Printer Friendly

OTTAWA – The Canadian Bar Association (CBA) says that changes to the Corrections and Conditional Release Act (CCRA) in Bill C-38, Budget Implementation, 2012, violate s. 7 of the Canadian Charter of Rights and Freedoms and could harm the integrity and transparency of the parole process.

The proposed changes would affect the rights of an individual whose parole is suspended to appear in person before the Parole Board. It is up to the Board to decide whether the offender has parole revoked or is returned to the community.

The CBA says the right to an in-person hearing before the Board is critical to the process. By attending the hearing, the offender whose parole is suspended has the opportunity to learn what the Board members believe the facts to be, to correct them if necessary, and to provide other relevant information.

“Hearing the offender in person is an essential element of a fair process and the Board’s ability to fairly assess the risk to the public,” says Dan MacRury, Chair of the CBA’s National Criminal Justice Section.

The CBA also notes the cost implications. “The measure will not result in cost-savings; rather it will increase the number of persons incarcerated at great expense to Canadian society,” notes the CBA submission.

Along with its specific concerns, the CBA objects to the omnibus style of legislation in Bill C-38. “The significant impact and sweeping nature of the changes, and the quick timeframe for its passage, militate against meaningful comment or debate,” says the CBA letter, available on the CBA website.

The CBA has provided its written submissions on amendments in Bill C-38 to the Investment Canada Act and to the Immigration and Refugee Protection Act to the House of Commons Finance Committee and the Senate National Finance Committee.

The CBA is dedicated to improvement in the law, the administration of justice, and support for the rule of law. Some 37,000 lawyers, law teachers, and law students from across Canada are members.

MEDIA CONTACT: