Correctional Service Canada
Symbol of the Government of Canada

Common menu bar links

Investigation report into the Case of Eli Ulayuk

Warning This Web page has been archived on the Web.

Action Plan

CORRECTIONAL SERVICE OF CANADA'S AND NATIONAL PAROLE BOARD'S ACTION PLANS IN RESPONSE TO THE RECOMMENDATIONS RESULTING FROM THE NATIONAL JOINT BOARD OF INVESTIGATION INTO THE RELEASE AND SUPERVISION OF AN OFFENDER ON FULL PAROLE CHARGED WITH FIRST-DEGREE MURDER OF A PAROLE OFFICER ON OCTOBER 7, 2004 IN YELLOWKNIFE, NORTHWEST TERRITORIES

Community Staff Safety
Correctional Service of Canada
Psychology / Psychiatry and Sex Offender Programs
Other Recommendations


Acronyms

Community Staff Safety

Recommendation Outcome Action Plan Timeframe
1. The BOI considers that the Joint CSC-USGE Advisory Committee on Community Safety, established following the murder of LOUISE PARGETER, is an excellent vehicle for identifying the safety needs of staff. It is essential that this committee be permitted to finish its work and that the recommendations flowing from it be seriously considered for implementation by CSC. The committee should be given permanent status and, following the completion of its current work, it should meet no less than once a year to identify any new issues and to monitor the implementation of its recommendations. The BOI considers it important that all of the committee’s recommendations be brought directly to the attention of the Commissioner and the Executive Committee Members. Completed.
ACOCSS granted permanent status by the Commissioner in September 2005.
N/A N/A
Recommendation Outcome Action Plan Timeframe
2. The BOI recommends that the Advisory Committee adopt a broad approach on issues of community safety. In order to be fully informed about existing high quality safety practices generally, the committee should consult, on relevant issues, with external safety experts, including those from industry. External experts to be invited to attend ACOCSS meetings. Arrange for presentations by industry experts at ACOCSS meetings and debrief ACOCSS on external consultation and information gathered by NHQ staff.

Next meeting of Advisory Committee in April 2006.

Consultation has been completed with police, provinces and other jurisdictions.
Ongoing
Recommendation Outcome Action Plan Timeframe
3. CSC should develop and provide to all community offices procedures for managing incidents in the community which involve the safety of a parole officer or others, which would address:
  • An emergency response plan including contact with police;
  • Accountability of local and district/ regional managers;
  • Timely notification to the employee's family of the situation;
  • Critical incident debriefing.
Completed. All District Directors have indicated that they will have completed all actions required in the A/Commissioner's memo (05.08.30) by end of February 2006. The template for emergency response has been shared with the District Directors. N/A
Recommendation Outcome Action Plan Timeframe
4. The BOI agrees with the current CSC plan to develop a comprehensive Community Safety Policy. The BOI recommends that the issues addressed in this policy include the following:
  • Safety considerations when transferring an offender's case from one parole officer to another;
  • Factors to be taken into account when deciding whether a parole officer who was instrumental in a revocation should continue supervising an offender after he returns to the community;
  • Whether home visits should always be pre-arranged;
  • The use of technology relating to personal safety such as distress alarms;
  • Parole officer accompaniment during home visits (see Rec. 6).
Completed.
Community staff safety guidelines and policies on home visits and community contacts were revised via the A/Commissioner's memorandum and Case Management Bulletin of 05-08-30 and clarified on 06-02-24.
N/A N/A
Recommendation Outcome Action Plan Timeframe
5. The BOI recommends that every parole office have regular local Safety Committee meetings and develop a Safety Plan for the office. The BOI believes that a mandatory feature of every office plan should be a system whereby parole officers are required to sign out when they leave for meetings during the day and indicate where they are going and a time when they expect to be back. It should also include a plan of action for dealing with emergency situations. Specifically, it should address the following:
  • The actions to be taken when a parole officer does not return to the office when expected;
  • Communications with the family members of the staff person involved.
Completed.
See memorandum from A/Commissioner and template. All contingency plans have been updated.
N/A. Also covered in response to #3. N/A
Recommendation Outcome Action Plan Timeframe
6. The BOI recommends that the following policy be adopted by CSC regarding parole officer accompaniment during home visits: The general rule, or presumption, shall be that all home visits by a parole officer (or meetings with an offender in an isolated area) must be accompanied, regardless of the nature of the index offence. Exceptions may be made to this general rule only where the parole officer and his/ her supervisor have reviewed the unique risks inherent in a home visit and are both satisfied that there is no concern about the parole officer's safety.

It may be helpful for the CSC to formulate guidelines about the type of situations where it would be appropriate that an exception to the general rule be considered. For example, this could include visits with offenders who have no history of violence in their background.

The accompaniment may be by another parole officer, a police officer, a security guard, a CRC or CCC staff member, community worker, a trained volunteer, etc.

All parole offices must be adequately staffed in order that this policy may be fully implemented, and no exception should be made to the general rule regarding accompaniment based on the lack of staffing.
Completed.
Refer to memorandum and Bulletin from 05-08-30 from A/Commissioner and clarification dated 06-02-24.
N/A N/A
Recommendation Outcome Action Plan Timeframe
7. The BOI recommends that section 57 of the Standard Operating Practice 700-06 on Community Supervision be amended. It provides that "The majority (more than 50%) of contacts with the offender are to take place in the community (the offender's home or place of work). Any exceptions to this standard must be approved, based on case factors, in advance by the parole officer's supervisor." This section has been subject to different interpretations in the regions. However, the BOI's concern is that, as a result of this section, parole officers may feel compelled to do home visits in all cases. "Community contacts" should, therefore, be given a broader definition and not restricted to the offender's home or place of work. Furthermore, while the BOI fully agrees with the encouragement of community and collateral contacts, it believes that rigid adherence to a "more than 50% rule" detracts from focusing on the quality of supervision. Good quality supervision should focus on assessing the offender's home life, employment situation, use of leisure time, etc through a variety of collateral contacts. Completed.
Refer to Memorandum and Case Management Bulletin of 05-08-30 from A/Commissioner.
N/A N/A
Recommendation Outcome Action Plan Timeframe
8. The BOI considers it essential that all parole officers be provided with adequate communications technology to be able to reach their office and police emergency services from any location where they may be during the course of their work. Completed.
All Parole Officers now have access to cellular phones.



Satellite phones will be available for use in areas where cellular signals are not available.
N/A Satellite phones with GPS Technology under assessment and will be piloted by Technical Services.

Expected to be in place by the summer 2006.
Completed

06-07-31
Recommendation Outcome Action Plan Timeframe
9. The BOI recommends that close liaison be established and maintained between parole offices and local police forces. Written protocols setting out the terms of cooperation between the agencies should be developed locally and communicated to all police and parole officers in that jurisdiction. The police should be regularly encouraged to share any appropriate information they may have about individual offenders that is relevant to assessment of their risk. Each community site will have a written protocol regarding sharing of information and operational cooperation.




Community Corrections Liaison Officers will be in place.
All relevant police forces have been contacted with the majority of MOUs received by Legal Services. 45 MOUs have been signed.

CCLOs are in place in Regina, Hamilton and Halifax. The remaining 14 positions will be in place by June 1st, 2006.



06-06-01
Recommendation Outcome Action Plan Timeframe
10. The BOI recommends that adequate funding be provided in order to ensure that modern substance detection procedures including urinalysis are readily available for use by parole officers and CRC staff in the community. The BOI recommends that CSC community parole officers be instructed to use substance detection procedures provided to them, as a risk management and assessment tool and consistent with the provisions of the CCRA. Adequate funding must be ensured by each level of the organization. Better use of existing community urinalysis program 1. Information received from regions and ready for analysis of results. Requirement for more statistics from PA and ARC. This is a joint review with security. 06-10-31
Recommendation Outcome Action Plan Timeframe
11. During its visit to the Yellowknife Parole Office in November 2004, the BOI noted the absence of virtually any basic security features. The BOI recommends that all community parole offices be designed and equipped in accordance with modern and appropriate Facility Safety Standards that are consistent with the special duties performed by the staff in those offices. Parole offices that currently do not comply with such standards must be renovated without delay. Correction of basic deficiencies emanating from Threat Risk Assessment which were:
1. Controlled waiting area
2. Intrusion Detection Systems
3. Parking Lot/ Other Exterior Lighting
4. Lighting at Entrances/ Egresses
5. Emergency Doors Hardware and Lighting
6. Signage. Work to be completed by April 1, 2006.

Completed.
Yellowknife Parole Office has relocated, as of September 2005.
On track for remedial work in parole offices. Parole Office Facility Standards are completed in draft and consultation has occurred. Currently in the final stages before approval. 06-04-30
Recommendation Outcome Action Plan Timeframe
12. The BOI noted that the Facility Safety Standards for community parole offices that were developed in 1982 have not been implemented in some offices. These standards should be re-examined and updated with input by the Joint CSC-USGE Advisory Committee on Community Safety and in consultation with external experts. Updated draft facility standards developed and approved. Parole Office Facility Standards are in the final stage. 06-04-30
Recommendation Outcome Action Plan Timeframe
13. The BOI recommends that following the updating of the Facility Safety Standards, a comprehensive security review be conducted of every parole office to assess its compliance with those standards. This review should involve input from the local staff. Any identified non-compliance with the standards must be corrected without undue delay Review all facilities against new standards

Remedial work completed.
Conduct review.


Remedial work to be assessed, planned and carried out.
06-09-30


Based on the result of the review.
Recommendation Outcome Action Plan Timeframe
14. The BOI recommends that a "flag" be entered on the Offender Management System to identify offenders who have exhibited assaultive, threatening or other potentially dangerous behaviour towards staff or others such as visitors or volunteers, in the institutions, or towards others in similar roles in the community. Completed.
Case Management Bulletin New Alert in OMS-Staff Safety Considerations issued on 05-08-11.
N/A N/A
Recommendation Outcome Action Plan Timeframe
15. The BOI agrees with the current CSC plan to provide a mandatory three-day course to community staff on Safety and Personal Awareness. The BOI recommends that the content of this course be reviewed with police officials and other external safety experts in order to ensure that it reflects best practices. The course should be made available to all community staff including parole officers, managers, administrative staff, CRC staff and volunteers. A refresher course should be provided at regular intervals. New staff should be required to take this course before they start meeting alone with offenders. The Community Personal Safety Training is mandatory for community POs, senior POs, Program Delivery Officers and psychologists employed by CSC. The course was designed by consulting the Metro Toronto police training program. On target for the annual refresher training component which is under the responsibility of Learning and Development. New program to be implemented in 2006-07. In the meantime, the Safety Training remains available for new staff.

Revision of the New employee Orientation Program to include personal safety as a topic for all CSC non-CX employees.

Issue of training contractual employees and volunteers is being explored with Legal Services to avoid the employer-employee relationship when delivering training to non-CSC staff.
Implementation during 2006/07 2007-2008 06-03-31
Recommendation Outcome Action Plan Timeframe
16. The BOI recommends that the current Initial Parole Officer Training Program be reviewed and reorganized. Currently, institutional and community parole officers are given the same generic program despite the significant differences in their responsibilities. The BOI recommends that consideration be given to conducting the program in two parts. The first part would be for all parole officers while the second part would separately deal with each group of parole officers and address the special responsibilities of their positions. Revised skills based Parole Officer Orientation Program developed and implemented CSC is revising the PO Orientation Training Program requiring significant changes to the current program. Proposed Parole Officer Orientation Training Program is to be skills based Following completion of the core skills, separate specific modules will be developed that will focus on the unique aspects of the POs job, for the following areas: Intake assessment, institutional supervision, risk assessment and case preparation, community supervision. Implementation in 2007/ 08
Recommendation Outcome Action Plan Timeframe
17. The BOI recognizes that the development of high quality clinical skills in parole supervision and risk assessment must be an on-going process that does not end with the completion of formal training. The BOI believes that parole officers can benefit substantially from the regular exchange of ideas and experiences from others in the field. To promote such on-going learning process, the BOI recommends the establishment of Regional "Professional" or "Clinical" Committees for CSC community staff. The BOI notes that parole officers in the Province of Quebec find such committees helpful and that they were recommended in the Wozniak Report. Clinical supervision model is implemented across CSC in community and institutions A comprehensive strategy on Clinical Supervision is under development for presentation to EXCOM. TBD
Recommendation Outcome Action Plan Timeframe
18. The Correctional Service of Canada should ensure that, prior to the release of an offender to the community, the parole officer who will be responsible for the supervision be given adequate time to thoroughly review and familiarize himself/herself with the offender's files, paying particular attention to any safety concerns related to supervision in the community. In some cases, notably Life sentences or long sentences, this will require significantly more time.   Addressed in response to #19 N/A
Recommendation Outcome Action Plan Timeframe
19. The BOI recommends that the parole officer Workload Formula be reviewed by the CSC and changes made to reflect a number of realities including the following:
  1. The special needs of small offices that can be seriously impacted by events such as staff leaves.
  2. The need for additional time for intensive supervision of some offenders.
  3. The need to take into account the reality that different parts of the country have different offender profiles. For example, the BOI was told that a disproportionally high number of the offenders in the Northwest Territories have been convicted of sex offences and offences involving serious violence. Such offenders require more intensive and time consuming supervision.
Revised Workload Formula. Revised workload formula reviewed and approved. Funding for 2006-07 will be based on the revised model. Indicators involve significant increase of allotted time for file review N/A
Recommendation Outcome Action Plan Timeframe
20. The BOI recommends that whenever possible Correctional Service of Canada community supervisors do not transfer an offender's case from one officer to another when the offender is in a crisis situation, except when the transfer will contribute to a reduction to the level of risk to the community and/or the supervising parole officer. Completed.
Case Management Bulletin from A/Commissioner on 05-08-30
N/A N/A

Correctional Service of Canada

Recommendation Outcome Action Plan Timeframe
21. All Correctional Service staff, who have responsibility for assessment, release recommendations, and supervision in the community should receive specialized training to identify indicators related to potential violent sexual behaviours. This includes managers who co-sign reports in the institution and the community. All Parole Officers received three day training on sex offenders in 2004-05 and on violent offenders in 2003-04. All Supervisors and psychologists to participate in sex offender training module from Parole Officers Continuing Development training. 2006/ 2007
Recommendation Outcome Action Plan Timeframe
22. Following the revocation of parole and the return of an offender to an institution there should be a new intake assessment done and the correctional plan re-evaluated. Completed:
Policy amended to require full intake assessment is completed on all offenders whose sentence started priorto 1994, whose conditional release has been revoked.
   
Recommendation Outcome Action Plan Timeframe
23. CSC should review the clinical support offered to institutional parole officers and modify the existing review process for Assessments for Decision prepared for offenders serving long sentences. This will aid in ensuring a comprehensive review and analysis of the risk factors is completed and documented. Implementation of Clinical Supervision nationally, in institutions and community. 1. Following EXCOM decision on institutional infrastructure, an action plan for the implementation of clinical supervision in the institution could be developed.

2. If concept is approved, the institutional clinical supervisors training will be developed by April 2007 and training will begin next fiscal year.
2007/ 2008
Recommendation Outcome Action Plan Timeframe
24. CSC should separate the institutional role of assessment for release from the case management role of intervention and counselling.   Pilots may be an option, but further discussion is required at EXCOM on correctional management infrastructure and deployment studies.  
Recommendation Outcome Action Plan Timeframe
25. CSC's case management files for long-term offenders (in this case 17 volumes) should be consolidated or reorganized to eliminate lengthy repetitive reports and administrative documents, to reduce the volume of information and allow the parole officer and of the files include the following:

The CSC should develop a chronology document particularly in the case of offenders serving long sentences. The document wouldhighlight the major events and decision points in the offender's file and would resemble a BOI chronology report. A similar recommendation has been made for the NPB.

A comprehensive description of the offence and the offender's background should be set out upon admission to the institution. This document should be a stand alone document that can be referred to but not repeated in subsequent reports.
  1. change structure of file Files streamlined to eliminate administrative documents and unnecessary duplication of reports
  2. Chronologies Chronologies for long-term offenders and lifers available.
  3. Criminal Profile Enhancements made to CPPR content guidelines.
a. change structure of file
  1. Evaluation of files and proposals for streamlining reports is in process.
  2. Proposed changes to be evaluated by Reintegration Divisions.
  3. The proposed changes to CSC reports will be shared with the NPB for consultation.
  4. Recommendations made to Executive Committee.
  5. Policy changes to reflect EXCOM decision
  6. Implementation of Executive Committee decision.

b. Chronologies To be developed and proposed during the streamlining of case management files project coordinated by the IRO Division.

c. Criminal Profile The recommendation above describes the Criminal Profile Report and its current status as a stand alone document. To enhance the recommendation, amendments will be made to all content guidelines regarding reports prepared for release decisions to refer the reader to the Criminal Profile Report
06-06-30
06-06-30 06-09-30
06-06-30 Completed
Recommendation Outcome Action Plan Timeframe
26. CSC should enhance the training, mentoring and clinical supervision of parole officers to develop the ability to synthesize and analyse complex information held on offenders serving long sentences. Implementation of clinical supervision in community and institutional settings. Clinical supervision training is currently provided to both community and institutional PO supervisors. see recommendation 16 and 23

A revised community clinical supervision course, "Supervision Community Professionals" has been developed will be piloted in March 2006. This course includes a strong component of the clinical supervisor's role in risk assessment. The program will be delivered to community Section supervisors in 2006-2007.
2006/ 2007
Recommendation Outcome Action Plan Timeframe
27. CSC should require an annual review of the documentation held on the file of offenders serving long sentences and ensure that any outstanding documents are obtained. If the information is unavailable, the reasons why should be clearly documented. Completed.
Policy amendment requiring annual review of Critical Document Checklist by institutional Parole Officers promulgated.
   
Recommendation Outcome Action Plan Timeframe
28. The content requirements for Assessments for Decision should be reviewed by CSC. The BOI recommends the Assessments for Decision include the following:
  1. Information regarding the index offence. (The Assessment for Decision should refer to the stand alone document setting out the offence and background of the offender.);
  2. Judges comments;
  3. A summary of the psychological and psychiatric information in the file and an assessment indicating any divergent professional opinions and their rationale;
  4. The offenders' specific treatment gains rather than program participation while in the institution and community should be described. An analysis of any high risk behaviours or patterns observed during his sentence including any previous failures on release.
Completed.
Policy changes made and promulgated.
   
Recommendation Outcome Action Plan Timeframe
29. Correctional programs should be redefined to focus on competencies and observed changes to behaviour, rather than just completion. Maintenance programs should be viewed as part of the continuum of programming. Methods should be developed to incorporate program information into the overall assessment of risk as a measure of changed behaviour. Completed.
Existing standards require correctional programs to focus on competencies, and maintenance is part of the continuum of programming. Existing policy requires staff to Integrate program information into their analysis of risk reflecting measured changes in behaviour.
N/A  
Recommendation Outcome Action Plan Timeframe
30. CSC should enhance its intelligence capacity to identify and analyze patterns of potential violent sexual behaviour patterns both in the institution and community. The resulting information should be provided to parole officers with the responsibility for the case. CSC will increase its intelligence capacity through reviewing and adapting current initiatives within CSC and in other jurisdictions. 1. Evaluate the CSC-RCMP Behavioural Science Group Joint Initiative in Pacific Region for success in meeting gaols and suitability for use nationally.

2. If judged feasible, introduce similar models in all regions
06-09-30 07-04-01
Recommendation Outcome Action Plan Timeframe
31. CSC should develop a management model for small community offices. Resourcing should allow for adequate expertise, supervision and support of parole officers related to risk management. It should also balance the manager's responsibility for administrative issues such as staff safety and training. Development of a small office management model. Additional funds available with the implementation of the District Infrastructure to address small office issues. To be reassessed in September 2006. 06-09-30
Recommendation Outcome Action Plan Timeframe
32. The CSC has issued a bulletin entitled Management of Violations of Conditions, Increased Risk in the Community 2005-03-01 regarding the assessment of risk in the community. The BOI recommends that this direction be further refined to direct staff that when evaluating high risk behaviours, particularly of sex offenders, ongoing behaviour patterns in the institution as well as on previous releases in the community should be considered. Case Management Bulletin on Management of Violations of Conditions/ Increase in Risk with recommended addition has been incorporated into draft policy on Post-Release Decision Process as an Annex: Risk Assessment Framework. Policy to be promulgated 06-04-30
Recommendation Outcome Action Plan Timeframe
33. CSC should examine the unique issues related to Lifers and long-term offenders and develop a strategy for supervision and responses to breaches. The draft policy on Post-Release Decision Process as an Annex: Risk Assessment Framework requires a rigorous analysis in cases of breaches of conditions by offenders who have committed an offence (current or previous) causing death or serious harm (including sexual offences). Additional reinforcement of this policy will be included in the second phase of the Clinical Supervision course for front-line community supervisors. See response to 26 and 32.  

Psychology / Psychiatry and Sex Offender Programs

Recommendation Outcome Action Plan Timeframe
34. The BOI has reviewed all of the recommendations made by Dr. Stephen HUCKER and Dr. Ralph SERIN in their reports and fully agrees with them. The BOI recommends that these suggestions be implemented by CSC and NPB      
Recommendation Outcome Action Plan Timeframe
a. With the proliferation of risk scales … CSC may need to revisit the issue of specialized risk assessment training. Implementation of a clear definition of the training and experience required to assess sex offenders' risk or to deliverprogramming or counselling to sex offenders and revised training programs and contracting procedures to ensure staff and contract psychologists have the necessary training and experience. 1. Establish clear definition of the required training and experience required to assess sex offenders' risk or to deliver programming or counselling to sex offenders.

2. Review all staff psychologists against this definition, and revise contract RFPs to reflect the same definition.

3. Implement training standard of five days per year for staff psychologists.

4. Deliver the PO continuous training module on sex offenders as well as risk assessment training as part of the first year's training to psychologists.
06-06-30
06-06-30
06-06-30
07-03-31
Recommendation Outcome Action Plan Timeframe
b. the issue of training and oversight ... provided through a clinical supervisor... [there is a need for] an accountability model."   1. Senior psychologist, NHQ, will develop a framework for documenting clinical supervision of psychologists, and update the Guidelines for Supervision document. 06-06-30
Recommendation Outcome Action Plan Timeframe
c. [regarding the use of actuarial scales by psychologists in the assessment of risk]: "there needs to be some national integration of such activity." The Psychology Manual will be modified to include reference to the specific procedure/ policy changes recommended by the BOI. 1. The Senior Psychologist, NHQ will modify the Psychology Manual to include reference to the specific procedure/ policychanges.

2. The Senior Psychologist, NHQ will send CSC psychologists a bulletin advising them of the change in the Psychology Manual.
06-03-31 06-03-31
Recommendation Outcome Action Plan Timeframe
d. Need to revisit referral criteria for parole assessments to permit improved resource allocation Completed. NPB and CSC have agreed on revised criteria for conducting psychological assessments for parole decision-making. Policy reviewed and approved.    
Recommendation Outcome Action Plan Timeframe
e. Need for a method to deal with discordant opinions (OMS template)   See recommendation 34 c)  
Recommendation Outcome Action Plan Timeframe
f. Need for mechanism for staff to have access to knowledgeable experts for case consultation   See recommendation 34 a)  
Recommendation Outcome Action Plan Timeframe
g. Need to highlight functional analysis in criminal behaviour over the duration of the sentence to inform programming and supervision strategies   See recommendation 34 c)  
Recommendation Outcome Action Plan Timeframe
35. The BOI recommends that external/ internal reviews or audits be conducted periodically to ensure that the programs described in official program descriptions at the xxxxxxxx xxxxxxxxxxx xxxxxxxxx are in fact being provided as described and in accordance with contemporary professional standards. Completed. All rehabilitation programs are subject to a process of accreditation. This practice ensures that programs are in accordance with current research and are designed in accordance with current professional standards. This is assured through examination of the program by an independent panel of researchers and practitioners. N/A  
Recommendation Outcome Action Plan Timeframe
36. The BOI recommends that there be an internal and external review of the xxxxxxx Sex Offender Assessment and Treatment Program at the xxxxxxxx. Completed. The xxxxxx Program received accredited status in 1998 and 2004, and its next scheduled review is in 2006. N/A  
Recommendation Outcome Action Plan Timeframe
37. The training and credentials of risk assessors employed by CSC need to be reviewed to ensure that they have sufficient experience with the types of offenders (in particular, sex offenders) they are invited to evaluate.   See recommendation 34 a)  
Recommendation Outcome Action Plan Timeframe
38. The training and credentials of psychologists who provide counselling to sex offenders in the institutions and in the community, need to be reviewed to ensure that they have sufficient experience and knowledge in dealing with sex offenders.   See recommendation 34 a)  
Recommendation Outcome Action Plan Timeframe
39. CSC should review the responsibilities of contractual psychologists (in the institution and in the community) to ensure that their contract specifically indicates that they are responsible at all times to ensure that the counselling provided to offenders (specifically sex offenders) addresses the specific motivation for the index offence as specified in the CD 840 Psychological Service.   Contract RFPs will be revised to include reference to giving appropriate consideration in treatment of sex offenders to targeting issues related to criminal behaviour, including the motivation for the index offence. 06-03-31
Recommendation Outcome Action Plan Timeframe
40. The roles and functions, training and experience of psychiatrists associated with sex offender programs offered by CSC should be re-evaluated, using appropriately experienced external consultants if necessary. Psychiatrists are not associated with CSC sex offender programs. In the case under investigation, a psychiatrist was required to write a discharge summary from the mental health facility where the offender had participated in a sex offender program. N/A  
Recommendation Outcome Action Plan Timeframe
41. Risk assessors should be provided with all CSC files when preparing their assessments, and sufficient time (and associated and appropriate funding) must be provided to ensure that these files are adequately reviewed.   See recommendation 34 c)  
Recommendation Outcome Action Plan Timeframe
42. CSC should develop and implement a standardized psychological assessment protocol which would require all psychologists to address specific issues such as sexual fantasies. It would also include self-reference questions to ensure consistency throughout the case (for example has the offence cycle been addressed and is there a discordant opinion).   See recommendation 34 c)  
Recommendation Outcome Action Plan Timeframe
43. The BOI recommends that when an offender is admitted to a sex offender assessment and treatment program, a thorough review of all background information be conducted by experienced staff who have been trained and are familiar with the pathological phenomena involved. The offender's consent to release all external assessments including relevant hospital reports should be requested. Every effort should be made to obtain any information that could be of assistance in the offender's treatment and assessment. Current sex offender program standards require a review of relevant background information as part of the assessment of sex offenders. The collection of any information required to conduct thorough sex offender assessments is covered by case management policy on information collection. N/A See recommendation #60 and 61 regarding information collection.  
Recommendation Outcome Action Plan Timeframe
44. An offender's refusal to consent to the disclosure of information that could be of assistance in his/ her treatment and assessment should be noted and taken into account in any subsequent risk assessments. Risk assessments should also make reference to any relevant information that was not available for any other reason and address the significance of the missing information. Completed. For risk assessments completed by POs, clear direction in policy to document offender's refusal to give consent to obtain information not available to CSC including the significance of the fact that such information is unavailable for the completion of the risk assessment.    
Recommendation Outcome Action Plan Timeframe
45. The BOI recommends that the CSC conduct further extensive research on the most effective methods for the diagnosis and treatment of paraphilias, including sexual sadism and necrophilia. The research should include drug treatment. Knowledge gained from this research should be widely distributed to professionals throughout the correctional system. The research should include drug treatment and conditions under which offenders with such disorders could possibly be safely managed in the community. Proceedings from Experts Research Forum on the Diagnosis and Treatment of Paraphilias and a Research Report on Reintegration of offenders diagnosed with paraphilias. 1. Host an international experts research forum on diagnosis and treatment of paraphilias

2. Compile proceedings of experts research forum

3. Conduct a focused study on the reintegration of offenders diagnosed with paraphilias
06-10-31
07-03-31 07-03-31

Note - Recommendations 46-56 apply to National Parole Board.

Other Recommendations

Recommendation Outcome Action Plan Timeframe
Inuit Offenders
57. CSC and NPB should expand training to staff and NPB Members related to Inuit culture and history, as distinct from First Nations. Training on unique aspects of Inuit culture and history is available to CSC staff. 1. Develop training module specific to Inuit offender issues for delivery to CSC staff and sharing with NPB.

2. Delivery of training.
2006/ 2007
2007/ 2008
Recommendation Outcome Action Plan Timeframe
58. CSC and NPB should develop an appropriate statistical risk assessment tool specifically for Inuit offenders. Construction, Validation and Field Testing completed for a Risk Prediction Table (RPT) applying to male Inuit Offenders Research report written 07-03-31
Recommendation Outcome Action Plan Timeframe
59. CSC should continue development and implementation of the Kajusiniiq Action Plan in consultation with NPB and conduct a study on Inuit offenders including examination of the following areas:
  • The need for a special institution for Inuit offenders;
  • Strategies for reintegration with their community;
  • Most effective treatment approaches.
Work continues on the Kajusiniiq Action Plan in line with the BOI's input. 1. Implementation of Inuit Action Plan on Population Management

2. Creation and staffing of an Inuit specific desk within the Aboriginal Initiatives Branch at NHQ.

3. Development of strategy addressing accommodation and reintegration to be done within a broad Northern Corrections Strategy

4. Continued consultation with Inuit communities and offenders for improved strategies for Inuit offenders' reintegration into their home communities.
07-03-31 06-03-31 07-03-31 Ongoing
Recommendations and Analysis Regarding Information Gathering by the CSC
60. The BOI recommends that SOP 700-02 be amended to clearly extend the CSC requirement to obtain any psychiatric, psychological, or other assessments filed with a court pre-trial. Completed. Draft CD 705-2 on Information Collection has been amended.    
Recommendation Outcome Action Plan Timeframe
61. The BOI recommends that the necessary policies and practices be put in place in order to ensure that requests by CSC officials for an offender's consent to release hospital records, that are considered to be important for the administration of his sentence, be continued throughout his sentence. Any refusal by the offender to release relevant information should be clearly noted in any risk assessment and at program termination, and the significance of the fact that such information is unavailable should be addressed. Completed. Policy amendments promulgated.    
Recommendation Outcome Action Plan Timeframe
62. The BOI recommends that SOP 700-02 be amended to make it clear that trial transcripts may be obtain in cases where they are considered essential for the administration of the sentence, in addition to those cases where they are required pursuant to section 10(c)(iii). Completed. Policy amendments promulgated.    
Recommendation Outcome Action Plan Timeframe
63. Constant education is required for the police, judges, and Crown Attorneys about the importance of providing all relevant information about offenders and offences to the CSC. The CSC and the NPB should be actively involved in educational programs for these officials, at all levels, and including at continuing-education conferences, and new member orientation courses. Cases such as ULAYUK's could be used to illustrate the point. Implementation of a training module for the ongoing education of police, judges and crown attorneys which would stress the importance of sharing of all relevant information about offenders and their offences. 1. Determine what training is currently provided to police, judges and crown attorneys - as related to the sharing of information regarding an offender

2. Determine what opportunities exist to provide training - for example annual Chiefs of Police fora.

3. Consult with Justice - viability of including information sharing as part of federal judge training

4. Consult with RCMP and major police forces as to viability of including information sharing as part of training programs

5. Develop, test and implement a training module
06-08-31
06-08-31
06-08-31
06-08-31
07-03-31
Recommendation Outcome Action Plan Timeframe
64. Protocols should be formalized between the CSC/ NPB and the police and prosecuting authorities. This should be done at all levels, including at the Federal, Provincial, and Territorial ministerial level, as well as the regional and local levels. Completed. CSC has agreements for obtaining court-related information with all provinces and territories. See recommendation #9 regarding agreements with police N/A
Recommendation Outcome Action Plan Timeframe
65. Specific action should be taken by the CSC in cases where Section 743.2 of the Criminal Code has not been complied with. Such action could include the following:
  • Communicating with the individual judges concerned and requesting the information;
  • Bringing problems of non-compliance to the attention of Senior, Regional, or Chief Judges;
  • Bringing applications in Superior Courts to compel compliance with Section 743.2 of the Criminal Code;
  • Submitting complaints to regulating bodies.
  1. Identification of Requirements

2. Consultation with regions/ districts/ institutions

3. Drafting of the CD/SOP

4. Implementation of the CD/SOP
06-03-31


06-06-31


06-10-31

06-12-31
Recommendation Outcome Action Plan Timeframe
66. The CSC/ NPB should request Federal, Provincial, and Territorial legislators to consider appropriate new laws, similar to section 743.2 of the Criminal Code, that would also require police and prosecutors to provide CSC with information relevant to administering sentences.      
Recommendation Outcome Action Plan Timeframe
67. The CSC/ NPB should bring to the attention of the Minister of Justice of Canada the findings and recommendations of this BOI that deal with information sharing.      
Recommendation Outcome Action Plan Timeframe
68. CSC should examine the practices of all intake units to determine whether the type of information, as was identified by the BOI, to be missing in ULAYUK's case, would currently be obtained for new homicide and sexual offence cases entering the system. The type of information identified as missing was:
  1. pre-trial psychiatric assessment
  2. psychological and psychiatric reports prepared by experts who testified at trial
  3. information about a confession to an acquaintance
  4. evidence of his intoxication at the time of the offence.
Policies amended regarding a and b. The suggestions regarding c and d are not easily integrated.
CSC will amend its policy to include the collection of any psychological or psychiatric reports used during the court process. Where the reports are not available through the court, trial transcripts will be requested.

The information regarding a confession or the evidence of intoxication level is likely to be information owned by the police and if not a part of an official police report, not likely to be shared with CSC. If CSC is not aware of the information, it is impossible to know to request it. CSC obtains police information through specific reports and documents prepared for courts through police reports. If not complete, CSC does not have the capacity to know what is missing from a police report. Where CSC is made aware that information is missing, its collection will be pursued.
06-03-31
Recommendation Outcome Action Plan Timeframe
69. CSC should take steps to ensure that the type of information, as was identified by the BOI, to be missing in ULAYUK's case, is obtained retroactively for homicide and sexual offence cases currently in the system. Completed. Policy changed requiring Parole Officers to review CDC annually. Review all files for offenders serving a sentence for a sexual offence and homicide to determine that required information has been obtained. 06-12-31
Future Boards of Investigation
70. CSC and NPB should improve the Board of Investigation process by:
  • Ensuring staff and NPB Members are thoroughly prepared for interviews and recognize the importance of the process;
  • Providing notice in advance to staff and NPB Members about the areas to be explored by the BOI;
  • Providing timely access to the case file;
  • Providing explanations and clarification of the process and intent of S.13 notices;
  • More widely distributing recommendations and summaries of BOI reports throughout CSC and NPB to be used as a learning tool;
  • Providing appropriate ongoing administrative support to the BOI.
The investigation process will allow persons who are being interviewed to understand the importance of investigations and better prepare themselves for interviews, and the results of investigations will be widely disseminated to staff and managers. Legal Services have now developed guidelines to help CSC staff prepare for interviews. Focus group completed. Final version being prepared. Available to staff by March 31.

Revise standard procedures for investigations to include: earlier and more detailed notification of investigation to be sent to operational unit(s), to help better prepare relevant CSC staff for the interview and to make arrangements to review relevant documentation before being interviewed. Draft has been prepared and awaits approval.

Issue detailed guidelines to explain the Section 13 process to staff. Documents are finalized and at translation.

Expand on existing semi-annual reports on investigations convened under s. 19 of CCRA to cover all national investigations anddistribute these reports more widely.

Staffing underway to create a better capacity to support BOIs in their work.
06-03-31 06-03-31 06-03-31 06-06-30 06-06-01
Monitoring and Implementation of Recommendations
71. The BOI recommends that after 12 month from receiving this report, an independent body or person be appointed to review the extent to which the recommendations set out in this report have been implemented by the CSC and the NPB. The option remains open to publish a response report at the same time as the Board of Investigation's report is released. Discussions underway to determine appropriate way to review and report on CSC progress in one years time Ongoing

Acronyms

ACOCSS
Advisory Committee on Community Staff Safety
ARC
Addictions Research Centre
BOI
Board of Investigation
CCC
Community Correctional Centre
CCLO
Community Corrections Liaison Officer
CCRA
Corrections and Conditional Release Act
CD
Commissioner's Directive
CDC
Case Documentation Checklist
CPPR
Correctional Plan Progress Report
CRC
Community Residential Centre
CSC
Correctional Service Canada
CX
Correctional Officer
EXCOM
CSC's Executive Committee
GPS
Global Positioning system
IRO
Institutional Reintegration Operations
MOU
Memorandum of Understanding
NHQ
National Headquarters
NPB
National Parole Board
OMS
Offender Management System
PA
Performance Assurance
PO
Parole Officer
RCMP
Royal Canadian Mounted Police
RFP
Request for Proposals
RPC
Regional Psychiatric Centre
SOP
Standard Operating Practices
USGE
Union of Solicitor General Employees

Reviewed by ATIP Division, Correctional Service of Canada