Commissioner's Directive

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Policy Bulletin 305

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Annex A Cross-References and Definitions

POLICY OBJECTIVE

1. To provide appropriate services to registered victims through information exchange, by ensuring that:

1. information provided by registered victims is considered in Correctional Service of Canada’s (CSC) decision-making processes; and
2. specific information about offenders is shared with registered victims in accordance with legislative requirements.

AUTHORITIES

2. Corrections and Conditional Release Act (CCRA), subsection 2(1) and sections 2.1, 23, 26, 27, and 142

Corrections and Conditional Release Regulations (CCRR), section 5

Privacy Act

Access to Information Act

Witness Protection Program Act

Criminal Code, section 810

APPLICATION

3. This policy applies to all staff involved in information-sharing between CSC and victims of offenders under CSC’s jurisdiction.

PRINCIPLES

4. CSC recognizes that all victims of crime have a legitimate and significant interest in receiving information about the offender who has harmed them, consistent with section 26 of the CCRA.

5. The security, safety and privacy of victims and offenders will be respected and considered by CSC whenever information is shared. Information provided to registered victims is intended to contribute to their sense of safety.

6. The CCRA prescribes similar information practices for the CSC and the National Parole Board (NPB). CSC will consider all available risk-relevant information provided by victims as well as the Victim Impact Statement in case management and release decisions.

RESPONSIBILITIES

7 Throughout the offender's sentence, the Service, through the personnel listed in paragraphs 8 through 10 below, will ensure, as reasonably possible and within legal parameters, that registered victims and/or agents are made aware of their entitlements to:

1. receive information about the offender responsible for the crime committed against them, in a professional, sensitive and timely fashion;
2. be advised if and when the offender returns to federal custody;
3. determine if and, within reason, how they would like to receive information to which they are entitled about the offender and the correctional system (i.e. phone call and/or registered letter); and
4. voice their concerns about the information and services provided to them by CSC.

8. The Assistant Commissioner, Communications and Engagement Sector, is responsible for:

1. the functional coordination of services to victims; and
2. authorising the issuing and updating of Guidelines 784-1, "Information Sharing between Victims and the Correctional Service of Canada".

9. Regional Deputy Commissioners are responsible for the implementation of this policy and the accompanying guidelines (refer to paragraphs 15 and 17 below).

10. In accordance with subsection 5(2) of the CCRR, staff members occupying the following positionsmay exercise the powers, perform the duties or carry out the functions that are assigned to the Commissioner by section 26 of the CCRA. This delegation may not be sub-delegated to any other person.

NATIONAL HEADQUARTERS

1. Assistant Commissioner, Communications and Engagement Sector
2. Director General, Citizen Engagement
3. Director, Victim Services
4. National Duty Officers

REGIONAL HEADQUARTERS

1. Regional Deputy Commissioner
2. Regional Director, Communication and Executive Services
3. Regional Victim Services Manager (responsible for managing the National Victim Services Program at the regional level)
4. Victim Services Officer (responsible for registering victims and providing notification services as authorized by law)
5. Duty Officers (at Regional Headquarters, institutions and/or parole offices, as applicable)

IDENTIFYING AND REGISTERING A PERSON AS A VICTIM

11. Victims requesting information about an offender must satisfy the CCRA definition of a victim. In order for their status to be approved and to receive information, victims must submit a written request. The Information Request for Victims (NPB/CNLC 0031) form is available for this purpose.

12. Only in exceptional circumstances and with the approval of the Regional Victim Services Manager, may victims receive information about an offender without having first submitted the Information Request for Victims (NPB/CNLC 0031) form.

13. A registered victim who requests an agent to represent him or her must provide a written authorization to the CSC or the NPB. An agent designated by a registered victim can receive the same information under this policy as the registered victim is entitled to receive.

14. All written requests from victims for information and any contacts with a victim will be documented and retained in the Victim File.

VICTIM NOTIFICATION AND DISCLOSURE OF INFORMATION

15. Sections 26 and 142 of the CCRA specify the types of information that the Commissioner, NPB Chairperson or delegates can disclose to registered victims.

16. Two types of information can be disclosed, discretionary and mandatory. Different rules govern the disclosure of each type with regard to who may determine what information is disclosed and who may actually communicate that information to the registered victim.

17. Those with delegated authority under paragraph 10 of this CD will determine discretionary disclosures of information on a case-by-case basis following an analysis of whether or not the interest of the registered victim in such disclosure clearly outweighs any invasion of the offender's privacy that could result from the disclosure.

18. Decisions relating to the disclosure of any information about an offender or a registered victim protected under the Witness Protection Program Act can only be made by the RCMP. Additionally, the Regional Deputy Commissioner will implement mechanisms or protocols to ensure compliance with the requirements of provincial and municipal legislation or programs pertaining to witness protection and the disclosure of information relating to them.

AFTER-HOURS VICTIM NOTIFICATION

19. The National Duty Officers working in the National Monitoring Centre shall notify registered victims who request after-hours notification.

SHARING VICTIM-RELATED INFORMATION WITH OFFENDERS

20. When providing information to CSC, registered victims will be advised that any information used in a decision affecting an offender, or a gist thereof, will be shared with the offender.

21. Pursuant to subsection 27(3) of the CCRA, the Commissioner may withhold from the offender certain information used in decision making. In accordance with section 5 of the CCRR, the Commissioner’s authority under subsection 27(3) may be exercised by the Institutional Head or the District Director. This delegation may not be sub-delegated to any other person.

22. Offenders shall not be notified that a victim has requested or is being provided with information about them, nor is this information to be included in case management reports on offenders.

23. The registered victim's previous or current addresses, contact information, and any name changes shall not be shared with the offender.

24. Subject to paragraph 20 above, correspondence from a registered victim related to requests for information that Victim Services are responsible to manage will be stamped “Victim Notification Information – Not to be shared with the offender” and will be placed on the Victim File.

SPECIAL APPLICATIONS

25. Provincial and territorial offenders under federal jurisdiction are subject to the CCRA and its terms governing victim notification.

26. Federal offenders transferred to the jurisdiction of a province or territory and serving their sentence in provincial or territorial facilities are subject to the policies and procedures of the jurisdiction in which they are incarcerated, including those related to information sharing with victims.

27. Offenders under Long-term Supervision Orders (LTSO), per section 2.1 of the CCRA, remain under CSC's jurisdiction and are therefore subject to information sharing with registered victims until the end date of the LTSO.

28. In advance of the offender’s Warrant Expiry Date, CSC may share with registered victims information about section 810 peace bonds of the Criminal Code that come into effect at the offender’s Warrant Expiry Date.

29. Offenders transferred to an Aboriginal community under an agreement made pursuant to section 81 of the CCRA and offenders who were granted a conditional release under a release plan pursuant to section 84 of the CCRA remain subject to this policy and these procedures.

ENQUIRIES

30. Strategic Policy Division, NHQ
Email address: Gen-NHQ Policy-Politiques

Commissioner,

Original signed by:
Don Head

 

Annex A

Cross-References and Definitions

CROSS-REFERENCES

1. Guidelines 784-1 - Information Sharing between Victims and the Correctional Service of Canada

Commissioner’s Directive 568-1 - Recording and Reporting Security Incidents

Commissioner's Directive 701 - Information Sharing

Commissioner's Directive 705-1 - Preliminary Assessments and Post-Sentence Community Assessments

Commissioner's Directive 705-2 - Information Collection

Commissioner's Directive 705-6 - Correctional Planning and Criminal Profile

Commissioner’s Directive 710-6 - Review of Offender Security Classification

Commissioner's Directive 712-3 - National Parole Board Hearings

Commissioner’s Directive 712-4 - Release Process

Commissioner’s Directive 715 - Community Supervision Framework

Access to Information and Privacy Compliance Manual

National Parole Board Policy and Procedures Manual

Treasury Board Policy on Privacy Protection

Offender Records System User Guide

Canadian Statement of Basic Principles of Justice for Victims of Crime

DEFINITIONS

2. Victim: as defined in section 2 and subsections 26(3), 26(4) and 142(3) of the CCRA.

"Victim" (a) means person to whom harm was done or who suffered physical or emotional damage as a result of the commission of an offence, and

(b) where the person is dead, ill or otherwise incapacitated, the person's spouse, an individual who is cohabiting, or was cohabiting at the time of the person’s death, with the person in a conjugal relationship, having so cohabited for a period of at least one year, any relative or dependant of the person, or anyone who has in law or fact custody or is responsible for the care or support of the person.

It applies to the offender's current and past offences. CSC employees and offenders may register as a victim and may receive victim notification. The CCRA does not make any distinction between a Canadian victim and a foreign victim.

3. After-hours notification: any time that an urgent notification to a registered victim (and/or his or her agent, as applicable) is required when Victim Services Officers are not on duty (i.e., evenings, weekends, other absences).

4. Agent: a representative whom the registered victim has authorized, in writing, to act on his or her behalf. The agent may be an individual, or an organization in which persons identified by specific position titles will act as the registered victim’s representative.

5. Victim File: includes information related to registered victims (and their agents, as applicable) that CSC stores on a paper file and information contained in the Victim Services module of the Offender Management System (OMS). This information is stored separately from the offender records (paper and electronic).