November 27, 2024
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Observing a hearing
Individuals who wish to attend a hearing as an observer must submit an application to the Ontario Parole Board (OPB). This page provides information about the process and making a request.
On this page
Timelines for applying to observe an OPB hearing
It is recommended that an observer application be submitted to the Ontario Parole Board (OPB) at least 15 business days before the hearing date. The OPB may deny a request if there is not enough time to process the observer application prior to the hearing date.
If you are interested in observing a specific parole hearing and would like to know the date, format, and location of the hearing, please email OPBRegistrar@ontario.ca.
Approving or denying an Observer Application
When deciding whether to approve or deny an observer application, the OPB will consider the following factors:
- the views of the Superintendent of the institution where the hearing is being held if the hearing is being held in person
- the victim’s views, if a victim is attending the hearing
- the parole applicant’s views
- the Elder’s views if the parole applicant has requested a Circle Hearing
- whether the observer’s presence might disrupt the hearing process; and
- the reasons for the request to observe
The Ministry of Correctional Services Act emphasizes the need to preserve the confidentiality of information that is presented at OPB hearings and the sources of that information. The following factors will also be considered when determining whether a person should be granted observer status:
- is the matter subject to a publication ban?
- does the matter involve a victim, witness, or offender who is a minor?
- was the offence sexual in nature?
- does the matter involve a confidential informer?
Safety and security
In some cases, observers may not be permitted to observe an in-person hearing for safety or security reasons or if there is insufficient time to arrange the observer’s request for a hearing.
Observers are responsible for providing the OPB with documentation of security clearance (criminal record check) through their local police service. In the case of an in-person hearing, if security clearance is not complete, entry into the institution will be denied.
If an observer is unable to obtain a criminal record check due to Human Rights Code related barriers, approval will be determined on a case-by-case basis.
Ministry of the Solicitor General (SOLGEN) staff and Tribunals Ontario staff already have security clearance for employment purposes and do not need to provide additional documentation when requesting observer status.
Participation
Observers are not permitted to participate in the parole hearing in any way. Observers cannot bring a camera or recording device of any kind to the hearing.
Observers may be asked to leave the hearing if sensitive information is being discussed, or if the observer is disrupting the hearing process.
Observing a Circle Hearing
The OPB is committed to providing culturally-appropriate services to parole applicants who identify as Indigenous. In line with this commitment, the OPB offers Circle Hearings at an applicant’s request. Circle Hearings proceed according to Indigenous cultural protocols.
The Elder is responsible for facilitating the Circle Hearing process. Observers are expected to respect the protocols of a Circle Hearing, as set out by the Elder.
Decisions
If the OPB approves an observer application, the observer will be notified. If the OPB denies an observer application, it will provide written reasons for doing so to the proposed observer. The decision is final, and there is no observer review or appeal at the OPB.
Approval to observe a hearing is specific to that hearing. Requests to observe additional hearings must each be approved separately.
Approval to observe a hearing may be revoked at any time and for any reason, including if the OPB receives new information that may have affected its decision to grant the observer’s application.
Submitting an observer application
To observe an OPB hearing, you must apply by downloading and completing the Request to Observe a Parole Hearing form . The observer application form can be submitted to the OPB by email at OPBRegistrar@ontario.ca or by mail to the following address:
Ontario Parole Board
15 Grosvenor Street, Ground Floor
Toronto, ON
M7A 2G6