Guideline 710-2-1
CCRA Section 81: Transfers

Authorities

• Corrections and Conditional Release Act (CCRA), sections 3.1, 4, 15.1, 27(4), 79, 80, 81, 82, 83 and 84
• Corrections and Conditional Release Regulations (CCRR), sections 5 and 114

Purpose

To provide guidelines for the transfer of offenders to section 81 facilities (Healing Lodges) and the return of offenders to the Correctional Service of Canada (CSC) from section 81 facilities

Application

Applies to all staff involved in the transfer of section 81 offenders

Contents

• Section 81 Transfers
  • Purpose
  • Offender-Related Objectives
• Transfer Authorization
• Protocol and Procedures Agreements
• Criteria for Transfers from Federal Custody to Indigenous Care and Custody
• Transfer Areas and Return of Offenders Covered Within Protocol and Procedures Agreements
• Regular Transfers from CSC Institutions to Section 81 Healing Lodges
• Interim Return of Offenders to CSC for Assessment or Program Purposes
• Voluntary Return of Offenders
• Emergency Return of Offenders
• Annex A - Cross-Reference and Definitions

Section 81 Transfers

Purpose

1. The purpose of a section 81 transfer is:
   1. to facilitate the care and custody of an offender in an Indigenous community where services address the rehabilitation of offenders through culturally, spiritually and traditionally relevant interventions and programming
   2. to facilitate access to an Indigenous community with the capacity to provide services and benefits within a positive environment for Indigenous offenders that will assist them to become law-abiding citizens
   3. to facilitate the development of skills through accessing the broad Indigenous social and community services network that support the reintegration of an offender.

Offender-Related Objectives

2. In support of public safety, a section 81 agreement and subsequent transfer facilitate and enhance the realization of such offender-related objectives as:
   1. keeping the offender within an Indigenous community in recognition of the value placed on family and community relationships
   2. accessing healing and intervention through Indigenous teachings and ceremonies, contact with Elders and spiritual advisors, and culturally relevant programming in an environment that incorporates Indigenous people's traditions and beliefs while moving the offender towards a successful reintegration
   3. enabling the offender to exercise his/her legal rights, as defined within the CCRA.

Transfer Authorization

3. Transfers of Indigenous offenders from federal custody to an Indigenous governing body’s or Indigenous organization’s care and custody are authorized under section 81 agreements signed by the Minister of Public Safety and Emergency Preparedness (Minister), or a person authorized by the Minister.
4. Under subsection 81(3) of the CCRA, the Commissioner may transfer an offender to the care and custody of an Indigenous governing body or any Indigenous organization with the consent of the offender and of the Indigenous community.
5. The Regional Deputy Commissioner is the decision maker for the transfer of an inmate to a section 81 facility for men.
6. The Deputy Commissioner for Women is decision maker for the transfer of an inmate to a section 81 facility for women.

Protocol and Procedures Agreements

7. Each section 81 agreement will have a separate agreed-upon detailed protocol and procedures agreement for the transfer of offenders from CSC to the section 81 Healing Lodge and the return of offenders from the section 81 Healing Lodge pursuant to the agreement between the Minister and the Indigenous organization.
8. All senior managers, institutional Parole Officers, Primary Workers and community Parole Officers involved with section 81 facilities will be familiar with related section 81 and protocol and procedures agreements.

Criteria for Transfers from Federal Custody to Indigenous Care and Custody

9. The following criteria for a section 81 transfer are consistent with the principle that the transfer is primarily aimed at benefiting the rehabilitation gains of an Indigenous offender and is consistent with public safety:
   1. the offender must be able to be classified as minimum security or, on a case by case basis, be classified as medium security
   2. the offender must be committed to the Healing Lodge's philosophy and his/her Correctional Plan and its healing components
   3. the offender must be willing to continue with his/her healing journey
   4. the offender must be willing to abide by all rules and procedures as prescribed by the Healing Lodge
   5. the Director of the section 81 Healing Lodge must provide written confirmation of acceptance for the transfer of the offender from the CSC institution
   6. the offender consents to the transfer to the section 81 Healing Lodge
   7. the offender's rights and opportunities must not be diminished by virtue of the external delivery of services
   8. notwithstanding the external delivery of community correctional services, CSC retains its general responsibility to ensure the best possible correctional services to offenders under its mandate.

Transfer Areas and Return of Offenders Covered Within Protocol and Procedures Agreements

10. The following areas are to be covered within the protocol and procedures agreements:
    1. intake assessment and penitentiary placement
    2. regular transfers from a CSC institution to a section 81 Healing Lodge
    3. interim return of offenders to CSC for assessment or programming purposes
    4. escorted or unescorted temporary absences for programming purposes
    5. escorted or unescorted temporary absences from the Healing Lodge to other facilities
    6. work releases
    7. day and full parole
    8. voluntary return of offenders
    9. involuntary return of offenders
    10. non-emergency return of conditionally released offenders
    11. emergency return of conditionally released offenders
    12. victim notification
    13. reporting of security incidents
    14. police notification and warrants.

Regular Transfers from CSC Institutions to Section 81 Healing Lodges

11. Existing CSC transfer processes will provide the necessary avenue for section 81 transfer cases.
12. The Manager, Assessment and Interventions, and the Correctional Manager will ensure institutional Parole Officers and Primary Workers are familiar with section 81 facilities and philosophy, appropriate referrals, the institutional transfer process and CD 710-2 - Transfer of Inmates.
13. All offender transfers to a Healing Lodge will be with the consent of the offender.
14. Offenders may submit a request for interview to their institutional Parole Officer or Primary Worker or to a Healing Lodge staff member at any time.
15. The purpose of the transfer request is entered in the Offender Management System (OMS).
16. The institutional Parole Officer will ensure that a copy of the request for interview is forwarded to and received by the Healing Lodge Director. The following information will be included:
    1. parole eligibility dates
    2. upcoming Parole Board of Canada hearing dates
    3. release dates
    4. timelines for the Healing Lodge documents or consent letters.
17. For all transfers, if victim notification is applicable, the respective protocol agreement will outline appropriate procedures.

Interim Return of Offenders to CSC for Assessment or Program Purposes

18. The short-term return of offenders to a federal facility for assessment or program needs requires a Correctional Plan Update and an Assessment for Decision.
19. The receiving institution will be required to enter this information in OMS.
20. The Healing Lodge Director will provide a letter of support to CSC outlining the purpose and duration of the assessment/program that is in alignment with the Correctional Plan and its healing components.
21. The decision will be entered in OMS upon completion of the program/assessment and transfer back to the Healing Lodge. Prior to the transfer back to the Healing Lodge, the transfer information will be forwarded to the Regional Transfer Officer at Regional Headquarters for review and approval by the Assistant Deputy Commissioner, Correctional Operations.

Voluntary Return of Offenders

22. A case conference will occur at the earliest date between the Healing Lodge and the receiving institution.
23. The return of an offender to a designated CSC institution is initiated when the Director of the Healing Lodge withdraws consent to house the offender, or when the offender advises that he/she wishes to be returned. The Healing Lodge Director is the decision maker.
24. The Healing Lodge Director or designate will contact the Correctional Manager or the officer in charge, at the appropriate designated CSC institution, to inform the institution of the offender's request for voluntary return. The responsible CSC officer will gather information in reference to the request.
25. The Correctional Manager will advise the Institutional Head of the Healing Lodge Director's withdrawal of support, or the offender's request to voluntarily transfer, and provide all relevant information.
26. The Healing Lodge Director or designate and the Correctional Manager will discuss appropriate transportation.
27. The institutional Parole Officer responsible for the case will contact the Healing Lodge Director to gather information related to the offender's performance and the circumstances that led to the return of the offender.
28. A progress report will be completed to address the offender's progress at the Healing Lodge and rationale for the return to CSC. An Assessment for Decision is not required unless the security level of the offender is to be reviewed and elevated. If this is required, it will be completed within 30days of the offender's submission of a request to return.
29. Prior to the return of the offender, the Case Worker at the Healing Lodge will submit to the Manager, Assessment and Interventions, the following information that supports the completion of the Assessment for Decision:
    • Case Status
      1. profile of the offender, including name, Finger Print System (FPS) number, length of sentence, and offence
      2. synopsis of the programs and activities the offender has been participating in since arriving at the Healing Lodge
    • Purpose of the Report
      3. reasons the report is being prepared (e.g. the offender is requesting to voluntarily return to the institution or the Healing Lodge is withdrawing its support)
      4. reasons the offender is leaving the Healing Lodge
      5. where consultation has occurred with the receiving institution, documentation of the plan to move the offender.

Emergency Return of Offenders

30. A case conference will occur at the earliest date between the Healing Lodge and the receiving institution.
31. An emergency return is warranted where an offender's risk to staff and public safety is no longer manageable.
32. The Healing Lodge Director is responsible for deciding if an offender should be returned.
33. The Healing Lodge Director will contact the Correctional Manager of the institution to request emergency assistance to carry out the removal of an offender from the Healing Lodge.
34. The Healing Lodge Director or designate will meet the Correctional Officer/Primary Worker at the Healing Lodge and provide a letter terminating support of the offender and indicating reasons for the withdrawal of support. The offender will be provided with a copy of the reasons for the withdrawal of support.
35. CSC is responsible for the completion of all documentation regarding the return of an offender to a CSC institution with the exception of the letter of withdrawal of support completed by the section 81 Healing Lodge Director or designate.
36. The Correctional Manager will immediately notify the Institutional Head of the Healing Lodge Director's request and provide all relevant information.
37. The Correctional Manager will dispatch Correctional Officers/Primary Workers as soon as possible to the Healing Lodge to transport the offender back to the institution.
38. Prior to the return or as soon as possible after the return, the Healing Lodge will provide the Case Management Team at CSC the following information for the completion of the Assessment for Decision:
    • Case Status
      1. profile of the offender, including name, FPS number, length of sentence, and offence
      2. synopsis of the programs and activities the offender has been participating in since arriving at the Healing Lodge
    • Purpose of the Report
      3. reasons the report is being prepared: (e.g. involuntary return of an offender to the institution)
      4. reasons for the involuntary return of the offender to the institution (e.g. involuntarily return due to behaviour and increased risk that can no longer be managed)
      5. an analysis of the factors that prompted the involuntary return, including the precipitating incidents (time, place, damage to property, physical injury, intoxication, etc.) and behaviour the offender exhibited to cause the recommendation for the return
      6. physical and/or mental health care needs know to the Healing Lodge staff
      7. where consultation has occurred with the receiving institution, documentation of the plan to return the offender.
39. The Healing Lodge Director is responsible for deciding if an offender should be returned. The letter of withdrawal of support must be completed by the section 81 Healing Lodge Director or designate and submitted to CSC to initiate the necessary return of the offender to a CSC institution.
40. Pursuant to the specified responsibility in the relevant agreement, the responsible institutional Parole Officer will complete all the necessary reports and OMS entry.

Assistant Commissioner,
Correctional Operations and Programs

Original Signed by:
Alain Tousignant

Annex A
Cross-Reference and Definitions

Cross-Reference

CD 702 - Indigenous Offenders

Definitions

CSC Healing Lodge: a minimum or multi-level institution operated by CSC in partnership with the Indigenous governing body or any Indigenous organization.

Indigenous: an inclusive term referring to the descendants of the original inhabitants of Canada - First Nations, Métis, and Inuit - three separate peoples with unique heritages, languages, cultural practices, and spiritual beliefs. The term can also be used to reference any of the three groups.

Indigenous community: a First Nation, tribal council, band, community, organization or other group with a predominantly Indigenous leadership. (CCRA, section 79)

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.

Indigenous organization: means an organization with predominately Indigenous leadership.

Return pursuant to section 81: the physical return of an offender from section 81 Healing Lodge care and custody to the care and custody of CSC.

Section 81 agreement: an agreement entered into by the Minister, or a person authorized by the Minister, with an Indigenous governing body or Indigenous organization for the provision of correctional services to Indigenous offenders. [CCRA, subsection 81(1)]

Section 81 Healing Lodge: a minimum or multi-level facility under the control of an Indigenous governing body or Indigenous organization that operates under an agreement entered with the Minister or a person authorized by the Minister under section 81 of the CCRA for the provision of correctional services to Indigenous offenders.

Transfer pursuant to section 81: the physical transfer of an offender (CCRA, section 2) from CSC care and custody to the care and custody of an Indigenous governing body or Indigenous organization pursuant to subsection 81(3) of the CCRA and a section 81 agreement.