Correctional Service Canada
Symbol of the Government of Canada

Commissioner's Directive

Date:
2008-12-18

Number - Numéro:
702

Aboriginal Offenders

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

PDF

Policy Bulletin 275


POLICY OBJECTIVE

1. To contribute to rehabilitation, reintegration and public safety by providing clear and concise direction regarding CSC's responsibility to respond to the specific needs of Aboriginal offenders through the provision of effective interventions.

AUTHORITIES

2. Canadian Charter of Rights and Freedoms

Canadian Human Rights Act

Corrections and Conditional Release Act (CCRA), sections 79 to 84

Corrections and Conditional Release Regulations (CCRR), section 114

CROSS-REFERENCES

3. Fire Safety Manual

National Parole Board Policy Manual

Manual on Religious and Spiritual Accommodation

CD 081 - Offender Complaints and Grievances

CD 259 - Exposure to Second Hand Smoke

CD 345 - Fire Safety

CD 566 - Prevention of Security Incidents

CD 566-3 - Inmate Movement

CD 566-4 - Inmate Counts and Security Patrols

CD 566-7 - Searching of Inmates

CD 566-8 - Searching of Staff and Visitors

CD 566-9 - Searching of Cells, Vehicles and Other Areas of the Institution

CD 566-12 - Personal Property of Inmates

CD 568-5 - Management of Seized Items

CD 577 - Operational Requirements for Cross-Gender Staffing in Women Offender Institutions

CD 580 - Discipline of Inmates

CD 700 - Correctional Interventions

CD 701 - Information Sharing

CD 705 - Intake Assessment Process

CD 705-1- Preliminary Assessments and Post-Sentence Community Assessments

CD 705-3 - Immediate Needs and Admission Interviews

CD 705-5 - Supplementary Intake Assessments

CD 705-6 - Correctional Planning and Criminal Profile

CD 705-7 - Security Classification and Penitentiary Placement

CD 710 - Institutional Supervision Framework

CD 710-1 - Progress Against the Correctional Plan

CD 710-2 - Transfer of Offenders

CD 710-3 - Temporary Absences and Work Releases

CD 710-5 - Judicial Review

CD 710-6 - Review of Offender Security Classification

CD 712 - Case Preparation and Release Framework

CD 712-1 - Pre-Release Decision Making

CD 712-2 - Detention

CD 712-3 - National Parole Board Hearings

CD 712-4 - Release Process

CD 715-4 - Community Assessments

CD 726 - Correctional Programs

CD 760 - Leisure Activities

CD 767 - Ethnocultural Offender Programs

CD 880 - Food Services

SOP 760 - Arts and Crafts

DEFINITIONS (see also Annex B)

4. Aboriginal: Indian (status or non-status), Inuit or Métis (CCRA).

5. Ceremonial (traditional) medicines: sacred natural medicines used during ceremonies. The medicines are burned to "smudge" oneself or physical space and include, but are not limited to the following:

  • sweet grass;
  • sage;
  • cedar;
  • tobacco (the burning of tobacco in the context of "smudging" is not the same as smoking cigarettes (refer to CD 259).

6. Ceremonial objects or personal spiritual effects: objects, deemed by traditional Elders/Spiritual Advisors and the offender or carrier, as sacred, spiritual or ceremonial in nature and include, but are not limited to the following:

  • ceremonial medicines and bags to hold them;
  • smudge bowls (e.g. abalone shell, non flammable container);
  • ceremonial pipes (carried by Elders and not inmates);
  • sacred waters;
  • drums and rattles or shakers;
  • feathers;
  • cloth prints or flags;
  • Métis sash;
  • ceremonial clothing;
  • inukshuk;
  • qulliq (stone lamp);
  • seal or whale fat, seal skin;
  • scratchers and compacts.

7. Aboriginal Corrections Continuum of Care model: a care model (referred to as the 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. (Refer to Annex A.)

8. 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. For instance, when a male Elder 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.

9. Cultural ceremonies: 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;
  • return of the community hunt ceremonies.

Ceremonies will often incorporate the use of traditional (or non-traditional) foods and/or gift giving. The purpose of a ceremony will depend on the participants and the Elder as there are many reasons for attending or requesting a ceremony. In the conduct of ceremonies, the cross-gender protocol must be adhered to.

10. 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.

11. 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 Angakuks who is an Inuit shaman or medicine man. (This definition does not apply to inmates who may have ceremonial knowledge.)

12. Holistic approach: looking at an individual's overall physical, mental, spiritual and emotional well-being. A whole person is made up of physical, mental, spiritual and emotional aspects.

13. Smudging: the act of burning ceremonial medicines to pray and purify oneself or physical space. It is also an act of unity, used to open ceremonies (e.g. sacred circles) to prepare participants for healing or sharing.

PRINCIPLES

14. Culturally appropriate interventions that address the specific needs of Aboriginal offenders will be available at all levels within the Continuum of Care. The interrelatedness of all interventions within the Continuum of Care is recognized. (Refer to Annex A.)

15. CSC is committed to providing Aboriginal offenders with a holistic approach to further develop their understanding of traditional Aboriginal spirituality.

16. Collaboration with Aboriginal communities is essential to ensure the diverse needs of Aboriginal offenders are met.

17. All CSC staff will consider an Aboriginal offender's social history when making decisions in accordance with the Gladue principles (refer to Annex B).

RESPONSIBILITIES

18. In accordance with section 82 of the CCRA, a National Aboriginal Advisory Committee will be established to provide advice on the provision of correctional services to Aboriginal offenders.

19. All managers must ensure that policies and procedures are written so as to be culturally appropriate. The Director General, Aboriginal Initiatives Directorate will be consulted on all national CSC policies and procedures.

20. The Director General, Aboriginal Initiatives Directorate will work with all sectors and regions of CSC as well as the external Aboriginal communities to ensure that operational practices and interventions respect and recognize the unique needs of Aboriginal people in the Continuum of Care.

21.The Regional Deputy Commissioner will establish, chair and maintain a Regional Aboriginal Advisory Committee to provide advice on the provision of correctional services to Aboriginal offenders. (CCRA, section 82)

22. The Regional Deputy Commissioner will ensure Aboriginal communities are engaged in the reintegration process for Aboriginal offenders returning to those communities pursuant to section 84 of the CCRA, where the offender has consented.

23. The Regional Administrator, Aboriginal Initiatives, or his/her delegate, as appropriate, will consult with Aboriginal communities, Regional Aboriginal Advisory Committees and/or Councils of Elders for the purposes of:

  1. locating Elders/Spiritual Advisors willing and able to attend to the spiritual needs of Aboriginal offenders; and
  2. entering into contracts for the services of an Elder/Spiritual Advisor or Program Elder/Spiritual Advisor.

24. In consultation with the Regional Administrator, Aboriginal Initiatives, the Institutional Head will ensure Aboriginal offenders are provided with the services of an Elder/Spiritual Advisor.

25. The Institutional Head will consult with the Elder/Spiritual Advisor (or Aboriginal Liaison Officer when the Elder/Spiritual Advisor is not available) when there is any discussion, question, or concern regarding ceremony, spirituality, traditional medicines, ceremonial objects or sacred grounds within the institution. The Institutional Head's decisions will take into account the knowledge and guidance of the Elder/Spiritual Advisor (or Aboriginal Liaison Officer when the Elder/Spiritual Advisor is not available).

26. The Institutional Head will consult with Elders/Spiritual Advisors, Aboriginal Liaison Officers and Aboriginal communities (where appropriate) in establishing a Standing Order describing the procedures for the collection and storage of ceremonial objects (rocks, wood, etc.). The Institutional Head is responsible for the provision of the resources for this purpose.

27. The District Director will ensure that offenders residing at a Community Correctional Centre have reasonable access to Aboriginal-specific resources in the community.

28. The Elder/Spiritual Advisor, with the assistance of the Aboriginal Liaison Officer, will complete the Elder/Spiritual Advisor Reviews and Healing Plans. Elders/Spiritual Advisors may, but are not required to, write their own reports. (Refer to Annex C and paragraph 29.)

29. The Aboriginal Liaison Officer will enter the Elder Review and Healing Plan documents into the Offender Management System (OMS) and will share them with the offender. (Refer to Annex C and paragraph 28.)

30. The offender is responsible for engaging in his or her Correctional/Healing Plan with the Elders and staff for the purpose of reintegration into the community in a safe manner.

ROLE AND ENGAGEMENT OF ELDERS/SPIRITUAL ADVISORS

31. Elders/Spiritual Advisors will provide individual counselling, teachings and ceremonial services to Aboriginal offenders and be part of the Case Management Team.

32. Elders/Spiritual Advisors who work with programs will perform the specific tasks for which they are contracted for in relation to their role within programs.

SPACE FOR SPIRITUAL ACTIVITIES

33. The Institutional Head will provide office space for Elders/Spiritual Advisors consistent with what is provided for the Chaplain.

34. The Institutional Head will designate indoor and outdoor space for the conduct of traditional ceremonies and spiritual activities such as smudging, pipe and sweat lodge ceremonies. Ceremonial grounds will be established in consultation with the Elders/Spiritual Advisors, and upon advice of the Elders/Spiritual Advisors, they may be moved when appropriate. The Institutional Head is also responsible for resources for the acquisition and storage of traditional medicines.

ROLE AND ENGAGEMENT OF ABORIGINAL LIAISON OFFICERS

35. Aboriginal Liaison Officers (ALO) assist in providing leadership, cultural awareness, counselling and general services to Aboriginal offenders. They constitute a link between the offender and the Aboriginal community. As members of the Case Management Team, ALOs provide a mechanism for advancing the cultural and spiritual needs of Aboriginal offenders through communication with case management and correctional program staff. ALOs work closely with Elders/Spiritual Advisors to ensure the Case Management Team has an understanding of the offender's work with the Elder/Spiritual Advisor. ALOs are not considered "Spiritual Advisors" as defined in this policy and are not responsible for providing ceremony to offenders.

PREPARATION FOR CEREMONIES

36. Where operationally feasible and approved by the Institutional Head, sweet grass, sage or other required smudging substances will be harvested or collected by Aboriginal offenders locally, when in season. Alternatively, they will be purchased or grown by the institution if the Elder/Spiritual Advisor and the Institutional Head agree that it is an appropriate alternative. Requests may be made by the ALO to Aboriginal organizations or communities or other CSC institutions for assistance in maintaining an adequate yearly supply.

37. No inmate will conduct ceremonies with the exception of personal smudging.

ABORIGINAL PROGRAMS

38. CSC will provide Aboriginal correctional programs to meet the identified needs of Aboriginal offenders (CD 726). (CCRA, section 80)

PATHWAYS INITIATIVES

39. Pathways units are specific units, ranges or houses within designated medium security (or multi-level) institutions devoted to providing a healing and traditional environment for offenders dedicated to following an Aboriginal healing path. The operational framework of the Pathways unit will adhere to the principles of healing, as guided by the Elders/Spiritual Advisors. Pathways offer Aboriginal-specific initiatives, interventions, case management and offender services with a focus on cultural, traditional and ceremonial practices. Elders/Spiritual Advisors and ALOs play an integral role in shaping the Pathways environment. Institutions with Pathways units may have specific designated names for the units.

40. Maximum security institutions may dedicate resources and implement an Aboriginal-specific intervention strategy to focus on the preparation of individuals to move to a Pathways unit/range. This type of intervention will be referred to as a Pre-Pathways intervention. These specific initiatives or interventions will focus on cultural, traditional and ceremonial practices and will be guided by the Elder/Spiritual Advisor. Institutions with Pre-Pathways interventions may have specific designated names for the initiative. Due to the operational environment of a maximum security institution, it may not be appropriate to dedicate a unit/range to this initiative; however a space conducive to ceremony where daily intervention can occur is required.

41. Minimum security institutions may dedicate resources and implement an Aboriginal-specific intervention strategy to focus on the individuals who have moved from a Pathways unit/range. This type of intervention will be referred to as Pathways transition intervention. These specific initiatives or interventions will focus on cultural, traditional and ceremonial practices and will be guided by the Elders/Spiritual Advisors. Institutions with Pathways transition interventions may have specific designated names for the initiatives.

42. Offenders in Pathways units must commit to working with the Elders/Spiritual Advisors and staff to follow a healing path and adhere to the established Pathways community rules of conduct.

43. Staff working with Aboriginal offenders in Pathways units will have a level of cultural competence relative to their role in the reintegration of Aboriginal offenders. This will be taken into account during the hiring and recruitment process for Pathways.

44. Pathways structure or framework (e.g. screening process, discipline process) will be guided by the Elder/Spiritual Advisor in partnership with the manager responsible for the operational unit (range or house) and following national guidelines in Annex G.

HEALING LODGES

45. A Healing Lodge under section 81 of the CCRA is the result of an agreement the Minister of Public Safety has signed with an Aboriginal community for the provision of correctional care and custody of offenders.

46. CSC will follow the terms and conditions of section 81 agreements as signed by the Minister for the correctional services provided by an Aboriginal community, including care and custody where applicable.

47. A CSC Healing Lodge or Healing Village is a Healing Lodge operated by CSC in cooperation with an Aboriginal community. These facilities may or may not be located on First Nations' reserve land.

48. The purpose of a Healing Lodge/Village is to provide a healing community that utilizes a culturally-based holistic healing process which contributes directly to the safe and effective reintegration of Aboriginal offenders.

49. To be accepted into a Healing Lodge, offenders must commit to working with the Elders/Spiritual Advisors and staff to follow a healing path.

50. Staff working at a Healing Lodge will have a level of cultural competence relative to their role in the reintegration of Aboriginal offenders. This will be taken into account during the hiring and recruitment process for Healing Lodges.

ROLE AND ENGAGEMENT OF ABORIGINAL COMMUNITY DEVELOPMENT OFFICERS

51. The Aboriginal Community Development Officers assist in the reintegration of Aboriginal offenders in Aboriginal communities, providing a bridge between CSC and the Aboriginal communities or organizations and facilitating the section 84 process in conjunction with the Parole Officers. They support the Aboriginal communities in providing release plans to be incorporated into Parole Officer reports for submission to the National Parole Board.

DATA REGARDING ABORIGINAL OFFENDERS

52. All offender management or program activity reports, research reports or data collection methods (Corporate Monitoring Tool) containing statistical summaries must include the Aboriginal proportion of totals at every level for both men and women offenders. The analysis of this data by the appropriate departments will serve to assist CSC in meeting the unique needs of Aboriginal offenders.

ABORIGINAL OFFENDER WELLNESS COMMITTEE

53. Aboriginal offenders may form a wellness group or committee, in order to pursue their cultural needs and interests. The prospective committees must submit, for approval by the Institutional Head, a protocol document outlining the terms and objectives with regard to their role within the institution. The protocol document must be consistent with correctional principles as set out in the CSC Mission statement and this policy. Protocols submitted will be reviewed within 30 days by the Institutional Head and institutional Elders/Spiritual Advisors, and if approved may be operative for two years. (Refer to Annex D.)

GIVEAWAYS AND OFFERINGS

54. Giveaways and offerings will be permitted in the context of traditional Aboriginal protocols and ceremonies. The proper forms will be utilized for removal of the items from the institution. (Refer to Annex E.)

TRADITIONAL FOODS

55. Traditional foods and non-traditional foods are permitted into the institution provided that the foods are to be utilized in a ceremony or celebration, follow the guidelines outlined in Annex F and are approved by the Institutional Head.

Commissioner,

Original signed by:
Don Head

 

Annex A
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.

Text Box:

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:

  1. starts at intake, to identify Aboriginal offenders and to encourage them to bridge the disconnect with their culture and communities;
  2. leads to paths of healing in institutions to better prepare Aboriginal offenders for transfer to lower security and for conditional release;
  3. engages Aboriginal communities to receive offenders back into their community and support their reintegration; and
  4. 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 B
CONCEPTS AND DEFINITIONS

Aboriginal social history: the Gladue principles (see definition below) are referred to as Aboriginal social history. These principles apply only to Aboriginal offenders and not to non-Aboriginal offenders who choose to follow the Aboriginal way of life. They identify important attributes that must be examined when assessing the needs of Aboriginal offenders. These concepts can include the following (note that this is not an exhaustive list):

  • effects of the residential school system (see definitions)
  • sixties scoop (see definitions) 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
  • loss of or struggle with cultural/spiritual identity
  • exposure or membership to street gangs/Aboriginal gangs/criminal organizations.

Ceremonial and cultural sites: may include but are not limited to:

  • Aulâsimavvik (Inuit - being on the land)
  • Big House
  • Healing Lodges
  • Long House
  • Natural creeks and rivers
  • Sacred Mountain
  • Smoke House
  • Sod House
  • Sundance Lodges
  • Sweat Lodges
  • Teaching Lodges
  • Tupiq (skin tent).

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.

Elder/Spiritual Advisor: the work of the Elders is the driving force behind the healing process that emphasizes the positive in terms of cultural identity, relationship to family and community, and personal development and awareness. This work is done in a holistic manner, taking into consideration the physical, mental, spiritual and emotional components of an individual. The telling of stories, sharing of traditional teachings and conducting of ceremonies are the sharing of wisdom and knowledge and serve to assist the individual in following the traditional lifestyle, the Red Road, to healing. The Elders teach how to change behavioural patterns; they counsel the offenders to love, honour and respect, to be humble and to take responsibility for their past actions. Elders instil a sense of pride in individuals and encourage people to come to their own conclusions in a positive way. Elders do not normally tell people what to do; rather, they enable people to make the right decisions for themselves. Some of this is accomplished through ceremony and some through traditional teachings and counselling. This is a life-long process and commitment to this lifestyle is generally easy to observe with behavioural examples.

Elder’s helper: this title can be applied to an offender, contract staff, staff member or a member of the community. This position carries with it certain responsibilities and protocols. The position’s main function is to assist the Elder/Spiritual Advisor with ceremonies. Duties are functionally directed by the Elder/Spiritual Advisor.

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.

Gladue principles: a Supreme Court decision rendered in April 1999 noted that paragraph 718.2(e) of the Criminal Code had not been applied in the manner in which it had originally been designed. Although the principles of denunciation, deterrence (specific and general) and rehabilitation are considered and applied to individual offenders’ sentences, there are other circumstances and mitigating factors that must be taken into account, especially when dealing with the sentencing of Aboriginal offenders. In response to this decision, CSC will ensure that Aboriginal circumstances (see “Aboriginal Social History”) will be considered at all levels of decision making respecting Aboriginal offenders.

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.

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, 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.

Personal spiritual effects: a collection of natural objects or substances of spiritual value. Any specific questions on content, items, size and appropriateness should always be directed to the Elder/Spiritual Advisor.

Red Road or Red Path: see “healing journey”.

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.

Sixties scoop: the phenomenon, beginning in the 1960s to the late 1980s, where Aboriginal children were apprehended from their families and fostered or adopted, usually by non-Aboriginal families. The government’s child welfare system, acting in the “best interest of the child”, gave social workers the authority to apprehend children from what they may have considered a deprived home life. Adult adoptees have articulated their multiple experiences of loss, including: cultural identity, contact with birth families, lack of access to medical histories, and for status First Nation children, loss of their status.

Traditional Aboriginal food: food that has been obtained by Aboriginal people and that may not have been inspected by a government agency/department. 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 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.

Takujatsak: in the Labrador Inuit way, a “takujatsak” is a souvenir given to special persons as they are going away or when a Spiritual Guide/Elder or spiritually-significant other sees, affirms and acknowledges the growth and healing.

Annex C
ELDER/SPIRITUAL ADVISOR REVIEWS AND HEALING PLANS

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 or 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 or 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).

A Healing Plan which is also included in the Correctional Plan and Correctional Plan Progress Reports (CPPR) allows special attention to be paid to the particular circumstances and background of Aboriginal offenders. This plan is developed by the Elders in consultation with the ALO. The quality control of the finished report 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 or she wants to work with an Elder, the Parole Officer/Primary Worker 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. 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 Elder and offender determine that the offender is ready for a Healing Plan during this phase, one would be developed for inclusion in 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 and Healing Plan would continue. If a Healing Plan was not developed during the intake process, one would be developed during this phase for inclusion in the next updated CPPR.

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/Primary Worker 60 days prior to the required updated CPPR. It is the responsibility of the Parole Officer/Primary Worker 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 his sentence and is preparing for a National Parole Board decision process, the Elder Review and Healing Plan will be updated to specifically address the possible transition into the community.

Elder Review (Reintegration) - The report would be completed for National Parole Board decision-making purposes. It is the responsibility of the Parole Officer/Primary Worker 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/Primary Worker 60 days prior to the required updated CPPR. Consistent communication among the Case Management Team should ensure this requirement is met.

CONTENT GUIDELINES - ELDER REVIEW (Intake, Intervention, Reintegration)

The following content guidelines are 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
  • gang involvement.

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 ASPECT (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 or she has attended counselling sessions and/or ceremonies. How has the offender's participation contributed to dealing with his or 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?

 

CONTENT GUIDELINES - HEALING PLAN

The following content guidelines are a suggestion only, to assist the Elders in providing the information.

TYPE OF OMS REPORT: Integrated into Correctional Plan and Correctional Plan Progress Report

Elder name
Using the Elder’s Review, outline the plans for each component over a specified period of time. (e.g. until the change of season, next parole decision date or transfer to lower security).

1. Physical Aspect
What ceremonies/teachings/activities will he or she partake in to address the physical aspects outlined in the Elder Review?

2. Emotional Aspect
What ceremonies/teachings/activities will he or she partake in to address the emotional aspects outlined in the Elder Review?

3. Spiritual Aspect
What ceremonies/teachings/activities will he or she partake in to address the spiritual aspects outlined in the Elder Review?

4. Mental Aspect
What ceremonies/teachings/activities will he or she partake in to address the mental aspects outlined in the Elder Review?

 

Annex D
ABORIGINAL OFFENDER WELLNESS COMMITTEE GUIDELINES

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. 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 or her personal property record in accordance with CD 566-12.

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.

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 on 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

Written requests received from the Aboriginal Offender 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. (See Annex B.)

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
  • separate (not institutional kitchen) eating and cooking utensils are used in the service of the foods and stored in a location other than the institutional Food Services area.

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 (as defined in Annex B) 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 GUIDELINES

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 (see Annex A), 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 to address areas of healing, are to be placed on a Pathways unit/range. The Elder services, programming and interventions provided in this environment are intensive and directed to individuals’ personal healing.

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 services are available to all Aboriginal offenders federally incarcerated 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 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 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 can work with individuals who have committed to following a healing path. The offender will have been attending ceremonies with the Elder and may have initiated a Healing Plan with the Elder and Case Management Team in preparation for transfer. This type of focussed 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 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 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 modeling 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, their community, their fellow offenders and themselves.

Pathways Team

Elders
Elders provide the fundamental services and direction for Pathways, and it is essential that the staff team follow the teachings and guidance that the Elder provides. 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.

Pathways Coordinator
The Pathways Coordinator is not to work in isolation, but is to work under the guidance of the Elder. The Coordinator is to form and mobilize a staff team with the support of senior managers in the institution. This is meant to be a developmental position that can be phased out within a two- or three-year timeframe. The Coordinator should, therefore, engage a Pathways team that is able to run the unit effectively under direction from the Elders, holding true to the Pathways concept, under the direction of the designated manager or other identified staff members. Permanent positions could be considered in situations where a Project Coordinator would be responsible for a Pathways unit/range of more than 60 men or women or in cases where they are responsible for multiple Pathways unit/ranges. This would require more intensive coordination therefore a permanent position could be considered.

Additional Staff
Staff members designated to the unit 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, and could very well take over the coordination of the unit/range once the Pathways Coordinator position is phased out. 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 of Correctional Programs and other senior managers must be supportive for the initiative to be fully effective.

Cultivating a strong team is extremely important and a key role that the Pathways Coordinator must take on very early in the process of developing Pathways in an institution. The Pathways staff team must be part of the greater institutional team, utilizing the expertise and skills of all staff to the benefit of the offenders on Pathways. This means, among other things, that the Pathways team must work closely with the institutional Elders, Aboriginal Liaison Officers and Case Management Team to appropriately address Pathways’ offenders’ needs, Correctional Plans and Healing Plans.

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.

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 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 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 and adherence to the Pathways concept and principles must be apparent to be identified as Pathways.

In all circumstances, 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). 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 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 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 (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 or 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:

  1. Vision;
  2. Admission Criteria;
  3. Selection Process;
  4. 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

The National Data Tracking Tool must be used 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 Perspective

  1. The philosophy and vision are being adhered to.
  2. The institution is supportive and the Case Management Team witnesses the changes in the men/women.
  3. The men/women demonstrate respect and follow their healing plan/path.
  4. The Pathways team members are role models in the institution.

Offender Perspective

  1. The experience is valuable and they demonstrate respect and abstain from intoxicating substances and violence.
  2. They follow their healing plan/path and deal with issues appropriately.
  3. They participate in spiritual interventions.
  4. They are prepared to transfer to Healing Lodges, Pathways transition units or the community.
  5. They continue their healing path in the community and do not return to the institution.

Pathways Team Perspective

  1. There is a team approach, decisions are made collaboratively.
  2. Everyone is respectful and information is shared.
  3. Changes are not made without consultation; members feel respected and supported by the Pathways Coordinator, supervisor and team.

Management Perspective

  1. They witness a difference in the offenders’ behaviour.
  2. They can demonstrate results where offenders are adhering to their Correctional Plan and Healing Plan.
  3. There are more escorted/unescorted temporary absences, conditional releases and transfers to lower security as a result of Pathways.
  4. There are fewer institutional incidents and offences as a result of Pathways.

Aboriginal Community Perspective

  1. The community is engaged with Pathways in a meaningful way to support continued cultural and spiritual interventions for offenders.
  2. Released offenders are returning as healthier contributing members of the community.