Victim support
This page provides detailed information on the role of victims of crime in the parole hearing and decision process.
On this page
Who is a victim?
The Ministry of the Correctional Services Act and other laws define and grant a victim certain rights of participation in parole hearings. A victim is an individual who has suffered physical or emotional harm, economic loss or property damage as a result of a crime committed in Canada.
If a victim is under 16 years of age or was a minor at the time of the offence, a parent or guardian can be considered a victim.
A victim has certain rights of participation in parole proceedings.
If a victim is unable to present a submission at a parole hearing (for example, if they are deceased or sick) the following people may represent the victim:
- a spouse or common law partner of the victim
- a family member of the victim
- a parent or guardian of the victim
- a dependant of the victim
If the child, parent, dependent, or spouse of the victim is charged or convicted of the crime, they are not considered a victim by law.
Victim input
The Ontario Parole Board (OPB) welcomes the input and participation of victims of crime in parole hearings.
The OPB recognizes the role of victims in the criminal justice system. Victims are an important part of the parole decision-making process. In addition to information from the police, courts, and corrections, the OPB welcomes information from the victim of the offence. This input will be considered along with all the other information the OPB has access to.
Victim support
Victims can call the Ontario Victim Support Line to ask about a specific person’s case. This includes whether the applicant has an upcoming parole hearing, or has been released.
Victims can also call for information about local support services or to learn more about the criminal justice system.
Ontario Victim Support Line:
Tel.: 416-314-2447
Toll Free Tel.: 1-888-579-2888
Victim Notification System (VNS)
Victims can register with the Victim Notification System (VNS). The VNS provides automated voicemail messages whenever there is a change in an applicant’s status. This includes notification of parole hearings and release from custody.
To register with the VNS, please contact the Ministry of the Attorney General’s (MAG) Ontario Victim Support Line.
Victim participation options
A Case Management Officer (CMO) works at the OPB. They manage files, schedule parole hearings, and help victims understand the parole process. When a victim initiates contact with the OPB (by phone or email), a CMO will contact the victim to discuss their participation options. These options include:
- Not participate – A victim’s participation is voluntary. The OPB has a legal obligation to consider victim impact, even if they do not take part in the parole process.
- Submit a written Victim Submission Form to the OPB.
- Submit a pre-recorded audio submission that is the same as the written submission. This should be submitted with a Written Submission Form.
- Attend the applicant’s parole hearing and read a written submission.
- Attend the applicant’s parole hearing without making a submission.
The Victim Submission form is available by contacting the OPBRegistrar@ontario.ca. The CMO can assist a victim with writing a submission.
Victim submission
A victim can present a submission in writing or by sending a recorded audio file of their statement. A written copy of the submission must be submitted to the OPB before the hearing. The audio recording must have the same content as the written submission with no changes. The submission should not exceed five minutes in length. (Accepted audio files: mp3).
If a victim prepared an impact statement for the court, they may use the same statement. They can also choose to prepare and submit a new victim impact statement to the OPB.
A victim can make their submission in English or French. If the victim would like to present in another language and requires an interpreter, they should contact the OPB.
A victim can attend a parole hearing without presenting a submission.
Written submission
A victim submission is the victim’s opportunity to tell the OPB how the crime has affected them. This can include the physical, financial, and emotional impact the offence has had on them, their family, and their community.
The victim may also share any recommendations they or their family have about whether the applicant should be granted parole. They can also provide submissions on any conditions the OPB should consider imposing to protect the victim and the community if parole is granted.
If a victim would like to make a written submission, the CMO will give them a Victim Submission Form to fill out. The CMO will also tell the victim when the completed form is due, so OPB members have the information before making a parole decision.
Victims may also ask the CMO to write down their submission for them.
Oral submission
Victims can make a statement by submitting a pre-recorded audio file. The audio file must say the same thing as the written submission and will be played at the parole hearing. Victims can also attend the hearing and read the written submission out loud.
Attending and presenting at a parole hearing may be very stressful. Victims can choose to turn their camera on or off during the parole hearing. Any other requests for accommodation should be made prior to the hearing.
The parole applicant and their assistant are not allowed to ask the victim or their support person any questions during the hearing. In some cases, the OPB members may ask the victim clarifying questions.
What information should the victim submission include?
The victim submission should describe how the crime continues to affect the individual. It should alsooutline any concerns about their personal safety, their family’s safety, and the safety of the community. It may also include the following types of information:
- Physical and emotional harm. This can include any medical needs, rehabilitation, and general recovery efforts.
- Financial harm. This can include loss of income due to time away from work for appointments, inability to work because of the offence, and any other financial harm.
- Interpersonal and social harm. This can include challenges engaging in activities or relationships (for example, with family, friends, colleagues, teachers, or physicians) because of the offence.
- Any loss or damage to property caused by the parole applicant’s offence.
What information should not be included in the victim submission?
- The submission should not include any information the victim does not want the applicant to know. This may include details about counselling, medical care, or where the victim or their family live, work, go to school, attend for religious observance, or frequently visit.
- Profanity or disrespectful language should not be used.
- The OPB only permits audio submissions that are the same as the written submission.
- Audio submissions must not include music, sound effects, video clips, links to other apps/websites, images, newspaper clippings, media sources or commentary from anyone else.
How can a victim present their submission?
If a victim plans to attend a hearing to present their submission, they must contact the OPB at least five business days before the parole hearing.
If the date of the parole hearing is unknown, they may still contact the OPB.
A CMO will speak with you about the process for victim participation and provide the Victim Application to Attend a Parole Hearing Form. Approval from the OPB is required to attend the hearing and present a submission.
IMPORTANT:
Any submission to the OPB, including the victim submission, becomes part of the OPB’s case file and may be shared with the parole applicant. The submission may also be referred to by the OPB in its decision. The OPB is required by law to withhold any information from the parole applicant where it believes:
- the information would jeopardize:
- the safety of any person
- the security of a correctional institution
- the conduct of any lawful investigation, or
- providing the information to the parole applicant would be contrary to the public interest.
The parole applicant will not be provided with private victim information such as an address or telephone number.
Attending a hearing
Victims who wish to attend or participate in a hearing must contact the OPB at OPBRegistrar@ontario.ca as soon as possible after receiving notification of the hearing date.
Victims who wish to attend or take part in a hearing but do not yet know the hearing date should contact the OPB.
Email the OPBRegistrar@ontario.ca and request to submit a Victim Application to Attend a Parole Hearing Form. A CMO will contact you to assist you with the application process.
The application must be submitted before the hearing date. An OPB member must review and approve the application before a victim may attend a hearing. The CMO will let you know the deadline for submitting the application.
The OPB conducts most hearings virtually over Zoom. The applicant joins the hearing from the provincial correctional institutions where the applicant is serving their sentence. All attendees will receive the Zoom hearing information and will attend virtually.
If a hearing is held in-person, attendees must pass a security screening before receiving permission to attend the hearing. The institution has the right to deny access due to security reasons even after the OPB has approved their attendance at the hearing.
If the applicant gives up (waives) their right to a hearing, the OPB will still consider all relevant information on file and decide whether the applicant is eligible for parole. The applicant will receive a written decision.
If the applicant waives their right to be considered for parole, the OPB will not hold a parole hearing. The applicant will not receive a written decision.
Section 44.4 of Ontario Regulation 778 allows the OPB to ask any person, other than the parole applicant, to leave the hearing, reschedule the hearing, or make any other order to maintain the orderly conduct of the hearing.
Funding for victims to attend hearings
If the applicant has been granted an in-person hearing based on an accommodation request, the following may apply:
The Victim’s Justice Fund is a fund created by the Ontario Government. It provides victims with some financial assistance for expenses if they attend an in-person parole hearing. For more information about the Victim’s Justice Fund, please visit the Ministry of the Attorney General’s website.