Interception of Inmate Communications
- To provide direction to staff and define the prescribed circumstances under which the lawful interception of communications between an inmate and another person may be requested, authorized and conducted
Applies to managers and staff who authorize and implement lawful interception of inmate communications (telephone conversations, correspondence or communications in the course of a visit)
- The Director General, Technical Services and Facilities, will:
- The Assistant Deputy Commissioner, Institutional Operations, will:
- The Institutional Head's authorities are detailed in the CCRR sections 94 and 95 (found in Annex C of this directive).
- The Institutional Head will also ensure that:
- The Security Intelligence Officer (SIO) will:
- Any CSC staff member that has information that would warrant interception of inmate communications must immediately inform the Security Intelligence Officer of their suspicions.
- Should a Law Enforcement Officer present a judicial or a national security order to any CSC staff member, they must immediately direct and refer them to the SIO or the Institutional Head.
Implied Consent ’ Displaying Signs
- The inmate must acknowledge receipt of the Statement Concerning Private Communications form. Refusal to acknowledge will be noted in the inmate's file. It will in no way limit the use of interception, provided that all other applicable conditions of the law are met.
Express Consent ’ Interception of Private Conversations
Authorization to Intercept Inmate Communications
- Only the Institutional Head or Deputy Warden may authorize interception of an inmate's communications. Authorization to Intercept Inmate Communications (CSC/SCC 1454) must be filled out in its entirety and kept by the SIO.
- The initial interception can only be authorized for a maximum period of 30 days. If required, the interception can be extended for up to 2 additional periods of 15 days. All extensions must be authorized by the Institutional Head or Deputy Warden, prior to the expiry of the existing authorization.
- The Institutional Head or Deputy Warden must maintain a list of persons for whom the interception of communications has been authorized. The inmates should remain on the list only for as long as the grounds for intercepting the communications, pursuant to subsection 94 of the CCRR, continue to be met.
Authorization to Intercept Privileged Communications
(See subsection 94(2) of the CCRR and Annex B.)
- Only the Institutional Head may authorize the interception of privileged communications in the case of an individual listed in Annex B. In the event that the interception is deemed necessary by the Institutional Head, he/she must have reasonable grounds to believe that:
- Privileged communications must not take place in an area that has interception devices installed. If, for any reason, this condition cannot be met, the person will be advised by staff that such a device has been installed but that it will not be activated.
- The Institutional Head must ensure that the Director General, Security Branch, is promptly informed via the Assistant Deputy Commissioner, Institutional Operations, when he/she authorizes the interception of communications in the case of an individual listed in Annex B.
Judicial or National Security Authorization ’ Working with Other Agencies
- The Service will not engage in deliberate interception of communications for another agency unless there is a threat to the security of the institution, to national security, or the safety of any person.
- The terms and conditions of a judicial authorization to intercept communications issued under section 186 of the Criminal Code must be fully complied with. Only the persons named in the authorization to intercept communications are entitled to carry out the interceptions.
- The Institutional Head will:
- The Security Intelligence Officer will:
- Upon review, recordings of intercepted communications performed under judicial or national security authorizations will be transferred onto storage media (CD/DVD) and provided to the Law Enforcement Officer identified in the judicial authorization as having requested the interception. Such releases will be governed by the applicable provisions of the Privacy Act.
Recording, Reporting and Retention of Information
- The SIO will ensure the recording of the communications transferred on storage media:
Use of Information
- The information acquired through an interception activity is for the purpose of preventing acts that would jeopardize the security of the penitentiary or the safety of any person.
- In the event that other information of a personal nature is intercepted, the person conducting the interception is under an obligation to maintain the confidentiality of the communication and ensure that it is used only for the purpose for which it was collected. This is essential in order to maintain the privacy of persons whose communications are inadvertently intercepted.
Information as Evidence
- Records must be kept that clearly identify witnesses who may give proof pertaining to the interception and investigation.
Notify Inmate of Interception
- The inmate will have an opportunity to make a written representation to the Institutional Head with respect to this decision.
Interception System ’ Security of Information
Original signed by:
CROSS-REFERENCES AND DEFINITIONS
CD 085 ’ Correspondence and Telephone Communications
CD 568 ’ Management of Security Information and Intelligence
CD 568-2 ’ Recording and Sharing of Security Information and Intelligence
CD 568-4 ’ Preservation of Crime Scenes and Evidence
CD 568-8 ’ Authority for Use of Surveillance Equipment
Authorization: written approval by the person with the legal right to approve an action.
Evidence: anything that tends to prove or disprove an alleged fact.
Express consent: consent that an individual has given in writing.
Implied consent: indirect indication that one has consented.
Judicial authorization: written order by a judge or judicial officer that permits a law enforcement officer to intercept the communications of a specified person.
National security authorization: written approval of judicial authorization that permits law enforcement officials to intercept the communications of an individual or group of individuals suspected of terrorist activities.
Need to know: information that is pertinent and necessary to an individual performing his/her duties.
Pursuant to CCRR, section 94(2)
Corrections and Conditional Release Regulations (CCRR)
- Subject to subsection (2), the institutional head or a staff member designated by the institutional head may authorize, in writing, that communications between an inmate and a member of the public, including letters, telephone conversations and communications in the course of a visit, be opened, read, listened to or otherwise intercepted by a staff member or a mechanical device, where the institutional head or staff member believes on reasonable grounds
- No institutional head or staff member designated by the institutional head shall authorize the opening of, reading of, listening to or otherwise intercepting of communications between an inmate and a person set out in the schedule[.Footnote *] by a staff member or a mechanical device, unless the institutional head or staff member believes on reasonable grounds:
- Where a communication is intercepted under subsection (1) or (2), the institutional head or staff member designated by the institutional head shall promptly inform the inmate, in writing, of the reasons for the interception and shall give the inmate an opportunity to make representations with respect thereto, unless the information would adversely affect an ongoing investigation, in which case the inmate shall be informed of the reasons and given an opportunity to make representations with respect thereto on completion of the investigation.
- Where an inmate is prevented under subsection (1) from communicating with a person, the institutional head or staff member designated by the institutional head, as the case may be, shall promptly inform the inmate, in writing, of the reasons and shall give the inmate an opportunity to make representations with respect thereto.
For more information
- Government-wide Forward Regulatory Plans
- The Cabinet Directive on Regulatory Management
- The Red Tape Reduction Action Plan
- The Canada–United States Regulatory Cooperation Council
- Date modified :