Commissioner's Directive

Policy Objectives

1. To maintain safe institutional environments by controlling inmates, using measures that are limited to only what is necessary and proportionate to attain the purpose of the Corrections and Conditional Release Act.

2. To maintain a respectful environment that promotes dynamic security and interventions between staff and inmates and encourages inmates to actively participate in their Correctional Plan.

3. To return the institution, after an incident, to normal operations, in a safe and timely manner.

4. To promote leadership and learning (training and development) and include these concepts as integral elements within security policies and practices.

Authorities

5. Corrections and Conditional Release Act (CCRA), sections 3, 3.1, 4, 15.1, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 68 and 97

Corrections and Conditional Release Regulations (CCRR), sections 4, 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 41

Criminal Code of Canada, sections 25, 26, 27, 34, 35, 37, 67, 68, 69, 92, 117.07, 494 and 495

Application

6. This Commissioner's Directive applies to all institutional staff, not including Community Correctional Centres.

Responsibilities And Procedures

7. The Assistant Commissioner, Correctional Operations and Programs, will ensure:

1. the development, implementation, maintenance and evaluation of interventions;
2. any issues or deficiencies arising from security policies or procedures are addressed in a timely manner; and
3. national training and certification standards for staff are developed in collaboration with the Director General, Learning and Development.

8. The Director General, Security, is designated as the senior Correctional Service of Canada authority on safety and security issues within the Service.

9. The Director General, Security, will:

1. ensure security policies and procedures are knowledge and research-based;
2. provide direction and support to regions in relation to policy, safety and security issues; and
3. inform the Assistant Commissioner, Correctional Operations and Programs, of any issues or deficiencies arising from security policies, their procedures or implementation.

10. The Assistant Deputy Commissioner, Institutional Operations, will:

1. communicate policies and provide support to operational units;
2. report to the Director General, Security, any issues or deficiencies arising from security policies/procedures or their implementation in a timely manner; and
3. conduct operational reviews of policy implementation on a regular basis.

11. The Institutional Head will:

1. implement security policies and procedures;
2. following an incident, return the institution to a safe and secure environment as soon as possible, managing any resulting challenges;
3. ensure staff are equipped and trained in their duties, including training on the Situation Management Model;
4. establish processes to monitor compliance and the effective implementation of policies related to the management of security incidents;
5. ensure staff follow processes and respond to medical emergencies as per CD 800 – Health Services; and
6. following the resolution of an incident, conduct a debriefing with all individuals involved in the incident.

12. Staff will:

1. know and understand the applicable law, policies and procedures and consider cultural, physical health, mental health and gender issues in their interventions;
2. demonstrate fairness, judgement and professionalism when returning the institution to a safe and secure environment;
3. not consent to or take part in any cruel, inhumane or degrading treatment or punishment of an inmate and will report any such behaviour or treatment if witnessed;
4. take every reasonable step to return the institution to a safe and secure environment as soon as possible when they become aware of any situation that jeopardizes the security of the institution or the safety of the public, staff or inmates; and
5. resolve conflicts and problems at the lowest level possible.

Situation Management Model

13. All interventions used to manage or control incidents that jeopardize the security of an institution will be consistent with the >Situation Management Model and will:

1. promote the peaceful resolution of the incident using verbal intervention and negotiation;
2. be based on the safest and most reasonable measures to prevent, respond, and resolve the situation;
3. be limited to only what is necessary and proportionate to attain the purposes of the CCRA; and
4. respond to changes in the situation through continuous assessment.

Assessment of the Situation

14. Each situation must be assessed in terms of the CAPRA (client, acquiring and analyzing, partnership, response, and assessment) problem-solving model.

15. Responses to the situation will be reformulated to reflect any significant changes, and the risk the new situation represents.

16. Continual assessment of the effectiveness of the response is an integral aspect of CAPRA.

17. The inmate's current behaviour, situational factors (e.g. location, presence of weapons, other inmates, social history, etc.), tactical considerations (past behaviour, size of inmate, skills of the officer, availability of backup, etc.) and the risk relating to the incident will be assessed on an ongoing basis.

18. When necessary and possible, staff members will consider withdrawing, reassessing and re-planning their response option so that the most appropriate response is implemented. The effectiveness of previous interventions will be part of this ongoing assessment.

Inmate Behaviour

19. Staff will consider the inmate's current behaviour and assess it as:

• cooperative;
• verbally resistive;
• physically uncooperative;
• assaultive;
• shows potential to cause grievous bodily harm or death; or
• escape.

Selection of Appropriate Management Strategies

20. Every incident will be managed using the safest and most reasonable response, and be limited to only what is necessary and proportionate to attain the purposes of the CCRA and to respond to the situation.

21. The appropriate management strategies will be chosen following the initial and ongoing assessment of the situation, including the inmate's current behaviour.

22. Strategies may include, but are not limited to, use of front-line staff, Aboriginal Elders/Spiritual Advisors, Chaplaincy, extraction teams, crisis negotiators, emergency response teams, crisis management teams, police or military assistance.

Verbal Intervention, Conflict Resolution and Negotiation

23. Whenever appropriate, staff will manage situations using dynamic security, staff presence, verbal intervention, conflict resolution, negotiations, or verbal orders.

Restraint Equipment

24. Restraint equipment may be used:

1. in routine situations, such as an escort or transfer, where it is specified by policy that such equipment may be applied on a cooperative inmate; and
2. as one of several response options to manage a situation when the inmate's behaviour is within the cooperative to assaultive range.

Chemical and Inflammatory Agents and Physical Handling

25. When an inmate is physically uncooperative, the following three options offer a continuum of responses that are most often used in combination to manage the situation:

1. chemical agent (applied as per CD 567-4 – Use of Chemical and Inflammatory Agents);
2. inflammatory agent (applied as per CD 567-4 – Use of Chemical and Inflammatory Agents); and
3. physical handling.

26. These responses may be used when verbal intervention and restraint equipment have proven ineffective or are assessed as inappropriate options for the situation.

Batons and Other Intermediary Weapons

27. The use of batons and other intermediary weapons:

1. may be the safest and most reasonable options when inmate behaviour is assaultive or shows potential to cause grievous bodily harm or death;
2. may be considered when verbal intervention or chemical/inflammatory agents are not available, have proven ineffective or are assessed as inappropriate options for the situation; and
3. may be appropriate prior to resorting to the use of firearms to manage escapes, or more serious assaultive situations (e.g. riots and major disturbances) or behaviours likely to cause grievous bodily harm or death.

Firearms

28. The use of firearms, in the form of the delivery of a deliberately aimed shot at a person, is limited to preventing grievous bodily harm, death or escape from a medium or maximum-security institution and satisfies the criteria set out in subsection 25(5) of the Criminal Code:

"A peace officer is justified in using force that is intended or is likely to cause death or grievous bodily harm against an inmate who is escaping from a penitentiary within the meaning of subsection 2(1) of the CCRA, if:

• a) the peace officer believes on reasonable grounds that any of the inmates of the penitentiary poses a threat of death or grievous bodily harm to the peace officer or any other person; and
• b) the escape cannot be prevented by reasonable means in a less violent manner."

29. A firearm may be used only when other response options are not available, when it is safe, and when it is necessary and proportionate to attain the purposes of the CCRA and given the situational factors.

30. Firearms may also be used indirectly via physical presence with a firearm, charging of the firearm and/or use of a warning shot. The physical presence of a firearm in conjunction with the duties of an armed post does not constitute a use of force (e.g. catwalk or in a tower) unless the firearm is pointed at an individual or displayed as a show of force or for psychological effect.

Reporting

31. Staff and management will debrief and report throughout the management of the entire situation in order to facilitate the ongoing assessment of situational factors and management options.

32. Upon resolution of the situation, the necessary verbal and written reports will be completed as per CD 567-1 – Use of Force.

33. Staff will be provided with critical incident stress management services as per CD 253 – Employee Assistance Program and GL 253-2 – Critical Incident Stress Management.

34. Inmates who require attention following critical incidents will be offered support services by institutional Psychologists, Chaplaincy, and/or Aboriginal Elders/Spiritual Advisors. Services will normally take the form of individual counselling interviews.

35. Following an incident:

1. a list of inmates who may be in need of assistance will be developed as soon as possible after an incident (through consultation with inmate representatives, if appropriate);
2. the list will also be developed with institutional Psychologists, Chaplains or Aboriginal Elders/Spiritual Advisors who have offered to meet with inmates affected by a critical incident; and
3. the participation by inmates is voluntary.

36. Support services will also be available, upon request, to other inmates not previously identified.

37. Psychologists, Chaplains and Aboriginal Elders/ Spiritual Advisors providing services will document their interventions within the inmate's file and submit the names of inmates offered services to their supervisor.

Management and Control Framework

38. Situations will be managed and controlled using a framework which includes, but is not limited to, the following:

1. CD 567-1 – Use of Force identifies the processes and requirements, ensuring that the response and the manner in which force is used are appropriate and in accordance with CSC policy and applicable legislation;
2. CD 567-2 – Use of and Responding to Alarms identifies the processes and requirements for the use of and responding to alarms;
3. CD 567-3 – Use of Restraint Equipment for Security Purposes identifies the processes and requirements for the appropriate use of restraint equipment;
4. CD 567-4 – Use of Chemical and Inflammatory Agents identifies the processes and requirements for the appropriate use of chemical and inflammatory agents;
5. CD 567-5 – Use of Firearms identifies the processes and requirements for the appropriate use of firearms; and
6. CD 600 – Management of Emergencies identifies the processes and requirements to ensure that all critical locations are prepared to deal effectively with emergencies.

Enquiries

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

Annex A : Cross-references And Definitions

Cross-references

• CD 253 – Employee Assistance Program
• GL 253-2 – Critical Incident Stress Management
• CD 567-1 – Use of Force
• CD 567-2 – Use of and Responding to Alarms
• CD 567-3 – Use of Restraint Equipment for Security Purposes
• CD 567-4 – Use of Chemical and Inflammatory Agents
• CD 567-5 – Use of Firearms
• CD 568-1 – Recording and Reporting of Security Incidents
• CD 600 – Management of Emergencies
• CD 702 – Aboriginal Offenders
• CD 800 – Health Services
• CD 843 – Management of Inmate Self-Injurious and Suicidal Behaviour
• Security Equipment Manual
• Situation Management Model (see Annex B)

Definitions

Assaultive:

when the inmate:

1. threatens verbally, or implies through physical behaviours, actions or gestures, the intent to apply force to harm or injure another person; or
2. directly or indirectly applies force against another person in a manner that causes, or has the potential to cause, harm or injury.

CAPRA problem-solving model :

a model that facilitates the acquisition and analysis of client and situational information, and the consideration, through partners, of response strategies.

Cooperative :

when there is no verbal or physical resistance and the inmate responds to staff presence, verbal communication, and complies voluntarily with verbal commands or orders.

Dynamic security :

regular and consistent interaction with offenders and timely analysis of information and sharing through observations and communication (e.g. rapport building, training, networking, intelligence gathering and strategic analysis). Dynamic security is the action that contributes to the development of professional, positive relationships between staff and offenders, and is a key tool to assess an offender's adjustment and stability.

Escape :

any act or attempted act to breach (break) prison, escape from lawful custody, or without lawful excuse be at large before the expiration of a term of imprisonment to which that person has been sentenced.

Grievous bodily harm :

any injury having the potential to endanger life, or which results in permanent physical impairment, significant disfigurement or protracted loss of normal functioning. It includes, but is not limited to, major bone fractures, the severing of limbs or extremities, and wounds involving damage to internal organs.

Medical emergency :

an injury or condition that poses an immediate threat to a person's health or life which requires medical intervention.

Other intermediary weapons :

includes canine, high pressure water, and any other equipment that may be approved for use in the Security Equipment Manual.

Physically uncooperative :

when the inmate refuses to comply with staff directions or orders (e.g. refuses to move from an area or leave a cell). The inmate may offer active physical, but not assaultive resistance by pulling or running away or resisting staff attempts to move him/her to a standing position.

Situation Management Model :

a model/graphic representation (see Annex B) used to assist staff in determining the correct response options to be used in managing security situations.

Verbally resistive :

when the inmate displays behaviours that include, but are not limited to, verbal assaults, profanity, taunts, or refusal to communicate with staff but complies with verbal orders.

Warning shot :

a shot that is directed into a safe area and is not intended to harm anyone.

Annex B : Situation Management Model

CSC Staff and Management will prevent, respond and resolve situations using the safest and most resonable intervenetion.

[Full description of Situation Management Model]