Hearing Process

The Custody Review Board may conduct hearings in two ways:

1. an oral hearing may be held in the presence of all relevant parties; or

2. an inquiry will be conducted through telephone calls and/or in-person meetings.

1. Hold an oral hearing

The Board will notify the youth within 10 days of receiving the application that a hearing will be scheduled.

A Board member will hold a hearing to review the application. The Board will contact the parties to ask for their availability. The Board will do its best to accommodate the parties in setting a hearing date.

At the hearing, the applicant and the Provincial Director will each have an opportunity to present evidence, call witnesses on their behalf and make submissions.  The applicant will be able to ask the Provincial Director's witnesses questions.  The Provincial Director will also be able to ask the applicant and his/her witnesses questions.  The Provincial Director will present his/her evidence first, followed by the applicant.

The duration of a hearing will vary from case to case. All hearings take place in private and may take place at the detention facility where the youth currently resides.

Issue a Recommendation

The Board will issue its written recommendation to the Provincial Director and the youth within 30 days of receiving the application, unless the young person and Provincial Director whose decision is being reviewed consent to a longer period for the Board’s determination.

After conducting a hearing, the Board may confirm the Provincial Director’s decision, placement or transfer or may make the following recommendations to the Provincial Director:

(i) where the Board is of the opinion that the place where the young person is held or to which he or she has been transferred is not appropriate to meet the young person’s needs, that the young person be transferred to another place,
(ii) that the young person’s temporary release be authorized under section 35 of the Young Offenders Act (Canada) or the young person’s reintegration leave be authorized under section 91 of the federal Act, or
(iii) where the young person has been transferred to a place of secure custody, that the young person be returned to a place of open custody.

The Board issues a recommendation not an order. The Provincial Director makes the final decision and will decide if the Board’s recommendation is followed.

2. Conduct an Inquiry

The Board’s practice is that a Board member will contact the youth within 24 hours of receiving the application.

While conducting an inquiry, the Board member may consult with the following individuals:

• the Provincial Director who made the decision

• staff members from the facility where the young person is currently placed;

• staff members from the custody facility where the young person would like to be transferred (if appropriate)

• additional individuals identified by the youth and/or facility, which may include parents, family members or other professionals

Issue a Recommendation

The Board will issue its written recommendation to the Provincial Director and the youth within 30 days of receipt of the application. Prior to providing a written recommendation, the Board usually verbally advises the youth and staff at the facility of its decision.

After conducting an inquiry, the Board may confirm the Provincial Director’s decision, placement or transfer or may make the following recommendations to the Provincial Director:

(i) where the Board is of the opinion that the place where the young person is held or to which he or she has been transferred is not appropriate to meet the young person’s needs, that the young person be transferred to another place,
(ii) that the young person’s temporary release be authorized under section 35 of the Young Offenders Act (Canada) or the young person’s reintegration leave be authorized under section 91 of the federal Act, or
(iii) where the young person has been transferred to a place of secure custody, that the young person be returned to a place of open custody.

The Board issues a recommendation not an order. The Provincial Director makes the final decision and will decide if the Board’s recommendation is followed.