Interim Policy Bulletin 648
Interim Policy Bulletin
In Effect: 2019-11-30
Policy numbers and titles:
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.
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.
Original signed by:
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".
Commissioner’s Directive (CD
GL 005-1 - Institutional Management Structure: Roles and Responsibilities
CD 009 - Research
CD 024 - Management of Correctional Service of Canada Volunteers
CD 041 - Incident Investigations
GL 081-1 - Offender Complaint and Grievance Process
GL 200-1 - Policy Instruments
CD 259 - Exposure to Second-Hand Smoke
CD 318 - Environmental Protection and Sustainable Development
CD 530 - Death of an Inmate: Notifications and Funeral Arrangements
CD 541 - Interjurisdictional and CCRA Section 81 Agreements
GL 541-1 - Interjurisdictional Exchange of Services Agreements
GL 541-2 - Negotiation, Implementation and Management of CCRA Section 81 Agreements
CD 550 - Inmate Accommodation
CD 559 - Visits
CD 560 - Dynamic Security and Supervision
CD 564-1 - Individual Security Screening
CD 566 - Framework for the Prevention of Security Incidents
CD 566-7 - Searching of Offenders
CD 566-8 - Searching of Staff and Visitors
CD 566-9 - Searching of Cells/Rooms, Vehicles and Other Areas
CD 566-12 - Personal Property of Offenders
CD 566-15 - Closed Circuit Television Systems
CD 567 - Management of Incidents
CD 568-3 - Identification and Management of Security Threat Groups
CD 568-4 - Preservation of Crime Scenes and Evidence
CD 568-5 - Management of Seized Items
CD 577 - Staff Protocol in Women Offender Institutions
CD 578 - Intensive Intervention Strategy in Women's Institutions
CD 580 - Discipline of Inmates
CD 600 - Management of Emergencies in Operational Units
CD 700 - Correctional Interventions
CD 702 - Aboriginal Offenders
CD 705 - Intake Assessment Process and Correctional Plan Framework
CD 705-1 - Preliminary Assessments and Post-Sentence Community Assessments
CD 705-3 - Immediate Needs Identification and Admission Interviews
CD 705-4 - Orientation
CD 705-5 - Supplementary Assessments
CD 705-6 - Correctional Planning and Criminal Profile
CD 705-7 - Security Classification and Penitentiary Placement
CD 706 - Classification of Institutions
CD 708 - Special Handling Unit
CD 709 - Administrative Segregation
GL 709-1 - Administrative Segregation Guidelines
CD 710 - Institutional Supervision Framework
CD 710-1 - Progress Against the Correctional Plan
CD 710-2 - Transfer of Inmates
GL 710-2-1 - CCRA Section 81: Transfers
GL 710-2-3 - Inmate Transfer Processes
GL 710-2-4 - Movement Within Clustered/Multi-Level Institutions
CD 710-3 - Temporary Absences
CD 710-4 - Perimeter Security Clearance
CD 710-5 - Judicial Review of Parole Ineligibility
CD 710-6 - Review of Inmate Security Classification
CD 710-7 - Work Releases
CD 712 - Case Preparation and Pre-Release Framework
CD 712-1 - Pre-Release Decision-Making
GL 712-1-1 - CCRA Sections 84 and 84.1 Release Planning Process
CD 712-2 - Detention
CD 712-3 - Parole Board of Canada Reviews
CD 712-4 - Release Process
CD 712-5 - Pre-Release Case Preparation for Provincial/Territorial Offenders and Federal Offenders Incarcerated in Provincial/Territorial Facilities
CD 714 - Community Correctional Centre Standards
GL 714-1 - Consultation Guidelines for the Establishment and/or Relocation of Community Correctional Centres
CD 715-1 - Community Supervision
CD 715-2 - Post-Release Decision Process
CD 715-3 - Community Assessments
CD 715-4 - Case Preparation and Supervision of Women Offenders with Children Residing at a Community-Based Residential Facility
CD 719 - Long-term Supervision Orders
CD 720 - Education Programs and Services for Offenders
CD 726 - Correctional Programs
CD 730 - Offender Program Assignments and Inmate Payments
CD 735 - Employment and Employability Program
CD 750 - Chaplaincy
CD 760 - Social Programs and Leisure Activities
CD 764 - Access to Expressive Material
GL 764-1 - Expressive Material
CD 767 - Ethnocultural Offenders: Services and Interventions
CD 768 - Institutional Mother-Child Program
CD 800 - Health Services
CD 860 - Offender's Money
CD 880 - Food Services
CD 890 - Inmate Owned Canteens
- Date modified: