(Disponible en français)
Ontario Parole Board
Tribunals Ontario
15 Grosvenor Street, Ground Floor
Toronto, ON M7A 2G6
OR
Tel.: 416-326-1356
Toll Free Tel.: 1-888-444-0240
Email: OPBregistrar@ontario.ca
Website: https://tribunalsontario.ca
Input from victims of crime is critical to the parole process. This guide is to assist victims and their families in understanding the parole decision process and their role.
A victim is a person who suffers physical, financial or emotional harm as a result of an offence(s). If a victim is under 16 years of age, a parent or guardian can be considered a victim. If a victim is unable to present a statement at a parole hearing (for example: if they are deceased or sick) the following people may represent the victim:
If someone is a child, parent, dependent, or spouse, they are not considered a victim under the law if they are charged or convicted of a crime causing the harm.
The applicant is the person who committed an offence(s) and for whom parole is being considered. In other settings, applicants may be referred to as “offenders” or “inmates.”
Parole is the early release of an applicant from a correctional institution into the community under the supervision of a Probation and Parole Officer (“PPO”).
You should contact the Ministry of the Attorney General’s (“MAG”) Ontario Victim Support Line to discuss a specific applicant. You can determine whether that applicant has a scheduled parole hearing or whether that applicant has been released. You may also call for information on local victim supports and services, or for general information on the criminal justice system.
ONTARIO VICTIM SUPPORT LINE:
Tel.: 416-314-2447
Toll Free Tel.: 1-888-579-2888
You can register with VNS to receive automated voicemail messages whenever there is a change in an applicant’s status, including notification of parole hearings and release from custody. To register with VNS, please contactthe Ministry of the Attorney General’s (“MAG”) Ontario Victim Support Line.
Parole is meant to help with an applicant’s reintegration into society and to decrease the risk that they will reoffend. When an applicant is released on parole, they must follow conditions that the Ontario Parole Board (OPB) imposes. Some conditions are meant to help rehabilitate the applicant and improve their chances of successful reintegration. For instance, the OPB often requires the applicant to attend treatment such as addiction counselling while on parole. Other conditions are meant to protect the victim. For instance, the applicant is often forbidden from contacting the victim or coming within a certain distance of the victim. Other conditions are meant to protect society in general. For instance, the applicant must report to their PPO routinely and often must follow a curfew.
The parole process can provide an applicant with a safer and more successful reintegration in the community through a structured and supervised release.
The purpose of parole supervision is to enhance public safety by:
The OPB is a provincial tribunal that makes parole decisions for applicants serving a sentence of less than two years. The OPB often makes parole decisions following a hearing. Where an applicant has given up their right to a hearing, the OPB makes parole decisions following a review of the applicant’s file, called a Non-Hearing Parole Consideration. Where an applicant has given up their right to parole consideration, the OPB will not hold a parole hearing and will not consider the applicant for parole.
The OPB recognizes the role of victims of crime in the criminal justice system and believes victims play an important role in the parole process.
A parole hearing is a proceeding before the OPB to determine whether an applicant can safely be released from custody back into the community before the natural expiry of their custodial sentence. During the parole hearing, applicants are given an opportunity to tell the OPB why they should be granted parole.
If an applicant has a hearing, it does not mean they will be released on parole. The decision to grant or deny parole is based on a careful review of all relevant information in the applicant’s file, a victim submission if one has been provided, and any other relevant information provided to the OPB, including submissions from the applicant during the hearing.
Parole hearings are held electronically. The applicant attends the hearing by video from the correctional institution where they are serving their sentence. All other hearing participants, including the victim, the members who will make the decision on the application for parole, and any assistants approved to attend, also attend the hearing by video. If the applicant gives up (waives) their right to a hearing, the OPB will consider all relevant information on file and will decide whether the applicant qualifies for parole. If the applicant waives their right to be considered for parole entirely, the OPB will not hold a parole hearing and will not consider the applicant for parole.
A Case Management Officer, also known as a CMO, is a staff member employed by the OPB. The CMO is responsible for case file management, scheduling parole hearings and providing information to victims about the parole process. The CMO will be the person you deal with before and after the hearing.
The CMO will only contact you if you have previously made contact with the OPB. The CMO can answer many of your questions about the parole process.
A victim has the following options to participate at the OPB:
The Victim Submission form is available by contacting the OPBRegistrar@ontario.ca. The CMO can assist a victim with writing a submission.
Victims can choose to turn their camera on or off during the parole hearing. Any other requests for accommodation should be made prior to the hearing.
A victim submission is a written statement describing how the crime continues to affect you and any concerns you have for your safety, the safety of your family, or the safety of the community. You can also tell the OPB if there are any parole conditions you think would keep you, your family, and the community safe, which the OPB will consider.
You can submit a written submission without attending the parole hearing (your written submission will still be considered). You can submit a written submission and read your submission out loud at the parole hearing or in a pre-recorded audio file that you send to the OPB. The written submission must be the same as the oral submission or pre-recorded audio submission.
If you prepared a submission for the court, you could submit the same submission to the OPB or prepare a new submission.
You can present your submission in English or French. Please notify the OPB if you require an interpreter for any other language.
You can attend a parole hearing as a victim without presenting a submission.
IMPORTANT:
Any submission to the Ontario Parole Board (the “Board”), including the victim submission, becomes part of the OPB’s case file and may be shared with the parole applicant.
The submission may also be referred to by the OPB in its decision.
The OPB is required by law to withhold any information from the parole applicant where it believes:
Please note that the parole applicant will not be provided with information such as your address or telephone number.
Sometimes there may be more than one victim of a crime. For example, a child may be a victim, along with their parent or guardian. There may also be more than one victim if the applicant is convicted of more than one offence. Every victim is entitled to make a submission.
You can present a submission in writing, attend the parole hearing and read your written submission out loud, or submit a pre-recorded audio submission where you record yourself reading the written submission. The audio submission must be the exact same content as the written submission. The written or audio submission should not be longer than five minutes (acceptable audio files: mp3). You will have an opportunity to read your written submission word for word at the hearing, or your audio submission will be played at the hearing.
If you do not attend the hearing, the OPB will still consider your written submission and may read it at the hearing.
In your own words, describe how the crime still affects you and any concerns for your safety, the safety of your family, and the safety of the community. You may also include information about the following:
If you plan to attend a hearing to present your submission, contact the OPB at least five business days before the parole hearing. If you do not know the date of the parole hearing, you can still contact the OPB.
A CMO will speak with you about the process for victim participation and provide you with the Victim Application to Attend a Parole Hearing Form. You must receive approval from the OPB to attend the hearing and present a submission.
Yes. You can bring a support person to the hearing. The support person can be a family member, friend, legal representative, religious official, or community member.
The support person will not be allowed to participate in the hearing, but the OPB may allow them to present your submission for you if you cannot do so. A CMO can provide you with information about applying to have a support person at the hearing.
The applicant will attend the hearing by video. The applicant may also have an assistant, such as a family member, lawyer, clergy person, or friend. If the applicant identifies as Indigenous, they may be assisted by an Elder. On some occasions, members of the media or members of the public may attend the hearing as observers if approved by the OPB in advance.
If you have indicated that you would like to attend the parole hearing and have been authorized to do so, the OPB will ask for your opinion as to whether a particular observer should attend.
You will be notified by the CMO if any observer, including the media, will be present.
If the applicant has been granted an in-person hearing based on an accommodation request, the following may apply:
The Ontario Government has created a fund to provide victims with some financial assistance (via refund) to attend parole hearings in Ontario.
For information relating to the fund contact the OPB by calling the CMO at 416-326-1356 or emailing OPBregistrar@ontario.ca.
Applicants who are serving sentences of six months or more are automatically entitled to be considered for parole. Applicants have a right to a parole hearing. However, applicants may give up (waive) their right to a hearing or their right to parole consideration.
If an applicant has given up their right to a hearing, the OPB must still consider whether the applicant should or should not be released on parole. The OPB will make its decision based on the relevant information available. This is called a Non-Hearing Parole Consideration (NHPC).
Victims can participate in the NHPC process by submitting a written submission; they may also submit a pre-recorded audio submission that is the same as the written submission. The written or audio submission should not exceed five minutes (acceptable audio files: mp3).
To make a submission, victims must contact the OPB and ask for a Victim Submission Form.
If an applicant has given up their right to be considered for parole entirely, the OPB will not hold a hearing and will not consider the applicant for parole. Victim participation is not available in this process as the applicant will not be considered for parole.
If you attend the parole hearing, you will know whether parole is granted or denied at the end of the hearing if the OPB decides to make a decision that day. Otherwise, if the OPB decides to take more time to make its decision,or if you do not attend the hearing, the CMO will contact you with the outcome as soon as the applicant is notified. The OPB will only contact you if you have previously made contact with the OPB and indicated that you wish to know the hearing result. This will typically take between 1-5 business days.
You can request through the CMO that a copy of the decision be sent to you (whether or not you attend the parole hearing).
Please note that the OPB will remove any information in a decision that it believes could: