Memorandum of Understanding between
This document is a renewal of an agreement originally made on January 25, 1982 and renewed on February 3, 1988, October 22, 1993, and May 1, 2000 between the Correctional Service of Canada (CSC) and the Interfaith Committee on Chaplaincy (IFC). Hereinafter it will be referred to as the MOU. It reflects the mutual concerns held for the spiritual dimension of life as expressed by the delivery of pastoral care through the effective provision of chaplaincy services.
The quest for meaning is an inherent part of being human. Making sense of life, exploring truth and determining individual and collective responsibility orient people beyond the limits of their own existence and toward the role that others and the divine play in their lives.
Chaplaincy in the correctional setting accompanies people affected by crime and incarceration as they deal with these fundamental spiritual issues, journeying with them in an open-ended way to deepen their understanding and appreciation of life and assisting them to achieve greater wholeness and fulfilment and safe reintegration into the wider community. Chaplaincy differs from a programme model of service delivery by using a unique accompaniment approach based on the principles of restorative justice.
| A. | The Canadian Charter of Rights and Freedoms, paragraph 2(a), guarantees everyone the fundamental freedom of conscience and religion. |
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| B. | The importance of the spiritual dimension of life is also incorporated in the Corrections and Conditional Release Act, Sections 75 and 83, and in Regulations 98 to 101. Sections 75 - An inmate is entitled to reasonable opportunities to freely and openly participate in, and express, religion or spirituality, subject to such reasonable limits as are proscribed for protecting the security of the penitentiary or the safety of persons"; and, Section 83 - 1) - For greater certainty, aboriginal spirituality and aboriginal spiritual leaders and elders have the same status as other religions and other religious leaders; 2) The Service shall take all reasonable steps to make available to aboriginal inmates the services of an aboriginal spiritual leader or elder after consultation with: (a) the National Aboriginal Advisory Committee
The Corrections and Conditional Release Regulations (CCRR), Section 100, adds: (1) Every inmate shall be entitled to express the inmate's religion or spirituality in accordance with section 75 of the Act to the extent that the expression of the inmate's religion or spirituality does not
(2) Sections 98 and 99 apply in respect of any assembly of inmates held for the purpose of expressing a religion or spirituality. And CCRR s.101 reads as follows: The Service shall ensure that, where practicable, the necessities that are not contraband and that are reasonably required by an inmate for the inmate's religion or spirituality are made available to the inmate, including
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| C. | The Mission Statement of CSC commits CSC to "accommodate the…religious needs of individuals" (Core Value 1, Guiding Principles) and "to respect the…religious differences of individual offenders" (Strategic Objective 1.7) all the while "actively encouraging and assisting offenders to become law-abiding citizens". Core Value 1's Guiding Principle also recognizes "the value of family and community relationships". Core Value 2 states that CSC recognizes "that the offender has the potential to live as a law-abiding citizen." Its Guiding Principles include recognition of the value of establishing and maintaining positive community and family relationships, the involvement of community organizations, volunteers and outside professionals in program development and delivery. The Strategic Objectives include ensuring "that volunteers form an integral part of our program delivery in institutions and the community", and mobilizing "community resources to ensure that offenders, upon release, are provided with support and assistance." |
| D. | The Universal Declaration of Human Rights (1948) Article 18 states that: "Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance". |
| E. | The U.N. Standard Minimum Rules for the Treatment of Prisoners expand these principles in Sections 41 and 42 as follows: 41. (1) If the institution contains a sufficient number of prisoners of the same religion, a qualified representative of that religion shall be appointed or approved. If the number of prisoners justifies it and conditions permit, the arrangement should be on a full-time basis.
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| A. | This MOU confirms the moral obligations that accompany the legally binding obligations contained in the contract for services between the CSC and the IFC. |
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| B. | This MOU confirms the role of the IFC as advisory to the CSC; collaborative in identifying potential chaplains and participating in selection and evaluation processes; supportive to chaplains; and facilitative in providing liaison between the CSC and Canada's faith communities. |
| C. | The IFC will play this role by fulfilling the Statement of Work enshrined in a contract for services concluded with the CSC. |
| D. | The Constitution and By-Laws of the IFC will be consistent with the spirit and content of this MOU. Amendments to the Constitution of the IFC will be made in consultation with the CSC. |
| E. | CSC will regularly consult with the IFC on matters of religious policy and practice in the institution and community through:
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| F. | The IFC will provide liaison, linkage and information, and will stimulate involvement by faith communities in correctional chaplaincy both in the institutions and in the community from a restorative justice perspective. |
| G. | The IFC will make itself available to facilitate dialogue between and among parties involved in the contracting process. When there is a conflict in the delivery of chaplaincy services, the IFC will make itself available to assist in bringing about reconciliation and/or a just solution, upon request. |
| H. | The IFC will advise on a generic statement of work for the CSC chaplains and advise the CSC about operational aspects of contract chaplaincy services. |
| I. | The IFC will advise CSC Chaplaincy in the development of new initiatives and implementation strategies to support the initiatives, including advocating to secure the necessary funding. |
| J. | When a dispute arises between CSC and the IFC, the basic resolution strategy will be to give prompt attention to the disputed matter and work the issues out at the lowest level using a process that potentially involves three stages: negotiation, mediation, arbitration. |
| K. | The CSC and the IFC will develop a framework for evaluating the results of the present MOU within the first year it is in effect. |
This MOU is guided by the following principles:
| A. | Because CSC exercises varying degrees of control over the lives of people serving sentences within its institutions and in the community, CSC is responsible for enabling the exercise of religious rights and freedoms and for accommodating religious and spiritual practice through the provision of chaplaincy services. The CSC and the IFC recognize that all CSC staff contribute to the responsibility to accommodate offenders' religious needs with the chaplains taking a leading role. |
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| B. | The IFC and the CSC work in partnership to provide chaplaincy services through Canada's faith communities. The IFC and the CSC affirm that chaplaincy services are essential to the fulfilment of CSC's Mission and Core Values and endorse the integration of spiritual growth and healing within the correctional response offered to offenders. |
| C. | Chaplaincy in the institutional and community settings depends on the existence of an effective relationship between the chaplains and their faith community and on the active involvement of volunteers. Of primary concern to chaplains is the creating and strengthening of community. They bring hope of restored community to those who have lost it, provide a living experience and model of community to those who may never have known it, and bridge offenders back into community in ways that help them find belonging and fulfilment there. Their work is, therefore, focussed on responding to the relational needs of offenders, staff and their respective families. |
| D. | The IFC and the CSC believe that the CSC Mission is enhanced when offenders and their families are supported as an asset to reintegration, successful conditional release and desistence, and when the family's role in crime prevention is strengthened. |
| E. | Chaplains offer a voice to the CSC, offenders and their families that is rooted in the teachings and traditions of the faith communities of Canada. Notwithstanding their care for those whom they serve, chaplains also fulfil a prophetic role, challenging staff and offenders whose words or actions diminish the worth and dignity of human life. The IFC and CSC are committed to ensuring that the chaplains' freedom of religion is respected in the actions they undertake to fulfil their delivery of services within CSC. The CSC will not require chaplains to act against the beliefs and practices of their faith community or their conscience. |
| F. | Through its role with the faith communities that provide the pastoral mandate for institutional and community chaplaincy, the IFC is a partner with the CSC in the delivery of a continuum of care model of chaplaincy services, throughout the incarceration and reintegration process. Chaplaincy reflects a commitment on the part of faith communities to providing spiritual care throughout the life of their members and the acknowledgement on the part of the CSC of the value of spiritual and religious belief and practice within the correctional process. |
| G. | Chaplains are open to accompanying all persons in search of meaning, fulfilment and respect for human dignity, and are as available to people who have no religious affiliation as they are to people who have one. They take a holistic approach to the needs of the people they serve, their concern being for the care of the whole person in the context of their relationships, especially with family members. |
| H. | The religious diversity of Canada, the offender population and the correctional staff is reflected in the list of faith communities represented on the Interfaith Committee: (See Appendix 1). The expression "interfaith chaplaincy services" (Corrections and Conditional Release Regulations 101(a)) indicates the responsibility of chaplains to exercise their profession by upholding the belief and practice of their faith community within a multifaith setting, collaborating with representatives of religious expressions different from their own and seeking to provide pastoral care and chaplaincy services to persons of different faith communities with the same commitment as to members of their own community. This model of service delivery is intended to strengthen the participation of offenders and correctional staff in the faith life of their own communities and to protect them from unwanted proselytizing. |
| I. | In their role as pastors, Chaplains are available and responsive to the spiritual and religious needs of offenders, staff and their families irrespective of their location within CSC institutions or the circumstances surrounding the expression of these needs. In addition chaplains provide religious education based on the faith they represent. |
| J. | Chaplains work on the basis of a restorative approach to the harm caused by criminal behaviour. Their concern for the wellbeing of victims and for the community at large informs and shapes their work with offenders and staff. |
| K. | Chaplains need specific knowledge and skills to minister effectively with offenders, ex-offenders, staff, and their families; and volunteers need proper training, support and supervision. CSC shares the responsibility with the faith communities for ensuring the quality of chaplaincy services. |
| L. | The CSC and IFC recognize that the wellbeing of chaplains depends not only on the self-care practised by the chaplains but also on the care and support offered by the Religious Authority (contractor) and the CSC. |
A. Structuring Relationships
B. Providing Chaplaincy Services
C. Women Offenders
Responding to the needs of women offenders presents a unique set of challenges both in the institutions and in the community. While Chaplaincy is an essential component of the multidisciplinary team approach inherent in women's institutions, the fact that there is only one institution for women in each region contributes to the isolation that chaplains to women experience. In addition, these institutions are all multi-level facilities, often requiring varying types and/or duplication of services. In the community, the small number of women on release makes it difficult to identify funding and establish services targeted to the specific needs of women.
D. Aboriginal Offenders
Given Canada's history, responding to the spiritual needs of Aboriginal offenders, be they First Nations, Métis, or Inuit, requires a specific focus. It is well documented that there is a disproportionate number of Aboriginal offenders in corrections and that specific needs exist within this community. Perhaps less documented, but equally true, is that there are First Nations, Métis and Inuit churches in almost every Aboriginal community across Canada and that a significant number of Aboriginal offenders in the CSC self-identify as being Christian.
As the Aboriginal Initiatives Branch oversees all issues related to Aboriginal offenders (e.g. including the practice of traditional Aboriginal Spirituality), the Chaplaincy Branch will consult with the Aboriginal Initiatives Branch about meeting the needs of Aboriginal offenders and inmates seeking the support of the Christian community.
CSC and the IFC are committed to providing culturally appropriate chaplaincy services. This means working with faith communities wishing to actively engage in this work. We affirm the need for the following initiatives:
E. Institutional Chaplaincy Services
F. Community Chaplaincy Services
Chaplaincy services offered in the community are unique. They emerged out of institutional chaplaincy in order to enhance a continuity of service, but operate in a very different context and provide substantively different services compared to institutional chaplaincy. In conjunction with the mission of Canadian faith communities to serve marginalized Canadians, it recognizes the inter-relatedness of victims and offenders within society and promotes a vision of "shalom" (peace and community wholeness) that touches all Canadians.
Faith communities, of which Chaplaincy is part, have pioneered creative restorative justice initiatives such as Community Chaplaincy, Circles of Support and Accountability (COSA), Open Circle Visitation program, Man to Man/ Woman to Woman (M2/W2), Victim Offender Reconciliation Program (VORP), and others. They have reduced and prevented further victimization, thereby contributing to the Canadian government's goal of reducing the social costs of crime and assisting communities to become safer and more just and secure. This in turn has enhanced the quality of life for all Canadians and strengthened the fabric of the community.
In order to maintain strong and appropriate community-based alternatives to incarceration the IFC and CSC affirm the importance of establishing community capacity to support them. This includes secure funding, adequate human resources and effective intervention strategies. When these are not available, the perception of community safety is threatened and the demand for incarceration increases. It is, therefore, essential to ensure the viability of secure and stable chaplaincy services in the community.
1. Community Chaplaincy
2. Circles of Support and Accountability
Circles of Support and Accountability (COSA) enhance the parole service of the CSC, particularly in the reintegration process, by supporting effective and positive socialization, reducing dynamic risk factors, and assisting overall in the successful completion of the correctional plan. The result is safer communities, fewer victims and lower costs of incarceration.
Effective and Completion Dates
This MOU will come into force upon signature and will be reviewed every five years.
Amendments and changes can only be undertaken upon written invitation by either party to consultation and agreement by both parties.
It may be terminated by either one of the parties by consultation and mutual consent or six months' written notification to the other party.
Done in three copies at Ottawa, Ontario
This 11th day of January, 2007 in the English and French languages, each text being equally authentic.
(Original signed by Keith Coulter)
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For the Correctional Service of Canada
(Original Signed by Will Ingram)
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For the Interfaith Committee on Chaplaincy
Active member organizations for 2005-2006
The Anglican Church of Canada
Buddhist Society
Canadian Baptist Ministries
The Canadian Council of Churches
The Canadian Conference of Catholic Bishops
The Christian and Missionary Alliance
The Church of the Nazarene, Canada
The Council of the Muslim Community of Canada, Ottawa-Carleton Muslim Association
The Evangelical Fellowship of Canada
The Jain Society
The Lutheran Council, Canada
The Mennonite Central Committee, Canada
The Pentecostal Assemblies of Canada
The Presbyterian Church in Canada
The Religious Society of Friends
The Salvation Army
The United Church of Canada
Active in the past (no delegated representative for 2005-2006)
The Apostolic Church of Pentecost
The Canadian Jewish Congress
The Christian Reformed Church, Canada
The Federation of Sikh Societies of Canada
The Fellowship of Evangelical Baptists
The Islamic Coordinating Council of Imams
The Seventh Day Adventist Church
The Wesleyan Church
Active non-voting members
4 Chaplain Representatives
The Church Council on Justice and Corrections
I. Preamble and Purpose
II. Canadian and International Mandate
Canadian Charter of Rights and Freedoms
Canadian Corrections and Conditional Release Acts
Canadian Corrections and Conditional Release Regulations
Mission of the Correctional Service of Canada
Universal Declaration of Human Rights
United Nations Minimum Rules for the Treatment of Prisoners
III. IFC/CSC Relationship
Constitution and By-Laws of the Interfaith Committee on Chaplaincy
IV. Statement of Principles
List of Member Organizations in the IFC (see Appendix 1, above)
V. Agreed Policy and Practice
Contract for Services
Creating Choices
Partners in Mission: Information Pertaining to Protestant Chaplaincy
Partners in Mission: Information Pertaining to Roman Catholic Chaplaincy
Statement of Work for Contract Chaplains
Code of Professional Conduct for Contract Chaplains
Handbook on Chaplaincy in the CSC
Treasury Board Contracting Policy
Report of the Task Force on Service Standards for Minority Religions (March 2003)
The terms defined in this glossary are found within the text of the foregoing Memorandum of Understanding. Many of the terms have very different connotations in the context of the various faith traditions represented on the Interfaith Committee. Conversely, some of the terms may not be used within some of these traditions. It would be impossible to find terms that do not conflict with specific definitions of some faith groups; neither can a separate MOU be written to contextualize the terms within each tradition.
The following definitions, therefore, do not reflect the viewpoint of any particular religious tradition. It is understood that each faith group will apply the definitions required by their polity and practice.
Aboriginal Initiatives Branch
The office within the CSC's Corrections and Operational Programs Sector mandated to create partnerships and strategies that enhance the safe and timely reintegration of Aboriginal offenders into the community.
Accommodation (Religious Accommodation)
Providing access to an adequate level of resources (leadership, opportunities for worship, educational resources, religious articles, dietary requirements) to allow offenders to practise their religion or spirituality as fully as they desire (up to a level that is generally available to people in the community) within the correctional setting.
Chaplain
People who are called by a faith community to offer pastoral care and religious and spiritual services in a specialized setting. Chaplains work from an inclusive and holistic framework to facilitate the practice of their own faith as well as religious expressions other than their own.
Chaplaincy
1. an organization or a model of service provision dedicated to addressing the pastoral care needs of a group of people in need in a specialized setting;
2. the overall management of religious and spiritual service delivery within CSC.
Chaplaincy Branch
The organizational unit at CSC's National and Regional Headquarters responsible for implementing the MOU, administering the budget for chaplaincy, developing policy and resources, and ensuring the delivery of chaplaincy services.
Chaplaincy Leadership Team
The management (Director General, Associate Director General, Regional Chaplains) and other staff as determined by management at National and Regional Headquarters who provide oversight of Chaplaincy services within the CSC.
Correctional setting
The context of ministry, whether in CSC institutions or in the community, in which people are dealing with incarceration and reintegration issues.
Circles (CoSA)
An intentional initiative which seeks to support offenders returning to the community by matching them with two or more volunteers who enter into a relationship of covenanting, meeting, accompaniment and accountability.
CSC Chaplaincy defines a "Circle of Support and Accountability" as a group of 4-7 primarily faith-based community volunteers, who are committed to enhancing public safety by supporting community re-entry through: covenanting, meeting and walking daily in friendship with a person who has been detained to the end of his sentence because of a sexual offence history.
Circles of Support, Circles of Care, Support Circles, Family Support Circles and Circle Sentencing projects describe various other modes of working with different groups of individuals, each of which fulfills an important need.
Community Chaplain
A person who fulfils the role of chaplain in a community setting, generally across denominational and religious lines, to assist ex-prisoners to integrate into the faith community of their choice and to deal with related spiritual, emotional and social reintegration issues.
Contractor
The faith community that holds a contract with the CSC to provide chaplaincy services in the institutional and/or community setting.
Faith Community(ies)
A faith community is group of people who identify themselves as sharing a common faith. Usually a faith community is a local manifestation of a religion. For example, in Christianity, the Anglican Communion, the Roman Catholic Church, the United Church would be "faith communities".
Holistic Approach
A model of care that addresses spiritual issues within the context of promoting a person's emotional, physical and mental wellbeing. This approach can be taken irrespective of the person's faith tradition and seeks to strengthen the person within their chosen faith tradition.
Indeterminate employees
Persons hired to a permanent position by the government through a Public Service Commission competition process.
Institutional Chaplains
Fulfil the role of chaplain (offering pastoral care and religious and spiritual services) within CSC institutions with responsibility to support minority faith groups and to ensure that freedom of religion and mutual respect are practised by all.
Interfaith Chaplaincy
Caring response to the needs of people regardless of their religious beliefs and in collaboration with leaders of diverse faith expressions.
Mandate
The document issued by the faith group to which the chaplain belongs that authorizes the chaplain to provide chaplaincy services on behalf of the organization.
"Minority" Religious Traditions
The term 'minority religion' or 'minority tradition' refers to a recognised religious and/or spiritual tradition with which a minority number of inmates is affiliated. The term in no way suggests that these traditions or the people affiliated with them (in the institution or the community) have reduced status or lesser importance within CSC's mandate to accommodate religious needs and rights.
Multilevel Institutions
CSC institutions that house groups of offenders classified at more than one security level and/or providing specialized services (such as psychiatric treatment or health services).
Orientation
Information (sessions) offered by the CSC to familiarize staff and contract service providers about the correctional setting.
Pastor
The person who gathers and guides a community of people who share the same faith, usually offering pastoral care, religious education and leadership in worship. (Originally from the Christian tradition, 'Pastor' is used in some churches as a title to designate the ordained leadership.)
Pastoral Care
A response to people in need which aims to bring greater meaning and wholeness to individuals and communities.
Prophet / prophetic
A person who speaks the truth in difficult situations, holding people who exercise power over others accountable and challenging society to a higher standard of justice.
Religious/religion
The spiritual beliefs, teaching and practice shared by a group of people.
Religious Authority
The organization (or person representing the organization) who presents chaplains to fulfil the terms of a contract for chaplaincy services; the organization to which the chaplain belongs and is answerable to in terms of faith and practice.
Restorative Justice
Restorative justice is a non-adversarial, non-retributive approach to justice that emphasizes healing in victims, meaningful accountability of offenders, and the involvement of citizens in creating healthier, safer communities. Crime is a violation of people and relationships. Restorative justice works to repair the damage and promote healing and growth caused by crime by providing tools to find more peaceful and collaborative ways of resolving conflicts in our society. It strives to offer support and opportunities for voluntary participation and communication between those affected - victims, offenders, and community - to encourage accountability, reparation, and movement towards understanding, feelings of satisfaction, healing and closure.
Shalom
Shalom comes from the Hebrew verb Shalom meaning to be complete, perfect and full. When used as a noun in the bible, it can convey any of the following meanings: completeness, wholeness, health, peace, welfare, safety soundness, tranquility, prosperity, perfectness, fullness, rest, harmony, the absence of agitation or discord.
Spiritual/spirituality
That which pertains to or derives from the human spirit.
Statement of Work
Description of the work to be accomplished by the person fulfilling the contract for services.
Training
Courses or programs designed to impart knowledge and/or skills required to fulfil a Statement of Work.
Volunteer
People from the community who give of their time and talent to provide support to chaplains, offenders, staff and their respective families in the fulfilment of Chaplaincy's mandate.
| CCRA | The Corrections and Conditional Release Act - The legislation governing the CSC. |
| CCRR | The Corrections and Conditional Release Regulations - The legislated guidelines for carrying out the CCRA |
| COSA | Circles of Support and Accountability (see Glossary for definition) |
| CLT | Chaplaincy Leadership Team (see Glossary for definition) |
| CSC | The Correctional Service of Canada |
| IFC | The Interfaith Committee on Chaplaincy in the Correctional Service of Canada |
| MOU | The Memorandum of Understanding |
| U.N. | The United Nations |