Parliamentary Committee Notes: Process For High Profile Offenders
Issue
Following the high profile transfer of an inmate from a maximum-security to a medium-security institution, the processes which guide transfers have been the subject of criticism and calls for reform.
Proposed Response
- Correctional Service Canada (CSC) has a policy on information sharing which outlines a process by which case management staff must flag high profile offenders in CSC’s system and brief up on events accordingly within CSC.
- As defined in policy, a high profile offender is an offender whose offence dynamics elicited or have a potential to elicit a community reaction in the form of significant public and/or media interest.
- While notifications of transfers were provided to the Minister’s Office in the past, this was done without a formal process. With the issuing of the Ministerial Directive on July 20, 2023, prior to transferring a high-profile offender to any reduced security level, CSC will notify the Minister of Public Safety, formally and directly.
- CSC also advises the Minister’s Office of other major incidents including deaths in custody and escapes. This notification is typically completed by email.
- For transfers, for example, information shared contains the name of the offender, offences, available information about the anticipated event, and institutions involved. CSC also may share communications products, as happened in the case of Paul Bernardo's transfer, if public interest is anticipated.
- Depending on the nature of the event, CSC may also complete verbal notifications or conduct verbal briefings, as required.
Background
High profile offender: an offender whose offence dynamics elicited or have a potential to elicit a community reaction in the form of significant public and/or media interest.
Ministerial Directive
On July 20, 2023, the Ministerial Directive was issued to the Correctional Service of Canada with the intent to ensure victims’ rights are considered from the beginning of the transfer process and strengthen the way it shares information with victims and the government. The direction also seeks to improve notification to victims surrounding security classification and transfers of offenders, and establishes a formal process to notify the Minister of Public Safety (https://www.publicsafety.gc.ca/cnt/trnsprnc/ns-trnsprnc/mnstrl-drctn-cscis-sccer-en.aspx).
In accordance with the recommendations made by the Office of the Federal Ombudsman for Victims of Crime in 2019, CSC was directed to:
- Gather and consider victim information at the outset of the decision-making process or as soon as a voluntary transfer request is being considered for support by CSC.
- Use their Victim Notification flag system when they begin considering a transfer application that may be supported by CSC to allow victim services officers to proactively collect input from victims in advance of the Assessment for Decision.
- Make changes to policy to require all CSC staff to always consider whether any victims live near the institution to which the transfer is being considered, and wherever possible, transfer the offender to another institution.
The Ministerial Direction also require that the Minister of Public Safety receive formal and direct notification regarding security classification and transfers of high-profile offenders. These are offenders whose offences elicited or have a potential to elicit significant public interest.
CSC and Public Safety are now working towards implementing the Ministerial Directive, including identifying the necessary policy and legislative changes that may be required. CSC has developed an implementation plan for how to action the Ministerial Directive which is currently being reviewed.
Responsibilities
The CSC Institutional Head (IH) is responsible for:
- Implementing a process to ensure the high profile offender flag is set in the Offender Management System (OMS) for any inmate who meets the definition of a high profile offender; and
- Implementing a process to ensure procedures are followed when a high profile offender is being placed, pursuant to Commissioner's Directive 701 on information sharing to ensure information is received and shared with the appropriate individuals and/or groups pursuant to legal requirements and protocols. This includes the provision of information to CSC, information sharing with offenders, or outside of CSC.
In Commissioner Directive 784, the IH is responsible for the following:
- developing processes to ensure the Victim Services Unit is provided with notification of events and relevant decisions regarding offenders with victim notification pursuant to the Victim Services Notification Guide (Annex C)
- ensuring that decision sheets provide a rationale when not imposing a condition to protect the victim on an offender’s unescorted temporary absence (CSC authority) in cases where the victim has submitted a statement pursuant to subsection 133(3.1) of the CCRA
- facilitating the attendance of victim observers at the Parole Board of Canada (PBC) hearings held at the site and ensure that victims’ needs are taken into consideration in the preparation of hearing rooms and waiting rooms at the site
- ensuring that information regarding CSC’s victim services and restorative justice programs/ victim-offender mediation services is available within operational units
- ensuring a process which conforms to CD 085 – Correspondence and Telephone Communication is in place to prevent unwanted contact and respect non-communication orders, while allowing offenders to communicate with victims who wish to maintain contact with the offender.
The Regional Deputy Commissioner:
- Ensures processes outlined in Commissioner's Directive 784 on Victim Engagement are followed to manage the engagement of victims within CSC by upholding victims’ rights and ensuring timely and effective information sharing pursuant to legislation, including:
- delivery of services to victims by regional Victim Services Units;
- that policy direction with respect to victim notification is followed; and
- implementation of protocols in compliance with provincial and municipal legislation or programs pertaining to witness protection and the disclosure of information relating to them.
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