Question Period Note: Suspension of Parole Board of Canada Elder-Assisted Hearings

• Due to the COVID-19 pandemic and restricted access to correctional institutions, the Parole Board of Canada (PBC) is currently holding all conditional release hearings by videoconference or by teleconference, where applicable.

• As a result, the PBC has suspended Elder-Assisted Hearings.

• During this time, offenders may choose to proceed with a regular hearing, or may request to postpone the hearing until it becomes possible to conduct an Elder-Assisted Hearing. They may also choose to proceed with an Elder as their assistant at the hearing.

• The PBC is consulting its national network of Indigenous advisors and Elders to explore options for holding remote Elder-Assisted Hearings.

• Given that 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 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.

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 restricted access to institutions, the PBC is currently holding all conditional release hearings by videoconference or by teleconference where no video is available.

As a result, the PBC has suspended Elder-Assisted Hearings until in-person hearings can resume. During this time, offenders may choose to proceed with a regular hearing, or they may request to postpone the hearing until it becomes possible to conduct an Elder-Assisted Hearing. They may also choose to proceed with an Elder as their assistant at the hearing.

As of May 31, 2020, a total of 137 hearings did not proceed as Elder-Assisted Hearings. In 127 of these cases, the offender chose to proceed with a regular hearing, and in 10 cases the offender chose to postpone the hearing.

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

The PBC is exploring options to facilitate Elder-Assisted Hearings virtually when conducting hearings by videoconference or teleconference. Given that 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 may not meet the expectations of some Indigenous offenders or Elders.

Consultations are being undertaken with members of the Chairperson’s Indigenous Circle, an advisory committee on PBC’s Indigenous initiatives, as well as PBC Elders, for insight and recommendations on conducting Elder-Assisted Hearings remotely. A meeting of the Indigenous Circle is scheduled on June 18, 2020 to discuss these issues. Initial feedback indicates that Elder-Assisted Hearings conducted virtually would not be considered spiritually appropriate or supported by Elders.

The PBC remains committed to offering a culturally adapted and responsive hearing process for Indigenous offenders. While considering the feasibility of conducting Elder-Assisted Hearings virtually, the PBC is also working on increasing its technological capacity in order to allow additional attendance at its hearings, including Elders as offender supports.

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