Commissioner's Directive

POLICY OBJECTIVES

1. To support the fair and expeditious resolution of offender complaints and grievances at the lowest possible level in a manner that is consistent with the law.
2. To ensure that the legal obligation to provide timely and impartial resolution of offender complaints and grievances is met.

AUTHORITIES

3. Canadian Charter of Rights and Freedoms
4. Corrections and Conditional Release Act, sections 90 and 91
5. Corrections and Conditional Release Regulations, sections 74-82
6. Canadian Human Rights Act
7. Official Languages Act
8. Federal Courts Act

APPLICATION

4. This Commissioner’s Directive applies to staff involved with offender complaints and grievances as well as offenders engaged in the complaint and grievance process.

RESPONSIBILITIES

5. The Assistant Commissioner, Policy, has the authority to develop guidelines that must be followed with reference to the offender complaint and grievance process.
6. Decision makers at all levels will ensure that grievors are provided with complete, documented, and timely responses to all issues that pertain to the subject of the initial complaint or grievance.
7. Decision makers at all levels will establish a process to monitor compliance with this directive.
8. When responding to complaints and grievances, decision makers at all levels will ensure that grievors are provided the services to which they are entitled under the Official Languages Act.
9. The decision maker will ensure that any materials or documentation, including audio and video tapes, that are used in the analysis of a complaint or grievance, are protected and available for review in the event of a subsequent submission by the grievor or an application for judicial review of the third-level decision.
10. The Institutional Head, or District Director, will ensure that:
    1. offenders have complete access to the offender complaint and grievance process without negative consequences;
    2. all staff are provided training concerning the complaint and grievance process and its requirements and importance;
    3. alternative dispute resolution mechanisms are available to facilitate the informal resolution of offender complaints and grievances and staff make every effort to resolve offender issues using these mechanisms;
    4. there is a staff member designated to complete the duties associated with the Grievance Coordinator position;
    5. complaints and grievances submitted by offenders in general population are collected every working day; and
    6. complaints and grievances submitted by segregated offenders are collected and assessed daily. This includes weekends and any designated holidays.
11. Grievors will:
    1. use the complaint and grievance process as a means of redress when they believe that they have been treated unfairly, or in a manner that is not consistent with legislation or policy on matters within the jurisdiction of the Commissioner; and
    2. make every effort to use alternative dispute resolution mechanisms as a means of resolving issues that are of the subject of a complaint and/or grievance, where such mechanisms exist.

PROCEDURES

Levels of the Complaint and Grievance Process

12. The complaint and grievance process includes four levels: written complaints, first-level, second-level, and third-level grievances.
13. Where an offender is dissatisfied with an action or a decision by a staff member, the offender may submit a written complaint, preferably on the form provided by the Service. The initial submission will be at the complaint level unless otherwise indicated in this directive or unless the supervisor of the staff member in question is the Institutional Head, the Regional Deputy Commissioner or the Commissioner.
14. An offender being supervised in the community may submit a complaint or grievance to his/her Parole Officer or to the designated staff member within the parole office, community residential facility or Community Correctional Centre.
15. The decision of the Commissioner or his/her delegate constitutes the final stage of the complaint and grievance process. Grievors who are not satisfied with the final decision of the complaint and grievance process may seek judicial review of the third-level grievance decision at the Federal Court within the time limit prescribed in subsection 18.1(2) of the Federal Courts Act.

Institutional Grievance Coordinator/Clerk

16. The Institutional Grievance Coordinator/Clerk will:
    1. upon receipt of a complaint or grievance, assign a code to, determine the priority level of, and record the complaint or grievance in the Offender Management System as per GL 081-1 – Offender Complaint and Grievance Process;
    2. ensure that complaints or grievances which significantly impact or infringe on an offender’s rights and freedoms are designated as high priority; and
    3. ensure that complaints or grievances of a sensitive or urgent nature are immediately brought to the attention of the Institutional Head. This includes harassment and discrimination grievances.

Timeframes

17. An offender should normally submit a complaint or grievance for the first time within 30 calendar days of becoming aware of the action or decision being grieved. The decision maker may extend this timeframe.
18. Decision makers will render a decision with regard to complaints and grievances in the following timeframes:
    
    Complaint, First Level and Second Level
    • High Priority – Within 15 working days of receipt by the Grievance Coordinator.
    • Routine Priority – Within 25 working days of receipt by the Grievance Coordinator.
    Third Level
    • High Priority – Within 60 working days of receipt by the Grievance Coordinator.
    • Routine Priority – Within 80 working days of receipt by the Grievance Coordinator.
19. Where a grievor is not satisfied with the response at any level, he/she may submit the grievance to the next level, normally within 20 calendar days of receiving the response.
20. If the Institutional Head, the Regional Deputy Commissioner or the Director, Offender Redress, considers that more time is necessary to deal adequately with a complaint or grievance, the grievor must be informed, in writing, of the reasons for the delay and of the date by which the decision will be rendered.

Offenders in Segregation/Cell Confinement

21. On admission to segregation or when placed on cell confinement status, offenders must be informed that they can submit complaints and grievances about segregation, confinement conditions and treatment. They will also be provided with access to complaint and grievance forms as well as the Institutional Grievance Coordinator where required.
22. The Institutional Head must ensure that complaints and grievances submitted by segregated offenders and those on cell confinement are collected and reviewed daily. Complaints and grievances classified as high priority, as defined in Annex A, will be brought immediately to the attention of the Institutional Head or Officer-in-Charge of the institution.

Group Complaints or Grievances

23. A complaint or grievance may be submitted by a group of grievors but the submission must be signed by all grievors involved. One grievor must be designated to receive the response for the group as well as any other correspondence related to the complaint or grievance.

Combining Complaints or Grievances

24. 24. When a grievor submits two or more complaints or grievances in reference to a similar issue, the decision maker may choose to address all of the issues in one response. When this is done, it is necessary to identify each of the complaints and grievances being addressed in the response.

Rejection of Complaints or Grievances

25. If portions of a complaint or grievance are considered frivolous, vexatious or not made in good faith, or offensive, the decision maker may reject the entire grievance or portions thereof, indicating the reasons for this decision.
26. Where any element of the complaint or grievance relates to an urgent matter, the decision maker must respond to that portion within the required timeframes.
27. The grievor is entitled to grieve a decision to reject his/her complaint or grievance.

Multiple Grievors

28. A multiple grievor is one who submits so many complaints and/or grievances that the volume impacts on the capacity of the Service to respond to complaints and/or grievances by other grievors or hinders other grievors' access to the process at that site.
29. A grievor may be declared a multiple grievor by the Institutional Head, or delegate, when an assessment is made based on local complaint and grievance information and the determination is validated statistically.
30. The offender must be informed, in writing, by the decision maker that a multiple grievor status is being considered. The offender must be provided with the information that will be used to determine the designation in accordance with GL 081-1 – Offender Complaint and Grievance Process, and given an opportunity to:
    1. rebut the information on which the proposed designation is based; and/or
    2. present an alternative plan or resolution, in an attempt to find alternative means to address his/her issues.
31. The decision maker will take into account the offender’s submissions before a decision is finalized. The outcome of any discussions between the offender and the decision maker will be documented.
32. The decision maker will ensure that the grievor is notified in writing of the final decision.
33. Where multiple grievor status is confirmed, the decision maker will include in the notification the number of complaints and grievances that will be responded to each month and inform the multiple grievor of the length of the designation. A multiple grievor designation must be reassessed at least every six months.
34. Complaints or grievances submitted by multiple grievors that are deemed high priority will be responded to within established timeframes.

Complaints or Grievances About Money

35. Financial compensation may be provided to an offender under the complaint and grievance process only:
    1. for loss or damage to personal property under CD 234 – Claims for Staff Personal Effects and Inmate Personal Effects and the Offender Accident Compensation Program; or
    2. where the grievor seeks payment or reimbursement of money that the Correctional Service of Canada is required to provide under legislation or CSC policy.

Withdrawal of Complaints or Grievances

36. No complaint or grievance may be withdrawn by a grievor unless the matter is resolved, the nature of the resolution is recorded, and the grievor attests to this resolution in writing. The matter will be recorded as resolved and will be signed by the grievor and a staff member.

Response After Warrant Expiry Date

37. When a grievor completes his/her sentence after having submitted a grievance during his/her sentence, the Service will respond to the grievance as required and forward the response to the offender. If a forwarding address cannot be located, the original response will be placed on the grievor’s file.

Death of the Grievor

38. When a grievor dies following the submission of a complaint or a grievance at any level, a response will be prepared and made available to any persons conducting lawful investigations or inquiries into the matters addressed in the complaint or grievance. The original response shall be placed on the grievor’s file.

Special Provisions – First Level

39. A grievor may request that the Institutional Head refer his/her grievance to the Inmate Grievance Committee prior to the Institutional Head reviewing the grievance, where such a committee exists in the institution. The Institutional Head may also independently refer the grievance to the Inmate Grievance Committee for their review.
40. A grievor may request that the decision rendered by the Institutional Head be reviewed by an Outside Review Board. The grievor is required to submit a Request for Outside Review (CSC/SCC 0359) within 10 working days of the receipt of the first-level response.
41. In such cases where a grievance has been referred to the Inmate Grievance Committee or an Outside Review Board, the grievance will be handled in accordance with the procedures set out in GL 081 1 – Offender Complaint and Grievance Process.

Special Provisions – Second and Third Levels

42. 42. In order to facilitate a timely response, when the Offender Redress Division at National Headquarters or Regional Headquarters request supporting documentation to complete an analysis and investigation of an offender grievance, staff will provide all information requested as soon as possible, normally within five working days, to the analyst.

Consultation

43. Decision makers will consult operational and policy experts prior to rendering a decision on a complaint or grievance regarding matters requiring specialized knowledge. Requests for consultation will be responded to in writing within five working days of receipt of the request (or as otherwise agreed upon). Accordingly:
    1. decision makers at all levels of the complaint and grievance process will consult the Institutional Chief of Health Services, the Regional Chief of Health Services, or the Director General of Health Services, as applicable, before approving complaints or grievances related to the provision of Health Services;
    2. the third-level decision maker will consult relevant subject-matter experts prior to approving the specific grievances outlined in GL 081-1 – Offender Complaint and Grievance Process; and
    3. decision makers will otherwise consult with subject matter experts in all cases that they deem appropriate.
44. All responses to consultations will be provided to the decision maker, where applicable.

Corrective Action

45. When a complaint or grievance is upheld or upheld in part, and corrective action is required, the corrective action will be completed within 30 working days, and it will be clearly noted on the grievance file and in the Offender Management System that the corrective action has been completed.
46. The person responsible for implementing the corrective action will provide written confirmation and documentation to the decision maker indicating that procedures were completed in accordance with this section on corrective action.
47. A grievor may submit a grievance to the next level of the complaint and grievance process when the corrective action was not completed within the designated timeframes. In the case of a third-level corrective action, a grievor may submit a third-level grievance regarding this issue.

Alternate Legal Remedy

48. A grievor may pursue an alternate legal remedy, such as a legal proceeding before the courts or the Canadian Human Rights Tribunal, for his/her complaint or grievance in addition to the complaint and grievance process referred to in this directive. In such cases, the complaint or grievance will be handled in accordance with the procedures set out in GL 081 1 – Offender Complaint and Grievance Process.
49. Upon completion of the legal proceedings, the grievor may request that the complaint or grievance be reactivated.

Harassment, Sexual Harassment and Discrimination Grievances

Determining the Validity of the Allegations

50. The decision maker must determine whether the allegations, if proven, would constitute harassment, sexual harassment or discrimination.
51. Once such a determination has been made, the grievance will be responded to by the decision maker in accordance with the procedures set out in GL 081 1 – Offender Complaint and Grievance Process.

Convening an Outside Investigation

52. An investigation into an offender's allegation of harassment, sexual harassment or discrimination may be convened at any stage in the grievance process by the decision maker or the Director, Offender Redress. The outside investigation and corresponding grievance will be carried out in accordance with the procedures set out in GL 081 1 – Offender Complaint and Grievance Process.

1-800 Line

53. A national toll-free phone number (1 800 263 1019) is available to offenders to inquire about the complaint and grievance process or to ask specific questions about third-level grievances they have filed, such as the status of the grievance or the implementation of a corrective action.

CONFIDENTIALITY OF THE COMPLAINT AND GRIEVANCE PROCESS

54. An offender’s use of the complaint and grievance process may not be mentioned in records outside the complaint and grievance process without the authorization of the Institutional Head.

ENQUIRIES

55. Strategic Policy Division
    National Headquarters
    Email: Gen-NHQPolicy-Politi@CSC-SCC.GC.CA
    
    

     

    Commissioner,

Original signed by :
Don Head

ANNEX A - CROSS-REFERENCES AND DEFINITIONS

CROSS-REFERENCES

CD 001 – Mission of the Correctional Service of Canada

CD 060 – Code of Discipline

GL 081-1 – Offender Complaint and Grievance Process

CD 234 – Claims for Staff Personal Effects and Inmate Personal Effects and the Offender Accident Compensation Program

GL 234-1 – Claims Administration Instructions

CD 700 – Correctional Interventions

Policy on Prevention and Resolution of Harassment in the Workplace (TBS)

Policy on Information Management

Grievance Code Reference Guide

DEFINITIONS

Alternative dispute resolution mechanism: a method for resolving disputes by voluntary discussion by the parties (also known as informal resolution) which may include coaching, counselling, mediation, and healing/resolution circles.

Decision maker: the staff member who responds to a complaint or grievance at any level of the complaint or grievance process (normally the supervisor, Institutional Head, Regional Deputy Commissioner or Commissioner, or their delegate).

Delegate: the immediate subordinate of the decision maker whom the decision maker has authorized to respond to complaints and grievances.

Discrimination: when the grievor believes that CSC staff actions, language or decisions were made in a discriminatory manner based on gender, race, ethnicity, language, sexual orientation, religion, age, marital status, or a physical or mental disability. The category includes staff behaviour that constitutes a violation of the offender's human rights or the Canadian Charter of Rights and Freedoms.

Frivolous: where the decision-maker concludes on the balance of probabilities that the complaint or grievance was submitted with no serious purpose.

Grievor: for the purpose of this directive, the offender who submits a complaint or grievance at any level of the complaint and grievance process.

Harassment: any improper conduct by one or more employees, offenders, visitors or volunteers, that is directed at and offensive to another person, and that the individual knew or ought reasonably to have known would cause offence or harm. It comprises any objectionable act, comment or display that demeans, belittles, or causes personal humiliation or embarrassment, and any act of intimidation or threat. It includes harassment within the meaning of the Canadian Human Rights Act.

High priority complaints and grievances concern matters that have a direct effect on life, liberty or security of the person or that relate to a grievor’s access to the complaint and grievance process. Other complaints and grievances are designated routine priority.

Inmate Grievance Committee: a committee consisting of an equal number of offenders and staff members and a non-voting Chairperson, who may be an offender or a staff member. It is a group within an institution that reviews first level grievances before a decision is rendered on the grievances and makes recommendations to the Institutional Head or his/her delegate.

Legal remedy: a proceeding before a court or an administrative tribunal (such as the Canadian Human Rights Commission) or a complaint to an oversight agency such as the Privacy, Access to Information or Official Languages Commissioners but does not include a complaint to the Office of the Correctional Investigator.

Mediation: a voluntary process, facilitated by a mediator, or an action for informal dispute resolution between parties in a conflict to produce an agreement or a reconciliation.

Mediator: a neutral third person agreed upon by the parties involved in a dispute, who conducts mediation in order to assist the parties to resolve the problem.

Offensive: where the decision maker concludes:

1. that the complaint was submitted in an attempt to harm, slander, demean or generally insult the decision maker or the person against whom the complaint is presented; or
2. that grievance lodged or language in the grievance would undermine a person's sense of personal dignity by demeaning the person or causing personal humiliation or embarrassment to a person, on the basis of race, national or ethnic origin, colour, religion or sex.

Outside Review Board: a committee of members of the community (minimum of two), other than CSC staff members or offenders. It is established to review first-level grievances and their corresponding responses and make recommendations to the Institutional Head or delegate. The Outside Review Board is only available at the institutional level. Many institutions have designated the Citizen Advisory Committee as the Outside Review Board.

Sensitivecomplaints and grievances contain information whose disclosure must be significantly restricted due to its nature or the potential adverse effects of its disclosure.

Sexual harassment: any verbal comment or non-verbal gesture(s) or contact of a sexual nature, whether on a one-time basis or in a continuous series of incidents, that might reasonably be expected to cause offence or humiliation.

Urgentcomplaints or grievances are those that would result in irreparable adverse consequences to the grievor if not immediately resolved (at some identified juncture in less than 15 days).

Vexatious or not made in good faith: where the decision maker concludes on the balance of probabilities that the overriding purpose of the complaint or grievance is:

1. to harass;
2. to pursue purposes other than a remedy for an alleged wrong; or
3. to disrupt or denigrate the complaint and grievance process.