Commissioner's Directive

Victim Engagement

PURPOSE

  • To manage the engagement of victims within the Correctional Service of Canada, by upholding victims' rights and ensuring timely and effective information sharing pursuant to legislation

APPLICATION

  • Applies to staff responsible for considering victim information and for sharing information with victims

RESPONSIBILITIES

  1. The Assistant Commissioner, Communications and Engagement:
    1. will ensure programs and processes are in place to engage victims within the Correctional Service of Canada's (CSC) mandate
    2. is responsible for the functional coordination of services to victims
    3. has the authority to develop protocols that must be followed in relation to information sharing between victims and CSC.
  2. The Regional Deputy Commissioner will ensure:
    1. delivery of services to victims by regional Victim Services Units
    2. policy direction with respect to victim notification is followed
    3. implementation of protocols in compliance with provincial and municipal legislation or programs pertaining to witness protection and the disclosure of information relating to them.
  3. Only staff occupying the following positions have authority to disclose information pursuant to section 26 of the CCRA and subsection 745.6(2.8) of the Criminal Code:

    NATIONAL HEADQUARTERS
    1. Assistant Commissioner, Communications and Engagement
    2. Director, Citizen Engagement
    3. National Manager, Restorative Justice and Victim Services
    4. National Monitoring Centre Supervisor (after hours)
  4. REGIONAL HEADQUARTERS
    1. Regional Deputy Commissioner
    2. Regional Administrator, Communications and Executive Services
    3. Regional Victim Services Manager
    4. Victim Services Officer.
  5. The Institutional Head/District Director will:
    1. develop processes to ensure the Victim Services Unit is provided with notification of events and relevant decisions regarding offenders with victim notification pursuant to the Victim Services Notification Guide (Annex D)
    2. ensure that decision sheets provide a rationale when not imposing a condition to protect the victim on an offender's unescorted temporary absence (CSC authority) in cases where the victim has submitted a statement pursuant to subsection 133(3.1) of the CCRA
    3. facilitate the attendance of victim observers at the Parole Board of Canada (PBC) hearings held at the site and ensure that victims' needs are taken into consideration in the preparation of hearing rooms at the site
    4. ensure that information regarding CSC's victim services and restorative justice programs/victim- offender mediation services is available within operational units
    5. ensure a process which conforms to Commissioner's Directive (CD) 085 – Correspondence and Telephone Communication is in place to prevent unwanted contact and respect non- communication orders, while allowing offenders to communicate with victims who wish to maintain contact with the offender.
  6. The Correctional Manager/Officer in Charge of the Institution will notify the Victim Services Unit/National Monitoring Centre of unscheduled events for inmates with victim notification in accordance with Annex D.
  7. The Correctional Manager/Manager, Assessment and Interventions/Parole Officer Supervisor/ Manager, Community Correctional Centre (CCC), will ensure:
    1. case preparation documents and recommendations take victim considerations into account
    2. copies of victim-related information from the offender's Case Management file, including court documents, are forwarded to the Victim Services Unit upon registration of a victim for storage on the Victim file
    3. any other required information, as outlined in Annex D, is forwarded to the Victim Services Unit.
  8. Sentence Management will notify the Victim Services Unit of information such as any new convictions and sentence calculation changes affecting eligibility dates, as outlined in Annex D.
  9. The Parole Officer/Correctional Officer II/Primary Worker will:
    1. notify the Victim Services Unit when beginning case preparation for CSC- and PBC-authority release decisions and request to obtain victim information as well as any victim statements pursuant to subsection 133(3.1) of the CCRA, as applicable
    2. notify the Victim Services Unit of changes in offenders' circumstances for which notification may be required and of judicial review information regarding offenders, as outlined in Annex D
    3. include relevant victim information pursuant to sections 23 and 24 of the CCRA in reports used for decision making
    4. take victim considerations into account in release planning and recommendations for decision
    5. consult with the Victim Services Unit prior to sharing, with the offender, victim-related information not received through the court process
    6. consult with the Victim Services Unit prior to contacting a victim to gather essential information.
  10. The Regional Victim Services Manager will, in compliance with the protocols issued by the Assistant Commissioner, Communications and Engagement, and following the Canadian Statement of Basic Principles of Justice for Victims of Crime, 2003:
    1. provide advice and assistance to Victim Services Officers
    2. train and coordinate Victim Services Officers
    3. liaise with federal, provincial and municipal criminal justice partners and non-governmental partners
    4. provide regional input on national initiatives
    5. maintain quality assurance for victim services
    6. approve release of information to a victim, without a written request, in exceptional circumstances
    7. provide advice to the Regional Deputy Commissioner in the formulation of requests for exemption under paragraph 8(2)(m) of the Privacy Act and other exceptional and/or sensitive issues.
  11. The Victim Services Officer will, in compliance with the protocols issued by the Assistant Commissioner, Communications and Engagement, and following the Canadian Statement of Basic Principles of Justice for Victims of Crime, 2003:
    1. provide victims with information about:
      1. the criminal justice system and the role of victims in it, including their rights pursuant to the Canadian Victims Bill of Rights
      2. the services and programs available to them as a victim, including restorative justice programs, pursuant to section 26.1 of the CCRA and CD 785 – Restorative Opportunities Program and Victim-Offender Mediation Services
      3. their right to file a complaint for an infringement or denial of any of their rights pursuant to section 25 of the Canadian Victims Bill of Rights and CD 786 – Victim Complaints
      4. the process of applying to receive information as a victim, as outlined in Annex B
    2. assess victim requests to receive information as a victim in order to confirm their identity and eligibility pursuant to sections 2 and 26(3) of the CCRA
    3. register victims in accordance with Annex B
    4. invite victims to provide information and/or a victim statement for consideration in case preparation and pre-release decisions
    5. advise the Parole Officer that the Victim Notification Required flag has been activated in the Offender Management System (OMS)
    6. provide approved information to victims regarding offenders, as outlined in Annex D
    7. provide approved information to victims about offenders' correctional plans, including information regarding progress towards meeting the objectives of their plans
    8. respond to victim enquiries and prepare correspondence to victims
    9. maintain victim contact and notification information
    10. liaise, as required, with the PBC, National Headquarters, Regional Headquarters, operational units, external agencies, police, courts, etc.
    11. advise staff at operational sites of victims' issues and services as required
    12. maintain information on community resources available to victims
    13. assist in the formulation of requests for exemption under paragraph 8(2)(m) of the Privacy Act and other exceptional and/or sensitive issues.
  12. The National Monitoring Centre Supervisor will complete victim notification activities after hours in accordance with the National Monitoring Centre Manual.

PROCEDURES

Identifying and Registering a Person as a Victim

  1. Requests from victims for offender information will be forwarded to the regional Victim Services Unit for response.
  2. Requests for victim registration will be made in writing, normally using the Application to Receive Information as a Victim (CSC/SCC 1429E). If necessary, the Victim Services Officer will assist the victim in completing his/her written request.
  3. If a victim sends a signed letter containing enough information to constitute a formal request to receive information, the Victim Services Officer does not need to have the person complete the Application to Receive Information as a Victim (CSC/SCC 1429E).
  4. In exceptional circumstances, the Regional Victim Services Manager may approve disclosure of information without a written request. The reasons for approval will be documented and the victim will subsequently be requested to complete the Application to Receive Information as a Victim (CSC/SCC 1429E).
  5. A victim who requests that a representative receive information on his/her behalf must provide a written authorization to CSC. A representative designated by a victim is entitled to receive the same information under this policy as the victim is entitled to receive directly.

Disclosure of Information to Victims

  1. Once the victim has been registered, the Victim Services Officer will determine the type of information to be disclosed pursuant to section 26 of the CCRA and subsection 745.6(2.8) of the Criminal Code (see Annex C).
  2. In the case of information disclosed pursuant to paragraph 26(1)(b) of the CCRA, the Victim Services Officer will weigh the victim's interest against the offender's privacy, on a case-by-case basis. Factors to be considered include:
    1. the nature of the information
    2. the timeliness of the information
    3. the direct effect of disclosure on the offender, or the indirect effect on the offender due to the effect of the disclosure on others associated with the offender, such as family members or prospective employers, especially in relation to reintegration
    4. the possible consequences of disclosure or non-disclosure
    5. any other relevant factor which may affect the balance between the interests of the victim and the privacy rights of the offender.
  3. In the case of information to be disclosed pursuant to paragraph 26(1)(c) of the CCRA:
    1. the Parole Officer will communicate concerns that the disclosure of information may have a negative impact on public safety, including the safety of the offender, to their supervisor, and request a case conference with the Victim Services Unit if necessary
    2. the Victim Services Officer will communicate concerns that the disclosure of information may have a negative impact on public safety, including the safety of the offender, to the Regional Victim Services Manager and request a case conference with the Parole Officer and other staff as necessary on a case-by-case basis.
  4. The Victim Services Officer will provide mandatory information to victims who meet the criteria established in subsection 745.6(2.8) of the Criminal Code, whether or not they choose to register (see Annex C).
  5. Decisions relating to the disclosure of the information relating to an offender believed to be under the federal Witness Protection Program Act can only be made by the RCMP. The Victim Services Unit will refer the request to the National Manager, Restorative Justice and Victim Services, who will forward the request to the Director, Preventive Security and Intelligence. The Director, Preventive Security and Intelligence, will be responsible for engaging the liaison process with the appropriate police force involved.
  6. When a victim makes a request for information regarding the location or identity change of an offender under any protection program, including those who are Crown witnesses, the Victim Services Unit will refer the request to the National Manager, Restorative Justice and Victim Services, before initiating any processes with third parties and any law enforcement agencies on these matters. The National Manager, Restorative Justice and Victim Services, will forward the request to the Director, Preventive Security and Intelligence, for response.
  7. In highly exceptional circumstances, discretionary information or other information could be disclosed to a victim pursuant to paragraph 8(2)(m) of the Privacy Act in accordance with established protocols.

Gathering Information from Victims for Consideration in Case Preparation

  1. If the victim provides information verbally to a staff member outside the Victim Services Unit, the staff member receiving the information will complete a Statement/Observation Report (CSC/SCC 0875) and forward the report to the Victim Services Unit.
  2. If the victim provides information in writing to a staff member outside the Victim Services Unit, the staff member will forward it to the Victim Services Unit for vetting and distribution as required.
  3. The Victim Services Officer will advise the Parole Officer if information is received which may impact risk presented by an offender or a victim.
  4. If a victim wishes to provide information which would impact the management of the case, information gathering will be completed pursuant to CD 715-3 – Community Assessments.
  5. When the Victim Services Unit receives sensitive personal information concerning a victim (i.e. psychological reports, medical reports, etc.), the Victim Services Officer will review it, in consultation with the Regional Victim Services Manager and the Parole Officer or Manager, Assessment and Interventions/Parole Officer Supervisor/CCC Manager, to assess its relevance in the decision-making process.
  6. Photographs that victims provide with, or instead of, victim information and/or a statement will not be considered in decision making.

Sharing Victim-Related Information with Offenders

  1. Offenders will not be notified that a victim has requested or is being provided with information about them, nor is this information to be included in case management reports on offenders.
  2. The victim's contact information will not be shared with the offender without the victim's consent.
  3. When providing information to CSC, victims will be advised that any information, or a gist thereof, used in a decision affecting an offender will be shared with the offender, pursuant to section 27 of the CCRA.
  4. Where the Institutional Head/District Director has determined there are sufficient grounds pursuant to subsection 27(3) of the CCRA for not sharing all information with the offender, a gist will be prepared and shared with the offender, pursuant to Annex C of CD 701 – Information Sharing.
  5. If the victim asks that the information not be disclosed to the offender, the victim will be advised that CSC may not legally be able to prevent disclosure of the information in a decision affecting the offender.

Jurisdictions

  1. Section 26 of the CCRA applies to all offenders under federal jurisdiction, including provincial offenders transferred to CSC pursuant to an exchange of service agreement, offenders under section 81 or section 84 of the CCRA and offenders under a long-term supervision order.
  2. Federal offenders incarcerated in provincial correctional facilities are subject to provincial regulations for the purposes of information sharing with victims and are excluded from the provisions of section 26 of the CCRA.

Commissioner,

Original Signed by:
Don Head

ANNEX A - CROSS-REFERENCES AND DEFINITIONS

CROSS-REFERENCES

DEFINITIONS

Eligibility criteria: subsection 26(3) of the CCRA stipulates that subsection 26(1) of the CCRA "also applies, with such modifications as the circumstances require, to a person who satisfies the Commissioner:

  1. that the person suffered physical or emotional harm, property damage or economic loss, as the result of an act of an offender, whether or not the offender was prosecuted or convicted for that act; and
  2. that a complaint was made to the police or the Crown attorney, or an information was laid under the Criminal Code, in respect of that act."

Representative (commonly referred to as "agent"): an individual or organization authorized to receive information on behalf of a victim pursuant to subsection 26(5) of the CCRA.

Victim: as defined in section 2 and subsections 26(3), and 26(4) of the CCRA. These definitions include the victim directly harmed as a result of an offence, an individual close to the victim, or any person harmed as a result of the actions of the offender. Victims (who may include CSC employees and offenders other than an individual who is an offender of that offence) may register to receive information regarding the offender pursuant to section 26 of the CCRA. The CCRA does not make any distinction between a Canadian victim and a foreign victim.

Victim information: victim-related information, provided either in writing or verbally, for consideration as part of the overall case management process. This would include information provided by the victim and/or other sources. This also includes the court Victim Impact Statement, when available.

Victim statement: a written statement provided by the victim, pursuant to subsection 133(3.1) or 134.1(2.1) of the CCRA, describing the harm done or loss suffered as a result of the commission of an offence or the continuing impact of the commission of the offence on the victim – including any safety concerns – or commenting on the possible release of the offender, including any requests for non- association and/or geographic restriction conditions. The statement will be considered in the pre- release decision-making process for consideration to impose conditions to protect the victim.

ANNEX B - INFORMATION SHARING WITH PERSONS REQUESTING TO RECEIVE INFORMATION AS A VICTIM

During initial contact with the victim, the Victim Services Officer will explain the following points to victims who enquire about receiving information from CSC:

  1. the definition or eligibility criteria that must be met for a victim to receive information
  2. the types of information about an offender that can be disclosed pursuant to the CCRA, including their meaning
  3. the other services available to victims who meet the legal definition or eligibility criteria to receive information
  4. the opportunity for victims to provide information to CSC to be considered in decisions related to the offender, even if they choose not to complete the Application to Receive Information as a Victim (CSC/SCC 1429E)
  5. the need for the victims to provide current contact information to ensure that CSC can share information as required
  6. the process followed in the event that CSC cannot contact a victim using the information provided by the victim or if the victim no longer wishes to receive information about the offender.

ANNEX C - DISCLOSURE OF INFORMATION TO VICTIMS

CSC is required to disclose two types of information to victims: general information and offender- specific information.

GENERAL INFORMATION

Disclosure pursuant to section 26.1 of the Corrections and Conditional Release Act (CCRA)

Section 26.1 of the CCRA states the following:

  • 26.1 (1) The Service shall provide every victim, and every person referred to in subsection 26(3), who has registered themselves with the Service for the purposes of this section with information about its restorative justice programs and its victim-offender mediation services, and, on the victim's or other person's request, may take measures to provide those services.
  • (2) The Service's victim-offender mediation services are to be provided in accordance with the Commissioner's Directives and they may be provided only with the informed consent of the participants that is voluntarily given.

OFFENDER-SPECIFIC INFORMATION

Disclosure pursuant to section 26 of the CCRA

Subsection 26(1) of the CCRA indicates that, at the request of a victim of an offence committed by an offender, the Commissioner (or delegated authority):

  1. shall disclose to the victim the following information about the offender:
    1. the offender's name
    2. the offence of which the offender was convicted and the court that convicted the offender
    3. the date of commencement and length of the sentence that the offender is serving
    4. eligibility dates and review dates applicable to the offender under this Act in respect of temporary absences or parole
  2. may disclose to the victim any of the following information about the offender, where in the Commissioner's opinion the interest of the victim in such disclosure clearly outweighs any invasion of the offender's privacy that could result from the disclosure:
    1. the offender's age
    2. the name and location of the penitentiary in which the sentence is being served
      1. (ii.1) if the offender is transferred, a summary of the reasons for the transfer and the name and location of the penitentiary in which the sentence is being served
      2. (ii.2) if the offender is to be transferred to a minimum security institution as designated by Commissioner's Directive and it is possible to notify the victim before the transfer, a summary of the reasons for the transfer and the name and location of the institution in which the sentence is to be served
      3. (ii.3) the programs that were designed to address the needs of the offender and contribute to their successful reintegration into the community in which the offender is participating or has participated
      4. (ii.4) the serious disciplinary offences that the offender has committed
    3. information pertaining to the offender's correctional plan, including information regarding the offender's progress towards meeting the objectives of the plan
    4. the date of any hearing for the purposes of a review under section 130
    5. that the offender has been removed from Canada under the Immigration and Refugee Protection Act before the expiration of the sentence, and
    6. whether the offender is in custody and, if not, the reason why the offender is not in custody
  3. shall disclose to the victim any of the following information about the offender, if, in the Commissioner's opinion, the disclosure would not have a negative impact on the safety of the public:
    1. the date, if any, on which the offender is to be released on temporary absence, work release, parole or statutory release
    2. the conditions attached to the offender's temporary absence, work release, parole or statutory release
    3. the destination of the offender on any temporary absence, work release, parole or statutory release, whether the offender will be in the vicinity of the victim while travelling to that destination and the reasons for any temporary absence.
  4. shall provide the victim with access to a photograph of the offender taken on the occurrence of the earliest of any of the following — and any subsequent photograph of the offender taken by the Service — if, in the Commissioner's opinion, to do so would not have a negative impact on the safety of the public:
    1. the release of the offender on unescorted temporary absence,
    2. the offender's work release,
    3. the offender's release on parole, and
    4. the offender's release by virtue of statutory release or the expiration of the sentence

Subsections 26(1.1) and (1.2) of the CCRA address the requirements related to timeframes for disclosure and changes to the above information:

26(1.1) The Commissioner shall disclose the information referred to in paragraph (1)(c) before the day on which the offender is released and, unless it is not practicable to do so, the Commissioner shall disclose it at least 14 days before that day.

26(1.2) The Commissioner shall disclose to the victim any changes to the information referred to in paragraphs (1)(a) to (c).

Policy clarification

If disclosure of the information is approved, in accordance with the above CCRA provisions, CSC may notify victims outside of regular business hours when an offender:

  1. escapes from an institution
  2. is unlawfully at large from a temporary absence
  3. fails to return to the institution as required
  4. has been granted an emergency temporary absence
  5. is subject to a warrant of apprehension and suspension
  6. is subject to a change of jurisdiction
  7. is returned to, or released from, custody
  8. is granted a travel permit.

Disclosure pursuant to subsection 745.6(2.8) of the Criminal Code

Subsection 745.6(2.8) of the Criminal Code states the following:

(2.8) If a person convicted of murder does not make an application under subsection 745.6(1) within the maximum time period allowed by this section, the Commissioner of Correctional Service Canada, or his or her designate, shall immediately notify in writing a parent, child, spouse or common-law partner of the victim that the convicted person did not make an application. If it is not possible to notify one of the aforementioned relatives, then the notification shall be given to another relative of the victim. The notification shall specify the next date on which the convicted person will be eligible to make an application under subsection 745.6(1).

ANNEX D - VICTIM SERVICES NOTIFICATION GUIDE

Click on one of the events below to see the information sharing requirements.

CASE MANAGEMENT EVENT OFFICE OF PRIMARY INTEREST TIMEFRAME TO CONTACT THE VSU INFORMATION TO INCLUDE METHOD OF VICTIM NOTIFICATION BY VSU DISCLOSURE OF INFORMATION TO VICTIM BY VSU OR OTHER DELEGATED AUTHORITY
(Note: Pursuant to paragraph 4a of this CD, the Institutional Head/District Director may designate positions other than the ones indicated in this guide to notify the Victim Services Unit (VSU) when the offender's file has an active Victim Notification Required (VNR) flag.)

Absence for Court

(For Temporary Absence: CCRA 26(1)(c)(i),(ii),(iii), 26(1)(d), 26(1.1), and CCRR 9(b))

(For Transfer to Provincial Jurisdiction: CCRA 26(2))

Sentence Management

At least 18 days in advance of event or when the information becomes available (if less than 18 days)

  • Offender name
  • Fingerprint Section (FPS)
  • Departure from institution for court purposes
  • Date of departure
  • Expected return date and time
  • If attending court on new charges
  • Reasons (if the attendance is on a temporary absence, rather than on a judge's order)
  • Reason why information was not provided 18 days in advance, if this is the case
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

At least 16 days prior to release, unless not practicable to do so

  • Date of release
  • Court information, if available
  • Reason why information was not disclosed 16 days in advance, if this is the case
  • Photo of offender (only if this is the earliest occurrence of release and if the absence occurs as a UTA)

Admission

i. Admission to CSC on First Federal Sentence

  • No information as victims cannot register to receive information until the offender has completed the intake assessment process

ii. Admission to CSC on Subsequent Federal Sentence (and first federal sentence for offenders previously supervised by CSC during a provincial sentence)

(CCRA 26(1)(a)(i-iv))

Sentence Management

Within five days of the offender being admitted to federal custody at beginning of subsequent sentence

  • Offender name and FPS
  • Back in CSC custody on new sentence
  • New offences
  • Sentence length
  • Sentence start and end dates
  • Eligibility dates
  • E-mail to victims who receive information via the Victim Portal
  • Telephone and letter
  • Now back in custody on new sentence
  • Reactivation of victim notification is not automatic
  • Must indicate that victim wants notification reactivated
  • New offences
  • Sentence length
  • Sentence start and end dates
  • Eligibility dates

Readmission

i. Return to CSC Facility on a Warrant, including when:

a) parole or statutory release has been made inoperative

b) a warrant of apprehension and recommitment has been issued (in the case of a direct revocation by PBC)

(CCRA 26(1)(b)(ii), (vii))

Sentence Management

Immediately following the return of the offender to CSC custody

  • Offender name and FPS
  • Date when transferred to CSC facility
  • Name and location of CSC facility
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • Offender returned to CSC custody
  • Date when transferred to CSC facility
  • Name and location of institution

ii. Suspension and Apprehension Warrant Issued

(CCRA 26(1)(b)(ii),(vii))

Community Parole Officer or his/her supervisor

Immediately following the issuing of the warrant

  • Offender name and FPS
  • Warrant issued
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • Warrant issued

iii. Suspension and Apprehension Warrant Executed

(CCRA 26(1)(b)(ii),(vii))

Parole Officer or his/her supervisor

As soon as possible following the execution of the warrant

  • Offender name and FPS
  • Warrant executed
  • Location of offender (province of non- CSC facility, if applicable)
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • Offender apprehended
  • Location of offender (province of non-CSC facility, if applicable)
  • Suspension process

iv. Suspension and Apprehension Warrant Cancelled or Withdrawn

(CCRA 26(1)(c)(iii))

Community Parole Officer or his/her supervisor

Immediately following the decision to cancel or withdraw the warrant

  • Offender name and FPS
  • Suspension warrant cancelled or withdrawn
  • Area of supervision on release
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • Suspension warrant cancelled or withdrawn
  • Date of decision
  • Date of release
  • Any changes with respect to community supervision – supervising parole office

Bail Release

i. from federal custody

ii. following release to the community

(CCRA 26(1)(b)(vii))

  1. Sentence Management
  2. Parole Officer or his/her supervisor

Immediately when the information becomes available

  • Offender name and FPS
  • Offender being released on bail
  • Date of release
  • Reason (sentence quashed, etc.)
  • Released to community or provincial custody
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • Date of release
  • Court information, if available

Case Preparation for Pre-Release Decisions

(CCRA 26(1)(a)(iv), 26(1)(c), 133(3.1), and 133(7)

Parole Officer or his/her supervisor/ Primary Worker/ Correctional Officer II

When beginning case preparation for pre-release decisions, decisions to modify/remove a condition; and a subsequent decision following the successful appeal of a PBC decision; as outlined in Annex B of CD 712-1 and pursuant to

CD 710-3,

CD 710-7,

CD 712-5

  • Offender's name and FPS
  • Type of release
  • Planned release destination (and reasons if for a TA)
  • Anticipated review/decision date, if known
  • Whether or not the proposed modification or removal of condition relates to a condition imposed to protect the victim
  • Timeframe for victim to submit information and/or statement (provide as much time as possible within the parameters of the case)
  • any known concerns that the disclosure of information may have a negative impact on public safety, including the safety of the offender (refer to the "Disclosure of Information to Victims" section in this CD as relates to subsection 26(1)(c) of the CCRA)
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • Offender to be reviewed for possible conditional release
  • Type of release (and reason, if for a TA)
  • Date of review (month and year)
  • The type of condition that may be modified or removed as a result of the review only IF the condition was imposed to protect the victim
  • Invite new victim information and/or a victim statement:
    • Normally within the timeframe indicated by the Parole Officer or his/her supervisor
    • As soon as possible for emergency temporary absences

Case Preparation for Post-Release Decisions

(CCRA 26(1)(a)(iv), 26(1)(c), and 134.1(5)

Parole Officer or his/her supervisor/ Primary Worker/ Correctional Officer II

When beginning case preparation (Assessment for Decision) for post-release decisions, including post-suspension decisions,
decisions to modify/remove a condition, and/or a subsequent decision following the successful appeal of a PBC decision, pursuant to

CD 715-2, 712-4 and CD 719

  • Offender's name and FPS
  • Anticipated review/decision date, if known
  • Proposed change in conditions
  • Timeframe for victim to submit information and/or statement (provide as much time as possible within the parameters of the case)
  • Whether or not the proposed modification or removal of condition relates to a condition imposed to protect the victim
  • Any known concerns that the disclosure of information may have a negative impact on public safety, including the safety of the offender (refer to the "Disclosure of Information to Victims" section in this CD as relates to subsection 26(1)(c) of the CCRA)
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • Offender to be reviewed for possible change in conditions
  • Date of review (month and year)
  • The type of condition that may be modified or removed as a result of the review only IF the condition was imposed to protect the victim
  • Invite new victim information and/or a victim statement:
  • Normally within the timeframe indicated by the Parole Officer or his/her supervisor

Change in Custodial Authority

As soon as information becomes available

In all cases

  • Offender name and FPS
  • Date of change
  • Reason for change

 

  • E-mail to victims who receive information via the victim Portal
  • Telephone and letter

In all cases

  • Date of change
  • No longer in CSC supervision/custody

i. Transfer to Provincial/ Territorial Custody

(CCRA 26(2), (4))

Sentence Management

  • To which province/territory
  • Province in which the facility is located

ii. Transfer to CBSA Custody (at the time of the offender's release from the institution)

(CCRA 26(1)(b)(vii)

Sentence Management

  • Type of release
  • Parole office that will supervise the offender (should he/she be released from CBSA)

Within two days of confirmation by CBSA of the date when they will take the offender into their custody

  • Under the jurisdiction of CBSA
  • Victim will be informed:
  • - if offender returns to CSC custody or supervision, or
  • - of the date on which the offender is removed from Canada

iii. Arrest without Warrant

(CCRA 26(1)(b)(vii), 26(1.2))

Parole Officer or his/her supervisor

  • Offender arrested without a warrant executed
  • Location of offender
  • Offender arrested and in police custody
  • Suspension process

Change in Release on Day Parole,

Full Parole, Statutory Release, Long-Term Supervision Order (LTSO)

PBC Decision including change in destination, supervision location, radius/ territorial boundaries, conditions

(CCRA 26(1)(c), 26(1)(d) and 26(1.2))

Parole Officer or his/her supervisor

As soon as the parole office is aware of decision made by PBC if change in release conditions (including removal of residency condition):

If change in destination, supervision location, radius/territorial boundaries: Normally five days in advance of change or immediately when the information becomes available (if less than five days)

  • Offender name and FPS
  • What has changed
  • Date of the change
  • Reason for the change

If Change in Supervision Location

  • New supervision area
  • Name of supervising Parole Officer
  • Date of transfer

If Change in Release Conditions

  • Exact wording of condition added/ removed/changed, as it appears on the certificate

If RESIDENCY Condition Removed

  • Release destination (city)
  • Any known concerns that the disclosure of information may have a negative impact on public safety, including the safety of the offender (refer to the "Disclosure of Information to Victims" section in this CD as relates to subsection 26(1)(c) of the CCRA)
  • E-mail to victims who receive the information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

In all cases:

  • What has changed?
  • Date of change
  • Reason for the change

If change in release conditions (including removal of residency condition):

As soon as the VSU receives the information from the site

If RESIDENCY Condition Removed:

  • Release destination (city) If change in destination, supervision location, radius/territorial boundaries:

Normally three days in advance of change or as soon as possible when the information becomes available (if less than three days):

  • New destination
  • Contact information for VSU if transferred to different region

Change in Sentence Information

(CCRA 26(1)(a)(ii)

Sentence Management

At the time the new sentence calculation has been entered into the Offender Management System (OMS)

  • Offender name and FPS
  • Change in sentence dates
  • List all new sentence dates
  • Reason why new calculation was made
  • Any appeals or quashed sentences

If new convictions:

  • list all new offences
  • applicable sentence
  • court of conviction
  • E-mail to victims who receive information via the Victim Portal
  • Telephone and letter
  • New sentence dates
  • Length of new sentence
  • New conviction(s), if applicable
  • Court of conviction (if applicable)

Death of Offender

(CCRA 26(1)(a)(iii), 26(1)(b)(vii) and CCRR 116)

Parole Officer or his/her supervisor

Normally within five days following the death and only after next of kin has been notified

  • Offender name and FPS
  • Date of death
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • Death of inmate in custody or death of offender under community supervision
  • No further notifications regarding this offender

Deportation/Removal from Canada

(CCRA 26(1)(b)(v))

Parole Officer or his/her supervisor

As soon as information is available

  • Offender name and FPS
  • Date of removal from Canada
  • E-mail to victims who receive information via the Victim Portal
  • Telephone and letter

Within two days of confirmation from CBSA:

  • Date of removal from Canada

Early Discretionary Release (EDR)

(CCRA 26(1)(a)(iv), 26(1)(c)(i),(ii),(iii), 26(1)(d), and 26(1.1))

Institutional Parole Officer or his/her supervisor

At least 18 days in advance of release or immediately when decision is made (if less than 18 days to release)

  • Offender name and FPS
  • Calculated release date
  • Actual (early) release date
  • Release destination
  • Release conditions as they appear on the certificate
  • Reason why information was not disclosed 18 days in advance, if this is the case
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

At least 16 days prior to release, unless not practicable to do so

  • Date of release (EDR notification is done in conjunction with statutory release (SR) notification)
  • Release destination
  • Release conditions
  • Reason why information was not disclosed 16 days in advance, if this is the case
  • Photo of offender (if this is the earliest occurrence of release )

Escape/Fail to Return to Institution

(CCRA 26(1)(b)(vii)), 26(1.2)

Parole Officer or his/her supervisor/ Correctional Manager/Officer in charge of the institution

IMMEDIATELY

when incident occurs

  • Offender name and FPS
  • Date and time of escape
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • Escape/fail to return
  • Whether or not now in custody
  • If NOT in custody, why not
  • Explanation of process for apprehension

Escorted Temporary Absence (ETA)

Decision (medical, court, compassionate, etc.)

(CCRA 26(1)(a)(iv), 26(1)(c)(i),(ii),(iii) and CCRR 9)

Warden's Authority: Chair of CSC Decision Board/Officer in Charge

PBC's Authority: PBC notifies of decision, designate at institution advises of first actual ETA

Immediately following the decision (positive or negative)

  • Offender name and FPS
  • Decision date
  • Decision (positive or negative)
  • Reasons for ETA
  • Destination of ETA (city)

If ETA is authorized

  • Conditions imposed on ETA
  • Supervision requirements of ETA

If one-time ETA

  • Start date and time of ETA
  • End date and time of ETA

If package of ETAs

  • Frequency of ETAs
  • Duration of package (e.g. over next six months OR no end date)
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

If negative decision

  • Only disclose that the ETA was not authorized

If positive decision

  • Date/time of ETA
  • Destination of ETA
  • Duration of ETA
  • Conditions of ETA
  • Reasons for ETA
  • Victim Services Officers (VSOs) must determine each victim's preferences in each case, i.e. if they want notification of the ETA package only or of EVERY individual ETA in the package

ETA (actual occurrence)

(CCRA 26(1)(c)(i),(ii),(iii), 26(1.1) and CCRR 9)

CO II/Primary Worker/ Parole Officer or their supervisor

At least 18 days in advance of ETA or immediately when decision is made (if less than 18 days to ETA)

  • Offender name and FPS
  • Start date and time of ETA
  • End date and time of ETA
  • Reasons for ETA
  • Destination of ETA (city)
  • Conditions imposed on ETA
  • Supervision requirements for ETA
  • Reason why information was not disclosed 18 days in advance, if this is the case
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

At least 16 days prior to release, unless not practicable to do so

  • Date/time of ETA
  • Destination of ETA
  • Duration of ETA
  • Conditions of ETA
  • Reasons for ETA
  • Reason why information was not disclosed 16 days in advance, if this is the case

ETA Permit Cancelled/Changed (date, time, destination, conditions)

(CCRA 26(1.2) and CCRR 9)

CO II/Primary Worker/ Parole Officer or their supervisor

As soon as the ETA is cancelled/ changed

  • Offender name and FPS
  • Original start date and time of ETA
  • Original end date and time of ETA
  • Reasons for ETA
  • Original destination of ETA (city)
  • Reason for cancellation OR AMENDED date/time/destination/conditions
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • ETA cancelled OR updated ETA date/ time/conditions/ destination

Judicial Review – Offender Did Not Apply

(Criminal Code 745.6(2.8))

Institutional Parole Officer or his/her supervisor

As soon as the maximum allowable application period has expired

  • Offender name and FPS
  • Offender did not apply for a judicial review
  • Next date offender can apply, if applicable (default to five years unless otherwise ordered by a judge)
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If victim has requested
  • Send letter – Even if telephone contact was successful
  • Offender did not apply for a reduction in the number of years of imprisonment without eligibility for parole (judicial review)
  • Next date when offender can apply, if applicable

Long-Term Supervision Order (LTSO) End Date

(CCRA 23-27, 26(1)(a)(iii))

Community Parole Officer or his/her supervisor

Normally five days prior to LTSO end date

  • Offender name and FPS
  • Offender reaching end of LTSO
  • Date of LTSO end
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

Victim is notified at least 3 days prior to LTSO end date

  • LTSO end date
  • No longer in CSC supervision/custody
  • Contact will be made with victim if offender returns to federal custody
  • Access to photo of offender is not provided at this time

Photograph of Offender (updated)

CCRA 26(1)(d)

Institution:

Correctional Manager Operations

Community:
Parole Officer Supervisor

When uploading an updated photo of offenders with Victim Notification Flag into the Visual Identification Processor (VIP)

  • Offender name and FPS
  • Date that an updated (subsequent) photo was posted to the offender's OMS file
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If victims do not have access to the Victim Portal
  • Send follow-up letter if requested by victim
  • Date on which an updated photo can be accessed on the Victim Portal
  • (For victims who do not have access to the Victim Portal) Letter containing the date on which the updated photo was uploaded and a hard copy of the new photo

Release on Day Parole, Full Parole,

Statutory Release, Long-Term Supervision Order (LTSO)

(CCRA 26(1)(c)(i),(ii),(iii), 26(1)(d) and 26(1.1)

Institutional Parole Officer or his/her supervisor

At least 18 days in advance of release or immediately when decision is made (if less than 18 days to release)

  • Offender name and FPS
  • Type of release
  • Date of calculated release
  • Date of actual planned release
  • Destination on release (city)
  • Conditions on release as worded on certificate
  • Reason why information was not provided 18 days in advance, if this is the case
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

At least 16 days prior to release, unless not practicable to do so

  • Release date
  • Destination
  • Conditions imposed and standard list
  • Supervising parole office
  • If day parole – leave privileges allowed?
  • If LTSO, end date of LTSO
  • How community supervision works
  • Contact information for VSU
  • Reason why information was not disclosed 16 days in advance, if this is the case
  • Photo of offender (if this is the earliest occurrence of release)
  • Access to photo is not given at beginning of LTSO; access can be given to subsequent photos taken while the offender is supervised on an LTSO

Transfer (including penitentiary placement) to a Medium- or Maximum-Security or Multi-Level Institution OR Movement to a Medium- or Maximum-Security Unit Within a Clustered Institution or Within a Women Offender Institution

(CCRA 26(1)(b)(ii.1))

Institutional Parole Officer or his/her supervisor at sending institution/

Primary Worker

Day of transfer/ movement

(no sooner) or as soon as possible following transfers/ movements that occur after hours

  • Offender name and FPS
  • Offender transferred to another institution/moved to a different unit with a different security classification within a clustered institution or women's institution
  • Destination facility/unit
  • Reasons for the transfer/movement
  • Date of transfer/movement
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • Name and location of new institution/unit within clustered institution or women's institution
  • Summary of reasons for the transfer/movement
  • Date of transfer/ movement

Transfer (including penitentiary placement) to a Minimum-Security Institution OR Movement to a Minimum-Security Unit Within a Clustered Institution or Movement Between the Minimum-Security Unit Outside the Perimeter Fence and any Other Living Unit at a Women Offender Institution

(CCRA 26(1)(b)(ii.2))

Institutional Parole Officer or his/her supervisor/

Primary Worker

At least two working days prior to the transfer/ movement, if possible, or as soon as possible prior to or following the transfer/ movement

  • Offender name and FPS
  • Offender transferred to a minimum- security institution/moved to a minimum-security unit within a clustered site or women's institution
  • Destination facility/unit
  • Reasons for the transfer/movement
  • Date of transfer/movement
  • Reason why information was not provided 2 days in advance, if this is the case
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

At least one working day prior to transfer/ movement, unless not practicable to do so

  • Name and location of new institution/unit within clustered institution or women's institution
  • Summary of reasons for the transfer/movement
  • Date of transfer/ movement
  • Reason why information was not disclosed in advance, if this is the case

Travel Permit Issued

(CCRA 26(1)(c)(iii))

Community Parole Officer or his/her supervisor

At least five days in advance of the travel permit or immediately when decision is made in the case of travel on short notice (if less than five days)

  • Offender name and FPS
  • Travel permit issued/updated for this offender
  • Reasons for this travel permit
  • Departure date and time
  • Return date and time
  • Destination of travel permit
  • Checkpoints
  • Method of travel
  • Reason why information was not provided five days in advance, if this is the case
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

At least three days prior to travel, unless not practicable to do so

  • Start and end dates of travel permit
  • Destination
  • Reasons for travel permit
  • Reason why information was not disclosed three days in advance, if this is the case

Travel Permit Cancelled or Changed

(CCRA 26(1.2)

Community Parole Officer or his/her supervisor

As soon as the travel permit is changed or cancelled

  • Offender name and FPS
  • Reasons for this travel permit
  • Original departure date and time
  • Original return date and time
  • Original destination of travel permit
  • Travel permit cancelled OR updated dates/time/destination/checkpoints/ method of travel
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • Travel permit cancelled OR updated dates/ times/destinations/ checkpoints/method of travel

Unescorted Temporary Absence (UTA) Decision

(CCRA 26(1)(a)(iv), 26(1)(c)(i),(ii),(iii), 26(1)(d), 133(3.1) and CCRR 155)

Warden's Authority: Chair of CSC Decision Board/Officer in Charge

PBC's Authority: PBC notifies of decision, designate at institution advises of decision and first actual UTA, as applicable

Immediately following the decision (positive or negative)

  • Offender name and FPS
  • Decision date
  • Decision (positive or negative)

If positive decision

  • Reasons for UTA
  • Destination of UTA (city)
  • Conditions imposed on UTA
  • For CSC-authority UTAs – Reasons why non-association or geographic restriction conditions are not imposed (if the victim has provided a statement)
  • Supervision requirements of UTA

If one-time UTA

  • Start date and time of UTA
  • End date and time of UTA

If package of UTAs

  • Frequency of UTAs
  • Duration of package (e.g. over next six months OR no end date)
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

If negative decision

  • only disclose that the UTA was not authorized

If positive decision

  • Date/time of UTA
  • Destination
  • Duration of UTA
  • Reasons for UTA
  • Conditions of UTA
  • For CSC-authority UTAs: Reasons why non- association or geographic restriction conditions are not imposed (if the victim has provided a statement)
  • VSOs must determine each victim's preferences in each case, i.e. if they want notification of the UTA package only or of EVERY individual UTA in the package
  • Photo of offender (if this is the earliest occurrence of release)

UTA (actual occurrence)

(CCRA 26(1)(c)(i),(ii),(iii), 26(1)(d), 26(1.1) and CCRR 155)

CO II/Primary Worker/ Parole Officer or their supervisor

At least 18 days in advance of UTA or immediately when decision is made (if less than 18 days prior to UTA)

  • Offender name and FPS
  • UTA permit issued
  • Start date and time of UTA
  • End date and time of UTA
  • Reasons for UTA
  • Destination of UTA (city)
  • Conditions imposed on UTA
  • Supervision requirements for UTA
  • Reason why information was not provided 18 days in advance, if this is the case
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

At least 16 days prior to release, unless not practicable to do so

  • Date/time of UTA
  • Destination
  • Duration of UTA
  • Conditions of UTA
  • Reasons for UTA
  • Reason why information was not disclosed 16 days in advance, if this is the case
  • Photo of offender (if this is the earliest occurrence of release)

UTA Permit Cancelled/Changed (date, time, destination, conditions)

(CCRA 26(1.2), 26(1)(d), 133(3.1) and CCRR 155)

CO II/Primary Worker/ Parole Officer or their supervisor

As soon as the UTA is cancelled/ changed

  • Offender name and FPS
  • Original start date and time of UTA
  • Original end date and time of UTA
  • Reasons for UTA
  • Original destination of UTA (city)
  • Reason for cancellation OR AMENDED date/time/destination/conditions
  • For amended conditions on CSC-authority UTAs – Reasons why non-association or geographic restriction conditions are not imposed (if the victim has provided a statement)
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • UTA cancelled OR updated UTA date/ time/conditions/ destination
  • For CSC-authority UTAs: Reasons why non- association or geographic restriction conditions are not imposed (if the victim has submitted a statement)
  • Photo of offender (except if the cancellation occurs prior to release)

Warrant Expiry Date (WED)

(CCRA 26(1)(a)(iii), 26(1)(b)(vii)), and 26(1)(d)

Sentence Management/ Parole Officer or his/her supervisor

If the offender has not been previously released from CSC custody and is being released on WED:

At least 18 days in advance of WED

If the offender is in the community or has previously been on conditional release:

Normally five days prior to WED

  • Offender name and FPS
  • Offender reaching WED
  • Date of WED
  • Actual release date
  • Any court orders in effect
  • Reason why information was not provided within established timeframe, if this is the case
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

Victim is notified at least 16 days prior to WED (unless not practicable to do so) if the offender has not been previously released OR three days prior to WED if the offender is in the community or has been previously released

  • Date of warrant expiry
  • No longer in CSC supervision/custody
  • Any court orders in effect
  • Contact will be made with victim if offender returns to federal custody
  • Reason why information was not disclosed within established timeframe, if this is the case
  • Photo of offender (if this is the earliest occurrence of release)

Work Release (WR) Package Decision

(CCRA 26(1)(c)(i),(ii),(iii)), and 26(1)(d)

Chair of CSC Decision Board or designate

Immediately when the decision is made (positive or negative)

  • Offender name and FPS
  • Decision (positive or negative)
  • Decision date

If positive decision

  • Destination of WR (city)
  • Reasons for WR
  • Conditions imposed on WR
  • Supervision requirements of WR
  • Frequency of WRs
  • Duration of package (e.g. over next six months OR no end date)
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

If negative decision

  • Only disclose that the WR was not authorized

If positive decision

  • Date/time of WR
  • Destination of WR
  • Duration of WR
  • Conditions of WR
  • Reasons for WR
  • Photo of offender (if this is the earliest occurrence of release)

Work Release (actual occurrence)

(CCRA 26(1)(c)(i),(ii),(iii),
26(1)(d) and 26(1.1))

CO II/Primary Worker/ Parole Officer or their supervisor

At least 18 days in advance of WR or immediately when decision is made (if less than 18 days to WR)

  • Offender name and FPS
  • WR occurrence
  • Start date and time of WR
  • End date and time of WR
  • Destination of WR (city)
  • Reasons for WR
  • Conditions imposed on WR
  • Supervision requirements for WR
  • Reason why information was not provided 18 days in advance, if this is the case
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

At least 16 days prior to release, unless not practicable to do so

  • Date/time of WR
  • Destination of WR
  • Duration of WR
  • Conditions of WR
  • Reasons for WR
  • Reason why information was not disclosed 16 days in advance, if this is the case
  • Photo of offender (if this is the earliest occurrence of release)

Work Release Permit Cancelled/Changed (date, time, destination, conditions)

(CCRA 26(1.2))

CO II/Primary Worker/ Parole Officer or their supervisor

As soon as the WR is cancelled/ changed

  • Offender name and FPS
  • Original start date and time of WR
  • Original end date and time of WR
  • Reasons for WR
  • Original destination of WR (city)
  • Reason for cancellation OR AMENDED date/time/destination/conditions
  • E-mail to victims who receive information via the Victim Portal
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • WR cancelled OR updated WR date/ time/conditions/ destination
  • Photo of offender (except if the cancellation occurs prior to release)

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.