Application and hearing process

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Application and hearing process

Learn about the steps in the Custody Review Board (CRB) application and review process, including what to do before you file an application, how to file an application, and what happens afterwards.

Navigate through the application and hearing process using the tabs.


1. Before you file
2. Filing an application
3. Types of reviews
4. The review process
5. After the review

1. Before you file

Learn about the steps you should take before filing an application with the Custody Review Board (CRB).

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Role of the Custody Review Board

If you are a young person who was charged with an offence that occurred when you were under the age of 18, you can apply to the CRB for:

  • a review of the youth justice placement where you are being held or transferred to,
  • a review of your transfer from a place of open custody to a place of secure custody, or
  • a review of the decision by the Provincial Director to deny your request for a temporary release or reintegration leave from a custody facility.

Most reviews are conducted as inquiries over the phone and are completed within 30 days. The CRB makes a recommendation to the Provincial Director based on whether the facility you are currently in meets your needs.


Deadline for filing an application

You have 30 days to contact the CRB to ask for a review:

  • from the time you are placed in or transferred to a facility, or
  • from the time you receive a Provincial Director’s decision about your placement, transfer, temporary release or reintegration leave.

Accessibility and accommodations requests

The CRB wants to ensure that everyone can participate in its proceedings on an equal basis. If you think you might have problems participating in the CRB application and review process, please let the CRB know right away. The CRB will accommodate Human Rights Code-related needs, which are outlined in the Tribunals Ontario Accessibility and Accommodation Policy .


Language services

French language services

Tribunals Ontario is committed to ensuring that French language services are clearly visible, easily accessible, publicized, and of equivalent quality to services offered in English. Read the French Language Services Policy for more information.

CRB documents and forms are available in both French and English. CRB proceedings can be conducted in English, French or in both languages. If you request a review in French, a bilingual adjudicator will be assigned to your case. If you made your request in English but would prefer to continue in French, please let the CRB know as soon as possible.

Languages other than English or French

The CRB can provide interpreters for languages other than French or English, including sign language. If you need an interpreter, notify the case processing officer when you are completing the application, or as soon as possible afterwards.

All correspondence submitted to the CRB must be in English or French. CRB does not provide translation services, including translating correspondence between English and French.

2. Filing an application

To file an application with the Custody Review Board (CRB), call 416-327-4673 or 1-888-728-8823 and a case processing officer will assist you.

The case processing officer will complete the application with you over the phone by asking you for the following information:

  • your name,
  • your date of birth,
  • the name and telephone number of your facility,
  • whether you are sentenced or detained,
  • whether you want to identify your racial or cultural background to help us assess your needs,
  • the name of the unit within your facility,
  • the name of your primary worker at your facility,
  • the name and phone number of your probation officer, if you have one,
  • the date you were placed or transferred to your current facility or the date you received a decision from a Provincial Director regarding your placement, transfer, temporary release or reintegration leave,
  • the reason you are requesting a review,
  • information about your sentence or your detention, and
  • whether you need an accommodation (alternate arrangements) or interpretation to participate in the review process.

CRB will notify the Provincial Director that you have submitted an application with the CRB.

If your application doesn’t meet the criteria for a review, a CRB adjudicator will phone you to explain why.

3. Types of reviews

The most common type of review is an inquiry. Within 24 hours of the Custody Review Board (CRB) receiving your application, a CRB adjudicator will contact you. As part of the inquiry, the adjudicator will interview you and others who know you and your circumstances. The adjudicator will use the information gathered from these interviews to make a recommendation.

In exceptional circumstances, the CRB may hold a hearing instead of an inquiry. If the CRB decides to hold a hearing, you will be notified within 10 days of contacting the CRB.

4. The review process

During the review, the Custody Review Board (CRB) may ask for information from:

  • the Provincial Director who made the decision,
  • staff from the facility where you are currently placed,
  • staff from the facility where you would like to be transferred, and/or
  • other people who might have helpful information, for example:
    • your probation officer,
    • your parents,
    • your children’s aid worker,
    • your counsellor, and/or
    • your lawyer.

The CRB makes a recommendation to the Provincial Director on whether your current placement is appropriate to meet your needs.


Timing of recommendations

After conducting the review, the CRB will make a recommendation on whether your current placement is appropriate to meet your needs. The recommendation will include a summary of the information that was gathered and reasons for why the CRB decided to make the recommendation.

The recommendation will be provided to you and the Provincial Director within 30 days of the application. The CRB adjudicator who conducted the review will call you to let you know what the recommendation will be before it is sent. The CRB will also fax you the recommendation and ask you to sign a form to show that you received it.


Possible recommendations

The CRB may confirm the Provincial Director’s decision, placement or transfer, or the CRB may recommend to the Provincial Director:

  • that you be transferred to another place,
  • that you be transferred to open custody,
  • that your temporary release be granted, or
  • that your reintegration leave be granted.

The CRB can only make recommendations. This means that the Provincial Director does not have to do what the CRB recommends. For example, even if the CRB recommends you are moved, the Provincial Director can decide to keep you where you are.


Privacy and confidentiality of recommendations

Information about youth in custody or detention is sensitive and confidential. The Youth Criminal Justice Act does not allow personal information about youth in the youth justice system to be published. For these reasons, there are two versions of the CRB recommendation:

  • an official version of the recommendation with all of the information will be sent to you and the Provincial Director, and
  • a second version of the recommendation, which has all your identifying information removed (for example, the name of the facility, and your name and date of birth), may be posted on the Canadian Legal Information Institute (CanLII) website where anyone can read it.
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