Interim Policy Bulletin 645

Policy number and title:

Commissioner’s Directive (CD) 568-10 – Interception of Inmate Communications

Why was the policy changed?

The policy was changed in response to an identified need to clarify policy direction with regards to CSC’s interception of inmate communications. The ensuing changes are effective immediately and will be reflected in the Commissioner’s Directive when it is updated.

What has changed?

Interception of Communications

Only the Institutional Head or the Deputy Warden are permitted to authorize the interception of an inmate’s communications. Additional requirements prior to authorizing an intercept request include the following components:

The Institutional Head will ensure:

• that reasonable grounds, in accordance with section 94(1) of the Corrections and Conditional Release Regulations (CCRR), are established before authorizing interception of an inmate’s communications
• that the Authorization to Intercept Inmate Communications (CSC/SCC 1454) form is signed prior to initiating any recording activity
• that only staff who have a demonstrated need-to-know can perform the functions related to the interception of an inmate’s communication
• that only the staff members who have been trained or briefed by the Regional Intelligence Coordinator on the policy framework for interceptions of communications, perform the tasks associated with intercepting an inmate’s communications.

Recording, Reporting & Retention of Information

The Security Intelligence Officer will:

• place a copy of the signed Authorization to Intercept Inmate Communications (CSC/SCC 1454) form on the inmate’s preventive security file and upload a copy to the Security Intelligence Network (SINet)
• complete a Security Intelligence Report (CSC/SCC 0232) in all situations at the conclusion of the interception of an inmate’s communications. The report must be completed even when no valuable information was obtained.

Notification

The Institutional Head or staff member designated by the Institutional Head will promptly inform the inmate in writing of the reasons for the interception pursuant to section 94(3) of the CCRR. 

The Security Intelligence Officer will:

• place a copy of the notification on the inmate’s preventive security file and upload a copy to the SINet.

Privileged Correspondence

Solicitor-client communication is privileged and this privilege is near absolute.

The Institutional Head or delegate will ensure:

• a process is in place so that the Security Intelligence Officer is consulted prior to an individual who enjoys privilege is added to the Inmate Telephone System (ITS)
• that new contact requests of privileged entities are verified, to confirm if they are subject of a privilege, prior to being added to the inmate’s call list and if there is an active intercept of the inmate’s communications, that the number is added to the inmate’s suppression list
• that the Director General of the Preventive Security and Intelligence Branch is consulted prior to authorizing any interception of privileged telephone communications.

The Security Intelligence Officer will ensure:

• those contacts who are subject of a privilege, are suppressed, prior to initiating any recording
• those entities who enjoy privilege, identified in the common access list within the ITS and Annex of the CCRR, with the exception of the subject’s legal counsel, are suppressed using the global suppression feature on the voice logger.

How was it developed?

This Interim Policy Bulletin was developed by Preventive Security and Intelligence in collaboration with Strategic Policy. 

Who will be affected by the policy?

Applies to managers and staff who authorize and implement lawful interception of inmate communications (telephone conversations, correspondence or communications in the course of a visit).

Date modified:

2019-10-21