Interim Policy Bulletin 648

Interim Policy Bulletin

Number: 648

In Effect: 2019-11-30

Policy numbers and titles:

See Annex

Why were the policies changed?

On June 21, 2019, Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, received Royal Assent. The amendments to the Corrections and Conditional Release Act (the Act) are now in effect, and the corresponding changes to policy are addressed in this Bulletin. This Bulletin reflects the statutory amendments where the English version of the Act replaces the term "Aboriginal" with the term "Indigenous," and provides new expressions and definitions to replace the term "Aboriginal community."

As a result of the amendments to the Act, all related policies will be reviewed and amended, as required, to ensure that they are aligned.

Additionally, this Bulletin provides policy guidance for the consideration of systemic and background factors affecting Indigenous peoples of Canada, as codified in the Act. The changes, in effect with the promulgation of this Bulletin, will be incorporated in the policy documents when future policy amendments occur.

What has changed?

"Aboriginal" to "Indigenous"

All references to the English term "Aboriginal" have been replaced with the term "Indigenous" throughout all policies. This change also applies to position titles, program names, and division names. The Aboriginal Initiatives Directorate is now referred to as the Indigenous Initiatives Directorate.

Exception:

The Strategic Plan for Aboriginal Corrections and the Aboriginal Corrections Accountability Framework will remain unchanged as these documents are part of a legacy framework with historical significance to the Correctional Service of Canada.

Definitions of New Expressions

Wording was revised throughout policies to align with the Act, which replaces the expression "Aboriginal community" in section 81(1) of the Act with the expression "Indigenous governing body or any Indigenous organization."

The following definitions apply as per the Act:

Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982.

Indigenous organization means an organization with predominately Indigenous leadership.

Indigenous Social History

In accordance with the principles outlined in R. v. Gladue, R. v. Ipeelee and subsequent jurisprudence which aimed to address the overrepresentation of Indigenous people within the criminal justice system, section 79 of the Act has been amended and sets out the factors to be considered in making decisions under the Act affecting Indigenous offenders:

systemic and background factors affecting Indigenous peoples of Canada;
systemic and background factors that have contributed to the overrepresentation of Indigenous persons in the criminal justice system and that may have contributed to the offender’s involvement in the criminal justice system; and
the Indigenous culture and identity of the offender, including his or her family and adoption history.

Exception – Risk Assessment

The above factors are not to be taken into consideration for decisions respecting the assessment of the risk posed by an Indigenous offender unless those factors could decrease or have no impact on an offender’s assessed level of risk.

Culturally appropriate, restorative, and reasonable options must be considered in all decision-making processes. These options:

must continue to be documented;
are to be based on the systemic and background factors, and within the context of the circumstances under review;
should provide appropriate mechanisms which could serve to decrease the level of risk posed by an Indigenous offender.

The above process will be reflected in policy as Indigenous social history considerations.

CSC will update its suite of policies to incorporate the amendments to section 79 of the Act.

How were they developed?

These policies were amended by the Indigenous Initiatives Directorate in collaboration with the Strategic Policy Division.

Who will be affected by the policies?

All staff working with Indigenous offenders are affected by the policy changes.

Commissioner,

Original signed by:
Anne Kelly

Annex

The following is a list of Commissioner's Directives and Guidelines that have been amended to align with the changes made in the Corrections and Conditional Release Act, where the English version of the Act replaces "Aboriginal" with the term "Indigenous".