Independent File Reviews:

Lengthy prison terms and or conflict over the direction a case has taken can generate considerable frustration on a personal level and amongst family members.

The Correctional Service of Canada is a vast organization and the professionals assigned to a case [Case Management Team lead by a Parole Officer] change frequently and unexpectedly. Delays can be generated due to disciplinary issues, poor interpersonal relationships, bad advice and or transfers.

Increasingly, clients have engaged Parole Consultations to conduct independent reviews of available case file information from the perspective of a seasoned decision maker. The intent is to confirm and or challenge the position taken by Corrections Canada. This review does not and cannot substitute the position advanced by the Case Management Team. Typical clients requesting this service are serving life or indefinite sentences.

It can serve two distinct purposes.

Encourages the client to accept the position taken by Corrections Canada where the likelihood of imminent release is low. Further, it will speak to the risk factors that the client may not accept as impediments to conditional release. Direction can be taken from this opinion.
Where an alternative interpretation of a case is realistically supported, the review offers an honest interpretation of the value of advancing a case to the Parole Board.

However, at an abbreviated level this service has become very popular and extremely critical in post suspension cases. More specifically, when a client has had their conditional release suspended and Corrections Canada recommends the Parole Board revoke the same, Parole Consultations can deconstruct the argument advanced where appropriate.

Private Consultations:

The complexity of some cases as well as the timing of eligibility dates frequently gives reason for pause. It is vitally important that offenders carefully consider their options with respect to appearances before the Parole Board.

Appearances that are premature due to a lack of progress or supported by a case lacking satisfactory release destinations can have lasting negative implications. Offenders can anticipate advice from Corrections Canada but are certainly not bound by that perspective. You have a right to disagree but as a result will appear before the Board without support.

Although family members and attorneys can appear as assistants at a hearing they share equal standing. The former, despite best intentions, rarely adds much to the decision making process. The latter certainly contribute a highly professional perspective but generally at a cost that dwarfs that experienced through the engagement of Parole Consultations. It is important to remember that parole hearings are not courtrooms, they are administrative tribunals. The rules and the law are quite different.

Patrick O'Brien is available to meet and or teleconference cases before the parole hearing is scheduled. Within commuting distance of Moncton, N.B. he is available for office and or home visits.

Coaching:

Without a doubt, lack of preparation and anxiety are the two greatest impediments to a strong performance before the Parole Board of Canada. Despite the best effort of Board Members to make offenders feel comfortable, the actual hearing is quite formal; Board Members can be imposing and unintentionally intimidating and use language with which offenders may not be entirely familiar.

If Corrections Canada support is not forthcoming offenders should not expect any level of coaching and only minimal advice in preparation for a hearing from a parole officer. Their interest is in having conditional release denied but they recognize that the final decision is the exclusive domain of the Parole Board. Added to the formality of a tribunal setting is the potential for appearances by victims, their representatives, the media or general public / students. Victims and or their representatives have the right to address the Board through prepared statements, video link or other audio means. Multiple victims or their representatives can address the Board. All of these variables serve to heighten stress, making preparation even more critical. A parole hearing can be a lengthy ordeal, examining the most intimate of personal information as well as specifics of one's offences. A sense of feeling overwhelmed is not unusual.

Parole Consultations, following a careful file review, can generate a list of questions the Board is likely to focus on. As well, the documents submitted by Corrections Canada can be reviewed and incorporated into your preparation. Armed with this information, Parole Consultations can meet with clients at the institution and prepare for the actual hearing. Potential answers that reflect insight and honesty on the part of the offender can be discussed and or rehearsed in hearing format.

Success is often achieved when the offender can engage the Board in a meaningful case based discussion wherein change can be communicated through clear behavioural examples.

Coaching can be a consuming exercise and the time involved may be probative to some offenders and their families. However, shortened sessions can be arranged and are of increasing interest to clients.

It has been said, "That Good Luck is when Preparation meets Opportunity".

Representation at Hearings:

The Parole Board is an administrative tribunal that operates independently and at arm's length from government. It has an inquisitorial function and as such, must consider all information deemed relevant to the assessment of risk. A parole hearing is nothing like court; despite being permitted an assistant, that individual, be it your lawyer, a family member or a representative of Parole Consultations; they enjoy equal standing.

The questions of the Board will be directed to the offender. You are free to confer with your assistant throughout the hearing but interruptions will not be tolerated. Your assistant will be afforded the opportunity to make a verbal submission at the conclusion of the hearing. From a potential appeal perspective it is important for your assistant to understand the hearing process and the legal criterion the Board must respect. Parole Consultations will prepare a written submission on your behalf in support of release if appropriate that may refute the position taken by Corrections Canada.