Parole: Contributing to Public Safety (Continued)

9. Victims

Q.  How is a victim defined in legislation?

A.  The Corrections and Conditional Release Act (CCRA) defines a victim as someone to whom harm was done or who suffered physical or emotional damage as the result of a crime. The law considers that relatives or legal guardians are victims when the actual victim of the offence has been killed or is unable to respond, e.g. illness or injury caused by the offence.

The same information that can be released to victims may also be given to certain others who satisfy the Chairperson of the National Parole Board or the Commissioner of the Correctional Service of Canada that they suffered harm or physical or emotional damage because of an offender's act, whether or not the offender was prosecuted or convicted for the act. If they have made a complaint to the police or the Crown Attorney, or information was laid under the Criminal Code, they may be given the same information they would receive had the offender been convicted.

Q.  How does someone request information about an offender?

A.  Victims may write to request information from either the National Parole Board or the Correctional Service of Canada. Upon request, NPB or CSC will release specific information to victims.

Because the release of certain information about offenders is limited to victims as defined in the law, the request should clearly identify the offender and the crime committed. If guidance is needed, victims are invited to call the toll-free victim information line at 1-866-789-INFO (4636) or contact any of the offices of the National Parole Board or the Correctional Service of Canada.

Like any member of the public, a victim, or in some cases a victim's family, can request and will receive basic information about an offender, including:

• when the sentence began and the length of the sentence; and,
• the eligibility and review dates of the offender for unescorted temporary absences, day and full parole.

Victims, however, are eligible to receive additional information that is not readily disclosed to the public when the interest of the victim clearly outweighs any invasion of the offender's privacy that could result from the disclosure.

Such information may include:

• the location of the penitentiary in which the sentence is being served;
• the date, if any, on which the offender is to be released on unescorted or escorted temporary absence, work release, parole, or statutory release;
• the date of any hearing for the purposes of a review;
• any of the conditions attached to the offender's unescorted temporary absence, work release, parole, or statutory release;
• the destination of the offender when released on any temporary absence, work release, parole, or statutory release, and whether the offender will be in the vicinity of the victim while traveling to that destination;
• whether the offender is in custody and, if not, why; and,
• whether or not the offender has appealed a decision of the Board, and the outcome of that appeal.

Q.  Is a victim or the family of a victim informed when a person convicted of a crime is granted conditional release?

A.  No, not automatically. This information will be given only upon written request. Some victims prefer to receive no further information on the offender. A victim or a victim's family must ask for information.

Victims may also request to receive ongoing information so they may be informed of changes such as an offender's move from one institution to another, or the grant of a conditional release. If victims want ongoing information, they must ensure that the National Parole Board and Correctional Service of Canada have their current address and telephone number.

Q.  Does the Board consider victim information in conditional release decisions?

A.  Yes. The Board considers information from victims that can help to assess whether an offender's release may pose a risk to society. The Board is interested in information that will assist in assessing the offender's understanding of the effect of the offence and whether that person is likely to re-offend. In cases where the Board must decide whether to detain an offender, information about the harm suffered by victims is critical for the Correctional Service of Canada and the National Parole Board.

Information from victims is also important when it is directly relevant to assessing conditions necessary to manage a particular risk that the offender might present, and to the offender's release plans, especially if the offender will be near the victim or is a member of the victim's family.

Q.  Can a victim present their information in person at a Parole Board hearing?

A.  Yes, victims have a voice at Parole Board hearings. They have the opportunity to present a prepared statement directly to the Board Members about the continuing impact of the crime and any concerns they have for their safety or the safety of the community. A victim may also choose to present his/her statement via audio or video recording.

The Department of Justice’s Policy Centre for Victim Issues (PCVI) administers a Victims Fund, available to registered victims with CSC or NPB who wish to attend hearings of the offender who harmed them. For information and assistance you may call 1-866-544-1007.

Q.  Will information from victims or others be kept confidential?

A.  The National Parole Board and the Correctional Service of Canada are required by law to disclose to the offender any information that will be considered during the decision-making process. Exceptions to this rule are rare; they include situations such as jeopardizing the safety of a person, the security of a correctional institution, or an ongoing investigation. In those cases, a gist of the information may be prepared and shared with the offender. Generally, information cannot be used if it is not disclosed to the offender; however, in extraordinary cases where a gist would connect the information to the source, and jeopardize the person’s safety, the Board can decide to use the information without sharing it in any way.

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