Policy Bulletin 565
Why were the policies changed?
The new organizational structure of Regional Headquarters resulted in new position titles, new reporting relationships and the realignment of some responsibilities which are now reflected in the transfer policy and related Guidelines.
Changes were also made to comply with a court decision, specifically Mission Institution v. Khela, where the Supreme Court of Canada reaffirmed the importance of sufficiently detailing and documenting decisions that result in a deprivation of liberty such as transfer/ movement decisions.
Furthermore, in response to recommendations brought forward in the Coroner's Inquest Touching the Death of Ashley Smith, amendments were made to CD 710-2 - Transfer of Inmates and GL 710-2-3 - Inmate Transfer Processes.
As a key component of CSC's comprehensive mental health strategy, a refined model of care that includes Intermediate Mental Health Care was implemented at CSC's Treatment Centres and specific institutions in all regions. Therefore, it was determined that the development of transfer procedures for inmates admitted for Intermediate Mental Health Care was necessary.
Changes to CD 709 - Administrative Segregation and related GL 709-1 - Administrative Segregation Guidelines resulted in changes to GL 710-2-3 - Inmate Transfer Processes.
Additional changes have been made to respond to comments received during staff consultation.
What has changed?
The following details the major changes made to each policy:
CD 710-2 - Transfer of Inmates
The Responsibilities section has been updated to reflect that the Regional Deputy Commissioner is the authorized decision maker for transfers under section 81 agreements.
Changes to the Responsibilities section detail that the Regional Deputy Commissioner or the Assistant Deputy Commissioner, Correctional Operations, of the receiving region is the authorized decision maker for inter-regional transfers of inmates.
Changes have also been made to CD 710-2 to reflect the new organizational structure for Regional Headquarters, as well as the new position titles, new reporting relationships and the realignment of some responsibilities.
GL 710-2-1 - CCRA Section 81: Transfers
In addition to renaming these Guidelines, the following paragraphs have been removed since they are captured in other policies, Guidelines and/or section 81 Agreement Protocols:
- 12 to 21 (Intake Assessment and Penitentiary Placement)
- 33 to 39 (Escorted or Unescorted Temporary Absences)
- 40 to 42 (Work Releases)
- 43 and 44 (Day and Full Parole)
- 62 to 81 (Return of Conditionally Released Offenders.
Paragraph 27 has also been removed as the Parole Board of Canada approval for temporary absences from the Healing Lodge is not required prior to an offender's transfer.
GL 710-2-2 - Inter-Regional Transfers by Air
The term "seven calendar days" has been replaced by "five working days".
Paragraph 15 was amended and paragraph 16 was added to provide clarification on the responsibilities of National Headquarters' and Regional Headquarters' Preventive Security and Intelligence Unit with regard to inter-regional and intra-regional transfers by air.
GL 710-2-3 - Inmate Transfer Processes
Paragraph 7, under General Transfer Process, was added in response to recommendations brought forward in the Coroner's Inquest Touching the Death of Ashley Smith.
Paragraph 11, under General Transfer Process, was added to reflect the need to consider the transfer of an inmate where such a transfer will actualize a conditional release.
Paragraph 14 (previously paragraph 10) was amended to create efficiency in the communication process regarding high profile offenders.
Paragraph 37 was added under Emergency Transfer to detail the process to transfer an inmate for a short period to another facility, for observation purposes that cannot be met at the primary institution.
The procedures for transfers to a CSC Treatment Centre were clarified as a key component of CSC's comprehensive mental health strategy that includes Intermediate Mental Health Care.
Paragraphs 52 and 54 were added under Transfer for Attendance at Court Proceedings following a Board of Investigation and third level grievance.
The voluntary inter-regional transfer process no longer requires an inmate to submit a new application form for an alternative placement institution. The application form (CSC/SCC 0444) was amended to reflect this change.
The involuntary inter-regional transfer process was amended in order to provide clarification and specific timeframes for the consultation process for administrative segregation cases (paragraphs 66 to 75).
GL 710-2-4 - Movement Within Clustered/Multi-Level Institutions
These new Guidelines provide clarification on the case management processes as they relate to the movement of inmates within clustered institutions.
How were they developed?
These policies were developed by the Correctional Operations and Programs Sector, the Policy Sector, the Health Services Sector, the Women Offender Sector and Legal Services. In addition, consultations were undertaken throughout the development of these policies with Regional Transfer Officers.
All staff responsible for and involved in the transfer/movement of inmates.
Who will be affected by the policies?
All staff involved in the transfer/movement of inmates.
For more information
- Government-wide Forward Regulatory Plans
- The Cabinet Directive on Regulatory
- The Federal regulatory management
- The Canada–United States Regulatory Cooperation Council
To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.
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