to revoke his parole entirely.

- The Appeal Division upheld the decision of the PBC. Found decision to be sound and considerate, based on risk assessment.

PBC's Right to Suspension/Revocation

Let's take a look at the law that prescribed Mr. Aney's parole revocation....

Aney and Judicial Review

s 107 and s 135 (1) of the CCRA.

Defining Parole

Parolees do have the right to judicial review.

Federal Courts Act, 1985, s 18.1

107 --> Absolute Discretion Given to Board

135 (1) A member of the Board or a person, designated by name or by position, by the Chairperson of the Board or by the Commissioner, when an offender breaches a condition of parole or statutory release or when the member or person is satisfied that it is necessary and reasonable to suspend the parole or statutory release in order to prevent a breach of any condition thereof or to protect society, may, by warrant,

(a) suspend the parole or statutory release;

(b) authorize the apprehension of the offender; and

(c) authorize the recommitment of the offender to custody until the suspension is canceled, the parole or statutory release is terminated or revoked or the sentence of the offender has expired according to law.

S 18.1 (4) of the FCA.

- Full parole:

- Allows an offender to serve part of their sentence in the community.

- Placed under supervision and required to abide by certain conditions.

- Day parole:

- Usually offender will reside in a community residence.

- Can participate in community-based activities.

- Used to prepare for full parole.

Aney Decision at J.R.

Applied a standard of reasonableness....

JUDICIAL REVIEW DISMISSED

The Federal Court may grant relief under subsection (3) if it is satisfied that the federal board, commission or other tribunal:

(a) Acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;

(b) Failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;

(c) Erred in law in making a decision or an order, whether or not the error appears on the face of the record;

(d) Based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it;

(e) Acted, or failed to act, by reason of fraud or perjured evidence; or

(f) Acted in any other way that was contrary to law.

1. There was no error in law or fact.

2. PBC showed no reasonable apprehension of bias.

3. Aney was accurately defined as risk to society.

4. All information was heard.

5. Revocation of parole is NOT a violation of s 7 Charter rights.

6. Indeterminate sentence is NOT cruel and unusual according to s 12 of the Charter.

Parole Board of Canada