Resumption of Parole Board of Canada Elder-Assisted Hearings

Date: October 9, 2020
Classification: Unclassified
Branch / Agency: Parole Board of Canada

Proposed Response:

Suspension of Parole Board of Canada Elder-Assisted Hearings

Background:

The Corrections and Conditional Release Act (CCRA) requires that policies adopted by the PBC relating to conditional release reviews are responsive to the needs of various groups of offenders with special requirements, including Indigenous offenders.

Although not specifically provided for in legislation, the PBC provides culturally adapted hearing options for Indigenous offenders and non-Indigenous offenders who are committed to an Indigenous way of life. These offenders can request that their review proceed by way of an Elder-Assisted Hearing. The objective is to create a responsive hearing process for Indigenous offenders, while adhering to the established criteria for decision-making.

The role of the PBC Elder/Cultural Advisor is to provide Parole Board members with information about the specific culture and traditions of the offender’s Indigenous community, and about Indigenous cultures, experiences and traditions in general. The Elder is not involved in making the decision.

Over recent years, the number of Elder-Assisted Hearings has increased steadily. In 2019-2020, the PBC conducted 743 Elder-Assisted Hearings, an increase from 720 in 2018-2019 and 681 in 2017-2018.

Current Status:

Due to the COVID-19 pandemic and limited access to CSC institutions, the PBC is primarily holding all conditional release hearings by videoconference or by teleconference where no video is available.

As a result, the PBC initially suspended Elder-Assisted Hearings until in-person hearings could resume.

As of October 4, 2020, a total of 333 hearings did not proceed as Elder-Assisted Hearings. In 317 of these cases, the offender chose to proceed with a regular hearing, and in 16 cases the offender chose to postpone the hearing.

The PBC’s decision to suspend Elder-Assisted Hearings was criticized in the media, specifically in relation to the lack of cultural and spiritual support provided to Indigenous offenders by the PBC.

As of September 2, 2020, the PBC has implemented risk management frameworks for the safe and gradual resumption of in-person hearings, with the priority being Elder-Assisted Hearings. The frameworks allow flexibility and regional considerations when implementing options, based on the specific circumstances of each case, such as hearing room capacity and number of participants

In cases where in-person hearings are not possible due to an increase in the risk level posed by the COVID-19 pandemic, offenders may choose to proceed with a remote hearing with Elder support, or they may request to postpone their hearing until it becomes possible to conduct an in-person Elder-Assisted Hearing.

As Elder-Assisted Hearings are normally held in a circle, with an Elder performing Indigenous cultural protocols and spiritual ceremonies, the PBC is sensitive to the fact that remote hearings, even with Elder support, may not meet the expectations of some Indigenous offenders or Elders.

The PBC remains committed to offering a culturally adapted and responsive hearing process for Indigenous offenders.

Contacts:

Prepared by: Mark Prieur, Director, Public Affairs and Partnerships – 613-954-6547
Approved by: Harold Massey, A/Executive Director General – 604-870-2462

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