Commissioner's Directive

Date:
2012-06-13

Number:
702

Aboriginal Offenders

Issued under the authority of the Commissioner of the Correctional Service of Canada

 

Policy Objective

1. To respond to specific needs of Aboriginal offenders by providing effective interventions, through a Continuum of Care model, to contribute to public safety and timely reintegration.

Authorities

2. Canadian Charter of Rights and Freedoms

Canadian Human Rights Act

Corrections and Conditional Release Act (CCRA), sections 3.1, 4, 15.1, 79, 80, 81, 82, 83 and 84

Corrections and Conditional Release Regulations (CCRR), sections 5 and 114

Application

3. This Commissioner's Directive applies to all staff.

Responsibilities

4. The Senior Deputy Commissioner may develop Guidelines regarding Pathways Initiatives that must be followed.

5. The Assistant Commissioner, Correctional Operations and Programs, will ensure delivery and monitor results of correctional interventions and programs that meet the identified needs of Aboriginal offenders as per section 80 of the CCRA.

6. The Director General, Aboriginal Initiatives Directorate, will:

  1. establish a National Aboriginal Advisory Committee, chaired by the Commissioner, to provide advice on the provision of correctional services to Aboriginal offenders as per section 82 of the CCRA;
  2. ensure operational practices and interventions respect the specific needs of Aboriginal offenders in the Continuum of Care (see Annex B); and
  3. authorize the implementation of Pathways Initiatives and ensure regular reviews occur.

7. The Regional Deputy Commissioner may:

  1. establish, chair and maintain a Regional Aboriginal Advisory Committee to provide advice on the provision of correctional services to Aboriginal offenders as per section 82 of the CCRA;
  2. administer agreements with Aboriginal communities; and
  3. provide Aboriginal communities with the opportunity to submit a plan and participate in release and reintegration planning.

8. The Regional Administrator, Aboriginal Initiatives, will:

  1. consult with Aboriginal communities, advisory committees and/or Councils of Elders for the purposes of:
    1. locating Elders/Spiritual Advisors to attend to the spiritual needs of offenders, and
    2. entering into contracts for the services of Elders/Spiritual Advisors; and
  2. monitor Pathways Initiatives to ensure the directions provided in Annex G are followed.

9. The Institutional Head will:

  1. ensure that Elders/Spiritual Advisors are afforded the same status as Chaplains, as per section 83 of the CCRA;
  2. ensure offenders are provided with the services of an Elder/Spiritual Advisor, in consultation with the Regional Administrator, Aboriginal Initiatives;
  3. provide the Elder/Spiritual Advisor with appropriately equipped facilities for the provision of confidential spiritual services;
  4. ensure that an Elder/Spiritual Advisor or an Elder's helper of the same gender as the offender is available for ceremonies;
  5. ensure that the unique circumstances of the Aboriginal offender, as described in the definition of the Aboriginal social history, as well as Aboriginally-responsive options are considered in the decision making process;
  6. designate indoor and outdoor space to conduct traditional ceremonies and spiritual activities;
  7. promote and facilitate regular traditional ceremonies, including smudging with ceremonial medicines;
  8. consult with the Elder/Spiritual Advisor or in the absence of the Elder, the Aboriginal Liaison Officer:
    1. prior to making decisions regarding ceremonies, ceremonial objects, traditional medicines or sacred grounds within the institution, and
    2. to establish procedures for the collection and storage of ceremonial objects, and traditional and ceremonial medicines;
  9. ensure financial and human resources are provided for the gathering of ceremonial objects outside the institution;
  10. ensure staff working with Aboriginal offenders are culturally competent relative to their role and have an understanding of the Aboriginal Corrections Continuum of Care model;
  11. authorize giveaways and offerings, in the context of traditional Aboriginal protocols and ceremonies as per Annex E;
  12. authorize traditional food and non-traditional food to be used in a ceremony or celebration as per Annex F;
  13. ensure Inuit offenders are provided country food as per Annex F; and
  14. ensure the cross-gender protocol is adhered to during cultural ceremonies.

10. The District Director will ensure:

  1. offenders have reasonable access to Aboriginal-specific resources in the community; and
  2. staff working with Aboriginal offenders are culturally competent relative to their role and have an understanding of the Aboriginal Corrections Continuum of Care model.

11. The Elder/Spiritual Advisor will:

  1. provide counselling, teachings and ceremonial services;
  2. provide advice to the Institutional Head when required regarding ceremonies, ceremonial objects, traditional medicines or sacred grounds within the institution;
  3. as a member of the Case Management Team, participate in case conferences as required; and
  4. provide information for Elder/Spiritual Advisor Reviews for offenders following a healing path.

12. The Aboriginal Liaison Officer will:

  1. document Elder/Spiritual Advisor Reviews (if required by the Elder/Spiritual Advisor) and share them with the offender;
  2. take a supportive role with respect to cultural awareness and a liaison role with respect to general services to offenders and staff;
  3. as a member of the Case Management Team, provide the team with information regarding the offender's participation in a healing path; and
  4. liaise with Aboriginal organizations or communities, when required, for assistance in maintaining supplies of traditional medicines required by the Elder/Spiritual Advisor.

13. The Aboriginal Correctional Program Officer will:

  1. deliver Aboriginal correctional programs and complete reports in accordance with CD 726 - Correctional Programs; and
  2. as a member of the Case Management Team, provide the team with information regarding the offender's participation in Aboriginal correctional programs.

14. The Parole Officer will:

  1. incorporate comments provided by an Aboriginal offender's Case Management Team into the Correctional Plan and Correctional Plan Updates as required; and
  2. as needed, request that an Elder/Spiritual Advisor Review be completed normally 60 days prior to the requirement to update an offender's Correctional Plan.

15. The Aboriginal Community Development Officer will:

  1. support and promote involvement of Aboriginal communities in release planning as per section 84 of the CCRA; and
  2. as a member of the Case Management Team, liaise with the team in the development of release plans under section 84 of the CCRA for offenders being considered for release on parole.

16. The Aboriginal Community Liaison Officer will:

  1. liaise with Aboriginal organizations, agencies or communities, when required, for assistance in maintaining resources and contacts for Aboriginal offenders who are being released to the community;
  2. provide support to offenders being released on statutory release who are utilizing a release plan under section 84 of the CCRA; and
  3. provide support and guidance to all Aboriginal offenders upon release and support their transition to the community and services.

Procedures

Elder/Spiritual Advisor Reviews - Cultural Interventions

17. The Aboriginal Liaison Officer will meet with offenders who have expressed an interest in following a healing path, at any point in their sentence, will refer them to an Elder/Spiritual Advisor, and will ensure that the offender's Parole Officer is made aware of this interest, so that it is documented in the Correctional Plan and future updates/reviews.

18. The Aboriginal Liaison Officer will explain his/her role, the role of the Elder/Spiritual Advisor and advise the offender of culturally specific interventions available.

19. The Elder/Spiritual Advisor Review will be documented by the Aboriginal Liaison Officer, as per Annex C, within the following timeframes:

  1. intake - 40 days from referral and prior to completion of the Correctional Plan when an Elder/Spiritual Advisor is available on intake;
  2. progress - after six months of involvement with the Elder/Spiritual Advisor if there is new information to include; and
  3. decision - 30 days from request by the Parole Officer if it has been determined by the Elder/ Spiritual Advisor and/or Aboriginal Liaison Officer that there is new information to record.

20. The Parole Officer/Primary Worker will incorporate healing components into the Correctional Plan (as per CD 705-6 - Correctional Planning and Criminal Profile and CD 710-1 - Progress Against the Correctional Plan) in consultation with the Elder/Spiritual Advisor, Aboriginal Liaison Officer, offender and other members of the Case Management Team as required.

21. Pathways Initiatives will be implemented as per Annex G.

Aboriginal Wellness Committee

22. If Aboriginal offenders propose a wellness committee to pursue their cultural needs and interests, a protocol document will be submitted to the Institutional Head outlining the terms and objectives of the committee, as per Annex D.

23. The Institutional Head and Elder/Spiritual Advisor will review the above-noted protocol document within 30 days.

24. If approved, the protocol document will remain valid for two years unless otherwise indicated by the Institutional Head.

Enquiries

25. 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

Definitions

Aboriginal:
Indian, Inuit or Métis.
Aboriginal Corrections Continuum of Care model:
A care model that provides specific approaches to address the needs of Aboriginal offenders.
Aboriginal social history:
The various circumstances that have affected the lives of most Aboriginal people. Considering these circumstances may result in alternate options or solutions and applies only to Aboriginal offenders (not to non-Aboriginal offenders who choose to follow the Aboriginal way of life). These circumstances include the following (note that this is not an exhaustive list):
  • effects of the residential school system;
  • sixties scoop into the adoption system;
  • effects of the dislocation and dispossession of Inuit people;
  • family or community history of suicide;
  • family or community history of substance abuse;
  • family or community history of victimization;
  • family or community fragmentation;
  • level or lack of formal education;
  • level of connectivity with family/community;
  • experience in the child welfare system;
  • experience with poverty; and
  • loss of or struggle with cultural/spiritual identity.
Case Management Team:
The individuals involved in managing an offender's case, which include at a minimum the Parole Officer and the offender, and in institutions, the Correctional Officer II/Primary Worker.
Ceremonial objects:
Objects deemed to be sacred, spiritual or ceremonial in nature. Also referred to as "personal spiritual effects".
Country food:
More than just a tradition for Inuit, it is the embodiment of the connection Inuit have to the land and its bounty. It is also a connection to the traditions of Inuit ancestors. Feasts are a celebration of Inuit values: cooperation, sharing and spirituality. Country food is a part of the Inuit identity and a dietary requirement of the Inuit people. It is all harvested wildlife and comprised primarily of seal, whale, caribou and arctic char.
Cross-gender protocol:
When Elders/Spiritual Advisors are conducting ceremonies with offenders of the opposite gender, they will have helpers of the same gender as the offender, in accordance with the protocol of each Elder/Spiritual Advisor. For instance, when a male Elder/Spiritual Advisor performs a ceremony for female offenders, there should always be a female helper (who is not an offender) or female staff in attendance. Ceremonies will not be performed alone by Elders/Spiritual Advisors to offenders of the opposite gender.
Cultural ceremonies:
The purpose of a ceremony will depend on the Elder/Spiritual Advisor and his/her teaching as there are many reasons for attending or requesting a ceremony. Cultural ceremonies can include, but are not limited to, the following: smudging, sweat lodge ceremonies, traditional pow-wows, changing of the seasons ceremonies, sundance ceremonies, round dances, healing or sacred circles, pipe ceremonies, shaking tent ceremonies, potlatches, longhouse, fasts, feasts, moon ceremonies, tea ceremonies, waterbath ceremonies, PakKUjalitauvvik (Inuit candle light ceremony), return of the sun ceremonies, and return of the community hunt ceremonies.
Cultural competence:
Ability of individuals and systems to respond respectfully and effectively to people of all cultures, classes, races, faiths and ethnic backgrounds in a manner that recognizes, affirms, and values the cultural differences and similarities, the worth of individuals, families and communities and protects and preserves the dignity of each.
Elder's helper:
The position's main function is to assist the Elder/Spiritual Advisor with ceremonies. Duties are functionally directed by the Elder/Spiritual Advisor. This title can be applied to an offender, contractor, staff member or a member of the community.
Elder/Spiritual Advisor:
Any person recognized by an Aboriginal community as having knowledge and understanding of the traditional culture of the community, including the physical manifestations of the culture of the people and their spiritual and social traditions and ceremonies. Knowledge and wisdom, coupled with the recognition and respect of the people of the community, are the essential defining characteristics of an Elder/Spiritual Advisor. Elders/Spiritual Advisors are known by many other titles depending on the region or local practices. An example is Angakuk who is an Inuit shaman or medicine man. (This definition does not apply to inmates who may have ceremonial knowledge.)
Four aspects of self:
The interconnected physical, emotional, spiritual and mental components/domains that make up the individual, according to the Aboriginal worldview. The model may vary according to region or Elder/Spiritual Advisor.
Healing component:
A component of the Correctional Plan that allows for consideration to be given to the circumstances and background of Aboriginal offenders following a healing path.
Healing Lodge/Healing Village:
A minimum or multi-level security facility operated by CSC in cooperation with an Aboriginal community. These facilities may or may not be located on First Nations' reserve land. Healing Lodges may also be facilities run by the Aboriginal community under section 81 of the CCRA when approved by the Minister.
Healing path/journey:
A traditional Aboriginal healing process based on culture and beliefs, which encompasses a life-long spiritual, emotional and/or psychological journey whereby one strives to be in harmony with all living things on Mother Earth. The telling of stories, sharing of traditional teachings and participation in sacred ceremonies serve to assist the individual in following the Red Road to healing. When one lives and walks the Red Road, one is seen and deemed to be whole in body, mind, spirit, emotions and behaviour.
Holistic approach:
Considers an individual's overall physical, mental, spiritual, and emotional well-being.
Medicine Wheel:
A symbol used by the Aboriginal people of North and South America to teach that all life moves in a circle and that each person's journey to self-fulfillment lies within. There are many different ways that this concept is expressed, all reflecting the importance of wholeness and balance and the significance of the number four in Aboriginal life: four seasons, four directions, four elements and four aspects of our nature and four life stages. There is no beginning and no end. As individuals travel on the Medicine Wheel in their daily life, their understanding grows and they advance to another level in understanding "self" and gaining wisdom. The human capacity to develop is infinite, and the Medicine Wheel turns forever. The use of the Medicine Wheel and its interpretation may vary according to region or Elder/Spiritual Advisor.
Pathways initiatives:
Specific initiatives within institutions devoted to providing a healing and traditional environment for offenders dedicated to following an Aboriginal healing path. Refer to Annex G.
Residential school:
A type of boarding school operated by Christian churches in collaboration with the Canadian government for First Nations, Métis and Inuit children. The many years of physical, psychological, emotional and sometimes sexual abuse that many Aboriginal people suffered while in residential schools can have long-lasting and far-reaching consequences. There are intergenerational consequences, meaning that individuals may not have attended a residential school themselves, but the impact on family members has directly impacted their lives in a negative way.
Smudging:
The act of burning traditional medicines to pray and purify oneself or physical space. It is also an act of unity, used to open ceremonies to prepare participants for healing or sharing. The burning of tobacco in the context of smudging is not the same as smoking cigarettes.
Traditional feast:
A meal following a significant spiritual/cultural event such as sweat lodge ceremony, fasting, round dance, pow-wow or certain life events of family/community members, etc. The meal might consist of cooked, uncooked or dried meats, vegetables, fruits and a beverage. These foods may or may not be government inspected. Traditional Aboriginal foods may be used but are not always necessary. Within the Aboriginal culture, it is the sharing of food that is important.
Traditional food:
Food that has been obtained by Aboriginal people. These foods usually include wild meat, fish, fruits or berries and vegetables. Traditional foods may be included as part of a ceremony and may be donated or purchased.
Traditional medicines:
Sacred, natural medicines used during ceremonies which may include sweet grass, sage, cedar or tobacco.

Annex B: Aboriginal Corrections Continuum of Care

The Aboriginal Corrections Continuum of Care model (to be referred to as Continuum of Care), introduced in 2003, was developed in consultation with Aboriginal stakeholders working with CSC to develop new approaches to addressing Aboriginal offender needs. Aboriginal community research indicated that the major factors contributing to Aboriginal offenders' success upon release were their participation in spiritual and cultural activities, as well as programs (preferably delivered by Aboriginal people) and the support they received from family and community.

Visual representation of the Continuum of Care described in Annex B.

The Medicine Wheel, found at the centre of the Continuum of Care, reflects research findings that culture, teachings and ceremonies (core aspects of Aboriginal identity) appear critical to the healing process. Representing the cycle of life from conception to return to the Spirit World, the Medicine Wheel is a reminder that correctional interventions developed and implemented for Aboriginal offenders must take into consideration the past, the present and the future direction of Aboriginal peoples as a whole and of the Aboriginal person as an individual.

Surrounding the Medicine Wheel is the Aboriginal community, which includes both on-reserve and urban communities made up of First Nations, Métis and Inuit peoples. The Continuum of Care recognizes that Aboriginal communities must be involved in supporting Aboriginal offenders during their healing journey and reintegration, as they link offenders to their history, culture and spirituality. The Continuum of Care also reflects the importance of community support at every step during administration of the sentence.

Integrating Aboriginal culture and spirituality within CSC operations, the Continuum of Care:

  • starts at intake, to identify Aboriginal offenders and to encourage them to bridge the disconnect with their culture and communities;
  • leads to paths of healing in institutions to better prepare Aboriginal offenders for transfer to lower security and for conditional release;
  • engages Aboriginal communities to receive offenders back into their community and support their reintegration; and
  • ends with establishment of community supports to sustain progress beyond the end of the sentence and prevent re-offending.

For a complete original document, please refer to the Strategic Plan for Aboriginal Corrections (2006-07 to 2010-11).

Annex C: A Content Guide to Elder/Spiritual Advisor Reviews

The Elder/Spiritual Advisor (to be referred to as the Elder in this Annex) Review is the Elder's perspective of the offender, based on his/her traditional knowledge and teachings. The Elder Review report, which is completed by the Elder or Aboriginal Liaison Officer (ALO) assisting the Elder, identifies where an offender is on his/her healing journey and can assist the Case Management Team members in completing their assessments on the offender. The Elder Review, focusing on the four aspects of self, is a holistic approach that serves as a baseline from which to measure progress. It would take place during each phase of the Continuum of Care in the institution (intake, assessment and intervention). The Elder Review is only required for those offenders who are following a healing path/journey where the Elder feels it is appropriate. An Elder Review is not required for every Aboriginal offender and is not intended for documentation of an Aboriginal social history.

The quality control of the finished Elder Reviews will be the responsibility of the supervisor of the ALO. The framework is a guide only to assist the Elders.

Intake (Initial)

During the intake assessment process, if an offender indicates that he/she wants to work with an Elder, the Parole Officer would ensure the Elder and/or ALO are informed so that they can complete the Elder Review (Intake).

Elder Review (Intake)

The report would be completed within the appropriate timeframe as per CD 705-5 - Supplementary Intake Assessments. The report need only consist of the Elder's initial observation and whether the individual will continue to work with the Elder and ALO with Aboriginal-specific interventions (as available in the institution). If the Case Management Team and offender determine that the offender is ready, healing components will be incorporated into the Correctional Plan.

Intervention (Progress)

After the intake process is completed and if the offender begins to work with the Elder, the process of developing a more in-depth Elder Review would continue. The healing components will be incorporated into the next updated Correctional Plan.

Elder Review (Intervention)

The report would be completed once an offender has been working with the Elder for six months. The Elder Reviews will be updated by the Elder (or ALO with Elder) as requested by the Case Management Team for decision making purposes [security level, transfer, first escorted temporary absence or unescorted temporary absence (non-medical), work release]. Once requested, the Elder (or ALO with Elder) will have 30 days to complete the update. An appropriate timeframe would be to have the Elder Review requested by the Parole Officer 60 days prior to the required updated Correctional Plan. It is the responsibility of the Parole Officer to ensure updates are requested at the appropriate times. Consistent communication among the Case Management Team should ensure this requirement is met.

Reintegration (Progress)

When an offender is moving toward the reintegration phase of the sentence and is preparing for a Parole Board of Canada decision process, the Elder Review will be updated to specifically address the possible transition into the community.

Elder Review (Reintegration)

The report would be completed for Parole Board of Canada decision making purposes. It is the responsibility of the Parole Officer to ensure updates are requested at the appropriate times. Once requested, the Elder (or ALO with Elder) will have 30 days to complete the update. An appropriate timeframe would be to have Elder Review requested by the Parole Officer 60 days prior to the required updated Correctional Plan. Consistent communication among the Case Management Team should ensure this requirement is met.

Elder/Spiritual Advisor Review - Outline

(This outline should not be considered a template for all Elders/Spiritual Advisors to follow. The information provided by individual Elders/Spiritual Advisors may be very different and may simply include the information identified in the "Observations" and "Recommendations" sections of this document.)

The following outline is a suggestion only, to assist the Elders in providing the information. The titles above may be used as headings for the reports.

Type of OMS Report: Elder Review

Introduction

Include the Elder's name and home community.

  1. Physical Aspect (East): focuses on learning to value the physical self and becoming comfortable within one's own body. Interventions to balance the various areas of the physical self may include addressing addictions, healthy eating habits, physical exercise, stopping the infliction of physical pain to oneself and others, and treating the physical self as the sacred gift the Creator has provided.

    Topics that could be explored in this aspect are:

    • personal relationships
    • possible abuse of any type
    • residential schools or foster care
    • addictions.
  2. Emotional Aspect (South): involves examining an individual's emotional state of mind and ability to fulfill one's emotional needs. Interventions may involve examining stressful areas of life, impediments to one's learning and growth, healing unresolved abuse issues, learning to respect one's own feelings, accepting responsibility for actions and words, understanding both the positive and negative aspects of oneself and learning to make both work.

    Topics that could be explored in this aspect are:

    • expression of feelings/empathy/remorse
    • impulsiveness
    • respect of others/self
    • suicide (attempts, family history).
  3. Spiritual Aspects (West): understanding that all things on Mother Earth are related, that life is a gift from the Creator, and that we must learn to live to the best of our ability and respect all living things that we encounter upon our journey. Through ceremonies and Elder teachings, the spirit is healed.

    Topics that could be explored in this aspect are:

    • spiritual identity
    • spiritual participation/understanding.
  4. Mental Aspect (North): focuses on the individual's cognitive capacities, the ability to learn from the past and to develop new ways of thinking. With knowledge comes wisdom, with wisdom comes compassion, and with compassion comes understanding.

    Topics that could be explored in this aspect are:

    • understanding/acknowledging criminal behaviour
    • motivation to heal
    • education/employment.
Observations

Describe how long the Elder has worked with the offender and whether he/she has attended counselling sessions and/or ceremonies. How has the offender's participation contributed to dealing with his/her identified needs (e.g. substance abuse)? Is the offender ready to work on living a more balanced lifestyle? What behavioural changes have been demonstrated by the offender?

Recommendations

What recommendations does the Elder have for the offender to continue to make positive changes? What warning signs should be watched for, indicating that there might be a negative change in the offender's actions?

It is critical for the success of these groups that the Elders/Spiritual Advisors and management support their endeavours. As such, all parties will be in agreement with the proposed protocol document which outlines the terms and objectives with regard to their role within the institution. If an agreement or consensus cannot be reached, revisions will be made to the proposal until consensus can be reached.

Once an agreement is reached, a committee's protocol may have a shelf life of up to two years. It can be revisited or rewritten within this timeframe with the agreement of the Elders/Spiritual Advisors, the members of the committee, and management. At the end of the two years, the protocol can be simply renewed if changes are not necessary.

The committee is non-political in nature and exists solely for assisting in cultural/ceremonial activities for the offenders (round dances, pow-wows, sweat lodges, sharing circles, etc.) in conjunction with Aboriginal Liaison Officers and the Elders/Spiritual Advisors. The committee members may also serve as helpers to the Elders/Spiritual Advisors if requested by the Elders/Spiritual Advisors.

The committee is responsible for sharing ideas and information with the offender population and staff, and acts as a liaison between the population and staff by bringing forward the ideas, input or concerns from the population it assists.

Determination of the members of these committees will be outlined in the proposed protocol documents. The number of committee members will appropriately reflect the population they will serve. Normally there would be one committee within the institution; however in exceptional circumstances (e.g. a maximum security site that cannot combine separated populations), more than one could be considered.

The Social Program Officer would be the staff person who works with the committee to coordinate its activities. The Social Program Officer would work in consultation with the Aboriginal Liaison Officer who will have the specific cultural knowledge.

Annex E: Giveaways and Offerings

The protocol of giving an "offering" is an integral part of Aboriginal culture. There are two aspects in which an offering is given. One is to give an offering of ceremonial medicine (tobacco) to an Elder/Spiritual Advisor when asking for teachings, ceremony or prayers. The second is an offering as a sign of respect, appreciation and honouring that is considered part of Aboriginal protocol. These offerings could take many forms: one of the four medicines, ceremonial items (feather, medicine pouch, dreamcatcher) or decorative items (artwork, carving, hobby items). It is important in Aboriginal culture to formally recognize and honour individuals who contribute in some way to an event, activity or ceremony. The Elder/Spiritual Advisor will work in conjunction with the Institutional Head to determine when these types of ceremonies are appropriate within the institution.

The giving of items in this context is not intended as a memento in lieu of hospitality, or a presentation in lieu of official hospitality, or to show appreciation without providing formal compensation as defined in Treasury Board policy. It is a sign of respect, appreciation and honouring that is integral to Aboriginal culture.

Within the Aboriginal culture, there is a ceremony called a Giveaway, in which a person or family would give items to everyone in attendance. A Giveaway ceremony is often held in conjunction with a round dance, community feast or other ceremony specific to the Aboriginal people of that region (e.g. West Coast traditions). This type of ceremony may occur in the community or inside the institutions. Offenders and staff who attend these ceremonies on escorted temporary absences (ETA) in the community will receive items. Offenders will ask for prior authorization from the Institutional Head to bring back any items received while on an ETA as per CD 566-12 - Personal Property of Offenders. These items will be subject to the requirements established in CD 566-7 - Searching of Inmates, when entering the institution.

Offenders may request the Institutional Head or delegate (in consultation with the Elder/Spiritual Advisor) to allow that spiritual, cultural or traditional items (e.g. medicines, medicine bags/pouches, feathers) remain with their cell effects. Cultural items (e.g. medicines, medicine pouches, feathers) are considered to have no monetary value; however, they are deemed to have significant spiritual value.

Items that an offender receives while attending a community ceremony on an ETA that appear on the National List of Personal Property will be registered on his/her personal property record in accordance with CD 566-12 - Personal Property of Offenders.

All items given or received by offenders during a ceremony will be added or removed from their personal property record as required. Trading items among offenders is not permitted as per CD 566-12 - Personal Property of Offenders.

Items given to Elders/Spiritual Advisors, staff, contractors, community members or volunteers during a ceremony will be subject to the requirements established in CD 566-8 - Searching of Staff and Visitors, when leaving the institution.

Staff who receive items at a ceremony, either in the institution or in the community, will retain the items with their personal belongings at the work site. Staff are permitted to accept these items in accordance with the Treasury Board's Values and Ethics Code for the Public Service. The receipt of items in these circumstances arises out of activities or events related to the official duties of the public servant concerned.

Items made by offenders for the purpose of offerings/giveaways will be in accordance with SOP 760 - Arts and Crafts unless there are specific institutional initiatives in place for making craft items (e.g. Pathways). Those initiatives will develop guidelines approved by the Institutional Head with regard to their process for the storage of raw materials, tools and finished products.

Annex F: Traditional Foods and Country Foods

Traditional Foods

Written requests received from the Aboriginal Wellness Committee for the provision of traditional foods for cultural/spiritual purposes will be referred to the Aboriginal Liaison Officer (ALO). The ALO will review the appropriateness of the request and of the foods identified and make recommendations to the Institutional Head and Elder/Spiritual Advisor. The Institutional Head will retain the right to prohibit foods that are contrary to the safety and security of the institution. Any question on whether the items requested are "traditional" will be referred to the institutional Elder/Spiritual Advisor.

Food that is to be used in relation to a ceremony does not always need to be "traditional" food, as it is the act of sharing food that is important to the ceremony. Non-traditional foods may be used in a ceremony.

Subsequent to the approval of the proposed event by the Institutional Head, all offenders, staff, contractors and visiting members of the public wishing to participate in the feast will sign a waiver absolving CSC of any responsibility in the event of illness stemming from participation in the feast.

Food items (including non-government inspected foods) donated by local community interests or departments (e.g. the Department of Natural Resources or Aboriginal group) may be allowed into the institution at the discretion of the Institutional Head, in consultation with the Elder/Spiritual Advisor, provided that:

  • the foods are cooked and have been previously made ready for consumption; or
  • the foods are stored and/or prepared (if not cooked) in an appropriate food-safe location other than the institutional Food Services area of the institution and in compliance with the Food Retail and Food Services Code;
  • any person preparing uncooked foods within the institution has completed the appropriate food safety course; and
  • Food Services provide a plastic bin containing the cooking and eating utensils required for the preparation and service of these foods. Dirty utensils will be placed back in the bin with a sanitizing agent and returned to the institutional kitchen for cleaning.

The ALO will either accompany foods brought into the institution for Aboriginal events or advise the officer-in-charge and the officer at the principal entrance, by way of a memo signed by the Institutional Head or delegate, when the food will be arriving, who is bringing the food, the type of food(s), and purpose. At the principal entrance, the foods will be subject to a normal security inspection, and security inspected foods will go directly to the event or appropriate storage.

All foods not consumed following feasts will be given to the ALO or the Elder/Spiritual Advisor, who will determine the appropriate means of distribution where appropriate facilities exist (e.g. refrigeration), or removal from the institution. It should not be discarded.

Country Foods

Country food of the Inuit people is a dietary requirement of the Inuit people and must be provided at a minimum of once per month by the appropriate institutional Food Services.

In accordance with the Food Retail and Food Services Code, CSC's Food Services may provide (through the institutional kitchens) only country food that has been government inspected. All foods that have not been government inspected will follow the process as outlined in this Annex for non-government inspected traditional foods.

Waiver

I,    (participant) do hereby release and forever discharge Her Majesty the Queen in right of Canada and her employees and servants from all manner of claims, actions or demands of whatever kind, including claims arising out of negligence, that I may have as a result of my consumption, as part of an Aboriginal or Inuit feast, of food that has not been officially inspected.

In Witness Whereof, I have hereunto set my hand this   day of   , 20 .

   
Signature of Participant

   
Witness

Annex G: Pathways Development and Management

Vision

To ensure a federal correctional system that is responsive to the needs of Aboriginal offenders and that contributes to safe and healthy communities.

Concept

As part of the Continuum of Care (refer to Annex B), a Pathways unit/range provides a path of healing within institutions for offenders who make a commitment to follow traditional healing as a way of life, 24 hours a day. Pathways units/ranges provide first and foremost a healing and supportive environment, an environment committed to following the Aboriginal traditional and spiritual way of life. Only offenders who have already made a serious commitment to pursue their healing journey, and who have worked significantly with Elders/Spiritual Advisors to address areas of healing, are to be placed on a Pathways unit/range. The Elder/Spiritual Advisor services, programming and interventions provided in this environment are intensive and directed to individuals' personal healing.

Approval

Proposals for Pathways units must have the support of the Regional Administrator, Aboriginal Initiatives, and the approval of the Director General, Aboriginal Initiatives.

Pathways

Pathways units/ranges are specifically located at men's medium security institutions or women's institutions, as this is where the most intensive interventions and programming are best delivered and where the majority of the Correctional Plan is addressed.

It is important to recognize and state that Pathways is not merely an "Aboriginal" unit/range. The purpose of Pathways is not to address institutional population management needs, by grouping all Aboriginal offenders in one area. CSC must ensure that Elder/Spiritual Advisor services are available to all federally incarcerated Aboriginal offenders in addition to what is offered by Pathways, as outlined in policy. Pathways must be reserved for offenders who are serious about addressing their healing in a traditional Aboriginal way, working with Elders/Spiritual Advisors to do so. The offenders must have demonstrated over a significant period of time that they have committed to a healing path. These individuals must be supported by the Elder/Spiritual Advisor to be accepted to Pathways, not simply appointed due to bed space pressures. Spiritual and cultural services provided must be more intensive and specific to individuals' healing journeys and must be above and beyond the services that CSC is required to make available to all Aboriginal offenders. Pathways is open to all offenders who have made a commitment to following this traditional healing way of life. Although it is clearly most appropriate for Aboriginal offenders, on rare occasions a non-Aboriginal offender may be a good candidate for Pathways interventions.

Pre-Pathways

Maximum security institutions may commit resources to focus on the preparation of individuals to move to a Pathways unit/range. Although it may not be possible to designate a range or bed space to a Pre-Pathways initiative, it would be most beneficial to have a designated space (room). Elders/Spiritual Advisors can work with individuals who have committed to following a healing path. The offender will have been attending ceremonies with the Elder/Spiritual Advisor and may have initiated an Elder/Spiritual Advisor Review. This type of focused intervention will be referred to as Pre-Pathways interventions.

Pathways Transition

Completing this continuum of focused traditional spiritual and cultural healing interventions, minimum institutions may also commit resources to support offenders being transferred from Pathways units/ranges to continue their healing journey. Although the most appropriate next step would be for the offender to transfer to a Healing Lodge, it is recognized that not all will choose to apply to a Healing Lodge. Elder/Spiritual Advisor services and interventions would focus on supporting offenders to take ownership of their own healing and connecting them with the appropriate spiritual and cultural resources in the community. A designated house at minimum institutions identified to provide this intervention will be referred to as a Pathways Transition House.

Principles

Implementing Pathways in an institutional environment is very difficult and must be approached slowly and with great care. It is important to have an implementation plan that is in line with the Pathways concept, developed with the guidance of an Elder/Spiritual Advisor and supported by senior management. Implementing Pathways in the institutional environment will require:

Patience

Staff must have realistic expectations of how the initiative will unfold and the results that will be produced. It will be important to have perspective of what success is for the offenders that will be involved. Healing is a lifelong journey and progress may be slow at times.

Integrity

Both the staff and the offenders chosen to participate must have demonstrated integrity in their lifestyles. Pathways must promote the traditional healing way of life in every aspect of its operations; this can only be achieved if those involved with the unit/range on a day-to-day basis demonstrate their support for this way of life.

Role modelling

Staff must ensure that their actions reflect the integrity of Pathways as offenders will rely on their examples for how to conduct themselves. Traditionally, role modelling has been a powerful tool used to pass on Aboriginal peoples' way of life, and if staff are good role models, offenders will begin to take on this role with other offenders on the unit/range.

Flexibility

It is important to remain flexible to make Pathways work in the institutional environment, but staff must be very particular about where they are willing to compromise in order to maintain the integrity of Pathways. Staff must ensure that Pathways' essential criteria are maintained.

Education

The Pathways staff team should play an active role in educating institutional staff about the Pathways concept and the cultural and spiritual interventions that make an impact in offenders' lives. It is also essential that the community (both Aboriginal and non-Aboriginal) is aware of what Pathways aims to accomplish, the successes they experience and the role of the community in the offenders' healing journey.

Privilege and responsibility

It is important to convey the message that being placed on a Pathways unit/range is a privilege, not a right. Offenders must do a lot of work before getting there and they will be expected to continue that work when they are transferred or released. With this privilege comes responsibility for their own healing journey and they must be ready to be accountable to their Elder/Spiritual Advisor, their community, their fellow offenders and themselves.

Pathways Team

Elders/Spiritual Advisors

Elders/Spiritual Advisors provide the fundamental services and direction for Pathways (Elder driven), and it is essential that the staff team follow the teachings and guidance that the Elder/Spiritual Advisor provides.

Regional Pathways Coordinator

The Regional Pathways Coordinator works under the guidance of the Elders/Spiritual Advisors in the institutions with Pathways units. The Coordinator is to form and mobilize a team with the support of senior managers in the institution. This team should be able to run the unit/range effectively with direction from the Elders/Spiritual Advisors, holding true to the Pathways concept. Cultivating a strong team is extremely important and a key role of the Coordinator. The Pathways team is part of the greater institutional team, utilizing the expertise and skills of all staff to the benefit of the offenders on the Pathways unit/range. This means, among other things, that the Pathways team must work closely with all members of the Case Management Team, including Parole Officers, Elders/Spiritual Advisors, and Aboriginal Liaison Officers to appropriately address Pathways offenders' needs.

Pathways Coordinators at a site level are only available when the Pathways units contain more than 40 beds and they would follow the same principles as the Regional Pathways Coordinator.

Additional Staff

Staff members designated to the unit/range could include a Parole Officer, Primary Worker, Correctional Officers, Aboriginal Liaison Officer and/or Elder's helper. These individuals would work together to meet the intensive spiritual and cultural needs of the offenders on the Pathways unit/range. The Manager/Supervisor plays an integral role in the success of Pathways. Although it is not necessary to have Parole Officers who are designated to work on the Pathways unit/range, this is always greatly beneficial to the offenders on Pathways as they are integral contributors to the planning and implementation of their Correctional Plans. Parole Officers/Primary Workers working with offenders on Pathways must have a clear understanding of the Pathways concept and the work that the offenders are undertaking. Correctional Officers working on the unit/range must also have a clear understanding of the Pathways concept and must contribute to the healing environment that Pathways provides offenders. Additionally, the Institutional Head, Deputy Warden, Assistant Warden, Interventions, and other senior managers must be supportive for the initiative to be fully effective.

When staffing these positions on a Pathways unit/range, it is essential to ensure that the individuals understand the concept of Pathways and what would be expected of them. It is not necessary that all staff be of Aboriginal descent, but it is necessary that all staff are open and willing to learn and participate in cultural practices and spiritual ceremonies.

Whether staff are designated to Pathways or work with offenders on a case-by-case basis, training must be conducted to ensure that all staff possess the cultural competence required to effectively contribute to the healing environment of the Pathways unit/range.

Structure and Other Requirements

Vision

The vision and philosophy of Pathways should focus on a healing range as part of the Continuum of Care. It will be part of a regional approach to prepare offenders to transfer to lower security or return to the community.

Pre-Pathways

Pre-Pathways interventions in maximum institutions do not require the designation of a specific unit/range in order to proceed. Recognizing various population management concerns and the physical layout of maximum institutions, staff will work one on one or in small groups, with identified and committed offenders, to prepare them for transfer to Pathways units/ranges in medium security. Specific interventions, identified offenders, a designated Elder/Spiritual Advisor and adherence to the Pathways concept and principles must be apparent to be identified as Pre-Pathways. This would not normally require additional resources, but rather a refocusing of existing resources. For Pre-Pathways to be successful in this environment there must be strong commitment and a willingness to be flexible on behalf of institutional management.

Pathways

Pathways units/ranges at medium or women offender institutions must be designated bed spaces reserved specifically for offenders participating in Pathways. These bed spaces should not be utilized to offset bed space pressures within the institution, as this could result in the inappropriate placement of offenders to the unit/range to the detriment of the healing environment established. Reserving a specific space for Pathways is essential to establishing an environment that is safe and appropriate for offenders to address their healing, therefore this cannot be considered optional when proceeding with the development of Pathways. In addition, intensive programming, cultural and spiritual interventions, a designated Elder/Spiritual Advisor and adherence to the Pathways concept and principles must be apparent to be identified as Pathways.

Double bunking is not considered appropriate accommodations for offenders engaged in a healing path. Individuals participating in Pathways interventions will have high expectations placed on them, they will be required to remain substance free and they will have to address intensive personal issues, all of which will place additional stress on the individual. They must be afforded personal space where they are able to reflect and rest and this is best done in their own personal bed space.

When considering whether to accept gang members for participation in Pathways, each site must decide how to proceed in consultation with their Elder(s)/Spiritual Advisor(s). It is essential that it be made clear that no active gang members are to be involved in any type of Pathways initiative. Individual cases would need to be reviewed by the Pathways team; they may determine that it is enough for an individual to make a commitment to "lay down their colours" and not participate in any gang activity during their involvement with Pathways.

Individuals participating in Pathways are expected to be substance free as this directly affects their healing process. It is appropriate to participate in regular institutional urinalysis spot checks, and random checks should be part of Pathways. Establishing timelines, procedures and resources is to be accomplished in partnership with the Pathways staff team and the institution. Designated Effective Corrections Pathways funds are not to be used for this purpose.

Pathways Transition

Pathways transition units in minimum institutions must also have designated bed spaces reserved for offenders participating in Pathways transition interventions. Considering the structure of these houses it would be most appropriate to have entire houses designated to Pathways transition for the same reasons stated for Pathways unit/ranges in medium institutions. A close working relationship with Pathways unit/ranges, involvement of Aboriginal communities, a designated Elder/Spiritual Advisor and adherence to the Pathways concept and principles must be apparent to be identified as Pathways transition. Additional resources would not normally be required, but a refocusing of existing resources and strong linkages to the Aboriginal community are essential.

Referrals and Applications

A referral and decision process must be documented and outlined to ensure consistency.

Admission Criteria

The admission criteria must be clearly documented and outlined as well as the expected behaviours of participants and the rules of the unit. The criteria for possible removal from Pathways must also be clearly outlined. To be admitted in the program, the offender must have already been working with Elders/Spiritual Advisors for a significant period of time and demonstrated a commitment to a healing journey.

Decision Making

The decision making process for acceptance into Pathways is a team decision approach including the Elders/Spiritual Advisors (Pathways and institutional), Aboriginal Liaison Officers, Pathways Coordinator and any other team members deemed appropriate.

Expectation Documentation

Documentation is available to clearly outline the rules of the Pathways unit. The expectations placed on the offender will also be clearly outlined so he/she is aware of what is required in order to remain in the Pathways unit. There should be offender input on developing the rules/expectations of the unit.

Dispute Resolution

Documentation is available to clearly outline how any disputes on the unit will be resolved as well as how offender disciplinary matters will be dealt with.

Consequences

Consequences of rule infractions should be clearly outlined. Infractions that have zero tolerance must be clearly stated (e.g. use of intoxicants).

Criteria for Removal

A system is in place to clearly outline what would cause an offender to be removed from the Pathways unit. A link to the disciplinary process would ensure that only those offenders who are committed to healing remain on the unit.

Wait List

A wait list is required to ensure that there is always someone available to fill any open beds once someone has left. The wait list should be 50% of available bed space.

Information Dissemination

Documentation exists to ensure that other staff and offenders are aware of the Pathways initiative, including:

  • vision;
  • admission criteria;
  • selection process;
  • rules/expectations.
Program/Intervention/Ceremony/Circle Schedule

There is a clearly identified schedule for increased ceremonial, spiritual and cultural activities so that there is a visible difference between Pathways and non-Pathways populations.

Data Tracking

Data must be entered into OMS to ensure that appropriate data is available for evaluation and corporate reporting purposes.

Aboriginal Community

It is important to note and recognize the role of the Aboriginal community in Pathways. As outlined in the Continuum of Care, in order for Aboriginal-specific interventions to be effective, the Aboriginal community must be involved. The participation of the community in Pathways will clearly increase through the Pathways continuum, as an offender moves from Pre-Pathways to Pathways Transition. In order to effectively address healing in the lives of offenders, the offenders' communities must be involved in the healing process. In order to support continued healing, communities must be willing to support continued cultural and spiritual interventions upon the offenders' release. This must be done with the utmost consideration for families and victims in Aboriginal communities.

Success of Pathways

In order to determine whether a Pathways initiative is successful, there are several perspectives that must be considered.

Elder/Spiritual Advisor Perspective
  • The philosophy and vision are being adhered to.
  • The institution is supportive and the Case Management Team witnesses the changes in the men/women.
  • The men/women demonstrate respect and follow their Correctional Plan.
  • The Pathways team members are role models in the institution.
Offender Perspective
  • The experience is valuable and they demonstrate respect and abstain from intoxicating substances and violence.
  • They follow their Correctional Plan and deal with issues appropriately.
  • They participate in spiritual interventions.
  • They are prepared to transfer to Healing Lodges, Pathways transition units or the community.
  • They continue their healing path in the community and do not return to the institution.
Pathways Team Perspective
  • There is a team approach, decisions are made collaboratively.
  • Everyone is respectful and information is shared.
  • Changes are not made without consultation; members feel respected and supported by the Pathways Coordinator, supervisor and team.
Management Perspective
  • They witness a difference in the offenders' behaviour.
  • They can demonstrate results where offenders are adhering to their Correctional Plan.
  • There are more escorted/unescorted temporary absences, conditional releases and transfers to lower security as a result of Pathways.
  • There are fewer institutional incidents and offences as a result of Pathways.
Aboriginal Community Perspective
  • The community is engaged with Pathways in a meaningful way to support continued cultural and spiritual interventions for offenders.
  • Released offenders are returning as healthier contributing members of the community.