Chapter 1 - Information for Decision-Making

In Effect

2022-10-24

Legislative Framework

Corrections and Conditional Release Act, sections 100, 100.1, 101, and 102.

Information Standards

1. Quality conditional release decision-making requires all relevant available information that is reliable and persuasive.
2. As part of their review, Board members will consider all relevant available information and determine whether:
   1. specific risk-relevant information, including source documentation, which could be considered for decision-making, is available;
   2. the information provides an analysis with respect to the offender’s change in behaviour and attitude while incarcerated or in the community;
   3. self-reported information by the offender has been verified;
   4. risk-related information is summarized, including factors that may have an aggravating or mitigating effect on the offender’s risk to re-offend;
   5. the release plan includes a description of the proposed community supervision strategies and an analysis of how these address the offender’s risk factors and needs; and
   6. discordant information has been adequately addressed within the analysis.
3. Board members are responsible for determining the relevance, reliability and persuasiveness of information.
4. Board members will determine whether there is enough information for a risk assessment. If relevant information is missing or incomplete, they will request that correctional authorities provide the information before rendering a decision.
5. In cases where relevant information is not available, the Board may:
   1. postpone the review, at the request of the offender;
   2. adjourn the review, for a period of not more than two months, to obtain the information; or
   3. proceed with the review, in order to meet a legislative or regulatory timeframe.
6. Guidance on adjourning and postponing reviews is provided in policies 10.3 (Adjournments) and 10.4 (Postponements).
7. In cases where historical information is not available, decisions will have to be made on the basis of all relevant available information, including the specific information gathered by correctional authorities and their assessments of the offender while under sentence.

Cross-References

8. Decision-Making Policy Manual

   1.2 Information from Victims
   2.1 Conditional Release Decision-Making
   5.1 Detention
   6.1 Release Conditions
   6.2 Statutory Release – Residency Condition
   6.3 Leave Privileges
   7.1 Post-Release
   8.2 Offenders with a Long-Term Supervision Order
   10.3 Adjournments
   10.4 Postponements

In Effect

2022-10-24

Legislative Framework

Canadian Victims Bill of Rights, sections 9, 10, 11, 14 and 15.

Corrections and Conditional Release Act, sections 2(1), 2(3), 2(4), 23(1), 25(1), 99(1), 101, 132, 133, 134.1(2.1), 140(10), 140(10.1), 140(11), 140(12), 141 and 142(3).

Information from Victims

1. Pursuant to paragraph 101(a) and subsections133(3.1), 134.1(2.1) and 140(10.1) of the Corrections and Conditional Release Act (CCRA), and sections 14 and 15 of the Canadian Victims Bill of Rights, the Board will consider all relevant available information from victims, including victim statements, in order to assess:
   1. the nature and extent of the harm, property damage or loss suffered by the victim and the continuing impact of the commission of the offence on the victim;
   2. the offender’s risk of re-offending if released, including any safety concerns expressed by the victim, or information about threatening or previous violent or abusive behaviour;
   3. the offender’s understanding of the impact of the offence;
   4. the special conditions that are reasonable and necessary in order to protect the victim; and
   5. the offender’s release plan, including carefully assessing possible repercussions when the victim is a family member or was closely associated with the offender, and/or when the release plan will place the offender in close proximity to the victim.
2. In accordance with subsections 133(3.1), 134.1(2.1) and 140(10) of the CCRA, a victim statement may:
   1. describe the harm, property damage, or loss suffered by the victim as a result of the commission or alleged commission of the offence;
   2. describe the continuing impact of the commission of the offence on the victim, including any safety concerns; and
   3. comment on the possible release of the offender.
3. Victim statements must be provided in writing in either of the two official languages, and disclosed to the offender in accordance with Policy 1.4 (Disclosure of Information to Offenders).
4. The Board may withhold portions of a victim statement in accordance with subsection 141(4) of the CCRA.
5. Guidance on withholding information is provided in Policy 1.4 (Disclosure of Information to Offenders).
6. A victim may submit an audio or video recording of their statement that was submitted to the Board in writing, regardless of whether the Board proceeds by way of a hearing or file review.

Release Conditions

7. Pursuant to subsections 133(3.1) and 134.1(2.1) of the CCRA, if a victim has provided a victim statement, the Board will impose any special condition on the unescorted temporary absence (UTA), parole, statutory release or long-term supervision of the offender that it considers reasonable and necessary in order to protect the victim.
8. Pursuant to subsections 133(3.2) and 134.1(2.2) of the CCRA, where a victim has provided a statement to the Board and the Board decides not to impose any conditions to protect the victim on the UTA, parole, statutory release or long-term supervision of the offender, it will provide reasons for the decision.
9. In accordance with subsections 133(3.3) and 134.1(2.3) of the CCRA, if a victim statement has not been provided, nothing precludes the Board from imposing any special condition that it considers reasonable and necessary under subsection 133(3) or 134.1(2) of the CCRA.
10. Guidance on imposing, varying and removing special conditions is provided in Policy 6.1 (Release Conditions).

Presentation of Victim Statements at Hearings

11. Guidance on the presentation of victim statements at hearings is provided in Policy 9.1 (Hearings).

Cross-References

12. Decision-Making Policy Manual

    1.1 Information Standards for Conditional Release Decision-Making
    1.4 Disclosure of Information to Offenders
    2.1 Conditional Release Decision-Making
    6.1 Release Conditions
    7.1 Post-Release
    9.1 Hearings
    9.1.1 Culturally Responsive Hearings
    9.4 Observers at Hearings

13. Correctional Service of Canada Commissioner’s Directive (CD)

    CD 701 Information Sharing

In Effect

2022-10-24

Legislative Framework

Corrections and Conditional Release Act, sections 101, 132(1), 132(1.1) and 132(2).

Psychological Risk Assessments

1. A psychological risk assessment is required for:
   1. temporary absences and pre-release parole reviews involving:
      1. persistent violence;
      2. gratuitous violence;
      3. a sexual offence or sexually motivated offence; a history of a sexual offence or sexually motivated offence; an admission of guilt for a sexually motivated offence without conviction; or reliable information that the offender has committed an offence of a sexual nature, whether or not it resulted in a conviction; or
      4. an offender serving a life or indeterminate sentence, with the exception of escorted temporary absences (ETAs) for compassionate reasons; and
   2. all detention reviews.
2. Unless requested by the Board, a psychological risk assessment is not required for provincial/territorial offenders.
3. A psychological risk assessment is considered valid for a period of two years.
4. Subsequent assessments may be in the form of a new assessment or an update to the previous assessment.
5. A subsequent assessment is required if, within the two-year validity period, the offender engages in violent behaviour that results in new criminal charges or convictions.
6. The policy requirement for a psychological risk assessment may be satisfied by a psychiatric assessment completed for the purpose of a review by the Board, provided that:
   1. the psychiatric assessment includes a risk assessment; and
   2. the two-year validity period is met.
7. In exceptional cases, when a psychological risk assessment required by policy is not available, Board members may proceed with a review if they are satisfied that there is enough relevant available information for a risk assessment.
8. Guidance on information standards for conditional release decision-making is provided in Policy 1.1 (Information Standards for Conditional Release Decision-Making).

Psychiatric Assessments

9. A psychiatric assessment is required in cases where:
   1. a psychologist recommends that an evaluation of the mental illness, disorder or mental capacity of the offender, or an opinion on treatment options, would contribute to the understanding and management of the case; or
   2. psychiatric treatment intervention impacts the offender’s risk to re-offend.
10. For offenders serving a life or indeterminate sentence, at the time of their first conditional release review, with the exception of an ETA for compassionate reasons, the psychological risk assessment will indicate whether:
    1. a psychiatric assessment is recommended and include the reason for the referral; or
    2. a psychiatric assessment is not recommended and include a rationale.

Board Member Requests for Psychological Risk Assessments or Psychiatric Assessments

11. Board members may request a psychological risk assessment in cases where there are concerns related to mental disorder or suicide/self-injury and where existing treatment summaries are not sufficient to assess progress in relation to the offender’s correctional plan or community supervision strategies.
12. In addition, Board members may request a psychological risk assessment or psychiatric assessment if information on the offender’s file leads Board members to determine that the assessment is required for decision-making purposes. This may include, but is not limited to, cases where:
    1. Board members believe the assessment is required based on the characteristics of the offender, the offender’s criminal history or the offence; or
    2. the offender completed a treatment or intervention recommended by a psychologist or a correctional program, and existing treatment summaries/program reports are not sufficient to assess progress.
13. Board members will provide a written rationale for requesting the assessment.
14. In exceptional cases, Board members may request that the Correctional Service of Canada obtain a report from an independent external psychologist or psychiatrist. Board members will provide a written rationale for requesting an external assessment.
15. In cases where an offender obtains a report from an independent external psychologist or psychiatrist, Board members will consider the assessment together with all other relevant available information.

Cross-References

16. Decision-Making Policy Manual

    1.1 Information Standards for Conditional-Release Decision-Making
    2.1 Conditional Release Decision-Making
    3.1 Temporary Absences
    5.1 Detention
    10.3 Adjournments

17. Correctional Service of Canada Commissioner’s Directives (CD)

    CD 705-5 Supplementary Intake Assessment
    CD 712-1 Pre-Release Decision-Making
    CD 800 Health Services

In Effect

2022-10-24

Legislative Framework

Corrections and Conditional Release Act, sections 101, 140(9) and 141.

Process

1. Pursuant to subsection 141(1) of the Corrections and Conditional Release Act (CCRA), all relevant information considered by the Board for decision-making, or a summary of that information, must be provided to the offender, in writing and in the official language requested, at least 15 days before the day of the Board’s review.
2. The date that the information is provided to the offender and the date of the Board’s review are not included in the calculation of the 15-day timeframe.
3. The Correctional Service of Canada (CSC) carries out the disclosure of relevant information with the offender on behalf of the Board.
4. The Board is responsible for confirming that all relevant information considered for decision-making has been provided to the offender in accordance with subsection 141(1) of the CCRA.
5. Relevant information must be provided to the offender in a manner that allows the offender to properly prepare for the Board’s review.
6. Pursuant to subsection 141(2) of the CCRA, relevant information received less than 15 days before a review must be provided to the offender, in writing, as soon as practicable.
7. Where relevant information considered by the Board is in the form of a photograph, video or an audio recording, the offender will be permitted to view the photograph or video or to hear the audio recording in accordance with the timeframes set out in subsections 141(1) and 141(2) of the CCRA. This does not include video or audio recordings of a victim presenting a statement that was previously submitted to the Board and provided to the offender in writing.
8. In accordance with subsection 140(9) of the CCRA, an offender who does not have an adequate understanding of at least one of Canada’s official languages is entitled to the assistance of an interpreter for the purpose of understanding information provided pursuant to subsection 141(1) of the CCRA.
9. Guidance on an offender’s right to the assistance of an interpreter is provided in Policy 9.2 (Interpreters).

Withholding Information from Offenders

10. In accordance with subsection 141(4) of the CCRA, as much information as is strictly necessary may be withheld from the offender where there are reasonable grounds to believe that the information should not be disclosed on the grounds of public interest, or that its disclosure would jeopardize the safety of any person, the security of a correctional institution or the conduct of any lawful investigation.
11. The grounds for determining that the information should be withheld must be convincing and supported with facts. There must be a direct link between the content of the information and the grounds for withholding that information.
12. In cases where one or more of the criteria for withholding relevant information are met, the offender will be provided with as much information as possible without disclosing the information that is considered to meet the specified criteria.
13. In accordance with procedural fairness, Board members will ensure that the offender is provided with enough detail to allow them to know the substance of the information that has been withheld and allow them to respond to the information contained in the document.
14. When a summary (gist) is prepared by CSC, a copy of the summary and the document that formed the basis of the summary must be provided to the Board.
15. Board members must be satisfied that any summary provided to the offender complies with subsection 141(4) of the CCRA.

Decision and Reasons

16. In accordance with paragraph 101(e) of the CCRA, to ensure a fair and understandable process, Board members will document in their reasons for decision:
    1. the grounds for withholding the information pursuant to subsection 141(4) of the CCRA, if applicable; and
    2. that the offender was provided with enough detail to allow them to know the substance of the information that was withheld and to allow them to respond to the information against them.

Cross-References

17. Decision-Making Policy Manual

    1.1 Information Standards for Conditional Release Decision-Making

    1.2 Information from Victims

    9.2 Interpreters

18. Correctional Service of Canada Commissioner’s Directives (CD)

    CD 701 Information Sharing

    CD 712-3 Parole Board of Canada Reviews