Commissioner's Directive

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Policy Bulletin 263

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POLICY OBJECTIVE

1. To provide the mechanisms by which inmates can be encouraged to develop and maintain positive community and family relationships that will assist them to prepare for reintegration as law-abiding citizens.

RESPONSIBILITY

2. The authority of the Institutional Head in this directive may be delegated to a staff member designated by the Institutional Head.

GENERAL VISITING

3. The Institutional Head shall:

1. ensure that general visiting is available to all inmates;
2. specify the procedures to be followed and the conditions to be met with respect to visiting;
3. ensure that procedures and conditions pertaining to visiting are communicated to all inmates, visitors and staff;
4. ensure that visits are normally scheduled at least twenty-four (24) hours in advance.

SCREENING INMATES' VISITORS

4. All inmates' visitors shall complete an application and information form for the purpose of security screening. A verification of the Canadian Police Information Centre files shall then be conducted and subsequently updated at least every two (2) years for all active visitors. On the basis of this security check and following a review of possible restrictions, the Institutional Head shall decide whether or not visitor clearance will be granted. Under special circumstances, at the discretion of the Institutional Head, the security screening may be waived.

NOTIFICATION TO VISITORS

5. Visitors shall be advised of the institution's rules and procedures with respect to visiting inmates prior to commencing visits.

6. All visitors will be searched in accordance with Commissioner's Directive 566-8 - Searching of Staff and Visitors.

VISITING HOURS

7. The Institutional Head shall establish visiting hours for the institution. Visits shall normally be scheduled at times that do not interfere with inmates' core programming and should be limited only by the institution's schedule, personnel resources, and space available.

SECURITY DURING VISITS

8. To the greatest extent possible, visits shall be provided in a friendly and relaxed environment, without physical barrier between inmate and visitor.

9. The use of a physical barrier may be authorized by the Institutional Head if he or she believes on reasonable grounds that:

1. the barrier is necessary for the safety of the visitor; or
2. in the absence of barriers, the visit would jeopardize the security of the penitentiary;
   
   and there is no less restrictive alternative available.

10. Inmates for whom risk has not yet been determined (e.g., in assessment units or in temporary detention) will not receive open visits until an assessment has been conducted and the potential risk evaluated regarding drug involvement.

11. The Institutional Head may authorize that a visiting area be visually supervised by a staff member and/or a mechanical device in the least obtrusive manner necessary in the circumstances.

VISITS BY LEGAL COUNSEL

12. Visits with inmates by legal counsel on official business shall be conducted under conditions which ensure confidentiality and subject to provisions of Commissioner's Directive 575 - Interception of Communications Related to the Maintenance of Institutional Security.

13. Every institution shall have private interview facilities for inmates to meet with their legal representatives.

VISITS BY CONSULAR AND DIPLOMATIC OFFICIALS

14. Consular and diplomatic officials shall be permitted to visit inmates who are nationals of the country they represent.

INTERVIEWS WITH THE SERVICE AND PRIVATE AGENCY PERSONNEL

15. The Institutional Head shall establish procedures by which inmates may request interviews with institutional personnel, visiting officials of the Service and representatives of organizations engaged in approved programs.

VISITS TO HOSPITALIZED INMATES

16. Inmates under treatment in an outside health care facility shall, at the discretion of the Institutional Head and with approval by the head of the medical facility concerned, have the opportunity to receive visits. Where approved, all visits shall be arranged in advance.

REFUSAL OR SUSPENSION OF VISIT

17. The Institutional Head may authorize the refusal or suspension of a visit between an inmate and a member of the public where he or she believes on reasonable grounds that:

1. during the course of the visit the inmate or the member of the public would:
   1. jeopardize the security of the penitentiary or the safety of an individual, or
   2. plan or commit a criminal offence; and
2. restrictions on the manner in which the visit takes place would not be adequate to control the risk.

18. Where a refusal or suspension of visit is authorized under paragraph 17:

1. the refusal or suspension may continue for as long as the risk referred to continues;
2. the Institutional Head shall inform the inmate and the visitor promptly, in writing, of the reasons for the refusal or suspension and shall give the inmate and the visitor an opportunity to make representations with respect thereto. The title of the person to whom they should address their representations should be indicated; and
3. the extent of the information shared shall take into consideration limitations of the Privacy Act, namely to avoid the disclosure of any personal information to either party, unless the affected party agrees in writing to the disclosure.

19. Each visit shall be assessed on a case-by-case basis. The refusal or suspension of a visit from a specific individual to a particular inmate shall occur in accordance with the Duty to Act Fairly. The refusal or suspension of a visit from a specific individual shall continue only for as long as the risk which justified the refusal or suspension of the visit continues. The reassessment of the risk shall be done not less than once every six (6) months and the result and the decision shall be forwarded in writing to the inmate within fourteen (14) days.

20. The Institutional Head may authorize a complete suspension of visiting rights for all inmates in a penitentiary where the security of the penitentiary is at significant risk, and there is no less restrictive alternative available.

21. An authorization under paragraph 20 shall be reviewed:

1. by the Regional Deputy Commissioner by the fifth (5) day; and
2. by the Commissioner by the fourteenth (14) day of its continued execution.

PRIVATE FAMILY VISITING

22. Eligible inmates shall be offered the opportunity to participate in private family visiting. Private family visiting is intended to support the development and delivery of family programs in the institution and to provide inmates with the opportunity to use separate facilities where they may meet privately with their family to renew or continue personal relationships.

ELIGIBILITY - INMATES

23. All inmates are eligible for private family visiting except those who are:

1. assessed as being currently at risk of becoming involved in family violence;
2. in receipt of unescorted temporary absences for family contact purposes; or
3. in a Special Handling Unit or are awaiting decision or have been approved for transfer to a Special Handling Unit.

ELIGIBILITY - VISITORS

24. Persons eligible to participate in private family visiting shall include spouse, common-law partner, children, parents, foster parents, siblings, grandparents, and persons with whom, in the opinion of the Institutional Head, the inmate has a close familial bond, provided they are not inmates. Inmates are not eligible to participate in private family visits with other inmates.

25. Common-law partner means a person who, at the time of the inmate's conviction, lived with the inmate for at least six (6) months, was considered as the inmate's partner in the community in which they lived, and who manifested an intention of continuing to live with the inmate permanently even though they were not married. The burden of proving that the above condition existed for six months prior to the inmate's incarceration rests with the inmates and/or their visitors.

26. The Regional Deputy Commissioner shall establish the conditions under which minors will be permitted to participate in private family visiting.

27. For eligible inmates for whom visitors do not meet the criteria outlined in paragraphs 24 and 25 above, the Institutional Head shall consider other persons from the community as eligible to participate in private family visiting where there is evidence that a significant relationship has developed during the inmate's current period of incarceration. This consideration shall be based on the recommendation of the responsible case manager that the relationship is suitable, stable, and beneficial to both parties.

28. The responsible case manager shall consider information reported in a recent Community Assessment, or from other sources, in order to evaluate the suitability, stability and benefit of the relationship. The relationship should have existed for one (1) year during the inmate's current period of incarceration and be characterized by regular on-going contact visits.

29. The Institutional Head may refuse to permit a private family visit, even if the above conditions are fulfilled on the basis of case management reports which clearly indicate that a visitor or inmate should be considered ineligible to participate in private family visiting due to a potential for harm to the inmate or the visitor(s), or for any other exceptional circumstance.

30. When an inmate's application for a private family visit is refused, the inmate and the visitor shall promptly be provided, in writing, with the reasons for the refusal or suspension and shall be given an opportunity to make representations with respect thereto. The title of the person to whom they should address their representations should be indicated. The extent of the information shared should take into consideration limitations of the Privacy Act, namely to avoid the disclosure of any personal information to either party.

31. When a private family visiting unit is not being fully utilized for private family visits, the Institutional Head may authorize its use for quiet time by an inmate on a case-by-case basis.

DURATION AND FREQUENCY

32. The duration and frequency of private family visits shall normally be up to 72 hours, every two (2) months. The actual frequency and duration of visits, however, will be determined by the number of inmates in the program and the facilities available in the institution.

SECURITY AND INTERVENTION

33. The Institutional Head shall ensure that staff are identified and procedures established for regular contact with the inmate and his or her visitor(s) when a private family visit is in progress. The frequency and type of contact shall be appropriate to ensure the security of the institution and the safety of the visitor(s) and the inmate. The contact shall be made in the least intrusive manner possible.

34. A follow-up interview with the visitor(s) shall be conducted by the Visits and Correspondence or other appropriate staff. The objective is to identify any unusual incidents which may have occurred during a visit and to assess any changes in and/or benefits to the inmate participating in the program. If a problem is suspected, a report indicating the outcome of the interview shall be forwarded to the responsible case manager who will conduct a follow-up with the inmate and/or the visitor(s), if required.

NOTIFICATION OF RULES AND REGULATIONS

35. Visitors and eligible inmates shall be advised of all rules and regulations governing private family visiting, prior to the commencement of visits.

SUSPENSION OF PRIVATE FAMILY VISITS

36. An inmate's private family visit(s) may be withdrawn if he or she is:

1. found guilty of being in possession of or of introducing contraband into the institution through private family visiting;
2. found guilty by a disciplinary court or a court of law of introducing, through private family visiting, weapons or instruments designed to aid in an escape or the taking of hostages; or
3. found guilty by a disciplinary court or a court of law of committing an offence involving a family member during a private family visit;

and as a result, the security of the penitentiary or the safety of any person is jeopardized. The private family visits shall be withdrawn only for as long as the risk that justified the withdrawal of the private family visit(s) continues. The reassessment of the risk shall be done not less than once every six (6) months and the result and the decision shall be forwarded in writing to the inmate within fourteen (14) days.

Commissioner,

Original signed by:
Don Head