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The original version was signed by
The Honourable Vic Toews, P.C., Q.C., M.P.
Minister of Public Safety
The Parole Board of Canada, as part of the criminal justice system, contributes to the maintenance of a just, peaceful and safe society. In pursuing its mandate, the Board's work is grounded in two fundamental principles - a commitment to public safety and to operating in an open and accountable manner to the Canadian public that it serves.
In 2010-11, the Board demonstrated that it continues to meet its important mandate of delivering high-quality conditional release and pardon decisions and clemency recommendations, in support of the safe reintegration of offenders into the community. While following through on its identified plans and priorities, the PBC was also able to effectively support new government priorities in the areas of legislative change, as well as continue with efforts towards improving information services to victims of crime.
Continuing to operate under a challenging and shifting environment, the Board was able to achieve a number of initiatives during 2010-11. These included:
In terms of performance results, in 2010-11 the Board completed almost 17,000 conditional release reviews (federal and provincial offenders). Multi-year data continues to demonstrate that parole contributes to public safety: 94% of all parole releases do not result in a new offence, and 99% do not result in a new violent offence.
In addition, the Board received almost 32,000 new pardon applications, and began to significantly redesign its operations to bring them in line with new legislative requirements as a result of changes to the Criminal Records Act.
The Board also had more than 22,500 contacts with victims, more than 2,300 observers at its hearings, and released more than 5,700 decisions from its decision registry.
These results speak to the great dedication and commitment of our Board members and public service employees, and of our ability as an organization to adapt and innovate in response to our changing environment to ensure that we continue to foster safe and secure communities for Canadians.
Harvey Cenaiko
Chairperson, Parole Board of Canada
The Parole Board of Canada (PBC or "the Board")[1] is an agency within the Public Safety Portfolio, which also includes the Royal Canadian Mounted Police (RCMP), the Canadian Security Intelligence Service (CSIS), the Canada Border Services Agency (CBSA) and the Correctional Service of Canada (CSC).
The Board is an independent administrative tribunal that has exclusive authority under the Corrections and Conditional Release Act to grant, deny, cancel, terminate or revoke day parole and full parole. The PBC may also order (on referral by CSC) that certain offenders be held in prison until the end of their sentence. This is called detention during the period of statutory release. In addition, the Board makes conditional release decisions for offenders in provinces and territories that do not have their own parole boards. Only the provinces of Ontario and Quebec currently have their own parole boards, which make parole decisions for offenders serving sentences of less than two years.
As well, the Board has extensive legislated responsibilities related to openness and accountability. This includes the provision of information and assistance to victims of crime, observers at hearings, access to the PBC's decision registry, and delivery of a program of public information.
The Board is also responsible for making decisions to grant, deny and revoke pardons under the Criminal Records Act (CRA) and the Criminal Code of Canada. A pardon is a formal attempt to remove the stigma of a criminal record for people who, having been convicted of an offence, have satisfied their sentence as well as a specified waiting period, and remained crime free. The Board also makes recommendations for the exercise of clemency through the Royal Prerogative of Mercy(RPM). The Governor General or the Governor in Council approves the use of the RPM for those convicted for a federal offence, following investigations by the Board, and recommendations from the Minister of Public Safety.
Outcomes of the PBC daily work can be found in the annual Performance Monitoring Reports. The report provides performance and statistical information for the past five years for the PBC's two legislatively based programs - conditional release and clemency and pardons.
The Parole Board of Canada, 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.
Our Mission provides clear direction and guidance to Board members and staff for the achievement of excellence in the field of corrections in general and in conditional release and pardons/clemency in particular. It provides guidance for today and a focus to meet the challenges of tomorrow. It also explains to offenders and ex-offenders, to our criminal justice partners, to interest groups, including victims, to Parliament and to the public, who we are, what we stand for, what we do and how we do it.
In making quality conditional release and pardon decisions, as well as recommendations in clemency cases, the Board's primary objective is the long term protection of society. Law-abiding behaviour can best be achieved by timely and supervised conditional release and the effective administration of sentences. During the course of rendering its decisions, the Board is autonomous and independent. However, it is accountable for its actions, by virtue of its guiding legislation, policies and internal framework. The Board is accountable to Parliament and ultimately, to all Canadians.
Achieving the mandate of the PBC is not easy. It involves the safeguarding of two of PBC's most precious values: public safety and personal freedom. "Making the Mission a Reality" therefore is a challenge that becomes the primary responsibility and obligation of all those associated with the Board.
The Mission of the PBC establishes four core values:
As an agency within the Public Safety Portfolio, the PBC works to advance the government's public safety priorities. The Board contributes to these priorities by making quality conditional release and pardon decisions and clemency recommendations that result in the safe reintegration of offenders in the community.
The Parole Board of Canada is an agency within the Public Safety Portfolio. The Board works in partnership with portfolio agencies in pursuit of priorities such as safer communities, but the PBC is unique in many ways. The PBC is headed by a Chairperson who reports to Parliament through Public Safety Canada. The Minister, however, does not have statutory authority to give direction to the Chairperson or other Board members of the PBC in the exercise of their decision-making powers. This structure helps to ensure the PBC's impartiality and the integrity of the parole decision-making process.
The Chairperson of the PBC is a full-time member of the Board and its chief executive officer. The Chairperson directs PBC's program delivery in keeping with government plans and priorities, reports to Parliament through the Minister of Public Safety on the fulfillment of the Board's mandate and is accountable for the effectiveness and efficiency of PBC 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 General of the Board is its senior staff member and chief operating officer. The Executive Director General, in support of the Chairperson, provides leadership for strategic and operational planning, resource management, performance measurement and administration as well as operation of the national office and the regions.
Organization Chart
The Board carries out its responsibilities through its national office in Ottawa, as well as five regional offices across the country (Atlantic, Quebec, Ontario, Prairies, and Pacific).
PBC Locations
Conditional release decisions are made by Board members in the regions. Board members are supported by staff that 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, 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 policy; coordinate Board member training; and deliver a program of public information. As well, the national office provides leadership for policy, strategic and operational planning, resource management, performance monitoring, case reviews and investigations, appeals and an array of internal services.
Consistent with the provisions of the Acts that govern the PBC, Board members are independent in their decision-making responsibilities, and free from interference of any type. As independent decision-makers, Board members are guided by legislation and policy and are responsible for:
The Parole Board of Canada's Strategic Outcome and Program Activity Architecture (PAA), reflect the key aspects of the PBC's legislated responsibilities for conditional release and pardons/clemency, 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 outcome and four program activities.
The following chart illustrates the PBC's complete framework of program activities and program elements, which roll up and contribute to the PBC's single strategic outcome:
The following identifies the key priorities for the PBC during 2010-11, links them to the Board's strategic outcome and program activities and explains how these priorities contributed to progress made toward the strategic outcome.
Priority | Type | Performance Status | Links to Strategic Outcome and/or Program Activity(ies) |
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Effectively fulfilling legislative responsibilities related to quality conditional release decision-making | Ongoing | Overall Status: Met All |
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Effectively fulfilling legislative responsibilities related to open and accountable conditional release processes | Ongoing | Overall Status: Met All |
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Effectively fulfilling legislative responsibilities related to the processing of pardon applications | Ongoing | Overall Status: Met All |
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Strengthening stakeholder and community partnerships | Ongoing | Overall Status: Met All |
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Improving information services for victims | Ongoing | Overall Status: Met All |
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Pursuing strategic excellence in PBC governance | Ongoing | Overall Status: Met All |
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Investing in our people | Ongoing | Overall Status: Met All |
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The PBC works in a challenging environment that demands effective alignment to the Government of Canada's outcome of a safe and secure Canada, and careful assessment of criminal justice issues and community concerns. The Board is expected to rigorously pursue innovation and improvements to meet heavy workload pressures, within the current resource allocation. Public safety remains the Board's primary consideration in all aspects of decision-making policy, training, and operations.
The Board delivers on two statutory responsibilities: conditional release; and pardons and clemency. The PBC also manages a range of internal services that provide critical support for program delivery. The conditional release area is the most complex and accounts for 86% of annual program expenditures (including conditional release and openness and accountability). Program delivery is labour-intensive, with salary costs accounting for approximately 86% of yearly program expenditures. Most of the remaining expenditures cover essential operating costs, such as travel to parole hearings.
Conditional Release
The PBC workloads are shaped by factors beyond its control. Legislation governing the Board (the CCRA) is prescriptive, specifying when and how the Board conducts its business (e.g., when a review is required by law, and when to use hearings). In addition, workloads are driven by the actions of offenders, victims and the community. In concrete terms, this means that the PBC must deal with high workload volumes (i.e., almost 17,000 conditional release reviews for federal and provincial offenders in 2010-11), involving critical issues of public safety, under tight timeframes, amid intense public scrutiny.
The Board must also continue to strengthen its capacity for quality conditional release decision-making to ensure that it responds to recent legislative changes. It must also respond to an increasingly challenging program environment characterized by a higher percentage of offenders with shorter sentences (i.e., sentences between 2-3 years in length), an increasingly difficult federal offender population (e.g., characterized by longer criminal histories, greater prevalence of violence, more gang affiliations, more serious substance abuse problems, and more serious mental health issues), and the growing diversity of the offender population.
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, demand that the Board continue to ensure policies, training and decision processes are reflective of present and future realities. Decision processes such as Elder-assisted hearings for Aboriginal offenders exemplify the PBC's efforts in this area.
The openness and accountability provisions of the CCRA continue to present important challenges for the Board with respect to:
Workloads in these areas have grown exponentially since the introduction of the CCRA in 1992. In 2010-11 for example, the Board had more than 22,500 contacts with victims, over 2,300 observers at hearings, and released more than 5,700 decisions from the decision registry. As with conditional release decision-making, the need for quality program delivery in this area is critical, given its implications for public confidence in corrections and conditional release. Ongoing public scrutiny and media interest in this area make program effectiveness crucial.
The Government is in the process of implementing its plan to tackle crime and strengthen community safety, including measures for reform of sentencing, corrections and conditional release. Effective support for these measures continues to be a focal point for the Board. The Board must manage the workload and cost implications of legislative amendments.
Pardons and Clemency
Recent legislative amendments to the CRA have led to process changes within the pardon program.
On June 29, 2010, Bill C-23A "Limiting Pardons for Serious Crimes Act" came into force, amending the CRA to:
These legislative amendments significantly changed the operations of the Pardons program. Board staff are now required to obtain additional information from applicants, and research and investigate cases that include more in-depth inquiries with criminal justice partners. In addition, Board members require additional time to review cases and to make decisions.
Furthermore, the lengthening of the eligibility period for certain offences as a result of the amendments to the CRA has had direct implications for the Board's Clemency unit. In past years the Clemency Unit typically handled approximately 20 applications a year. Currently, the Unit is managing in excess of 50 active files and dealing with an increase in inquiries as a result of the new legislation. This has led to delays in processing requests for clemency under the Royal Prerogative of Mercy (RPM).
In order to ensure the program can continue to be delivered effectively without affecting budgets devoted to the Board's conditional release program, the Board is seeking to implement a cost-recovery model for the processing of pardon applications.
Strategic Resource Management
The Board must continue to address the need for strategic management of human, financial, information and technology resources to support quality program delivery. The PBC is committed to ensuring a strong, diverse and dynamic workforce that excels in delivering the Board's mandate to Canadians, today and in the years to come.
The Board's human resource challenge has two dimensions:
The first challenge involves Board members who are Governor-in-Council appointments. The CCRA specifies that the Board will comprise no more than 45 full-time members. The Act also provides for the appointment of part-time members to help manage conditional release decision-making workloads. Board members are usually appointed for three year terms. Each year, decision-making workloads require the use of significant numbers of part-time Board members (over the last five years the number has fluctuated between 20 to 25 full-time equivalents). Maintaining sufficient numbers of experienced Board members is a challenge because of the specified terms of appointment. The PBC 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 ongoing training to ensure that Board members have the knowledge they need to apply PBC policies and assess risk in decision-making.
The Board faces another challenge with respect to succession planning with regard to its public service staff. Departures of experienced staff erode corporate memory and diminish critical knowledge of the law, policy, and training. The impact of this is especially acute in a small organization. Board 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 is 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 the automated systems necessary to support effective collection, storage and sharing of information. Additionally the Board must have in place the policies and procedures necessary to ensure effective information management. Progress in these areas will require the assistance of the CSC who is the Board's information technology service provider.
In April 2007, the Commissioner of the CSC and the Chairperson of the Board entered into a Master Service Agreement (MSA) for the provision of IT services at the PBC. CSC agreed to provide future IT services to the PBC in exchange for the transfer of all PBC IT resources (human, financial and physical) to CSC. CSC is responsible for maintaining PBC's IT systems, infrastructure, business applications and corporate applications.
Strategic management of financial resources will also present important challenges. For the foreseeable future, the Board will face complex and growing workload pressures in areas of legislated responsibility. There is also a growing need to address Treasury Board and Public Service Commission monitoring and accountability mechanisms. The Board's resource capacity could be constrained by the need to address these new priorities in a period of restraint in which the focus of the federal government will be on efforts to stimulate economic recovery.
2010-11 Financial Resources ($ thousands)
Planned Spending | Total Authorities | Actual Spending |
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46,407 | 49,665 | 45,995 |
2010-11 Human Resources (full-time equivalent - FTEs)
Planned | Actual | Difference |
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472 | 438 | 34 |
The following tables report back on the indicators and targets from the 2010-11 Report on Plans and Priorities (RPP) to provide information on whether progress on the Board's strategic outcome was achieved as planned.
Performance Summary Tables
Table 1
Strategic Outcome: Conditional release and pardon decisions and decision processes that safeguard Canadian communities | ||
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Performance Indicators | Targets | 2010-11 Performance |
The percentage of parole releases that did not result in a new conviction | Zero (0) re-offending by parolees prior to warrant expiry | 97% of offenders who completed a parole supervision period in 2010-11 did not commit a new offence prior to warrant expiry. |
The percentage of pardon recipients who have not had their pardon revoked | 96% of all pardons awarded remain in force | Since the inception of the pardon program, 96% of pardons awarded have remained in force. |
The percentage of victims who express satisfaction with the information and assistance they receive from the PBC | 90% rate of client satisfaction[2] | In a victim's questionnaire conducted in 2009-10, 11% of respondents said that they were not satisfied with the services they received. |
Table 2
Program Activity | 2009-10 Actual Spending | 2010-11 ($ thousands) | Alignment to Government of Canada Outcomes | |||
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Main Estimates | Planned Spending | Total Authorities | Actual Spending | |||
Conditional Release Decisions | 33,101 | 33,887 | 33,887 | 36,305 | 33,780 | Safe and secure Canada |
Conditional Release Openness and Accountability | 6,973 | 6,071 | 6,071 | 6,537 | 5,693 | Safe and secure Canada |
Pardon Decisions /Clemency Recommendations | 1,429 | 1,449 | 1,449 | 1,853[3] | 2,095[4] | Safe and secure Canada |
Internal Services | 4,675 | 5,000 | 5,000 | 4,970 | 4,427 | |
Total Planned Spending | 46,178 | 46,407 | 46,407 | 49,665 | 45,995 |
In 2010-11, the Board's total authorities, consisting of Main Estimates, subsequent to Supplementary Estimates funding, were $49.7M. This consisted of $43.9 of operating resources and $5.8M for the Employee Benefit Plan (EBP).
Actual expenditures were $45.9M and resulted in a reported Public Accounts lapse of $3.7M. This lapse included $1.7M of frozen allotments that the Board could not spend, therefore resulting in a real lapse of $2.0M. The $2.0M lapse or approximately 4.0% of total authorities indicates that the Board was able to manage its resources successfully for 2010-11.
The Board applied its resources to the four following program areas: Conditional Release Decisions, Conditional Release Openness and Accountability, Pardon Decisions/Clemency Recommendations and Internal Services.
For information on our organizational votes and/or statutory expenditures, please see the 2010-11 Public Accounts of Canada (Volume II) publication. An electronic version of the Public Accounts is available on the Public Works and Government Services Canada website[5].
The Parole Board of Canada has a single strategic outcome:
Conditional release and pardon decisions and decision processes that safeguard Canadian communities.
PBC program activities and priorities are designed to support continuous progress in achieving the strategic outcome. To support this outcome, PBC has four program activities:
The following section describes the PBC's program activities and identifies the expected results, performance indicators and targets for each of them. This section also explains how the PBC plans on meeting the expected results and presents the financial and non-financial resources that will be dedicated to each activity.
Program Activity 1.1: Conditional Release Decisions
2010-11 Financial Resources ($ thousands) | 2010-11 Human Resources (FTEs) | ||||
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Planned Spending | Total Authorities | Actual Spending | Planned | Actual | Difference |
33,887 | 36,305 | 33,780 | 346 | 297 | 49 |
Program Activity Expected Results | Performance Indicators | Targets | Performance Status | Performance Summary |
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Quality conditional release decisions that contribute to public safety | Multi-year information on the number and % of releases on parole that result in a new offence or a new violent offence | Zero (0) re-offending by parolees prior to warrant expiry | Mostly Met |
Over the last ten years, 94% of parole supervision periods were completed without the offender being convicted of a new offence. Over a ten year period, 99% of releases on parole did not result in a conviction for a new violent offence prior to warrant expiry. |
Multi-year information on the number and % of offenders who complete their sentence on full parole and do not re-offend and return to a federal penitentiary | Zero (0) re-offending after warrant expiry by offenders who reach the end of their sentence on full parole | Mostly Met | Over the long-term (10 to 15 years after sentence completion), 90% of offenders who completed their sentences on full parole have not re-offended and returned to a federal penitentiary. |
Program Activity Description and Benefits to Canadians: Conditional release is based on the principle that gradual release to the community, in conjunction with effective programs and treatment, quality assessments of the risk of re-offending and effective community supervision enhances community safety. This program activity supports public safety by providing quality decisions on the timing and conditions of release of offenders into the community. Through this program activity, PBC staff provide timely, and accurate information for Board member decision-making, and develop effective training and policies that are essential tools for quality risk assessment and decision-making. Effectiveness is assessed through monitoring of the outcomes of release on parole. This program activity is directly supported by the following priorities identified for 2010-11:
Performance Analysis
Information on performance demonstrates that the Board achieved the priorities and commitments identified in its Plans and Priorities for 2010-11. In 2010-11, the Board completed almost 17,000 conditional release reviews for federal and provincial offenders.
Multi-year data continues to confirm that parole contributes to public safety. Ninety-four percent (94%) of all parole releases do not result in a new offence, and ninety-nine percent (99%) do not result in a new violent offence.
Information on re-offending after completion of sentence illustrates that 9 of 10 offenders who reach the end of their sentences on full parole do not return to a federal penitentiary.
For more information, please access the Board's Performance Monitoring Reports at: http://pbc-clcc.gc.ca/rprts/rprt-eng.shtml.
Program Activity 1.2: Conditional Release Openness and Accountability
2010-11 Financial Resources ($ thousands) | 2010-11 Human Resources (FTEs) | ||||
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Planned Spending | Total Authorities | Actual Spending | Planned | Actual | Difference |
6,071 | 6,537 | 5,693 | 65 | 57 | 8 |
Program Activity Expected Results | Performance Indicators | Targets | Performance Status | Performance Summary |
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Conditional release processes that ensure that the PBC operates in an open and accountable manner, consistent with the CCRA | Average time required to respond to: requests for information and assistance from victims, requests to observe hearings; and requests for access to PBC's decision registry | Response to requests for information and assistance within 15 working days, on average | Met All | The PBC responded to all requests within an average of less than 15 days. |
Levels of satisfaction of victims, observers, and those who seek access to the decision registry with quality and timeliness of information and assistance provided by PBC | 90% rate of client satisfaction | Met All |
During the spring of 2009, the PBC and CSC developed and conducted a victim's questionnaire in order to examine the extent to which we are currently meeting the information needs of victims. Participants were asked to provide an overall rating for their level of satisfaction with PBC staff. In the questionnaire conducted in 2009-10, 11% of respondents said that they were not satisfied with the services they received. Results of surveys conducted of those who observe hearings, request access to the decision registry as well as victims who contact the PBC indicate that PBC response times are within acceptable ranges. |
Program Activity Description and Benefits to Canadians: This program activity ensures that the PBC operates in an open and accountable manner, consistent with the provisions of the CCRA. This program activity consists of the provision of information for victims of crime; assistance for observers at hearings and those who seek access to the Board's registry of decisions; encouragement of citizen engagement; and performance monitoring and reporting on the release process. Results for this program activity are assessed by monitoring the timeliness of information shared and by selected surveys of those who receive information and assistance from the PBC. Work in this area recognizes that the PBC operates in a difficult environment in which timely sharing of accurate information is fundamental for effective partnerships and public trust.
This program activity is supported directly by PBC's priorities for:
Performance Analysis
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 PBC 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 2010-11, for example, the Board had more than 22,500 contacts with victims, reflecting a 2% increase from 2009-10. As with conditional release decision-making, the need for quality program delivery in this area is critical, given its implications for public confidence in corrections and conditional release. Intense public scrutiny and extensive media interest in this area make program effectiveness crucial. Most of the over 22,500 contacts were with victims of violence, such as sexual assault or with the families of murder victims.
The Board had over 2,300 observers at its hearings in 2010-11, reflecting a 12% increase over the last five years and in 2010-11 victims made 237 presentations at 137 hearings. Most of these were family members of victims of murder (45%) or manslaughter (15%), or the victims of sexual assault (11%). Most of the presentations were made in person (89%), while the rest were on either by audio or video tape, or video conference.
The CCRA permits access to specific decisions and to decisions for research purposes through the Board's registry of decisions. For more information, please see http://pbc-clcc.gc.ca/media/dec-eng.shtml.
In 2010-11, the Board released over 5,700 decisions from its registry of decisions. Victims were the most frequent requestors of decisions (approximately 49%), followed by the media (approximately 33%).
For more information, please access the Board's Performance Monitoring Reports at: http://pbc-clcc.gc.ca/rprts/rprt-eng.shtml.
Program Activity 1.3: Pardon Decisions/Clemency Recommendations
2010-11 Financial Resources ($ thousands) | 2010-11 Human Resources (FTEs) | ||||
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Planned Spending | Total Authorities | Actual Spending | Planned | Actual | Difference |
1,449 | 1,853 | 2,095 | 24 | 38 | (14) |
Program Activity Expected Results | Performance Indicators | Targets | Performance Status | Performance Summary |
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Quality pardon decisions that support rehabilitation and community reintegration | The numbers and rates of revocation/ cessation of pardons | 96% of all pardons awarded remain in force | Met All | Since the inception of the pardon program, 96% of all pardons awarded remain in force. |
The average time required to process pardon applications for cases involving summary convictions and convictions for indictable offences | Adherence to established service standards for processing pardon applications | Somewhat Met |
The pardon program adhered to the established service standards for the first quarter of 2010-11. The established service standards were based on the following average processing times for pardon applications:
As a result of the amendments brought to the CRA in June 2010, the service standards in place prior to the amendments were no longer valid. New service standards, as required under the UFA, will be implemented once a fee reflecting the current costs of processing a pardon application is approved and implemented. While the Board has trained staff and is developing training for Board members, it remains under resourced to fully deliver the Pardons and Clemency programs. Consequently, the Board is facing a backlog of approximately 10,000 pardon applications. Until a new cost recovery user fee is tabled and in force the pardons program remains unsustainable. |
Program Activity Description and Benefits to Canadians: A pardon is designed to recognize the successful reintegration of an individual into society. It is a formal attempt to remove the stigma of a criminal record for people found guilty of a federal offence and who, after satisfying their sentence and a specified waiting period, have shown themselves to be responsible law abiding citizens. Through this program activity, the PBC screens applications for eligibility and completeness, collects information for decision-making and develops policy to guide decision processes. The results of this program are assessed through ongoing review of the average time required to process pardon applications, and the rates of revocation of pardons granted. This program activity is supported by the following priorities:
This program activity is designed to support rehabilitation and community reintegration by providing quality pardon decisions. The benefits of the program include:
The Royal Prerogative of Mercy (RPM) or Clemency is a largely unfettered, discretionary power vested in the Office of the Governor General by virtue of the Letters Patent and the Governor in Council, under sections 748, 748.1 of the Criminal Code of Canada, who may apply exceptional remedies under exceptional circumstances to deserving cases.
The benefit of the program addresses instances of substantial injustice and instances of undue hardship.
Performance Analysis
During the reporting period, the Pardons Division received a total of 31,965 pardon applications and accepted 15,311 for processing. The low acceptance rate was because the majority of these applications did not meet the new requirement to provide information clearly demonstrating how receiving a pardon would provide the applicants with a measurable benefit and sustain their rehabilitation into society as a law abiding citizen.
The Board also had to contend with processing pardon applications received both prior to and after the coming into force of amendments to the CRA. This required that staff move between different statutory requirements, as pardon applications received by the Board before the coming into force of Bill C23-A on June 30, 2010, deemed eligible and complete, were processed under the requirements of the former CRA.
Staff familiar with a legacy system, also had to adapt to processing applications based on new and different methodologies, which caused delays in the processing of pardon applications. The absence of sufficient resources to manage the legislative changes compounded the overall pressures on the Board, and caused delays in the processing of pardon applications. During 2010-11, the government announced its intent to move to a full cost recovery approach for pardon applications. The PBC has commenced the process to increase the user fee which, if approved, will alleviate this pressure. Furthermore, the amended CRA made demonstrating merit on the applicant's part a fundamental component of assessing an application, and also provided more discretion to Board members in their decision-making. As Board staff required training to assess more complex cases according to the new requirements of the CRA, these applications were put aside to be processed once staff had received the necessary training. This resulted in a backlog of approximately 10,000 pardon applications.
During 2010-11, the Clemency program received 31 requests for the RPM and now has 58 active files. The increase in requests is largely attributable to the changes made to the CRA. Most requests are discontinued either because the applicant does not provide sufficient information or proof of excessive hardship to proceed with the request, or the Minister determines that the clemency request does not warrant investigation as the criteria have not been met. Nonetheless, unlike the CRA, the RPM is not based on timelines set in statute but rather on various remedies sought for very exceptional cases. Consequently, an exhaustive assessment of each request is essential in order to provide the Minister with a recommendation. The Clemency program has seen its volumes increase substantially with a corresponding increase in resource demand.
For more information, please access the Board's Performance Monitoring Reports at: http://pbc-clcc.gc.ca/rprts/rprt-eng.shtml.
Program Activity 1.4: Internal Services
2010-11 Financial Resources ($ thousands) | 2010-11 Human Resources (FTEs) | ||||
---|---|---|---|---|---|
Planned Spending | Total Authorities | Actual Spending | Planned | Actual | Difference |
5,000 | 4,970 | 4,427 | 37 | 46 | (9) |
Program Activity Expected Results | Performance Indicators | Targets | Performance Status | Performance Summary |
---|---|---|---|---|
Efficient and effective internal services that support quality program delivery | Performance indicators in this area are under consideration | Performance targets in this area are under consideration | Mostly Met | Progress made towards formalizing and strengthening performance indicators and targets. Mechanisms are in place but work continues to integrate and enhance the use of indicators and targets into the business reporting structure and the PAA. |
Program Activity Description and Benefits to Canadians: This program activity includes the provision of financial, human resource, administration, security and modern management services and provides the basic operational services that enable the Board to function while ensuring compliance to new and existing central agency policies. This program activity is supported by the following priorities:
Internal Services benefits Canadians by enabling the Board to deliver its program activities. Internal Services strives to:
Reporting internal services through a common government-wide approach to planning, designing, budgeting, and reporting allows Canadians to see the full cost and proportion of resources spent at the Board and across the federal government for support activities.
Performance Analysis
Highlights of performance during the year include the following:
For more information, please access the Board's Performance Monitoring Reports at: http://pbc-clcc.gc.ca/rprts/rprt-eng.shtml.
Condensed Statement of Financial Position At March 31, 2011 ($ Thousands) |
% Change | 2010-11 | 2009-10 |
---|---|---|---|
Total assets | (8.7)% | 4,286 | 4,692 |
Total liabilities | (5.2)% | 9,702 | 10,237 |
Equity of Canada | (2.3)% | (5,416) | (5,545) |
Total | (8.7)% | 4,286 | 4,692 |
Condensed Statement of Operations For the year ended March 31, 2011 ($ Thousands) |
% Change | 2010-11 | 2009-10 |
---|---|---|---|
Total expenses | 1.0% | 52,839 | 52,294 |
Total revenues | (8.3)% | 1,162 | 1,267 |
Net cost of operations | 1.3% | 51,677 | 51,027 |
The figure below displays the allocation of PBC funding by program activity for 2010-11.
Close to three-quarters (74%) of the PBC's funding in 2010-11 was allocated to Program Activity 1 (Conditional Release Decisions), 12% was allocated to Program Activity 2 (Conditional Release Openness and Accountability) and 4% was allocated to Program Activity 3 (Pardon Decisions/Clemency Recommendations). In total, the Board's work relating to conditional release accounted for 86% of annual program expenditures. The remaining 10% was dedicated to Internal Services which supports the organization and its activities.
For the Board's 2010-11 Financial Statements, please go to: http://www.pbc-clcc.gc.ca/rprts/dpr/2010/dpr10-eng.shtml.
All electronic supplementary information tables found in the 2010-11 Departmental Performance Report can be found on the Treasury Board of Canada Secretariat website[6].
Regular mail:
Communications Division
410 Laurier Avenue West
Ottawa, Ontario
K1A 0R1
E-mail: info@PBC-CLCC.gc.ca
Parole: Contributing to Public Safety
Vision 2020 - Public Safety, Public Service
Parole Decision-Making: Myths and Realities
Total annual expenditures on travel, hospitality and conferences
[1] PBC was formerly the National Parole Board (NPB) although the legal name continues to be NPB until changed by legislation.
[2] Satisfaction threshold % is based on previous year survey result; to be used as a benchmark for future comparison.
[3] This amount is net of the net voting authority of $980K.
[4] This amount is net of the revenues collected of $838K.
[5] See Public Accounts of Canada 2010, http://www.tpsgc-pwgsc.gc.ca/recgen/txt/72-eng.html.
[6] See 2010-11 Part III - Departmental Performance Reports (DPR): Supplementary Information (Tables), http://www.tbs-sct.gc.ca/dpr-rmr/2010-2011/index-eng.asp.