Corrections and Conditional Release Act — C-44.6 140
015, c. 13, s. 49] Assistance to offender (7) Where a review by the Board includes a hearing at which the offender is present, the Board shall permit the offender to be assisted by a person of the offender’s choice unless the Board would not permit the presence of that person as an observer pursuant to subsection (4). Role of assistant (8) A person referred to in subsection (7) is entitled (a) to be present at the hearing at all times when the offender is present; (b) to advise the offender throughout the hearing; and (c) to address, on behalf of the offender, the members of the Board conducting the hearing at times they adjudge to be conducive to the effective conduct of the hearing. Right to interpreter (9) 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 at the hearing and for the purpose of understanding materials provided to the offender pursuant to subsection 141(1) and paragraph 143(2)(b). Presentation of statements (10) If they are attending a hearing as an observer, (a) a victim may present a statement describing the harm, property damage or loss suffered by them as the result of the commission of the offence and its continuing impact on them — including any safety concerns — and commenting on the possible release of the offender; and (b) a person referred to in subsection 142(3) may present a statement describing the harm, property damage or loss suffered by them as the result of any act of the offender in respect of which a complaint was made to the police or Crown attorney or an information laid under the Criminal Code , and its continuing impact on them — including any safety concerns — and commenting on the possible release of the offender. Consideration of statement (10.1) The Board shall, in deciding whether an offender should be released and what conditions might be applicable to the release, take into consideration any statement that has been presented in accordance with paragraph (10)(a) or (b). Forms of statement (11) If a victim or a person referred to in subsection 142(3) is not attending a hearing, their statement may be presented at the hearing in the form of a written statement, which may be accompanied by an audio or video recording, or in any other form prescribed by the regulations. Communication of statement in writing (12) A victim or a person referred to in subsection 142(3) shall, before the hearing, deliver to the Board a transcript of the statement that they plan to present under subsection (10) or (11). Audio recording (13) Subject to any conditions specified by the Board, a victim, or a person referred to in subsection 142(3), is entitled, on request, after a hearing in respect of a review referred to in paragraph (1)(a) or (b), to listen to an audio recording of the hearing, other than portions of the hearing that the Board considers (a) could reasonably be expected to jeopardize the safety of any person or reveal a source of information obtained in confidence; or (b) should not be heard by the victim or a person referred to in subsection 142(3) because the privacy interests of any person clearly outweighs the interest of the victim or person referred to in that subsection. Access to information (14) If an observer has been present during a hearing or a victim or a person has exercised their right under subsection (13), any information or documents discussed or referred to during the hearing shall not for that reason alone be considered to be publicly available for purposes of the Access to Information Act or the Privacy Act . 1992, c. 20, s. 140; 1995, c. 42, ss. 55, 69(E); 2011, c. 11, s. 6; 2012, c. 1, s. 96, c. 19, s. 527; 2015, c. 11, s. 4, c. 13, s. 49 2019, c. 27, s. 34