Guidelines

Victim Complaint Process

GENERAL INFORMATION

1. These Guidelines outline the process related to formal complaints lodged by victims pursuant to subsection 25(1) of the Canadian Victims Bill of Rights (CVBR); whereas informal complaints are addressed outside the scope of these Guidelines.
2. The National Manager, Restorative Justice and Victim Services, will designate one or more employees to fulfill the responsibilities of the Victim Complaints Coordinator as outlined in these Guidelines.
3. All responses to complaints from victims will indicate that a victim who is not satisfied with the CSC complaint response may file a complaint with the Office of the Federal Ombudsman for Victims of Crime.

RECEIVING COMPLAINTS

4. Upon receipt of a complaint, the Restorative Justice and Victim Services Division will:
   1. confirm that this is a new complaint to log (i.e. not a follow-up of a previous complaint which already has a complaint identification number)
   2. assign a complaint identification number, which will be indicated on all subsequent documents related to the same complaint
   3. record the appropriate information in the designated tracking log at each stage of the complaint process
   4. ensure the complaint and all related documentation are handled in accordance with Treasury Board Secretariat Policy on Government Security, as well as CSC’s Guide to Information Security and Information Security Requirements chart, as outlined in CD 225 – Information Technology Security
   5. ascertain the complainant’s communication preferences, including the contact information and whether the victim has designated a representative. The preferences specified in the complaint will be followed in CSC’s correspondence related to the complaint. In the case where the complaint does not contain specifications in this regard and where the complainant is a registered victim, the communication preferences will be confirmed with the relevant Victim Services Unit
   6. prepare an acknowledgement letter, which will normally be signed by the Victim Complaints Coordinator and sent to the complainant within five working days of receiving the formal complaint. If the date on which the letter is sent exceeds five working days of receiving the complaint, the acknowledgment letter will include a note of apology for the delay and will be signed by the National Manager, Restorative Justice and Victim Services. The reason for the delay will be noted in the tracking log
   7. if the complainant is a registered victim, forward a scanned copy of the victim complaint to the relevant Victim Services Unit to have it saved in an activity record on the victim’s contact record in the Victim Module
   8. if the complainant is not a registered victim, include CSC’s Victim Services website information in all subsequent correspondence with the victim.
5. A complaint in which several issues are raised may be admissible in part. In such a case, the issues meeting the admissibility criteria will be processed in accordance with the admissible complaint procedures, and the other issues will be addressed by following the procedures for inadmissible complaints.

INADMISSIBLE COMPLAINTS

6. If the complaint is inadmissible in whole or in part pursuant to the criteria outlined in CD 786 – Victim Complaints, the Restorative Justice and Victim Services Division will:
   1. prepare a response letter to the victim, including the reason(s) why the complaint is inadmissible
   2. submit the proposed response to the Assistant Commissioner, Communications and Engagement, for approval
   3. send the original signed copy of the letter to the victim by mail (or fax) or a scanned version of the signed letter by email within 14 working days of receiving the complaint
   4. save a scanned version of the signed letter to the victim and store it on the complaint file, and if the victim is registered, forward a copy of the scanned response to the relevant Victim Services Unit to have it appended to the original activity record on the victim’s contact record in the Victim Module
   5. close the complaint file as indicated in the Closing a Complaint File section below.
7. Where one of the reasons for inadmissibility is that an issue does not fall under CSC’s responsibility, but falls within the purview of another agency of Public Safety and Emergency Preparedness Canada, this will be indicated in the letter to the victim. With the victim’s consent, the written complaint will then be forwarded to the relevant agency for direct response.

ADMISSIBLE COMPLAINTS

Input from Office of Primary Interest

8. If the complaint is admissible pursuant to the criteria outlined in CD 786 – Victim Complaints, the Restorative Justice and Victim Services Division will determine the Office of Primary Interest responsible for input into the complaint response and forward the complaint and request for input to the relevant Regional Deputy Commissioner/sector head.
9. Offices of Primary Interest that receive a request from the Restorative Justice and Victim Services Division for input into a response to a victim’s complaint will ensure:
   1. the circumstances surrounding the subject of the complaint are investigated and analyzed against the CVBR, CCRA and any other relevant legislative or regulatory provisions, as well as related policy, as applicable
   2. an analysis of the situation about which the victim has complained is provided
   3. any potential recommendations deemed appropriate are included to rectify the situation or to prevent similar situations from occurring in the future, as well as suggested timeframes for implementation
   4. the input approved by the relevant Regional Deputy Commissioner/sector head is provided to the Restorative Justice and Victim Services Division within 10 working days of receiving the request for input. If the Office of Primary Interest is unable to meet this deadline, it will advise the Restorative Justice and Victim Services Division prior to the expiration of the 10 working day deadline, and the Division will prepare a letter to inform the victim of the delay.
10. Upon receipt of the approved input from the Office of Primary Interest, the Restorative Justice and Victim Services Division will verify if there are any recommendations in the approved input which may have national implications. If so, the National Manager, Restorative Justice and Victim Services, will bring them to the attention of the Director, Citizen Engagement, and will follow the procedures outlined in the Monitoring Recommendations section below, as appropriate.

Written Responses to Victims

11. The Restorative Justice and Victim Services Division will take the following steps when preparing all written responses:
    1. prepare the response letter including any related recommendations
    2. submit the proposed response letter to the Senior Deputy Commissioner for approval, in accordance with the Approval by the Senior Deputy Commissioner section below
    3. send the original signed copy of the letter to the victim by mail (or fax) or a scanned version of the signed letter by email
    4. save a scanned version of the signed letter to the victim and store it on the complaint file, and if the victim is registered, forward a copy of the scanned response to the relevant Victim Services Unit to have it appended to the original record on the victim’s contact record in the Victim Module
    5. close the complaint file, as indicated in the Closing a Complaint File section below, if no recommendations are included in the response letter.

Withdrawn Complaints

12. When a victim sends a written request to withdraw a complaint, the Restorative Justice and Victim Services Division will:
    1. prepare a letter to the victim confirming the withdrawal
    2. submit the letter to the Assistant Commissioner, Communications and Engagement, for approval and signature, send the letter to the victim, and forward a copy of the scanned letter to the relevant Victim Services Unit to have it appended to the original activity record on the victim’s contact record in the Victim Module
    3. close the complaint file, as indicated in the Closing a Complaint File section below.

Deferred Complaints

13. If the complaint is deferred, the Restorative Justice and Victim Services Division will:
    1. prepare a letter to the victim, notifying them of the deferral, the reasons for the deferral and the expected response date
    2. submit the letter to the Senior Deputy Commissioner, via the Assistant Commissioner, Communications and Engagement, for signature, send the letter to the victim, and forward a copy of the scanned letter to the relevant Victim Services Unit to have it appended to the original activity record on the victim’s contact record in the Victim Module
    3. follow up with the Office of Primary Interest to determine when the reason(s) for the deferral will be resolved
    4. upon resolution of the circumstances in consideration of the decision for deferral, respond to the complainant as per the process for admissible complaints.

Delayed Responses

14. When a delay arises that will result in CSC requiring more than 25 working days to respond to an admissible complaint, the Restorative Justice and Victim Services Division will prepare a letter to notify the victim of the delay and submit it to the Assistant Commissioner, Communications and Engagement, for approval and signature at least two working days in advance of the 25th working day timeframe. The letter will be sent to the victim and a scanned copy of the letter will be forwarded to the relevant Victim Services Unit to have it appended to the original activity record on the victim’s contact record in the Victim Module.

Approval by the Senior Deputy Commissioner

15. The Restorative Justice and Victim Services Division will prepare a docket and submit it for the approval of the Assistant Commissioner, Communications and Engagement, prior to submission to the Senior Deputy Commissioner, for signature. The docket will contain:
    1. a covering note summarizing the complaint and proposed response
    2. the written complaint
    3. the input provided by the Office of Primary Interest, including any recommendations
    4. the proposed response.

Monitoring Recommendations

16. If the response to the complaint contains any recommendations, the Restorative Justice and Victim Services Division will:
    1. follow up with the Office of Primary Interest (or designated contact person) responsible for implementing the recommendations
    2. inform the victim by letter, signed by the National Manager, Restorative Justice and Victim Services, when recommendations are completed, and send a scanned copy of the letter to the relevant Victim Services Unit to have it appended to the original activity record on the victim’s contact record in the Victim Module
    3. track completion of outstanding recommendations and close the complaint file as indicated in the Closing a Complaint File section below.
17. The Director, Citizen Engagement, in consultation with the National Manager, Restorative Justice and Victim Services, will consult with appropriate Offices of Primary Interest in relation to any potential national implications of recommendations contained in the input from Regional Deputy Commissioners/sector heads.

CLOSING A COMPLAINT FILE

18. The Restorative Justice and Victim Services Division will log the date that the file is closed once the final response letter is sent and all recommendations have been implemented, or if a complaint has been withdrawn.

REPORTING

19. The National Manager, Restorative Justice and Victim Services, will provide the Assistant Commissioner, Communications and Engagement, via the Director, Citizen Engagement, with a summary and analysis of complaints and a list of outstanding recommendations on a quarterly basis, noting any discernible trends or emerging issues and making recommendations to address them.
20. The Assistant Commissioner, Communications and Engagement, will provide the Senior Deputy Commissioner with information to meet reporting requirements from Public Safety and/or Parliament.

 

Assistant Commissioner,
Communications and Engagement,

 

Original Signed by:

Scott Harris

ANNEX A

CROSS-REFERENCES AND DEFINITIONS

CROSS-REFERENCES

CD 225 – Information Technology Security
CD 784 – Victim Engagement
CD 785 – Restorative Opportunities Program and Victim-Offender Mediation Services
CD 786 – Victim Complaints

DEFINITIONS

Complainant : a person who has submitted a complaint to CSC pursuant to subsection 25(1) of the Canadian Victims Bill of Rights.

Formal complaint : a written complaint submitted to CSC using the Victim Complaint Form (CSC/SCC 1524) or other written correspondence specifying that the victim wishes to file a complaint pursuant to subsection 25(1) of the Canadian Victims Bill of Rights.

Informal complaint : a verbal complaint made by a victim (by phone or in person) to a CSC employee, or a complaint, question or request submitted by a victim to discuss their dissatisfaction in a written document (e.g. email, fax, etc.) which does not specify that this is a complaint filed pursuant to subsection 25(1) of the Canadian Victims Bill of Rights.

Victim : (pursuant to section 2 of the Canadian Victims Bill of Rights) an individual who has suffered physical or emotional harm, property damage or economic loss as the result of the commission or alleged commission of an offence.

Sections 3 and 4 and subsection 19(2) of the Canadian Victims Bill of Rights also indicate the following:

3. Any of the following individuals may exercise a victim’s rights under this Act if the victim is dead or incapable of acting on their own behalf:
(a) the victim’s spouse or the individual who was at the time of the victim’s death their spouse;
(b) the individual who is or was at the time of the victim’s death, cohabiting with them in a conjugal relationship, having so cohabited for a period of at least one year;
(c) a relative or dependant of the victim;
(d) an individual who has in law or fact custody, or is responsible for the care or support, of the victim;
(e) an individual who has in law or fact custody, or is responsible for the care or support, of a dependant of the victim.

4. An individual is not a victim in relation to an offence, or entitled to exercise a victim’s rights under this Act, if the individual is charged with the offence, found guilty of the offence or found not criminally responsible on account of mental disorder or unfit to stand trial in respect of the offence.

19(2) A victim is entitled to exercise their rights under this Act only if they are present in Canada or they are a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.