Management of Human Sources
- Corrections and Conditional Release Act (CCRA), sections 23, 24, 25, 26 and 27
- Access to Information Act
- Privacy Act
- Canada Evidence Act, section 37
- To ensure the protection of any information that could identify an offender as a human source or compromise the safety of any individual
Applies to all staff involved with the management of human sources
- The Director General, Security, will:
- develop policies and procedures for the management of human sources
- inform the Commissioner, the Assistant Commissioner, Correctional Operations and Programs, and other managers and stakeholders with a need to know of security issues or potential threats
- oversee procedural processes and systems used for the management of human sources
- develop and maintain a human source management protocol where unique file numbers are supplied to regions for assignment to individual human sources
- ensure liaison and consultation with outside criminal justice partners on various issues related to the management of human sources.
- The Assistant Deputy Commissioner, Institutional Operations, will:
- oversee the management of human sources for the region
- maintain the regional human source registry and assign registration numbers upon request.
- The Institutional Head/District Director will:
- ensure that processes related to the management of human sources are adhered to
- ensure that all information relevant to decision making by the Parole Board of Canada is provided to the Board and includes all the necessary safeguards.
- The Deputy Warden/Associate District Director will supervise all security intelligence activities and ensure the sound management of human sources.
- The Security Intelligence Officer is responsible for the operational management of human sources, including:
- the identification and management of individual human sources
- requesting, from the region, numbers for the registration of human sources
- the protection of any information that could identify any offender as a human source or compromise the safety of other individuals
- sharing information with authorized persons who have a need to know
- the control and dissemination of any information provided by a registered human source
- informing the Assistant Deputy Commissioner, Institutional Operations, of the transfer of a human source between institutions and between parole offices when the offender is on conditional release.
- The Institutional Head/District Director will be given access to information provided by a human source.
Registration of a Human Source
- Not all offenders who offer information will be registered as human sources. The decision to file an individual as a human source will be made by the Security Intelligence Officer after the following factors have been considered:
- the value and reliability of the information offered
- the anticipated period of time over which the individual will be providing information
- the potential value of the information to other law enforcement agencies
- the need to protect the identity of the potential human source.
- All registered human sources/confidential informants will be assigned a human source number.
- An offender must provide informed consent before becoming a registered human source. In order to assist in the understanding of informed consent, the Security Intelligence Officer will advise the offender of the following:
- benefits of any kind such as cash, goods, special considerations or a reduction in length of sentence or security classification will not be granted from CSC as a result of the offender being a human source
- decisions related to his/her case will only be made based on CSC policy and procedures.
Handling of Information Related to Human Sources
- The Security Intelligence Officer will document all information given by a human source. Once processed and substantiated, this information will be assigned a reliability code pursuant to CD 568-2 – Recording and Sharing of Security Information and Intelligence and documented in an Intelligence Observation Report (CSC/SCC 1445).
- At no time is a federal offender under CSC jurisdiction to be used as an agent source by a CSC staff member.
- Any information contained in any correspondence, report or other document, either written or electronic, that has the potential to identify an offender as a human source or to compromise the safety of individuals must be classified, at a minimum, as “Protected C”.
- When a human source is transferred between regions, institutions and/or parole offices, his/her entire file (including his/her human source information and his/her identifier) will be transferred to the Assistant Deputy Commissioner, Institutional Operations, of the receiving region.
- All human source files or human source information will be classified, at a minimum, as “Protected C”. All access to these files will be by authorized individuals who have an identified need to know, in the form of a gist. In these cases, the officer who originally identified the inmate as a human source will be advised of the release of information. All accesses to these files will be logged.
Outside Agencies and the Use of Human Sources
- When a law enforcement agency makes a request to CSC to use an offender as a human source, the person receiving the request must advise the Institutional/Community Security Intelligence Officer immediately and the Regional Administrator, Intelligence, of the details.
- The Assistant Deputy Commissioner, Institutional Operations, will immediately advise the Director, Operational Intelligence, at National Headquarters through the dedicated 24-hour service line at 1-866-815-4340.
- No commitments are to be made with an external third party agency on the use of any offender under CSC jurisdiction, unless there is a written consent given by the Director General, Security Branch, at National Headquarters.
- Strategic Policy Division
Original signed by:
CROSS-REFERENCE AND DEFINITIONS
CD 568 – Management of Security Information and Intelligence
Agent source: any person who provides information to an agency and who is directed in any way by his/her handler in the manner in which to conduct himself/herself in obtaining such information.
Human source (also referred as confidential informant): any person who provides information to an agency and expects confidentiality. These persons are protected by informant privilege which is intended to protect their identity.
Human source information: intelligence information that is provided by an individual human source.
Human source number: number which is assigned to an offender who is a human source. This number will be the only means of identifying the source on reports.
Human source registry: registry log used to record and maintain human source identification information.
Informed consent: consent is considered to be informed when an individual has the capacity to understand the nature of the process and is fully apprised of:
- the potential results and the risks associated with the process;
- the potential effects of refusal to agree to the process; and
- the fact that he/she has the right to withdraw from the process.
Need to know: information that is pertinent and necessary to an individual performing his/her duties.
Registered human source : offender who provides information to an agency and expects confidentiality. He/she is protected by informant privilege which protects his/her identity.
Source handler: the person who handles the human source within the confines of his/her jurisdiction. In normal circumstances, Security Intelligence personnel manage the interactions required to ensure the human sources safety while they provide information to the Service and to whom the identity of the source is known.
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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