Interim Policy Bulletin 677

Policy numbers and titles:

Commissioner’s Directive (CD) 705-7 – Security Classification and Penitentiary Placement

Why was the policy changed?

Pursuant to section 79.1(1) of the Correctional and Conditional Release Act (CCRA), CSC must take into consideration systemic and background factors affecting Indigenous peoples that have contributed to the overrepresentation of Indigenous persons in the criminal justice system. Moreover, an Indigenous offender’s unique systemic and background factors are not to be taken into consideration for decision respecting the assessment of risk posed by the Indigenous offender, unless those factors could decrease the level of risk.

For Indigenous offenders, security classification and placement decisions require an individualized assessment of an offender’s Indigenous social history. This helps decision-makers determine whether less restrictive conditions or alternative interventions would better meet the needs of the Indigenous offender.

CD 705-7 – Security Classification and Penitentiary Placement has been updated to include the requirement for a new case consultation process to occur between the Institutional Head and the Assistant Deputy Commissioner, Correctional Operations (ADCCO), for Indigenous offenders.

What has changed?

The following changes have been made :

Secondary Review/Consultation regarding the initial Offender Security Level (OSL)

For Indigenous offenders, where a decision is being considered for an initial security classification level that is higher than the result of the Custody Rating Scale (CRS) and an override is being applied based solely on an assessment of either “moderate” or “high” public safety risk, the Institutional Head will initiate a case consultation with the ADCCO prior to making their final decision.

The consultation will occur as soon as practicable, but no later than seven working days after receipt of the Assessment for Decision and will focus on the following:

1. an examination of the risk posed by the Indigenous offender
2. a consideration of the Indigenous offender’s unique systemic and background factors
3. a determination of whether less restrictive conditions or alternative interventions or cultural/restorative options could contribute to reducing the risk and better meet the offender’s needs in accordance with the Indigenous Continuum of Care.

The results of the consultation will be documented in the “recommendation” section of the “CSC Board Review/Decision Referral Sheet”.

Timeframes for completing the intake assessment process and the final decision-making authority remain unchanged.

This consultation process does not apply to offenders readmitted to federal custody following suspension or revocation.

How was it developed?

This policy was developed by the Correctional Operations and Programs Sector and the Policy Sector, in consultation with the Indigenous Initiatives Directorate.

Who will be affected by the policy?

These changes affect staff members involved in completing any aspects of initial security classification for this group of Indigenous offenders.

Commissioner,

Original signed by:

Anne Kelly

Date modified:

2021-11-01