Policy Bulletin

Policy Bulletin 536

Why were the policies changed?

These policies have been revised to comply with the remaining provisions of the Canadian Victims Bill of Rights (CVBR), which amends certain provisions of the Corrections and Conditional Release Act (CCRA), with a coming into force date of April 1, 2016.

The following provisions of the CCRA are affected:

• subparagraph 26(1)(b)(iii) of the CCRA (sharing of information regarding the Correctional Plan with victims)
• paragraph 26(1)(d) of the CCRA (victim access to the offender’s photograph)
• subsection 134.1(5) of the CCRA (informing victims before removing or varying any conditions imposed to protect the victim in the case of long-term supervision orders [LTSO]) and subsection 133(7) of the CCRA (informing victims or other persons before removing or varying conditions for non-LTSO offenders)
• repeal of subsection 140(6) of the CCRA (Parole Board of Canada Appeal Division)
• amendment of section 140 of the CCRA (audio recordings of Parole Board of Canada hearings).

In addition to CSC policy changes related to the CVBR, other policy changes, or clarifications were incorporated in the CDs where relevant.

What is new/changed?

The following details the major changes to the policies:

701 – Information Sharing

References to subsections 133(7) and 134.1(5) of the CCRA were added in the Authorities section, as well as in paragraph 6c.

The Canadian Victims Bill of Rights was added in the Authorities section.

The title of CD 784 has been changed to “Victim Engagement”.

Paragraph 43 has been revised to reflect changes with respect to the email notification that is sent by the Parole Officer following an approved or proposed decision regarding an offender with a high profile offender flag.

Note that Policy Bulletin 451 – Interim Policy Regarding Disclosure/Sharing of Information (2014-05-20), has not been incorporated in this revised CD, and remains in effect as a separate, stand-alone policy document. CD 701 is undergoing a substantive review, and will incorporate the policy direction of Policy Bulletin 451 in a future release.

710-3 – Temporary Absences

New paragraph 1f was added to reflect changes in victim notification criteria, and the requirement to consider the victim’s concerns, pursuant to the new subsection 134.1(5) of the CCRA.

Paragraph 21g was added to clarify when a new Assessment for Decision is required upon receipt of new information.

In Annex E, an addition was made to the Overall Assessment section of the Assessment for Decision Report Outline, to consider the victim’s concerns pursuant to subsection 133(7) of the CCRA.

710-5 – Judicial Review of Parole Ineligibility

The title of CD 784 has been changed to “Victim Engagement”.

In paragraph 6e, the requirement for the Parole Officer to inform a Victim Services Officer when an inmate application has not been made was clarified.

712-1 – Pre-Release Decision-Making

New paragraphs 6f, 6g and 12h were added to reflect the Parole Officer’s new victim-related responsibilities with regard to information gathering, information sharing, and consideration of the victim’s concerns.

Three new paragraphs were added in the section “Changes to PBC Approved Release Plan”.

In Annex A, the definition of “Victim Statement” was revised to include a reference to subsection 134.1(2.1) of the CCRA.

In Annex E – Assessment for Decision Report Guide, the requirement to consider the victim’s concerns pursuant to subsection 133(7) and 134.1(5) of the CCRA was added.

In Annex I – Parole Eligibility Dates, a note was added to clarify the determination of the full parole eligibility date for offenders serving life/indeterminate sentences.

712-5 – Pre-Release Case Preparation for Provincial/Territorial Offenders and Federal Offenders Incarcerated in Provincial/Territorial Facilities

New paragraphs 4d and 4e were added to reflect the Parole Officer’s new victim-related responsibilities with regard to information gathering, information sharing, and consideration of the victim’s concerns.

Four new paragraphs were added in the section “Update to the Assessment for Decision or Addendum”.

In Annex A, the definition of “Victim Statement” was revised to include a reference to subsection 134.1(2.1) of the CCRA.

In Annex D, in the section “Release Plan and Supervision Strategy”, the requirement to consider the victim’s concerns pursuant to subsections 133(7) and 134.1(5) of the CCRA was added.

715-2 – Post Release Decision Process

New paragraph 6e assigns the responsibility to the Parole Officer to request the approval of the Assistant Deputy Commissioner, Correctional Operations, when a condition to reside in a Community Correctional Centre on statutory release is recommended or imposed.

New paragraph 9 was added in the section “Changes to Conditions” to assign responsibility to the Parole Officer to notify the Victim Services Unit, and to consider the victim’s concerns.

New paragraph 19 was added in the section “Suspension of Release” to clarify that offenders who are released directly to other secure custody by way of court order are not subject to special or standard conditions of release, and that there is no authority to issue a suspension warrant for behaviours that did not occur in the community.

New paragraph 23 requires that Sentence Management be notified within one working day when a warrant or order of cancellation is issued/executed.

In paragraph 28, a requirement was added for the supervising office to ensure that the office responsible for the area where the offender was apprehended is advised of the apprehension and of any need to complete post-suspension documentation.

In Annex A, the definition of “Victim Statement” was revised to include a reference to subsection 134.1(2.1) of the CCRA.

In Annex B, in the section “Release Plan and Supervision Strategy”, the requirement was added to consider every victim’s concerns when removing or modifying a condition which was imposed to protect a victim.

719 – Long-Term Supervision Orders

New paragraphs 4c and 4d were added, and paragraph 10 was amended to reflect the Parole Officer’s new victim-related responsibilities with regard to information gathering, information sharing, and consideration of the victim’s concerns.

In Annex B, in the section “Release Plan and Supervision Strategy”, the requirement was added to consider every victim’s concerns when removing of modifying a condition which was imposed to protect a victim.

784 – Victim Engagement

New paragraph 10g requires Victim Services Officers to provide victims with approved information about the offender’s Correctional Plan.

The above disclosure requirement is further delineated in the “Offender-Specific Information” section of Annex C, under the sub-heading “Disclosure Pursuant to section 26 of the CCRA”. Furthermore, the new requirement to provide the victim with access to a photograph of the offender is also delineated in Annex C.

In Annex D – Victim Services Notification Guide, new events were added, entitled “Case Preparation for Post-Release Decisions” and “Photograph of Offender”. Information sharing requirements for various events were updated in the table in light of the CVBR provisions.

How were the policies developed?

These amendments result from discussions held between Victim Services, Reintegration Operations and Legal Services, in collaboration with the Strategic Policy Division.

Accountabilities?

Roles and responsibilities are detailed in the policy documents.

Who will be affected by the policies?

Staff involved in the provision of services to victims, case management staff and release decision makers.