Commissioner's Directive 087
Official Languages

Commissioner's Directive

Number: 087

In Effect: 2019-09-16

Related links

Policy Bulletin 644

Authorities

Purpose

To ensure compliance with the Official Languages Act, the spirit of the Act and related regulations on services to offenders and the public

Application

Applies to all individuals employed by the Correctional Service of Canada (CSC) and contractors working in CSC’s operational units and headquarters

Contents

Responsibilities

  1. The Assistant Commissioner, Human Resource Management, is responsible for the Official Languages Program within the Correctional Service of Canada (CSC), including the provision of interpretation and tools to ensure consistent application and monitoring of Parts IV, V, VI and XI (section 91) of the Official Languages Act.
  2. The Assistant Commissioner, Communications and Engagement, will provide interpretation and tools to ensure consistent application and monitoring of Part VII (section 41) of the Official Languages Act within CSC.
  3. Regional Deputy Commissioners will ensure:
    1. the demand for services in minority official language is monitored on a quarterly basis in every operational unit
    2. any requirement to re-designate an operational unit and modify the Language Obligations of CSC’s Workplaces (Annex B) is reported promptly to the Assistant Commissioner, Human Resource Management
    3. positive measures are taken to implement the obligations of Part VII (section 41) of the Official Languages Act.
  4. All managers will ensure the effective implementation of this directive in their operational unit.

Services to Offenders

Designation of Operational Units

  1. Operational units will be designated as having either comprehensive or basic official languages obligations towards offenders. The designation will be based on the significance of the demand.

Comprehensive Obligations

  1. In operational units where there is a significant demand for services in the minority official language, CSC has the statutory obligation to actively offer and provide the offenders with all substantive communications and services in their official language of choice. This obligation applies to both CSC employees and contractors acting on behalf of CSC. Operational units that have comprehensive obligations are listed in Annex B.
  2. These communications and services must respect the principle of substantive equality.

Basic Obligations

  1. In all other operational units, CSC will make every reasonable effort to offer the following services to offenders in their official language of choice, whether they are provided by CSC employees or contractors acting on behalf of CSC:
    1. placement services
    2. orientation
    3. any other case management activities
    4. health care services (institutions only)
    5. spiritual services
    6. disciplinary action
    7. complaints and grievances process
    8. correctional interventions.

Offender Placement and Transfers

  1. The choice of official language is a significant factor in offender placement and transfer decisions. Offenders must be informed of the language consequences of their potential placement and transfers. As a general rule, offenders who state a preference for the minority official language are not to be placed in, or transferred to, operational units where there is no significant demand in that official language, except under exceptional circumstances. Should such exceptional circumstances change, a placement in an operational unit where there is a significant demand in the official language shall be facilitated at the earliest opportunity.

Provision of Correctional Interventions in the Minority Official Language

  1. Regions where no operational unit is designated as carrying comprehensive official languages obligations toward offenders must organize the provision of a reasonable range of correctional interventions (i.e., those assessed as being an important component of parole considerations), in the minority official language of the region. Such correctional interventions are to be made available unless:
    1. the number of interested offenders (actual and potential) does not warrant such provision and/or
    2. linguistically qualified professionals in the field required are not available in the region.
  2. In operational units where the number of minority official language offenders interested in participating in correctional interventions in their official language of choice is too small to constitute a viable group (other than those identified in their Correctional Plan), the following alternatives are considered:
    1. offer other interventions that are needed by a greater number of minority official language offenders
    2. where feasible, and where security considerations permit, allow minority official language offenders in different operational units of the same region to form a group in order to participate in the correctional interventions in their official language of choice.

Provision of Secondary Services

  1. Current videos, newspapers and magazines, television signals and library holdings will be made available in offenders' official language of choice, where feasible.

Oral Communications

  1. Where there is a significant demand, substantive communications with offenders will be carried out in English or in French in accordance with the offender's preference.

Establishing Significant Demand

  1. Regions must monitor, using monthly Offender Management System data, the demand for services in the minority official language in every operational unit.
  2. Quarterly reports will be prepared within 10 business days following the end of the quarter.
  3. If, in a particular operational unit, the demand for services in the minority official language exceeds five per cent for a period of six consecutive months, the operational unit will develop a plan to respond to the demand. Should this demand continue for an additional six consecutive months, the plan will be implemented.
  4. The operational unit will be re-designated and Annex B will be modified to reflect the change. The same procedure applies to an operational unit which drops below five per cent for a period of twelve consecutive months.

Language(s) Used in Disciplinary Courts

  1. Inmate disciplinary hearings are not subject to Part III of the Official Languages Act, as the person conducting the hearing does not carry out adjudicative functions.
  2. The disciplinary hearing shall be conducted in the official language of the inmate’s choice. If an accused offender is deaf or does not speak or understand either of the official languages, an interpreter will be provided by CSC.
  3. When an operational unit is located in a bilingual region for the purpose of Part V of the Official Languages Act, a CSC employee called to testify at a disciplinary court hearing has the right to provide testimony in the official language of their choice, regardless of the inmate’s official language of choice.
  4. In such circumstances, an inmate who is unable to understand an employee’s testimony has the right to the services of an interpreter in accordance with the principles of procedural fairness, which require that the offender be able to understand the disciplinary court proceedings.
  5. In unilingual regions, a CSC employee shall testify in the majority official language of the region. An offender who is unable to understand an employee’s testimony has the right to the services of an interpreter in accordance with the principles of procedural fairness, which require that the offender be able to understand the disciplinary court proceedings.
  6. For disciplinary court hearings, a CSC employee or contractor may serve as an interpreter if they are bilingual and have no conflicting interest in the disciplinary matter. The person conducting the hearing may choose to serve as interpreter.

Available Means of Redress

  1. Offenders must be informed of the various means of redress available to them for infringements of their linguistic rights as defined in the Official Languages Act.

CSC’s Obligations to the General Public

  1. Operational units will be designated as having either bilingual or unilingual official languages obligations towards the public. The bilingual designation is based on the nature of the operational unit and significance of demand as per the most recent decennial census data.
  2. National and Regional Headquarters, as well as the operational units designated bilingual in Annex B, have the statutory obligation to ensure that any member of the public can communicate with and obtain available services from CSC, or contractors acting on its behalf, in either official language. Communications include telephone reception and follow-up, visitor reception and correspondence.
  3. All operational units have the obligation to ensure that the response to written communications received from members of the general public is in the official language chosen by the correspondent.
  4. Each operational unit that is designated bilingual in Annex B has an obligation to clearly indicate visually and verbally that members of the public can communicate in either English or French.

Commitments Toward Official Language Minority Communities

  1. CSC encourages operational units to take additional positive measures to support, assist and foster the development of official language minority communities.
  2. To ensure the promotion of English and French in communities in which it operates, each operational unit will:
    1. raise awareness about CSC’s commitments toward official language minority communities
    2. consult with appropriate stakeholders that are impacted when developing and/or implementing policies, programs and services that impact official language minority communities.

Commissioner,

Original signed by:

Anne Kelly


Annex A - Cross-References and Definitions

Cross-References

CD 001 – Mission, Values and Ethics Framework of the Correctional Service of Canada
CD 800 – Health Services

Treasury Board Analytical Grid (Substantive Equality) – Caldech (Desrochers) Decision
Treasury Board Directive on Official Languages for Communications and Services
Treasury Board Directive on Official Languages for People Management
Treasury Board Directive on the Implementation of the Official Languages (Communications with and Services to the Public) Regulations
Regions of Canada prescribed under subsection 35(2) of the Official Languages Act

Definitions

Active offer: clearly indicate visually and verbally that members of the public (including offenders) can communicate with and obtain services from a designated operational unit or office in either English or French.

Bilingual region: region where both English and French are the official languages of work as prescribed in paragraph 35(1)(a) of the Official Languages Act.

Contractor: a person providing services of a prescribed class to CSC under a contract.

Health care services: physical and mental health services, which include health promotion, disease prevention, health maintenance, patient education, diagnosis and treatment of illnesses, in accordance with the National Essential Health Services Framework.

Minority official language: English in Quebec and French in all other provinces and in the territories.

Operational unit: an institution, district or area parole office, or Community Correctional Centre.

Positive measures: actions taken by a federal department that have real and positive effects on the vitality of official language minority communities, and on progress toward the equal status of English and French in Canadian society.

Significant demand: when five per cent or more of offenders in an operational unit in Quebec indicate that English is their official language of choice, or when five per cent or more of offenders in an operational unit outside of Quebec indicate that French is their official language of choice over a one year period.

Substantive communications: all oral or written communications involving the provision of services and programs to offenders and communications involved in disciplinary actions. Casual communications between employees and offenders are excluded from this category.

Substantive equality: when one takes into account, where necessary, the differences in characteristics and circumstances of minority communities and provides services with distinct content or using a different method of delivery to ensure that the minority receives services of the same quality as the majority.

Unilingual regions: regions where one official language predominates. They are all the regions of Canada other than those prescribed in subsection 35(2) of the Official Languages Act.

Annex B - Language Obligations of CSC’s Workplaces

Note: The Information on the current list may change without notice.

National Headquarters

Workplace Service to the Public Language of Work Service to the Offenders Population
National Headquarters - Ottawa Bilingual Bilingual N/A

Atlantic Region

Workplace Service to the Public Language of Work Service to the Offenders Population
Regional Headquarters – Atlantic Bilingual Bilingual N/A
Correctional Learning and Development Centre – Atlantic Bilingual Bilingual N/A
Atlantic Institution Bilingual Bilingual Bilingual
Dorchester Penitentiary (Med/Min) Bilingual Bilingual Bilingual
Nova Institution for Women Bilingual English English
Shepody Healing Centre Bilingual Bilingual Bilingual
Springhill Institution English English English
Regional Reception Centre – Springhill Bilingual English Bilingual
Atlantic District Office Bilingual Bilingual N/A
New Brunswick/Prince Edward Island Area Office Bilingual Bilingual N/A
Bathurst Parole Office Bilingual Bilingual Bilingual
Jamieson Community Correctional Centre Bilingual English English
Charlottetown Parole Office Bilingual English English
Corner Brook Parole Office Bilingual English English
Dartmouth Parole Office Bilingual English English
Edmundston Parole Sub-office for Bathurst Bilingual Bilingual Bilingual
Fredericton Parole Office Bilingual Bilingual English
Grand Falls-Windsor Parole Sub-Office for St. John’s Newfoundland and Labrador English English English
Halifax Parole Office Bilingual English English
Kentville Parole Office English English English
Labrador Parole Sub-Office for Corner Brook English English English
Moncton Parole Office Bilingual Bilingual Bilingual
Newfoundland and Labrador Community Correctional Centre English English English
Parrtown Community Correctional Centre Bilingual Bilingual Bilingual
Saint John Parole Office Bilingual Bilingual English
St. John's Parole Office English English English
Stephenville Parole Office English English English
Sydney Parole Office Bilingual English English
Truro Parole Office Bilingual English English
Yarmouth Parole Sub-Office for Kentville Bilingual English English

Quebec Region

Workplace Service to the Public Language of Work Service to the Offenders Population
Regional Headquarters – Quebec Bilingual Bilingual N/A
Correctional Learning and Development Centre – Quebec Bilingual Bilingual N/A
CORCAN Industries Bilingual Bilingual N/A
Montreal Court House Court Liaison Office Bilingual Bilingual N/A
Archambault Institution (Med/Min) Bilingual French Bilingual
Cowansville Institution Bilingual Bilingual Bilingual
Donnacona Institution French French Bilingual
Drummond Institution Bilingual French Bilingual
Federal Training Centre (Multi/Min) Bilingual Bilingual Bilingual
Joliette Institution Bilingual French Bilingual
La Macaza Institution Bilingual French Bilingual
Port-Cartier Institution French French Bilingual
Regional Reception Centre Bilingual French Bilingual
Chicoutimi Parole Office French French French
Quebec East/West District Bilingual French N/A
Estrie Parole Office Bilingual Bilingual French
Granby Parole Office Bilingual French French
Hochelaga Community Correctional Centre French Bilingual Bilingual
Outaouais Parole Office Bilingual Bilingual Bilingual
Laferrière Community Correctional Centre French French Bilingual
Lanaudière Parole Office French French French
Laurentides Area Parole Office French French Bilingual
Laval Parole Office French Bilingual Bilingual
Longueil Parole Office French French Bilingual
Maisonneuve Parole Office Bilingual Bilingual Bilingual
Marcel Caron Community Correctional Centre Bilingual French French
Martineau Community Correctional Centre French Bilingual French
Metropolitan Montréal District Bilingual Bilingual N/A
Ogilvy Community Correctional Centre French Bilingual Bilingual
Québec Parole Office Bilingual French French
Rimouski Parole Office Bilingual French French
Rouyn-Noranda Parole Office Bilingual French Bilingual
Sherbrooke Community Correctional Centre Bilingual Bilingual French
Trois-Rivières Parole Office Bilingual French French
Ville-Marie Parole Office Bilingual Bilingual Bilingual

Ontario Region

Workplace Service to the Public Language of Work Service to the Offenders Population
Regional Headquarters – Ontario Bilingual English N/A
Correctional Learning and Development Centre – Ontario Bilingual English N/A
CSC Museum Bilingual English N/A
Bath Institution Bilingual English English
Beaver Creek Institution (Med/Min) English English English
Collins Bay Institution (Max/Med/Min) Bilingual English English
Grand Valley Institution Bilingual English English
Joyceville Institution (Med/Min) Bilingual English English
Millhaven Institution Bilingual English English
Regional Treatment Centre – Bath Institution (Med) Bilingual English English
Warkworth Institution English English English
Barrie Parole Office Bilingual English English
Brantford Parole Office English English English
Central Ontario District Bilingual English N/A
Downtown Toronto Area Parole Office Bilingual English English
Durham Parole Office English English English
Greater Ontario and Nunavut District Bilingual English N/A
Guelph Parole Office Bilingual English English
Hamilton Parole Office Bilingual English English
Keele Community Correctional Centre Bilingual English English
Kingston Parole Office Bilingual English English
London Parole Office Bilingual English English
North Bay Parole Sub-Office for Sudbury Bilingual Bilingual English
Nunavut Parole Office Bilingual English English
Ottawa Parole Office Bilingual Bilingual Bilingual
Henry Traill Community Correctional Centre Bilingual English English
Peterborough Parole Office Bilingual English English
Sault Ste. Marie Parole Sub-Office for Sudbury Bilingual Bilingual English
St. Catharines Parole Office Bilingual English English
Sudbury Parole Office Bilingual Bilingual Bilingual
Toronto East Parole Office English English English
Toronto West Parole Office English English English
Windsor Parole Office Bilingual English English
Women's Supervision Unit English English English

Prairies Region

Workplace Service to the Public Language of Work Service to the Offenders Population
Regional Headquarters – Prairies Bilingual English N/A
Correctional Learning and Development Centre – Prairies English English N/A
Bowden Institution (Med/Min) English English English
Drumheller Institution English English English
Edmonton Institution for Women Bilingual English English
Edmonton Institution Bilingual English English
Grande Cache Institution English English English
Grierson Institution Bilingual English English
Okimaw Ohci Healing Lodge English English English
Pê Sâkâstêw Centre English English English
Regional Psychiatric Centre English English English
Saskatchewan Penitentiary (Max/Med/Min) English English English
Stony Mountain Institution (Med/Min) Bilingual English English
Willow Cree Healing Lodge English English English
Brandon Parole Office Bilingual English English
Calgary Parole Office Bilingual English English
Driftpile Parole Office Bilingual English English
Drumheller Parole Office English English English
La Ronge Parole Office English English English
Lethbridge Parole Office English English English

Manitoba/Saskatchewan/Northwest Ontario District

Bilingual English N/A
Medicine Hat Parole Office English English English
Alberta/Northwest Territories District Bilingual English N/A
Edmonton Area and Rural Parole Office Bilingual English English
Osborne Community Correctional Centre Bilingual English English
Oskana Community Correctional Centre English English English
Prince Albert Parole Office Bilingual English English
Red Deer Parole Office English English English
Regina Parole Office/Saskatchewan South District Bilingual English English
Saskatoon Parole Office/Saskatchewan North District English English English
The Pas Parole Office English English English
Thompson Parole Office English English English
Thunder Bay Parole Office Bilingual English English
Wetaskiwin Parole Office Bilingual English English
Winnipeg Parole Office Bilingual English English

Pacific Region

Workplace Service to the Public Language of Work Service to the Offenders Population
Regional Headquarters – Pacific Bilingual English N/A
Correctional Learning and Development Centre – Pacific English English N/A
Fraser Valley Institution English English English
Kent Institution English English English
Kwìkwèxwelhp Healing Village (Min) English English English
Matsqui Institution English English English
Mission Institution (Med/Min) English English English
Mountain Institution (Med) English English English
Pacific Institution/Regional Treatment Centre (Multi) English English English
William Head Institution Bilingual English English
Abbotsford Parole Office English English English
Chilliwack Community Correctional Centre English English English
Chilliwack Parole Office English English English
Courtenay Sub-Office for Nanaimo Bilingual English English
Kamloops Parole Office English English English
Kelowna Parole Office/Northern Interior Community Corrections English English English
Maple Ridge Parole Office Bilingual English English
Nanaimo Parole Office Bilingual English English
New Westminster Parole Office/Metro Vancouver East Community Corrections Bilingual English English
Pacific District Office Bilingual English English
Prince George Parole Office English English English
Vancouver Parole Office/Metro Vancouver West Community Corrections Bilingual English English
Victoria Parole Office/Vancouver Island Parole Office Bilingual English English
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