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:

  1. systemic and background factors affecting Indigenous peoples of Canada;
  2. 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
  3. 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:

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".

Commissioner’s Directive (CD
Guidelines (GL)

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 710-7 - 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

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