140. (1) Mandatory hearings - The Board shall conduct the review of the case of an offender by way of a hearing, conducted in whichever of the two official languages of Canada is requested by the offender, unless the offender waives the right to a hearing in writing or refuses to attend the hearing, in the following classes of cases:

the first review for day parole pursuant to subsection 122(1), except in respect of an offender serving a sentence of less than two years;

the first review for full parole pursuant to subsection 123(1), including the review conducted pursuant to subsection 126(4), and subsequent reviews pursuant to subsection 123(5);

a review conducted pursuant to section 129 or subsection 130(1) or 131(1);

a review following a suspension, cancellation, termination or revocation of parole or following a suspension, termination or revocation of statutory release; and

any review of a class specified in the regulations.

         (2) Discretionary hearing - The Board may elect to conduct a review of the case of an offender by way of a hearing in any case not referred to in subsection (1).

         (3) Dispensing with hearing - Notwithstanding subsection (1), in respect of any class of offenders specified in the regulations, the Board may conduct a review referred to in paragraph (1)(a) or (b) without a hearing in order to decide whether

to grant parole, subject to the offender's acceptance in writing of the conditions of parole; or

to hold a hearing before the rendering of a decision.

         (4) Attendance of observers - Subject to subsection (5), the Board or a person designated, by name or by position, by the Chairperson of the Board shall, subject to such conditions as the Board or person considers appropriate and after taking into account the offender's views, permit a person who applies in writing therefor to attend as an observer at a hearing relating to an offender, unless the Board or person is satisfied that

the hearing is likely to be disrupted or the ability of the Board to consider the matter before it is likely to be adversely affected by the presence of that person or of that person in conjunction with other persons who have applied to attend the hearing;

the person's presence is likely to adversely affect those who have provided information to the Board, including victims, members of a victim's family or members of the offender's family;

the person's presence is likely to adversely affect an appropriate balance between that person's or the public's interest in knowing and the public's interest in the effective reintegration of the offender into society; or

the security and good order of the institution in which the hearing is to be held is likely to be adversely affected by the person's presence.

         (5) Exclusion of observers - Where in the course of a hearing the Board concludes that any of the possible situations described in subsection (4) is likely to exist, it may decide to continue the hearing in the absence of observers or of a particular observer.

         (6) Access to information - Where an observer has been present during a hearing, any information or documents discussed or referred to during the hearing shall not for that reason alone be considered to be publicly available for purposes of the Access to Information Act or the Privacy Act.

         (7) Assistance to offender - Where a review by the Board includes a hearing at which the offender is present, the Board shall permit the offender to be assisted by a person of the offender's choice unless the Board would not permit the presence of that person as an observer pursuant to subsection (4).

         (8) Role of assistant - A person referred to in subsection (7) is entitled

to be present at the hearing at all times when the offender is present;

to advise the offender throughout the hearing; and

to address, on behalf of the offender, the members of the Board conducting the hearing at times they adjudge to be conducive to the effective conduct of the hearing.

         (9) Right to interpreter - An offender who does not have an adequate understanding of at least one of Canada's official languages is entitled to the assistance of an interpreter at the hearing and for the purpose of understanding materials provided to the offender pursuant to subsection 141(1) and paragraph 143(2)(b).

[1992, c. 20, s. 140; 1995, c. 42, ss. 55, 69(E). ]

MacInnis v. Canada (Attorney General) - (1996), 109 C.C.C. (3d) 535, 1 C.R. (5th) 144, 139 D.L.R. (4th) 72 F.C.A.

- There is no violation of section 7 Charter rights where a prisoner or their counsel is refused the opportunity to cross examine witnesses at a biennial review of an indeterminate sentence of a dangerous offender.

Costiuc v. Canada - (1999), 43 W.C.B. (2d) 222 (F.C.T.D.), 1999 CanLII 7618 (F.C.)

- There was no breach of procedural fairness, pursuant to s140(9), where the prisoner had indicated initially that French was the preferred language and where the tape of the proceedings showed that there were no difficulties with interpretation and there was no objection to the hearing being conducted in French.

Sowa v. British Columbia - (2000), 47 W.C.B. (2d) 547 (B.C.C.A.), 2000 BCCA 558 (CanLII)

- Where a prisoner refuses to attend the hearing, the National Parole Board does not lose jurisdiction to proceed with the review in their absence.