Interim Policy Bulletin 635 for the Pacific Region only


Policy Bulletin

Policy numbers and titles:

Commissioner’s Directive (CD) 709 – Administrative Segregation

Guidelines (GL) 709-1 – Administrative Segregation Guidelines

CD 800 – Health Services

Why were the policies changed?

Following a legal challenge regarding administrative segregation brought by the British Columbia Civil Liberties Association and John Howard Society of Canada, the British Columbia Court of Appeal ruled on January 7, 2019 that the suspension of the declaration of constitutional invalidity related to administrative segregation be extended until June 17, 2019, or until further court order. This extension requires that the Correctional Service of Canada (CSC) amend certain conditions for inmates in administrative segregation units.

In addition to changes outlined in the Interim Policy Bulletin (IPB) 632, further obligations are required with respect to conditions of confinement for inmates housed in segregation. In particular, the BC Court of Appeal ordered “The Correctional Service of Canada must establish a system of review whereby no inmate will remain in administrative segregation for more than fifteen days without such continued detention being authorized by a senior official who is neither the institutional head of the institution where the inmate is incarcerated nor a person who is subordinate to that institutional head.” The basis for the 15th consecutive calendar day regional segregation review as set out in this IPB is pursuant to the order of the British Columbia Court of Appeal.

IPB 632 continues to be in effect. This IPB provides further direction to be implemented in the management of inmates in administrative segregation in the Pacific Region only.

This IPB applies to all new admissions to segregation as of April 30, 2019 and any inmate who has been in segregation for less than 35 days as of April 30, 2019 in Pacific Region. For the latter, the 15th day regional segregation review will occur within 5 working days of the effective date of the IPB.

What has changed?

15th Day Review – Pacific Region Only

In addition to the administrative segregation reviews already in policy pursuant to CD 709 – Administrative Segregation and GL 709-1 – Administrative Segregation Guidelines, the Pacific Region will review each inmate’s case before the inmate exceeds 15 calendar days in administrative segregation.

No inmate can be held in administrative segregation beyond 15 consecutive calendar days without the authorization of the Assistant Deputy Commissioner, Correctional Operations (ADCCO), or the Assistant Deputy Commissioner, Integrated Services (ADCIS), or without the authorization the Regional Deputy Commissioner of the Pacific Region in the absence of the ADCs.

The ADCCO or ADCIS of the Pacific Region will ensure that there is a regional process for the 15th day segregation review. The review will examine all relevant inmate information, including (but not limited to):

Regional Segregation Review Board

The Regional Segregation Review Board (RSRB) will review every case before the inmate exceeds 15 consecutive calendar days in administrative segregation.

The RSRB’s decision following the 15th day segregation review will reflect whether the continued placement in segregation is required, conditions should be modified, or the inmate should be immediately released.

The decision will be rendered by the ADCCO or ADCIS (or in the absence of the ADCs, the Regional Deputy Commissioner, Pacific).

The Institutional Head will implement the RSRB’s decision following the 15th day segregation review without delay.

All existing RSRB reviews will continue to be required and adhere to the procedures stipulated in CD 709 – Administrative Segregation and GL 709-1 – Administrative Segregation Guidelines.

Procedures

During the Institutional Segregation Review Board’s (ISRB) 5th working day review, notification of the 15th day regional segregation review will be communicated to the inmate verbally, by the institution. If the decision is to maintain the inmate in segregation after the ISRB’s 5th working day review, the inmate will be notified in writing of the 15th day regional review in the 5th working day review decision.

Three working days prior to the 15th day regional segregation review, the inmate will be provided with a copy of any information to be considered in the review; a gist of any information that is withheld pursuant to subsection 27(3) of the CCRA and CD 701 – Information Sharing; a copy of this IPB; and notification of the opportunity to make a written representation. The inmate will have the opportunity to provide written representation to the ADCCO or ADCIS (or in the absence of the ADCs, the Regional Deputy Commissioner, Pacific) up until 1 working day prior to the 15th day segregation review, in order for the submission to be considered in the decision making process.

The written decision from the 15th day regional segregation review will be shared with the inmate within 2 working days of the decision being rendered. All decisions to release the inmate from segregation will be actioned immediately.

Reintegration Action Plan

The Parole Officer, in consultation with the Case Management Team, will develop a Reintegration Action Plan within 8 working days of the admission (rather than within 10 working days following the 5th working day review), that will:

The Reintegration Action Plan will consider the inmate’s individual static and dynamic factors, including mental and physical health and Aboriginal Social History, where applicable, as outlined in GL 709-1 – Administrative Segregation Guidelines.

How was it developed?

This policy was developed by the Correctional Operations and Programs Sector, in consultation with the Policy Sector.

Who will be affected by the policy?

All staff and contractors involved in the administrative segregation process, including interventions and case management, and in the provision of health care services to inmates in administrative segregation in Pacific Region.

Accountabilities?

National, regional and institutional staff responsible for administrative segregation and health care.


Commissioner,

 

Original signed by:

Anne Kelly

Date modified: