Yes — Registered victims can request that an offender have no contact with them at
various times during the criminal justice process. In order of sequence:
Role of courts
Anytime during the court process, the sentencing judge can issue an order prohibiting
the offender from communicating, directly or indirectly, with any person, victim
or witness. This order comes to an end when the offender is sentenced.
Role of the Correctional Service of Canada (CSC)
Anytime during the incarceration of an offender under CSC jurisdiction, a victim
can submit a written request to CSC requesting that an offender be prevented from
communicating with them and/or their family. As well, an offender may be prevented
from communicating with members of the public by mail or telephone when:
- The Institutional Head or designate believes, on reasonable grounds, that the safety
of any person, both in the institution and the community would be jeopardized; or
- The Institutional Head or designate is satisfied that the intended recipient of the
communication, or the parent or guardian of an intended recipient who is a minor,
does not want to receive communications from the inmate.
Role of the Parole Board of Canada (PBC)
A victim can submit a written victim statement to the PBC at any time. Your victim statement can help Board members appreciate the circumstances and seriousness of the offence. It may also help Board members assess the offender's release plan, the likelihood of the offender committing another offence, or of re-offending violently. Your victim statement may also assist members in deciding if special conditions are necessary to further manage the risk that the offender may present.
No contact at Warrant Expiry (End of full sentence)
Under the law, an offender must be released at the warrant expiry date (WED) of their
sentence. An offender release at WED means that the offender has served the full
length of their sentence and that their sentence has come to end. At this time, CSC
and the PBC no longer have the authority to impose a release condition. If CSC has reasonable
grounds to believe that the offender may pose a threat to someone in society, CSC
can inform the police of the offender's release. With the information given by CSC,
police services can apply to the courts to ask for a "peace bond" under section 810
of the Criminal Code. A "peace bond" can include various conditions, including a
"no contact" condition. A "peace bond" is a court order that allows the police to
protect the public by requiring an individual who poses a threat to society to abide
by specific conditions for up to one year. Victims can contact their local police
services or victim services to find out more about Peace Bonds.
For more information, please contact CSC or PBC at the numbers below.
|Correctional Service of Canada
|Parole Board of Canada