Public Safety Canada Portfolio Report (2022-2023): Victim Complaint Resolution Mechanisms
Canadian Victims Bill of Rights

Overview

In 2015, the Canadian Victims Bill of Rights (CVBR) was enshrined in law, which identified four statutory rights for victims of crime in the criminal justice system (CJS). Victims have a right to information, protection, participation and to seek restitution (see Appendix A):

The CVBR also provides victims of crime with a way to directly resolve a complaint in a timely manner if they feel that their rights as outlined in the CVBR have been infringed or denied by any department or agency with responsibilities for victims in the CJS.^{Footnote 1} In such cases, victims are advised to submit a complaint to the internal complaint system of that federal department or agency. Otherwise, if a victim has a complaint about a provincial or territorial department or agency, including police, prosecutors, or victim services, they may file a complaint under the laws of the province or territory.

This is the sixth Public Safety Portfolio Report: Victim Complaint Resolution Mechanism since the coming into force of the CVBR. The report includes a brief description of victims' rights, the mandate of Public Safety (PS) and its Portfolio agencies with responsibilities for victims of crime; a statistical overview of CVBR complaints submitted in fiscal year 2022-2023, a summary of complaints received and how they were resolved, and any improvements to complaints processes.

The following report compiles information and summarizes aggregate data with respect to the number and nature of complaints and their resolution.

Section I: Victims' Rights

Who is a victim of crime

The CVBR defines a victim of crime as an individual who has suffered physical or emotional harm, property damage, or economic loss as a result of a crime committed in Canada. All victims can exercise their rights under the CVBR while they are in Canada. Canadian citizens or permanent residents may exercise these rights even if they are outside of Canada, as long as the crime took place in Canada.

The following individuals^{Footnote 2} can exercise a victim's rights if the victim is not able to act on their own behalf:

• a victim's spouse
• a common law partner who has lived with the victim for at least one year prior to the victim's death
• a relative or dependant of the victim; or
• anyone who has custody of the victim or of the victim's dependant

What are the rights of victims of crime

On July 23, 2015, the CVBR came into force enshrining statutory rights^{Footnote 3} for victims of crime.^{Footnote 4}

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The Canadian Victims Bill of Rights gives victims a:

• Right to Information
• Right to Protection
• Right to Participation
• Right to Seek Restitution

How are complaints classified

Throughout this report complaints will be classified as "admissible" when they relate to one of the rights articulated in the CVBR and are within the responsibilities of the department or agency receiving the complaint. If one or both of these criteria are not met, a complaint is deemed to be "inadmissible". In addition, "admissible in part" involves complaints in which several issues are raised, but only some fall within the department/agency's jurisdiction. Similarly, if an issue raised in a complaint is found to have either infringed or denied a victim's right to information, protection, participation or to seek restitution within the responsibilities of the department/agency to whom it has been submitted it will be referred to as "founded". Conversely, if it is determined that a department/agency followed all relevant policy and legislation, a complaint will be referred to as "unfounded". In addition, some agencies may identify complaints as "founded in part", when several issues are raised in the complaint; however, not all of them are considered founded. For a general overview of PS Portfolio complaints processes please see Appendix B.

Section II: Public Safety Portfolio Federal Victim Services

Public Safety Canada^{Footnote 5} (PS) was formed in 2003 to ensure coordination across all federal departments and agencies responsible for national security and the safety of Canadians. PS works with Portfolio agencies to provide strategic advice and support to the Minister of Public Safety on legislation and policies governing federal policing (Royal Canadian Mounted Police), border security (Canadian Border Services Agency), corrections (Correctional Service Canada) and conditional release (Parole Board of Canada), and shares some criminal justice responsibilities with the Minister of Justice, including upholding the rights of victims of crime.

PS and its Portfolio agencies contribute to the mission of building a safe and resilient Canada by working together to provide services to victims of crime. Below is a brief description of how PS and these Portfolio agencies provide services and work to uphold the CVBR rights of victims of crime.

• Public Safety Canada's National Office for Victims^{Footnote 6} (NOV) acts as a central resource working with Portfolio agencies to improve victims' experience with the federal corrections and conditional release system by coordinating and engaging with partners and stakeholders, applying a 'victims' lens on correctional policy development, and developing and disseminating information to help victims better understand and navigate federal corrections and conditional release (e.g., sentence calculation)
• Correctional Service Canada (CSC) provides registered^{Footnote 7} victims with information about the offender(s) who harmed them, as set out in the Corrections and Conditional Release Act (CCRA) (see Appendix C). Registered victims can also submit a Victim Statement, should they choose, for consideration in recommendations and decisions that CSC makes about the offender throughout their sentence. CSC also offers a Correctional Plan Progress Report to victims. This document describes the objectives the offender is expected to work on, and summarizes the offender's progress in meeting those objectives at specific points of their sentence. Lastly, CSC provides general information about restorative justice programs, including CSC's Restorative Opportunities program, which provides victim-offender mediation services
• Parole Board of Canada^{Footnote 8} (PBC) provides registered victims with certain information about the offender who harmed them, as defined in the CCRA. Victim statements are also considered by the Board if one has been submitted to CSC or to PBC directly. These statements can include requests for special conditions to be imposed on an offender's release (i.e., geographical restrictions on non-contact orders). Victims can request to observe a parole hearing, including presenting their victim statement at the hearing; to listen to the audio recording of a hearing; and written decisions from the PBC's Registry of Decisions^{Footnote 9}
• Royal Canadian Mounted Police (RCMP) interacts with victims when responding to calls for service and investigating crime. When doing so, the RCMP provides referrals^{Footnote 10} to provincial or territorial victim service programs and services across Canada, who in turn work to:
  • lessen the impact of crime and trauma on victims and their families while assisting them in their recovery
  • enhance victim safety and help reduce the risk of further victimization; and
  • increase victims' participation in the CJS, and prepare victims acting as witnesses for court proceedings
• Canada Border Services Agency (CBSA) interacts with victims during criminal investigations of offenders under the Immigration and Refugee Protection Act (IRPA), at which point CBSA must consider victims' rights to information, participation and/or protection under the CVBR. In addition, the CCRA allows CSC to notify registered victims when offenders under federal jurisdiction have been removed from Canada (i.e., deported) before their sentence expires.^{Footnote 11} To facilitate this work, the CBSA advises CSC with all relevant removal information

Section III: Victim Complaint Resolution Mechanism

Under the section 25(3) of the CVBR, federal departments and agencies that are involved in the criminal justice system must have a complaints mechanism in place so that victims of crime can have their complaints addressed directly and in a timely manner. These internal complaints mechanisms must have the ability to make recommendations to remedy any infringement or denial of a victim's right. Finally, the CVBR states that the federal department or agency must notify victims of any recommendations that were implemented to remedy the situation. These complaint resolutions mechanisms are tailored to each agency's mandate and internal processes.

Should a victim be dissatisfied with the outcome of their complaint they are advised to follow-up with the independent agency responsible for public complaints. In the case of the RCMP, it is the Civilian Review and Complaints Commission^{Footnote 12} (CRCC) and for most other agencies it is the Office of the Federal Ombudsperson for Victims of Crime (OFOVC) who acts as a second level complaint mechanism to ensure complaints are examined fairly and impartially.

As part of the terms and conditions of the Federal Victim Ombudsperson's employment their mandate is to address complaints of victims about the compliance with the provisions of the CCRA that apply to victims of crimes committed by offenders under federal jurisdiction and to identify and review emerging and systemic issues, including those provided or administered by the Department of Justice or the Department of Public Safety, that impact negatively on victims of crime.

Section IV: Profile of Victim Complaints

In 2022-2023 a total of 38 complaints were received by PS and its Portfolio agencies with CVBR responsibilities (see Table 1 & Figure 1). Of these, the NOV received one complaint that did not fall within the terms of the CVBR and/or was outside of NOV's responsibilities (i.e., inadmissible). The CSC received 15, of which 12 were deemed within the terms of the CVBR and CSC's responsibility (i.e., admissible), while three did not. A total of 10 complaints were received by PBC; two were admissible and eight were not. The RCMP received 12 complaints, four of which were admissible; however one was later withdrawn, one other was inadmissible, and 7 others were received but remain under investigation^{Footnote 13}. To date, the CBSA reports not having received any complaints.

It is important to note that all agencies make efforts to address informal inquiries/concerns as soon as they are brought to their attention and, at times, can be resolved immediately without the need to submit formal complaint.

Of the 38 complaints received 31 were classified. Of those, 18 (58%) were related to one of the rights under the CVBR and fell under the respective agency's responsibilities while 13 others (42%) did not meet one or both of these criteria. See Figure 1 below. In addition, to the 5 complaints reported by the RCMP, 7 others were received but were under investigation at the end of the reporting period.

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The pie graph shows that of all of the complaints received from victims April 2022 to March 2023, across the portfolio, the majority of them (58%) were admissible, while the remaining 42% were inadmissible.

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The graph shows the total number of complaints received each year, and is then broken down showing how many were admissible (larger proportion except in 2019-2020) and how many were Inadmissible.

• 2018-2019: 27 Received; 19 Admissible and 8 Inadmissible
• 2019-2020: 43 Received; 21 Admissible; and 22 Inadmissible
• 2020-2021: 35 Received; 31 Admissible; and 4 Inadmissible
• 2021-2022: 30 Received; 22 Admissible; and 8 Inadmissible
• 2022-2023: 31 Received, 18 Admissible; and 13 Inadmissible

Admissible Complaints (fall within the terms of the CVBR and the department/agency's responsibility)

Once a complaint is received and is determined to be admissible, the responsible department or agency will conduct a further review to determine if the victim's rights have been infringed or upheld. A complaint is considered founded when a victims' right or rights were denied or infringed due to non-compliance with law and/or policy. Founded in part refers to instances where some but not all issues identified in the complaint were found to infringe upon or deny a victims' rights. Conversely, unfounded complaints refer to instances whereby the department or agency is deemed to be compliant with policy and legislation and; therefore, there was no infringement or denial of rights.

Table 2 summarizes the complaints received Portfolio-wide that related to rights under the CVBR and a department's or agency's responsibility. Of the admissible complaints (n=18), 13 related to a victim's Right to Protection, three related to multiple rights and two related a victim's Right to Information.

Figure 3 below illustrates the percentages of complaints that met admissibility criteria by CVBR right in 2022-2023. In 2022-2023, 72% (n=13) of the complaints that were received that were deemed admissible related to a victim's right to protection. The remaining 17% (n=3) of admissible complaints related to multiple rights and 11% (n=2) related to a victim's right to information.

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The graph shows that 72% of the admissible complaints where in regard to the Right to Protection, 17% were about multiple rights of victims, and 11% were in regard to the Right to Information.

Figure 4 below illustrates the fluctuations in complaints that met admissibility criteria by fiscal year. For example, in 2020-2021, the PBC had the largest influx of complaints (n=20). During this period, almost half of those complaints (8 of 20) were related to limited public access to CSC institutions due to the COVID-19 public health restrictions, which resulted in PBC suspending/limiting in-person victim and observer attendance at parole hearings. Also, over time it may appear that the number of CVBR complaints to the RCMP had increased; however, we attribute this to concerted effort by the RCMP to increase rigor in identifying and addressing CVBR complaints.

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The graph shows the number of complaints each year, separated by agency/department.

CSC receives an average of 9 admissible complaints each year, except in 2018-2019 it received 13, in 2021-2022 it received 11 and in 2022-2023 it received 12.

The number of admissible complaints received by PBC each year varies:

In 2017-2018 PBC received 4; 2018-2019 they received 6; in 2019-2020 it increased to 10; 2020-2021 it jumped to 20; but then in 2021-2022 it dropped to only 1; and in 2022-2023 PBC received 2 admissible complaints.

The number of admissible complaints received by the RCMP vary slightly:

In 2017-2018 and in 2018-2019 they did not receive any complaints; in 2019-2020 and 2020-2021 they received 2 complaints each year; in 2021-2022 it jumped to 10; then, in 2022-2023, it dropped to 4 *7 additional complaints were received in 2022 - 2023 but were still under investigation at the end of the reporting period.

PS Complaints Overview

NOV's mandate is to act as a central information resource working to improve victims' experience with the federal corrections and conditional release system. To achieve its mandate, the NOV provides a victim lens on correctional policy development; develops information products for dissemination to victims and the general public; facilitates Portfolio coordination and participates in engagement with victims and their advocates; and considers the unique needs of victims in vulnerable communities. Since 2015, the NOV has disseminated over 90,000 information products to victims and service providers. The NOV's complaints policy applies only to an alleged infringement or denial of rights by the NOV as provided for under the CVBR. The NOV is responsible for complaints concerning general information requested by the complainant about the federal corrections and conditional release system and the role of victims in it. The NOV received one complaint in 2022-2023^{Footnote 15}, which was not within its responsibilities, as the complaint related to the administration of justice and fell within the responsibilities of the provinces/territories. No changes were made to the NOV's CVBR complaint resolution process in 2022-2023.

CSC Complaints Overview

Admissible Complaints

In 2022-2023, CSC received twelve CVBR related complaints, nine of which were responded to that same year. Three of the complaints within the terms of the CVBR and CSC's responsibility were responded to in 2023-2024. The issues raised by victims in these twelve complaints can be summarized as follows:

• Approval of travel permits despite proximity concerns or concerns about/with the duration/frequency with which offenders could travel
• timeliness of sharing offender-related information and the accuracy of that information; and
• consideration of victim concerns within case management processes/decisions

Of the twelve admissible complaints, two were withdrawn by the victims. In each case, CSC discussed the concerns raised in the complaints with the victims, who then chose to withdraw their complaints as they were satisfied with the information provided.

There were areas of non-compliance in three of the twelve admissible complaints. In two founded complaints, the rights to information, participation and protection were infringed, and in a founded in part complaint, the rights to information and participation were infringed, whereas the right to protection was upheld. In all three instances, CSC took measures to address the identified issues.

CSC determined that it had complied with law and policy related to the other seven admissible complaints, and that victims' rights had not been infringed; meaning that they were unfounded.

Inadmissible Complaints

CSC determined that three complaints did not fall within the terms of the CVBR and/or the CSC's responsibility as the concerns raised in the complaints did not represent an infringement of the victims' rights by CSC pursuant to the CVBR. The issues brought forward by the victims related to provincial victim services, an offender's security reclassification, and an inappropriate action by a CSC staff member during a PBC hearing.

Although CSC determined that these complaints did not meet the required conditions for review through CSC's victim complaint process, which are outlined in Commissioner's Directive 786 – Victim Complaints,^{Footnote 16} CSC took a proactive approach in all three instances to help resolve the issues. For the complaint involving provincial victim services, CSC established contact with provincial victim services to connect them with the victim. For the complaint regarding the offender's security reclassification, CSC provided the victim with additional policy information and offered a discussion to explain the security classification review process and help them understand. For the complaint involving an inappropriate action by a CSC staff member, the situation and concerns were discussed with the victim as well as with the CSC staff member, and the victim was provided both a verbal and written apology.

CSC Complaint Process Development

In 2022-2023, similar to previous years, CSC has continued to invest more time and effort in responding to formal victim complaints. CSC engaged more robustly with operational sites and regional Victim Services Units to obtain the information needed to analyze each complaint, determine the findings and make recommendations, when necessary. CSC also invited collaboration from policy holders at National Headquarters, primarily the Reintegration Operations Division, to review/explore policy and training issues and identify potential corrective measures. This approach has yielded more thorough responses to victims and a national review of concerns that are otherwise institutional or regional, to ensure the identified issues/concerns are not systemic across CSC.

Work continues on updates to Commissioner's Directive (CD) 786, Victim Complaints. The amendments will include changes to responsibilities and procedures, an increase in the complaint response timeframe to allow for more thorough consultations, and updated definitions used in the complaint process to ensure findings are clearer.

CSC has simultaneously worked to strengthen their policy framework of the National Victim Services Program to improve service delivery to victims and support CSC's capacity to uphold its mandate pursuant to the CVBR. The main policy for the Program, Commissioner's Directive 784, Victim Engagement^{Footnote 17}, was sent for national consultation in early 2023. The updates will strengthen the consideration of victim information during reviews for some in-custody decisions and for some post-release CSC-authority decisions.

PBC Complaints Overview

Admissible Complaints

The PBC determined that it complied with the law and policy in the two admissible complaints within the terms of the CVBR and PBC's responsibility; therefore, they were deemed to be unfounded.

In relation to these two admissible complaints:

• one complaint related to the conduct of the offender's assistant during a parole hearing; and
• one complaint related to the conduct between a CSC parole officer and offender following the outcome of a hearing

Inadmissible Complaints

The PBC determined that eight complaints did not fall within the terms of the CVBR and/or the PBC's responsibility, as they did not meet the legislative requirements under the CVBR.

Of these eight inadmissible complaints:

• two related to the conduct of Board members during hearings; and
• six related to the outcome conditional release decisions, including special conditions imposed

PBC Complaint Process Developments

In 2023, the PBC conducted a review of its CVBR complaints resolution process. The review included clarifying roles and responsibilities, incorporating direction for complaints that relate to Board member conduct and complaints where collaboration with CSC is required, and reflecting best practices for preparing trauma-informed responses. The revised PBC victim complaint process was implemented as of January 2024.

RCMP Complaints Overview

The RCMP's Victim Services program seeks to increase victim safety and victims' level of participation in the criminal justice system. The RCMP deals with complaints regarding a victim's right to information, protection, participation and the right to seek restitution.

Admissible Complaints

This first admissible complaint contained one allegation of Neglect of Duty related to the right to information. The complainant alleged not being informed on the status of their file. Throughout the process, the complainant decided to withdraw their complaint. Therefore, it was not investigated further.

The second admissible complaint contained an allegation of Neglect of Duty related to the right to information. The complainant alleged their file had been concluded without them being advised. The resulting investigation determined the file was concluded without the complainant's knowledge. The victim's rights were infringed as the victim was not informed accordingly. As a result, remedial actions were taken, and a formal apology was provided to the complainant.

The third admissible complaint contained one allegation of Neglect of Duty related to the right to information and protection. The complainant alleged the member failed to inform them about the protective conditions. The resulting investigation determined that the member named in the complaint was not the member in charge of the file and had no access to the file because the file was restricted. Follow-up with the member in charge indicated they were sorry for the delay in submitting the protective conditions, which was due to the member not having access to the protective conditions. As such, the complaint was deemed to be founded.

The fourth admissible complaint also contained two allegations of Neglect of Duty related to the right to information and right to protection. Firstly, the complainant alleged the member failed to identify themself and/or provide a badge number. However, there is nothing in law or RCMP policy that requires a police officer to verbally identify themselves by name or badge number, but they often do as a matter of courtesy. The resulting investigation determined the complainant never asked for the member's identification, name or badge number. It was also determined the member was wearing their uniform and respected RCMP policy. Therefore, this allegation was dismissed.

Also as part of this complaint, it was alleged that the member did not follow up with the investigation that someone had tampered with the complainant's vehicle. The resulting investigation determined members had attended and verified the complainant's vehicle. The complainant believed a bomb had been placed under their vehicle. The member's investigation revealed there was a missing plastic cover, which is used to hide the towing metal loop inside the bumper. A further look at the hole revealed one could see the radiator. No bomb found. It was determined that the complaint was unfounded.

Inadmissible Complaints

The RCMP received a complaint containing one allegation of Neglect of Duty related to the right to protection. The complainant alleged the member employed witchcraft method and had messed with their computer and phone during the 911 call to dispatch. The resulting investigation determined the member was not involved and the dispatcher was a civilian employee. Therefore, it was deemed inadmissible.

RCMP Complaint Process Developments

In April 2022, the RCMP revised their form to capture all complaints related to the CVBR. A specific box dedicated to the reporting of CVBR-related complaints for investigators and reviewers was added, which has enhanced RCMP identification and reporting capabilities.

As of July 2024, the National Public Complaint Directorate will be able to capture the CVBR-related complaints under the four sub-categories: right to protection, right to information, right to seek restitution, and right to participation. This will further enhance RCMP identification and reporting capabilities.

Appendix A

Under the Corrections and Conditional Release Act (CCRA), victims of crime are entitled to certain information about the offender who harmed them and have the right to convey their views about decisions to be made by authorities in the criminal justice system. Victims of crime have the right to:

Information

• General information about the CJS and the role of victims within it
• Information about available victim services and programs, including restorative justice
• Request information about the status and outcome of the investigation into the offence, the location and timing of proceedings and on the progress and outcomes of their case (including information related to the investigation, prosecution and sentencing)
• Request information with respect to the offender's conditional release (including the timing and conditions thereof); and
• Request information with regard to hearings held for the purpose of dispositions rendered with respect to persons found unfit to stand trial or not criminally responsible (NCR) on account of mental disorder

Protection

• Have both their security and their privacy considered at all stages of the criminal justice process
• Have reasonable and necessary measures taken to protect them from intimidation and/or retaliation
• Request that their identity be protected from public disclosure where they are either a victim or a witness in proceedings related to an offence; and
• Request testimonial aids when appearing as witnesses in proceedings related to an offence

Participation

• Convey their views concerning decisions to be made by criminal justice professionals and to have these views considered at various stages across the criminal justice process
• Present victim impact statements for consideration during sentencing and at hearings where the accused has been deemed unfit or NCR; and
• Present victim statements for consideration by correctional and paroling authorities for the purposes of conditional release hearings

Seek Restitution

• Have the court consider making a restitution order against the offender for all offences for which there are financial losses
• Have the order entered as enforceable civil court judgments against the offender, for those who have not been paid

All victims of crime may exercise their rights under the CVBR while they are in Canada. Canadian citizens or permanent residents may exercise these rights even if they are outside of Canada, as long as the crime took place in Canada.

Appendix B

An Overview of the Public Safety Portfolio Complaints Process under the CVBR.^{Footnote 18}

Step 1 – Complaint submitted and received

A confirmation of receipt is sent to the complainant. If necessary, the victim may be contacted to request additional information before an assessment is made.

Step 2 – Complaint assessed under the terms of the CVBR

A complaint is considered admissible if it meets the definitions and conditions (referred to below as criteria) set out in the CVBR and falls under the organization's mandate.

Criteria for assessing complaints

• Meets Criteria – Founded: Victim’s rights were found to have been infringed or denied
• Meets Criteria – Founded in part: Some, but not all, issues identified in the complaint were found to infringe or deny a victim’s rights
• Meets Criteria Unfounded: The organization followed all relevant policy and legislation
• Does Not Meet Criteria: The complaint is inadmissible

Step 3 – Written response

A written response is sent.

When the assessment is Meets Criteria – Founded, the letter contains:

• results of the complaint
• actions taken, and
• provides relevant referrals

When the assessment is Meets Criteria – Founded in part, the letter contains:

• results of the complaint
• actions taken, and
• provides relevant referrals

When the assessment is Meets Criteria Unfounded, the letter contains:

• results of the complaint and
• provides relevant referrals

When the assessment is Does Not Meet Criteria, the letter contains:

• the complaint does not meet the criteria; and
• provides relevant referrals

Step 4 – Follow-up

Satisfied – The complaint process is completed and the file is closed.

Not Satisfied – Contact information for the Office of the Federal Ombudsperson for Victims of Crime (OFOVC) is provided^{Footnote 19}. The complaint process is completed and the file is closed.

Appendix C

Disclosure of Information to Victims as set out in the Corrections and Conditional Release Act (CCRA) in compliance with the Privacy Act.

Individuals who meet the definition of victim^{Footnote 20} may request and receive information regarding a federal offender in compliance with the CCRA by providing their contact information to either with CSC or PBC, also known as registering. As a trauma-informed practice, victims may provide authorization in writing for someone (e.g., a friend, a member of the community or a service provider) to act as their representative and receive information or notifications from CSC or PBC on their behalf so they can appropriately share the information with the victim. These persons are referred to as victims' representatives.

If requested, a victim or their representative will automatically receive the following information about the offender who harmed them:

• the offender's name
• the offence the offender was convicted of and the court that convicted the offender
• when the sentence began and the length of the sentence; and
• the eligibility and review dates applicable to the offender for temporary absences or parole

More information may be released if the Commissioner of CSC or the Chairperson of PBC or their delegated staff determines that the interest of the victim clearly outweighs an invasion of the offender's privacy that could result from the disclosure; thereby, respecting the Privacy Act (see relevant sections below). In addition, more information may be released, unless there is a risk to institutional or public safety.

Such information may include:

• the offender's age
• the name and location of the penitentiary in which the sentence is being served
• if the offender is transferred, a summary of the reasons for the transfer and the name and location of the penitentiary in which the sentence is being served, including advance notice, whenever possible, of transfers to minimum-security institutions
• notification by CSC of the removal of the offender from Canada under the Immigration and Refugee Protection Act before the expiration of the sentence
• the programs in which the offender is participating or has participated
• the serious disciplinary offences that the offender has committed
• the date of any hearing for the purposes of a PBC review
• whether the offender is in custody and, if not, why
• whether or not the offender has appealed a decision of PBC and the outcome of that appeal; and
• the reason for a waiver of the right to a hearing under subsection 140(1) if the offender gives ones

The following information pertaining to an offender's release may also be disclosed 14 days before the offender's release, unless it is not practicable to do so, by the Chairperson of PBC or the Commissioner of CSC or their delegated staff:

• the date, if any, on which the offender is to be released on temporary absence, work release, parole or statutory release
• any of the conditions attached to the offender's unescorted temporary absence, work release, parole or statutory release and the reasons for any temporary absence; and
• 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 travelling to that destination

Moreover, any changes to this information may be disclosed to the victim.

Relevant Sections of the Privacy Act

The Privacy Act is federal legislation that protects the personal information of Canadians in the hands of the federal government.

Disclosure of personal information

8(1) Personal information under the control of a government institution shall not, without the consent of the individual to whom it relates, be disclosed by the institution except in accordance with this section.

Where personal information may be disclosed

(2) Subject to any other Act of Parliament, personal information under the control of a government institution may be disclosed:

• (a) for the purpose for which the information was obtained or compiled by the institution or for a use consistent with that purpose
• (b) for any purpose in accordance with any Act of Parliament or any regulation made thereunder that authorizes its disclosure
• (m) for any purpose where, in the opinion of the head of the institution
  • the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure, or
  • disclosure would clearly benefit the individual to whom the information relates

Date modified:

2025-08-08