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Chairperson’s Message

As part of the criminal justice system, the National Parole Board (NPB or the “Board”) is a key player in the maintenance of a just, peaceful and safe society. Specifically, the Board is expected to make conditional release and pardon decisions that support the safe reintegration of offenders in the community.

In February 2009, the NPB marked its 50^th anniversary. To honour this event, the Board issued a renewed vision statement entitled “Vision 2020 - Public Safety, Public Service”. The work of the Board will be guided by this vision so that we may continue to contribute effectively to public safety and to continue meeting the highest standard of public service. The information presented in the NPB’s 2008-09 Departmental Performance Report (DPR) demonstrates that the Board has made significant progress on our plans for improvement, even though the past year has been very challenging.

The Board operates in a very complex environment, with an ever-changing and more difficult offender profile: offenders with longer criminal histories, greater prevalence of violence, more gang affiliations, and more serious substance abuse and mental health issues. There has also been a shift towards shorter federal prison sentences, which affects our required number of reviews. Innovative and effective decision processes must address the needs of Aboriginal offenders and the increasing number of offenders from ethno-racial communities. The Board has also experienced a sharp increase in the demand for pardons, which required internal adjustments to deal with increased volumes and a backlog of applications.

The government has expressed its dedication to meeting the needs of victims, and the NPB has been working to improve the information services it provides to victims, while working closely with stakeholders and partners to ensure an effective and cohesive service delivery. Internally, the Board also experienced new challenges, including the retirement of many of our executives and long-term employees, and the required transfer of knowledge. In 2008-09, the Board was also chosen to participate in a Strategic Review of its programs. While this exercise presented a significant challenge to the Board given its limited resources, the NPB's report was cited as a best practice by the Treasury Board. The Board has begun to implement the findings of the Review.

Despite these challenges, the Board completed 17,565 conditional release reviews (federal and provincial offenders); 93% of parole releases did not commit a new offence and 99% did not commit a new violent offence. Furthermore, 36,000 new pardons applications were received in 2008-09, but the Board was also able to significantly improve the processing time for a pardon and was able to handle 40,428 applications.

These results speak to the great dedication and commitment of our Board members and public service employees who make significant contributions within the public safety portfolio to foster safe and secure communities for Canadians.

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Section I: Agency Overview

Raison d’être

Responsibilities

The Mission:

The National Parole Board, as part of the criminal justice system, makes independent, quality conditional release and pardon decisions and clemency recommendations. The Board contributes to the protection of society by facilitating, as appropriate, the timely integration of offenders as law-abiding citizens.

The Mission establishes four core values:

• contribution to the attainment of a just, peaceful and safe society;
• respect for the inherent potential and dignity of all individuals and the equal rights of all members of society;
• belief that the contribution of qualified and motivated Board members and staff is essential to promoting the achievement of the Board's Mission; and,
• commitment to openness, integrity and accountability in the execution of our mandate.

As an agency within the public safety portfolio, the NPB strives constantly to advance the government's public safety priorities. The Board contributes to these priorities by making quality conditional release and pardon decisions that result in the safe reintegration of offenders in the community.

The NPB derives its decision-making authority from the Corrections and Conditional Release Act (CCRA), the Criminal Records Act (CRA), and the Criminal Code. The CCRA empowers the Board to make conditional release decisions for federal offenders and offenders in provinces and territories without their own parole boards. In addition, the Board has extensive legislated responsibilities related to openness and accountability, including information and assistance for victims of crime, observers at hearings, access to the NPB's decision registry, and delivery of a program of public information. The CRA authorizes the Board to grant or revoke pardons for convictions under federal acts or regulations. The Governor General or the Governor in Council approves the use of the RPM for those convicted of a federal offence, following investigations by the Board, and recommendations from the Minister of Public Safety.

The Board carries out its responsibilities in five regions (six offices) across the country and in the national office in Ottawa. Conditional release decisions are made by Board members in the regions. Board members are supported by staff who schedule hearings, provide information for decision-making, ensure that information for decision-making is shared with offenders, and communicate conditional release decisions to the offender, Correctional Service of Canada (CSC) representatives and others, as required. Regional staff also provide information to victims, make arrangements for observers at hearings, and manage requests for access to the Board's decision registry. At the national office, Board members make pardon decisions and decisions related to the appeal of conditional release decisions. Staff at the national office deliver the pardons and clemency program, develop conditional release and pardon policies, coordinate Board member training, and deliver a program of public information. As well, the national office provides leadership for strategic and operational planning, resource management, performance monitoring and an array of internal services.

Consistent with the provisions of the Acts that govern the NPB, Board members are independent in their decision-making responsibilities, free from interference of any type. As independent decision-makers, Board members are guided by legislation and policy and are responsible for:

• reviewing all information for consideration in conditional release and pardon cases;
• conducting in-depth analysis of each case, requesting additional information, as necessary, to support quality decision-making;
• assessing the risk and other factors related to cases, voting independently on the disposition of each case, and providing sound, well-documented, written reasons for decisions; and,
• ensuring that hearings are conducted in accordance with the duty to act fairly, with respect for all procedural safeguards.

The Chairperson is a full-time member of the Board and its chief executive officer. The Chairperson directs NPB's program delivery in keeping with government plans and priorities, reports to Parliament through the Minister of Public Safety on the fulfilment of the Board's mandate and is accountable for the effectiveness and efficiency of NPB policy and operations. The Chairperson is assisted in these responsibilities by the Executive Vice-Chairperson, the Vice-Chairperson of the Appeal Division, and the Board's five regional vice-chairpersons. The Executive Director of the Board is its senior staff member and chief operating officer. The Executive Director, in support of the Chairperson, provides leadership for strategic and operational planning, resource management, performance measurement and administration.

Strategic Outcomes and Program Activity Architecture (PAA)

The National Parole Board's Strategic Outcome and Program Activity Architecture (PAA), reflect the key aspects of the NPB's legislated responsibilities for conditional release and pardons, and represent the areas of accountability and performance in which the public and Parliamentarians most frequently express interest. In this context, the Board's strategic outcome is the cornerstone of its public accountability. The PAA includes a single strategic outcome and three operational program activities.

Summary of Performance¹

Program Activity Architecture

The following tables provide a summary of the NPB’s financial and human resources in 2008-09.

2008-09 Financial Resources ($ thousands)

Planned Spending	Total Authorities	Actual Spending
$45,911	$53,355	$48,534

 

2008-09 Human Resources - Full-Time Equivalent (FTEs)

Planned	Actual	Difference
455	426	29

Performance Summary

This table offers a comparison of the Main Estimates, Planned Spending, Total Authorities and Actual Spending for the most recently completed fiscal year, as well historical figures for Actual Spending.

($ thousands)

Program Activity	2007-08 Actual Spending	2008-09				Alignment to Government of Canada Outcomes5
		Main Estimates	Planned Spending2	Total Authorities3	Total Actuals4
Conditional Release Decisions	34,330	36,065	36,065	40,789	38,360	Safe and secure communities6
Conditional Release Openness and Accountability	6,208	8,042	8,042	9,023	7,095
Pardon Decisions / Clemency Recommendations	2,892	1,804	1,804	3,543	3,079
Total	43,430	45,911	45,911	53,355	48,534
Less: Non-respendable revenue	1,483	N/A	800	N/A	1,336
Plus: Cost of services received without charge7	5,064	N/A	5,819	N/A	6,154
Total Departmental Spending	47,055	N/A	50,930	N/A	53,351
Full-time Equivalents	426	N/A	455	N/A	426

Contribution of Priorities to Strategic Outcome

The following identifies the key operational and management priorities for the NPB during 2008-09, their status, and links them to the Board’s strategic outcomes.

Operational Priority	Type	Status	Linkages to Strategic Outcome(s)
Effective management of legislated responsibilities related to quality conditional release decision-making. Key indicators include: Outcomes of release on parole Convictions for violent offences by parolees Post-warrant expiry re-offending of offenders on full parole resulting in return to a federal penitentiary	Ongoing	Status: Successfully met Completion of 17,565 conditional release reviews (federal and provincial offenders), as required by the CCRA. Approximately 93% of parole releases – no new offence 99% of parole releases – no new violent offence 9 in 10 offenders who reach warrant expiry on full parole do not return to a federal penitentiary	Ensures public safety by providing quality decisions on the timing and conditions of release of offenders into the community
Strategic planning to prepare the NPB for response to government announcements to introduce amendments to the CCRA and sentencing practices.	Previously committed	Status: Successfully met The NPB continues to assess proposals for reform of the CCRA, Correctional and Conditional Release Regulations (CCRR) and Criminal Code, including potential impacts on workloads and costs	Supports the development and implementation of measures to enhance public safety
Improved information management in support of the NPB's conditional release responsibilities through development and implementation of the renewal of the Board’s module of the Offender Management System (OMS).	Previously committed	Status: Successfully met The modernization of the NPB's OMS legacy system is underway. The File Management portion is in development and  requirements are being finalized for the Case Management portion	Supports the delivery of quality decisions on the timing and conditions of release of offenders into the community
Effective management of legislated responsibilities related to open and accountable conditional release processes. Key indicators include: Timeliness and quality of information and assistance provided	Ongoing	Status: Successfully met Implementation of: Strengthening Community Safety Initiative (e.g., funding for Regional Communications Officers - RCOs - to assist victims), and the Federal Victims Initiative (e.g., funding for outreach) In 2008-09, the Board had more than 20,000 contacts with victims The Board had 1,904 observers at its hearings in 2008-09, reflecting a 62% increase over the last five years Victims made 192 presentations at 112 hearings	Ensures the NPB operates in an open and accountable manner, consistent with the provisions of the CCRA
Client satisfaction		A new joint NPB/CSC victim questionnaire was developed Results of a similar 2003 survey indicated an overall satisfaction with the quality and timeliness of the information provided by NPB staff
Introduction of measures to provide victims with a more effective voice in conditional release processes.	Previously committed	Status: Successfully met The NPB enhanced victims’ access to the conditional release process by: providing simultaneous interpretation services, improving voice amplification systems in hearing rooms, increased community outreach (including remote northern and Aboriginal communities) Built on partnerships with the Federal Ombudsman for Victims of Crime, and with Victims’ Advisory Committee Provided training on victims issues to RCOs Began examination of the use of videoconferencing to facilitate victims observing hearings	Ensures the NPB operates in an open and accountable manner, consistent with the provisions of the CCRA
Effective management of legislated responsibilities related to the processing of pardon applications. Key indicators include: Average time required to process pardon applications Percentage of pardons revoked annually	Ongoing	Status: Successfully met In 2008-09, the Board received 36,000 pardons applications (and processed 40,428 – to reduce a backlog) Average process time was 3.5 months (significant decrease from previous years) 96% of all pardons awarded remain in force	Supports rehabilitation and community reintegration by providing quality pardon decisions and clemency recommendations

Management Priorities	Type	Status	Linkages to Strategic Outcome(s)
Implementation of a new information systems and technology partnership in which CSC provides the Board’s information systems/technology services.	Previously committed	Status: Successfully met Master Service Agreement began in April 2007 and was re-signed in 2008-09 Priorities established Governance structure developed	Supports the delivery of quality decisions on the timing and conditions of release of offenders into the community
Integrated human resource and business planning to sustain effective program delivery in the midst of anticipated retirement of significant numbers of senior staff at the Board.	Previously committed	Status: Successfully met HR committee was established Intergrated Human Resources/Business plan was developed HR plans developed for each of the Board’s sectors Developed approach for knowledge transfer to address retirement of key personnel (e.g., training, guidelines, briefing books, job shadowing) Monitoring process for staffing processes was developed	Supports the delivery of quality decisions on the timing and conditions of release of offenders into the community

Risk Analysis

The NPB works in a challenging environment that demands effective support for government priorities, careful assessment of criminal justice issues and community concerns in a dynamic public context, and rigorous pursuit of innovation and improvement to meet heavy workload pressures with scarce resources. Public safety remains the Board’s primary concern in all aspects of decision-making policy, training, and operations.

The Board delivers two legislatively based programs: conditional release; and, pardons and clemency. The NPB also manages a range of internal services that provide critical support for program delivery. The conditional release area is, by far, the most complex, accounting for about 90% of annual program expenditures. Program delivery is labour intensive, with salary costs amounting to close to 85% of yearly program costs. Most of the remaining expenditures cover essential operating costs such as travel to parole hearings. In this context, management of heavy and complex workloads within existing budgets, consistent with the principle of public safety, presents a constant challenge.

Conditional Release

Workloads related to conditional release decision-making are driven by factors beyond the NPB’s control. Legislation governing the Board (e.g., the CCRA) is prescriptive, specifying when and how the Board must conduct its business (e.g., when to conduct parole hearings). In addition, workloads are driven by the actions of offenders, victims and the community. In concrete terms, the NPB must deal with high workload volumes, involving critical issues of public safety, in tight timeframes, amid intense public scrutiny. For example, in 2008-09, the Board completed 17,565 conditional release reviews for federal and provincial offenders.

The Board must also continue to deal with growing complexity in conditional release decision-making, as reflected in three important trends. The first is the more difficult federal offender population, characterized by longer criminal histories, greater prevalence of violence, more gang affiliations, more serious substance abuse problems and more serious mental health issues. The second involves the shift toward shorter federal prison sentences. A more difficult offender population with shorter sentences (and less time to benefit from programs) challenges the NPB’s work to assess factors related to safe reintegration in the community. The third trend is the growing diversity in the offender population, as reflected in the continued over-representation of Aboriginal people and the growing numbers of offenders from diverse ethno-racial communities. This trend demands that the Board continue to develop policies, training and decision processes that enable it to collect and assess relevant information related to risk and safe community reintegration for groups of offenders with unique needs and circumstances. Decision processes such as Elder-assisted hearings for Aboriginal offenders exemplify the NPB’s efforts in this area.

The openness and accountability provisions of the CCRA continue to present important challenges for the Board with respect to: sharing information with victims of crime; provision of information and assistance for those who wish to observe NPB hearings or gain access to the Board’s registry of decisions; and delivery of a program of public information. Workloads in these areas have grown exponentially since the introduction of the CCRA in 1992. In 2008-09, the Board had more than 20,000 contacts with victims. As with conditional release decision-making, the need for quality program delivery in this area is critical, given its implications for public safety and public confidence in corrections and conditional release.

The government has announced extensive plans to tackle crime and strengthen community safety, including reform of sentencing, corrections and conditional release. The NPB must continue work to support those initiatives in an effective manner. The Board must manage the workload and cost implications of the provision of mandatory minimum penalties for gun crimes (Tackling Violent Crime Act). The Board must also support more stringent measures for dealing with Dangerous Offenders and offenders serving Long-term Supervision Orders as outlined in the Tackling Violent Crime Act. Proposals to amend the CCRA to introduce an “earned parole” approach would have a profound impact on the Board and, therefore, demand careful analysis and sound planning.

Pardons and Clemency

A drastic increase in the number of pardon applications has created a serious situation for the pardons program. Historically, the Board received 15,000 to 20,000 pardon applications every year. In the past three years, however, application volumes rose sharply, reaching 36,000 in 2008-09. Factors contributing to growth in annual volumes of pardon applications include:

• greater scrutiny by government, private and voluntary sectors of potential employees;
• perceptions by Canadians of the increased value of a pardon for employment, and travel;
• active advertising campaigns by private sector organizations that provide assistance applying for pardons; and
• the increasing number of people eligible to apply for a pardon - the current estimate is 1.5 million people, which grows by 60,000 annually.

Growth in applications resulted in a backlog of pardon applications. The Board worked to clear this backlog and put in place measures to create long-term sustainability for the pardon program. These measures are critical, given the expectation that pardon applications will continue to grow.

Strategic Resource Management

The Board has been addressing, and must continue to address, the need for strategic management of human, financial, information and technology resources to support quality program delivery.

The Board’s human resource challenge has two dimensions. The first involves Board members who are Governor-in-Council appointments. The CCRA specifies that the Board will comprise no more than 45 full-time members who are usually appointed for five years. The Act also provides for the appointment of part-time members to help manage conditional release decision-making workloads. Part-time members are usually appointed for three years. Each year, decision-making workloads require the use of significant numbers of part-time Board members (20 to 30 full-time equivalents).

Maintaining sufficient numbers of experienced Board members is a challenge because of the specified terms of appointment. The NPB must also deal with the reality that, following an initial orientation period of five weeks, newly appointed Board members still require three to six months of additional training and mentoring before they can manage the full scope of their decision-making responsibilities. In this context, the Board must ensure that it recruits sufficient numbers of qualified candidates for consideration for appointment as Board members, and provides effective training to ensure that Board members have the knowledge they need to apply NPB policies and assess risk in decision-making.

The Board faces an equally difficult challenge with respect to its staff. In the last year, a significant number of senior and experienced staff have retired and more will be able to retire shortly. Departures will erode corporate memory and diminish critical knowledge of the law, policy and operations. For the Board, whose members are appointed for specified periods, staff provide the continuity of knowledge and information essential for quality program delivery. For this reason, development of an effective human resource plan for dealing with staff turnover was essential. Timely access to relevant information provides the foundation for quality conditional release and pardon decision-making and ultimately for the Board’s continuing contribution to public safety. In addition, the Board must deal with legislated responsibilities for sharing appropriate information with victims of crime, offenders, other criminal justice agencies, and the public. In this environment, strategic information management is crucial, requiring the Board to have in place the automated systems necessary to support effective collection, storage and sharing of information, as well as the policies and processes necessary to ensure effective information management. Progress in these areas will require the assistance of CSC, because CSC is the Board’s information technology service provider. Effective management of this partnership for service delivery must continue to be a priority for the Board.

Strategic management of financial resources has also presented important challenges. The Board has faced complex and growing workload pressures in areas of legislated responsibility. In 2008-09, the Board also participated in the strategic review process. While this exercise presented a significant challenge to the Board given its limited resources, the NPB's report was cited as a best practice by Treasury Board. The Board must implement measures to reduce planned spending consistent with the strategic review, while ensuring that it retains the capacity to sustain quality in all aspects of program delivery.

Expenditure Profile

In 2008-09, the Board’s total authorities, consisting of Main Estimates, subsequent to Supplementary Estimates funding, were $53.4M. This consisted of $47.9M of operating resources and $5.4M for the Employee Benefit Plan.

Actual expenditures were $43.1M⁸ and resulted in a reported Public Accounts lapse of $4.8M. This lapse included $2.8M of special allotments that the Board could not spend, therefore resulting in a real lapse of $1.9M. The $1.9M lapse or approximately 3.6% of total authorities indicates that the Board was able to manage its resources successfully for 2008-09.

The Board applied its resources to the three following program areas: Conditional Release Decisions, Conditional Release Openness and Accountability and Pardon Decisions/Clemency Recommendations.⁹

Chart: Spending Trends

Resource increases in 2007-08 and 2008-09 are a result of funding received for: the National Accommodations Plan; the transfer of the BC provincial parole functions to the NPB; an increase the Board’s capacity to render parole decisions due to an increased number of provincial offenders sentenced under the Mandatory Minimum Penalties for Serious Drug Offences; compensation for collective agreements; and to improve communications with victims.

Chart: Spending Trends

Voted and Statutory Items

The following table illustrates the way in which Parliament approved NPB resources, and shows the changes in resources derived from supplementary estimates and other authorities.

($ thousands)

Vote or Statutory Item	Truncated Vote or Statutory Wording	2006-07 Actual Spending	2007-08 Actual Spending	2008-09 Main Estimates10	2008-09 Actual Spending11
40	Operating expenditures	38,354	38,306	40,800	43,115
(S)	Contributions to employee benefit plans	4,990	5,118	5,315	5,401
(S)	Refunds of amounts credited to revenues in previous years	1	-	-	-
	Spending of proceeds from the disposal of surplus Crown assets	3	5	-	18
Total		43,346	43,430	45,911	48,534

(S) indicates expenditures the Department is required to make that do not require an appropriation act.

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