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ONTARIO regulation 151/03

made under the

ministry of correctional services act

Made: April 9, 2003
Filed: April 14, 2003
Printed in The Ontario Gazette: May 3, 2003

Amending Reg. 778 of R.R.O. 1990

(General)

1. Subsection 37 (2) of Regulation 778 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

(2) After considering the request for a temporary absence permit, the Superintendent shall, subject to section 38,

(a) authorize the temporary absence with or without conditions; or

(b) deny the request for a temporary absence.

2. Subsection 38 (4) of the Regulation is revoked and the following substituted:

(4) After considering the request for a temporary absence permit, the Board or member of the Board shall,

(a) authorize the temporary absence with or without conditions; or

(b) deny the request for a temporary absence.

3. The Regulation is amended by adding immediately after the heading “PART II PAROLE” the following section:

40.1 In this Part,

“victim” means,

(a) a victim within the meaning of section 36.1 of the Act who is a victim of an inmate in respect of the offence for which the inmate is seeking parole, and

(b) if the person described in clause (a) is under 16 years of age, includes the person’s parent, within the meaning of section 1 of the Family Law Act, or guardian.

4. Subsection 44 (3) of the Regulation is revoked.

5. The Regulation is amended by adding the following sections:

44.1 A victim of the inmate may make submissions to the Board before it conducts a hearing under subsection 44 (2), in any form that the Board considers appropriate, including written submissions or an interview in person or by telephone or other means of communication with the Board or with a person or persons designated by the chair of the Board.

44.2 (1) A victim of the inmate may apply to the Board if he or she wishes to attend the inmate’s parole hearing.

(2) The Board shall approve a victim’s application unless, based on the advice of the Superintendent of the correctional institution where the hearing is scheduled to take place, the Board determines that,

(a) there is insufficient time before the hearing,

(i) to obtain security clearance for the victim and a person to assist the victim to attend at the correctional institution, or

(ii) to arrange for the hearing to be held in a room that has adequate space for all the persons attending the hearing; or

(b) the security of the correctional institution or the personal safety of any person, including the victim, may be compromised by the victim’s attendance at the hearing. 

(3) If the Board denies a victim’s application to attend a hearing, the victim may request in writing that the chair of the Board review the decision.

(4) Upon receiving a request under subsection (3), the chair or the chair’s delegate shall review the decision and, based on the advice of the supervisor of the Superintendent of the correctional institution where the hearing is scheduled to take place, shall uphold, reverse or amend the original decision of the Board.

(5) If the Board approves a victim’s application to attend a parole hearing, the inmate shall be promptly notified of the fact.

44.3 (1) A victim who has been given permission to attend a hearing may participate in the hearing by making submissions to the Board on,

(a) the effects and impact of the offence at the time of the offence on the victim and on any relative, spouse or same-sex partner of the victim;

(b) the continuing effects and impact of the offence on the victim and on any relative, spouse or same-sex partner of the victim; and

(c) the victim’s and any relative, spouse or same-sex partner of the victim’s recommendations with respect to the granting of parole to the inmate and, if parole is granted, to any conditions that should be attached to the inmate’s parole to protect the victim and the community at large.

(2) A victim may be assisted at an inmate’s parole hearing by any person and in exceptional circumstances, the Board may permit a victim to be assisted at the hearing by more than one person.

(3) A person attending a parole hearing to assist a victim may only participate at the hearing,

(a) by translating for the victim; and

(b) at the discretion of the Board, by speaking on behalf of a victim who has a mental or physical disability that prevents him or her from communicating clearly.

(4) In subsection (1),

“relative” means a person related to the victim by blood, marriage or adoption; (“parent”)

“same-sex partner” and “spouse” have the same meanings as in section 29 of the Family Law Act. (“partenaire de même sexe”, “conjoint”)

44.4 If, at any point during a hearing under subsection 44 (2), the Board is of the opinion that the orderly conduct of the hearing is being disrupted, the Board may,

(a) request that any person, other than the inmate, be excluded from the hearing room for any portion of or the remainder of the hearing; or

(b) adjourn the hearing to another day and specify that any person at the hearing, other than the inmate, not attend the resumed hearing.

44.5 Upon the conclusion of a hearing under subsection 44 (2) and upon consideration of the matters referred to in subsection 44 (1), the submissions of any victims made under section 44.1 or subsection 44.3 (1) and the arguments and submissions of the inmate, the Board may,

(a) grant parole upon such terms and conditions as it considers necessary; or

(b) refuse to grant parole,

and the Board shall notify the inmate of its decision and the reasons for the decision.

6. Subsection 62 (1) of the Regulation is revoked and the following substituted:

(1) In this section,

“victim” means a person who, as a result of the commission of any offence under the Criminal Code (Canada) by another, suffers emotional or physical harm, loss of or damage to property or economic harm and, if the commission of the offence results in the death of the person, includes,

(a) a child or parent of the person, within the meaning of section 1 of the Family Law Act, and

(b) a dependant, spouse or same-sex partner of the person, all within the meaning of section 29 of the Family Law Act,

but does not include a child, parent, dependant, spouse or same-sex partner who is charged with or has been convicted of committing the offence.

7. This Regulation comes into force on the later of the day this Regulation is filed and the day subsection 2 (1) of the Victim Empowerment Act, 2002 comes into force.

 

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