Application and hearing process
Learn about the steps in the Custody Review Board (CRB) application and review process.
Navigate through the application and hearing process using the tabs.
1. Before you file
Learn about the steps to take before filing an application with the Custody Review Board (CRB).
On this page
Role of the Custody Review Board
If you are a youth in custody charged with an offence that occurred when you were under 18, you can apply to the CRB for:
- a review of the youth justice placement where you are being held or transferred to
- a review of your transfer from a place of open custody to a place of secure custody
- a review of the decision by the Provincial Director to deny your request for a temporary release or reintegration leave.
Most reviews are conducted as inquiries over the phone and are completed within 30 days. The CRB makes a recommendation to the Provincial Director based on whether your current facility meets your needs.
Deadline for filing an application
You have 30 days to contact the CRB to ask for a review:
- from the time you are placed in or transferred to a facility, or
- from the time you receive a Provincial Director’s decision about your placement, transfer, temporary release or reintegration leave.
Accessibility and accommodations requests
The CRB wants to ensure that everyone can participate in its proceedings on an equal basis. If you think you might have problems participating in the CRB application and review process, please let the CRB know right away. The CRB will accommodate Human Rights Code-related needs, outlined in the Tribunals Ontario Accessibility and Accommodation Policy .
Language services
French language services
Tribunals Ontario is committed to ensuring that French language services are clearly visible, easily accessible, publicized, and of equivalent quality to services offered in English. Read the French Language Services Policy for more information.
CRB documents and forms are available in both French and English. CRB proceedings can be conducted in English, French or in both languages. If you request a review in French, a bilingual adjudicator will be assigned. If you made your request in English but would prefer to continue in French, please let the CRB know as soon as possible.
Languages other than English or French
The CRB can provide interpreters for languages other than French or English, including sign language. If you need an interpreter, notify the Case Processing Officer when you are completing the application, or as soon as possible.
All correspondence submitted to the CRB must be in English or French. CRB does not provide translation services.
2. Filing an application
To file an application, call 416-327-4673 or 1-888-728-8823 and a Case Processing Officer will assist you.
The Case Processing Officer will ask you for the following information:
- your name
- your date of birth
- the name and telephone number of your facility
- whether you are sentenced or detained
- whether you want to identify your racial or cultural background to help us assess your needs
- the name of the unit within your facility
- the name of your primary worker at your facility
- the name and phone number of your probation officer, if you have one
- the date of the placement, transfer, or decision you want reviewed:
- the date you were placed in your current facility
- the date you were transferred to your current facility or
- the date you received a decision from a Provincial Director about your placement, transfer, temporary release or reintegration leave
- the reason you are requesting a review
- information about your sentence or your detention
- whether you need an accommodation (alternate arrangements) or an interpreter
CRB will notify the Provincial Director that you have filed an application with the CRB.
If your application doesn’t meet the criteria for a review, a CRB adjudicator will phone you to explain why.
3. Types of reviews
Inquiry
The most common type of review is an inquiry. Within 24 hours of receiving your application, a CRB adjudicator will call you. The adjudicator will interview you and others who know you and your circumstances. The adjudicator will use the information from these interviews to make a recommendation.
Hearing
In exceptional circumstances, the CRB may hold a hearing instead of an inquiry. If the CRB decides to hold a hearing, you will be notified within 10 days.
4. The review process
During the review, the Custody Review Board (CRB) may ask for information from:
- the Provincial Director who made the decision
- staff from the facility where you are currently placed
- staff from the facility where you would like to be transferred, and/or
- other people who might have helpful information, for example:
- your probation officer
- your parents
- your children’s aid worker
- your counsellor
- your lawyer
The CRB makes a recommendation to the Provincial Director on whether your current placement meets your needs.
5. After the review
Learn about what happens following the review at the Custody Review Board (CRB).
On this page
Timing of recommendations
After the review, the CRB will make a recommendation based on whether your current placement meets your needs. The recommendation includes a summary of the information gathered and the CRB’s reasoning.
You and the Provincial Director will receive the recommendation within 30 days of the day you applied. The CRB adjudicator will call to let you know what the recommendation will be before it is sent. The CRB will also fax you the recommendation and ask you to sign a form to show that you received it.
Possible recommendations
The CRB may confirm the Provincial Director’s decision, placement or transfer. Or, the CRB may recommend to the Provincial Director that:
- you be transferred to another place
- you be transferred to open custody
- your temporary release be granted
- your reintegration leave be granted
The CRB can only make recommendations. This means that the Provincial Director does not have to do what the CRB recommends. For example, even if the CRB recommends you be moved, the Provincial Director can decide to keep you where you are.
Privacy and confidentiality of recommendations
The Youth Criminal Justice Act does not allow personal information about youth in custody to be made public. For this reason, there are two versions of the CRB recommendation:
- an official version of the recommendation with information identifying you will be sent to you and the Provincial Director
- a second version of the recommendation may be posted on the Canadian Legal Information Institute (CanLII) website. This version can be read by anyone and has all your identifying information removed. For example, the name of the facility, and your name and date of birth will not be in the recommendation.
6. CRB Service Timelines
The following service timelines offer a general idea of how long it will take to complete each major step in our tribunal’s process. Please keep in mind that actual times may vary depending on the specific circumstances of each case.
We also monitor each of our tribunals against a standard set of Key Performance Indicators. Please see Key Performance Indicators (KPIs) for more information.
What happens after I call the CRB to ask for a review of my placement?
After you call the CRB and a Case Processing Officer (CPO) completes an application with you over the phone, a tribunal member will call you within one business day to start the review.
How long will it take for the member to make a recommendation about my placement?
You will usually receive a recommendation 30 days after you asked for the review.
If I call the CRB, how long will it take for my call to be answered?
If you call between 8:30 a.m. and 5 p.m., Monday to Friday, a CPO will usually answer the phone immediately. But if you call outside these hours and leave a message, a CPO will call you back within one business day.