143. (1) Records of proceedings - Where the Board conducts a review of the case of an offender by way of a hearing, it shall maintain a record of the proceedings for the period prescribed by the regulations. |
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(2) Decisions to be recorded and communicated - Where the Board renders a decision with respect to an offender following a review of the offender's case, it shall |
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| (a) | record the decision and the reasons for the decision, and maintain a copy of the decision and reasons for the period prescribed by the regulations; and |
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| (b) | provide the offender with a copy of the decision and the reasons for the decision, in whichever of the two official languages of Canada is requested by the offender, within the period prescribed by the regulations. |
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| Judicial Consideration - | |||
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Giroux v. Canada (National Parole Board) - (1994), 89 F.T.R. 307 (T.D.) |
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- The requirement to maintain a record of the proceedings extends only to hearings that are held, not to proceedings where the prisoner is entitled to a hearing but does not attend and the Board makes a determination on review of the file. This provision does not require the Board to maintain a verbatim record of all proceedings. Detailed reasons, including objections raised by the legal assistant, provided a sufficient record pursuant to subsection 143(1). |
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144. (1) Registry of decisions - The Board shall maintain a registry of the decisions rendered by it under this Part and its reasons for each such decision. |
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(2) Access to registry - A person who demonstrates an interest In a case may, on written application to the Board, have access to the contents of the registry relating to that case, other than information the disclosure of which could reasonably be expected |
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| (a) | to jeopardize the safety of any person; |
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| (b) | to reveal a source of information obtained in confidence; or |
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| (c) | if released publicly, to adversely affect the reintegration of the offender into society. |
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(3) Idem - Subject to any conditions prescribed by the regulations, any person may have access for research purposes to the contents of the registry, other than the name of any person, information that could be used to identify any person or information the disclosure of which could jeopardize any person's safety. |
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(4) Idem - Notwithstanding subsection (2), where any information contained in a decision in the registry has been considered in the course of a hearing held in the presence of observers, any person may, on application in writing, have access to that information in the registry. |
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