Corrections and Conditional Release Act — C-44.6 140
Mandatory hearings 140 (1) The Board shall conduct the review of the case of an offender by way of a hearing, conducted in whichever of the two official languages of Canada is requested by the offender, unless the offender waives the right to a hearing in writing or refuses to attend the hearing, in the following classes of cases: (a) the first review for day parole pursuant to subsection 122(1), except in respect of an offender serving a sentence of less than two years; (b) the first review for full parole under subsection 123(1) and subsequent reviews under subsection 123(5), (5.01) or (5.1); (c) a review conducted under section 129 or subsection 130(1) or 131(1) or (1.1); (d) a review following a cancellation of parole; and (e) any review of a class specified in the regulations. Discretionary hearing (2) The Board may elect to conduct a review of the case of an offender by way of a hearing in any case not referred to in subsection (1). Dispensing with hearing (3) Notwithstanding subsection (1), in respect of any class of offenders specified in the regulations, the Board may conduct a review referred to in paragraph (1)(a) or (b) without a hearing in order to decide whether (a) to grant parole, subject to the offender’s acceptance in writing of the conditions of parole; or (b) to hold a hearing before the rendering of a decision. Attendance by observers (4) Subject to subsections (5) and (5.1), the Board or a person designated, by name or by position, by the Chairperson of the Board shall, subject to such conditions as the Board or person considers appropriate and after taking into account the offender’s views, permit a person who applies in writing therefor to attend as an observer at a hearing relating to an offender, unless the Board or person is satisfied that (a) the hearing is likely to be disrupted or the ability of the Board to consider the matter before it is likely to be adversely affected by the presence of that person or of that person in conjunction with other persons who have applied to attend the hearing; (b) the person’s presence is likely to adversely affect those who have provided information to the Board, including victims, members of a victim’s family or members of the offender’s family; (c) the person’s presence is likely to adversely affect an appropriate balance between that person’s or the public’s interest in knowing and the public’s interest in the effective reintegration of the offender into society; or (d) the security and good order of the institution in which the hearing is to be held is likely to be adversely affected by the person’s presence. Exclusion of observers (5) Where in the course of a hearing the Board concludes that any of the possible situations described in subsection (4) is likely to exist, it may decide to continue the hearing in the absence of observers or of a particular observer. Attendance by victim or member of their family (5.1) In determining whether to permit a victim or a member of the victim’s family to attend as an observer at a hearing, the Board or its designate shall make every effort to fully understand the need of the victim and of the members of his or her family to attend the hearing and witness its proceedings. The Board or its designate shall permit a victim or a member of his or her family to attend as an observer unless satisfied that the presence of the victim or family member would result in a situation described in paragraph (4)(a), (b), (c) or (d). Attendance not permitted (5.2) If the Board or its designate decides under subsection (5.1) to not permit a victim or a member of his or her family to attend a hearing, the Board shall provide for the victim or family member to observe the hearing by any means that the Board considers appropriate. (6) [Repealed, 2015, 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 off