|
Français
|
Contact Us | Help | Search | Canada Site |
| Home Page | What's New | Research | Publications | Careers |
COMMISSIONER'S DIRECTIVE
Number - Numéro: |
Date: |
Information Sharing
Issued under the authority of the Commissioner of the Correctional Service of Canada |
[ Policy Objectives | Authorities | Cross-References | Definition | Principles | Roles and Responsibilities | Provision of Information to CSC | Information Sharing with Offenders | Sharing of Information Limits | Threatens the Safety of Individuals | Threatens the Security of a Penitentiary | Threatens the Conduct of Any Lawful Investigation | Sharing of Information Outside of CSC | Provision of Information to Individuals Providing Support to the Offender | Sharing of Information with Private Aftercare Agencies or Volunteers | Request from RCMP in Respect of Offenders Currently under Ssentence | The Office of the Correctional Investigator Requests for Information | Public Requests for Information | Disclosure to the Courts | Annex A - Offender Requests for File Corrections | Annex B - How to Prepare a Gist for Protected Information ]
1. To assist in the protection of the public and the safe reintegration of offenders by ensuring that all relevant information is received from and/or shared with the appropriate individuals or groups subject to legal requirements.
2. To ensure accurate and complete offender file information in the interest of timely and safe reintegration and public safety.
3. To provide clear direction and set standards about how to prepare a gist.
Note: This Directive describes the rules governing the sharing of information under the sections of the CCRA that require disclosure of information. Where disclosure is necessary under the CCRA, the rules in the Privacy Act that would normally restrict disclosure of personal information do not apply.
4.Canadian Charter of Rights and Freedoms
Corrections and Conditional Release Act (CCRA)
Corrections and Conditional Release Regulations (CCRR)
5. Canadian Charter of Rights and Freedoms:
s. 7 - Legal Rights
Privacy Act:
s. 3 - Definitions
s. 6(2) - Accuracy of personal information
s. 8(2) - Disclosure of personal information
Official Languages Act
Corrections and Conditional Release Act (CCRA):
s. 2(1) - Definitions
s. 23-27 - Information
s. 141 and 142 - Disclosure of information
Corrections and Conditional Release Regulations (CCRR):
s. 5 (1) and (2) - Authorization
s. 11 - Placement
s. 12 - Transfer
s. 19 - Administrative segregation
s. 25 - Notice of disciplinary charges
s. 94 - Interception of communication
s. 166 - NPB decisions
CD 022 - Media Relations
CD 784 - Information Sharing between Victims and the Service
Access to Information and Privacy Compliance Manual
6. Personal information: See definition s. 3, Privacy Act.
7. Correctional Service of Canada places strong emphasis on public education, credibility and accountability.
8. Correctional Service of Canada recognizes the principles of fundamental justice and the Duty to Act Fairly.
9. Individuals are entitled to know the information that will be considered in making a decision about them which will possibly deprive them of, or limit, their right to liberty.
10. Information shared must be sufficient so that the individual will have an adequate opportunity to respond to or comment on those facts. For complete information-sharing requirements refer to the appropriate policy.
11. Correctional Service of Canada will collect all information relevant to decision-making in the case of an offender.
12. Correctional Service of Canada is obligated to share information with the offender that is relevant to his/her case.
13. The proper sharing of information is essential to achieving the goals of case management.
14. In accordance with the Official Languages Act, offenders will be provided both written and verbal information in the official language of their choice.
15. In accordance with s. 27(4) of the CCRA, offenders, unable to understand French or English, are entitled to an interpreter (including offenders whose mother tongue is an Aboriginal or Inuit language).
16. In accordance with section 24 of the CCRA, Correctional Service of Canada is obligated to take all reasonable steps to ensure that all information used about an offender is accurate, up-to-date and as complete as possible.
17. Regular exchanges of offender information between Correctional Service of Canada employees are provided on a need-to-know basis only. "Need-to-know" implies a need to acquire information for purposes that are currently related to the staff member's duties.
18. The offender has a right to be satisfied that the information about him or her under the control of Correctional Service of Canada will not be given to third parties unless disclosure is authorized by law.
19. To accommodate the special requirements of government agencies such as Correctional Service of Canada, the Privacy Act has defined the concept of "consistent use" which allows a government institution to disclose, either internally or to third parties, information that it has about an individual without the individual's consent, when the information is to be used for purposes directly related to the purposes for which it was originally obtained or compiled.
20. Every effort will be made to provide informal access to staff and offenders to their personal records, where authorized by law.
21. Informal access should be explained and it should be made clear that the informal access or routine access is to be provided only where authorized by law.
22. Information relevant to decisions about release will be provided on a timely basis to the National and Provincial Parole Boards.
23. Information relevant to the supervision and surveillance of offenders will be provided on a timely basis to the police, provincial governments, agencies, and Aboriginal communities/organizations or individuals authorized by the CSC to supervise offenders to facilitate the offender's safe and effective reintegration into the community.
24. Basic information will be provided on a need-to-know basis within the limits of the law to approved persons in the community and whose role is to provide the offender with support.
25. The onus is on Correctional Service of Canada (CSC) to ensure all information in an offender's file is accurate. CSC is obligated to attempt to resolve any file discrepancies in a timely manner.
26. The correction process under the Privacy Act and the CCRA remain two different and distinct avenues for a requestor to ensure that the collected personal information gathered by the Correctional Service of Canada is accurate and precise. For corrections under the Privacy Act, refer to Chapter 5 of the Access to Information and Privacy Compliance Manual.
27. Regional Deputy Commissioners are authorized to enter into protocols related to the disclosure of information, based on the principles contained in this Directive.
28. In accordance with section 5 of the CCRR, the Commissioner's authority under subsection 27(3) of the CCRA to withhold information from offenders, may be exercised by the Institutional Head or the District Director.
29. Institutional Heads and District Directors will ensure that a designated person is available to help offenders with formal Access to Information and Privacy requests. Refer to Access to Information and Privacy Compliance Manual for more information.
30. In accordance with s. 88 of the CCRR, the Institutional Head and District Director will ensure that assistance is provided to offenders who require help to understand a report or a decision.
31. All staff involved with sharing of information under the CCRA must be aware that:
- any personal information that is disclosed beyond what is clearly permitted by the CCRA, Privacy Act or other legal means could be considered an illegal disclosure under the Privacy Act;
- before sharing any information, even where this is permitted by the CCRA, careful consideration will be given as to whether it must be shared in order to meet the requirements of the CCRA. Only relevant personal information sufficient to meet the requirements of the CCRA needs be disclosed.
32. Institutional Heads and District Directors will ensure that offenders requesting file corrections in accordance with s. 24 of the CCRA make their requests to their assigned Parole Officer/Primary Worker.
33. The Parole Officer/Primary Worker will verify the accuracy of case management information and consult with their supervisor as necessary.
34. Any CSC staff responsible for the file who is reviewing a document, in addition to the originator of the information, can make changes or corrections where these changes or corrections are warranted.
35. When deciding if a request for change is reasonable, the person reviewing the documentation will determine whether the originator of the information is available to verify the information.
36. The person reviewing the documentation will ensure that reliable documents or other sources exist which support or contradict the information on file and/or the requested change to the information.
37. Individuals making corrections to documents will inform the original author and supervisor that the report is being amended, where possible.
38. The Parole Officer/Primary Worker will prepare gists as required.
39. The Security Intelligence Officer (SIO) is responsible for the Preventive Security file. The SIO will prepare a gist of protected information as required.
40. All CSC staff have a legal obligation to protect individuals who would be harmed by the inappropriate disclosure of information.
41. Staff must exercise prudence and careful judgement in sharing the information they have acquired from various sources.
PROVISION OF INFORMATION TO CSC
42. When CSC is requesting offender information from a source external to CSC, e.g., police, the offender's family, victims, etc., the request must include a statement to the effect that:
The Correctional Service of Canada has a responsibility under s. 27(1) and (2) of the Corrections and Conditional Release Act to share the information with the offender, unless it meets one of the exceptions set out in subsection 27(3) of the Act, i.e., where there are reasonable grounds to believe that disclosure to the offender would jeopardize:
- the safety of any person;
- the security of a penitentiary; or
- the conduct of any lawful investigation.
Further, even if one, or more, of the above is met, it may be necessary to provide at least a "gist" of that information to the offender. (Refer to Annex B.)
43. The Correctional Service of Canada cannot give absolute guarantees of confidentiality.
44. The limitations on the confidentiality of information will be explained to sources providing information about an offender. The Correctional Service of Canada will attempt to maintain confidentiality, but this may not be possible if the information is to be used for decision purposes.
45. Certain types of information may be provided under a promise of confidentiality. This would be true of statements about an offender obtained, for example, from police informers.
46. Where the Institutional Head or District Director has determined that there are sufficient grounds, under subsection 27(3) of the CCRA, for not sharing all of the information with the offender, a gist (detailed summary) will be prepared and shared with the offender. (Refer to Annex B - How to Prepare a Gist.)
INFORMATION SHARING WITH OFFENDERS
47. Requests from offenders for file information will normally be made in writing and submitted to the Parole Officer/Primary Worker. Parole Officer/Primary Worker will forward the request to the appropriate staff member.
48. Information that can be shared directly should be given immediately to the offender.
49. The largest part of the information sharing with offenders occurs in the context of day-to-day case management activities.
50. Genuine, effective correctional planning requires open communication. Offenders need to know what is expected of them, including reasonable expectations regarding their safe reintegration.
51. The following types of information as a rule can, and where relevant, should be disclosed to the offender:
- information provided by the offender;
- publicly available information;
- opinions of Federal and Agency Employees about offenders;
- opinions that CSC and other federal employees, NPB members and contracted agency employees, have expressed about the offender's needs, attitudes, behaviours, etc., provided that there are no reasonable grounds to believe that the safety of any person will be jeopardized;
- information about the offender in a locked document in OMS, including the Program Application and Referral document, the Visitor Review Board document and the Standard Profile. (this excludes Victim and Preventive Security Information).
52. The CCRA subsection 27(3) identifies that information may be withheld from the offender when the information would jeopardize:
- the safety of individuals;
- the security of a penitentiary;
- the conduct of any lawful investigation.
53. The disclosure of this information to an offender does not necessarily mean that he/she has a right to:
- know the identity of the source of the information, or details and circumstances which could reveal the identity of a source of information;
- a production of the actual documents; or
- all of the details of the case against him/her.
Threatens the Safety of Individuals
54. The withholding of information on this basis must be supported by the existence of grounds that lead to the conclusion that disclosure could reasonably be expected to result in a direct threat to the safety of an individual (i.e., an employee, a NPB member, another offender, private citizen). Such grounds must be backed by solid evidence particularly in the case of government employees and NPB members, who accept a certain level of "normal" risk as being inherent to the nature of their work.
55. Examples include: a. sensitive information furnished by another offender, the disclosure of which would easily identify who the source was; b. information given by an offender's partner who specifically requests confidentiality as he/she is afraid that their partner will harm them if it is disclosed that he/she spoke to a Parole Officer.
Threatens the Security of a Penitentiary
56. The potential for injury should be clearly demonstrated with a reasonable degree of probability of occurrence and should not be seen as vague general harm which might beset any institution.
57. Examples include: a. information as to the location of arms storage facilities in the institution, all components of the Perimeter Intrusion Detection System and the main computer and communications rooms in the institution; b. information describing any weakness of the security system of an institution; c. information on investigative techniques used in the Preventive Security Section.
Threatens the Conduct of Any Lawful Investigation
58. This is applicable to any situation that might jeopardize the successful conduct of an ongoing investigation. As well, it is designed to protect information relating to investigative techniques or information collection methods that could have a detrimental effect on future investigative processes.
59. Examples include: b. information as to how the investigation was conducted, e.g., use of wire taps, informants, etc.; c. information which would reveal the existence of a current investigation. In this respect, general statements such as "is suspected of drug trafficking" should normally be disclosed unless the source can demonstrate that there is an investigation going on and that letting the individual know of its existence could be injurious to the further progress of that investigation.
60. Where relevant information is of such a highly sensitive nature that not even a gist can be provided to the offender, the following statement will be included in the decision-making report: "The information contained in certain reports cannot be shared with you at this time since it is considered that disclosing this information to you would be injurious to a public interest which outweighs your right to receive the information."
61. If a situation arises where the fact that information exists may need to be withheld to protect the safety of persons, the security of a penitentiary or the conduct of any lawful investigation, consult with your supervisor and Legal Services.
62. Prior to any decision to disclose contents of reports for which confidentiality has been requested, NPB will consult the appropriate CSC authorities. In the event that no agreement can be reached, advice will be sought from regional and National Headquarters. Although the final decision rests with the National Parole Board, full cognizance will be taken of CSC's views, since CSC understands the context in which the sources have provided the information and the repercussions of not maintaining its confidentiality.
63. NPB will be responsible for advising both the offender and CSC of information that it has received independently, through channels other than the documentation submitted by CSC.
SHARING OF INFORMATION OUTSIDE OF CSC
64. CSC may share information regarding offenders with officials and other interested parties outside of federal corrections where this sharing is authorized by law and supports CSC's role in making informed and responsible decisions about offenders and ensuring the protection of society.
65. No personal information should be released to anyone other than the individual it relates to, unless one of the following four conditions applies: a. the information is already public; b. the individual concerned consents to release of the information; c. there exist no statutory prohibitions; or d. in accordance with one of the categories of permitted disclosures noted below.
Provision of Information to Individuals Providing Support to the Offender
66. Within the parameters of the law, all persons in the community who will play a significant role in offering support to the offender upon his or her release (as approved by the DD or his/her delegate) will be provided, on a need-to-know basis, with basic information regarding the offender's criminal background (nature of current and past offences) and present areas of critical concern. They will also be fully briefed on the offender's release plan and their role in it. The fact that the sharing of information has occurred will be documented in a CWR.
Sharing Information with Private Aftercare Agencies or Volunteers
67. Pursuant to section 25(1) of the CCRA, the Correctional Service of Canada is obligated to share pertinent information with approved private aftercare agencies under contract or with an approved volunteer as they perform services on CSC's behalf. It is important to provide agencies with comprehensive and accurate information concerning the offenders referred to them so they may ensure that appropriate types of supervision, surveillance and programming are afforded to these individuals.
68. Persons with whom protected information is to be shared must be cleared or reliability screened in accordance with Government of Canada security policy to receive such protected information.
Request from the RCMP in Respect of Offenders Currently Under Sentence
69. In accordance with an agreement made under section 8(2)( f ) of the Privacy Act, personal information under CSC's control may be disclosed to municipal and provincial police forces for the purpose of administering or enforcing any law or carrying out a lawful investigation, including to the RCMP when they are acting in such capacities. For any other request for personal information by the RCMP or any federal investigative bodies, it must be processed in accordance with section 8(2)( e ) of the Privacy Act. Refer to the Access to Information and Privacy Compliance Manual, institutional, regional or national ATIP representatives for guidance on such cases.
The Office of the Correctional Investigator Requests for Information
70. Section 172(1) of the CCRA clearly obliges CSC staff to provide any information in their possession to the Correctional Investigator in a timely manner in any case where the Correctional Investigator believes that the information relates to an investigation.
Public Requests for Information
71. Consistent with public education, credibility and accountability, the following is a list of information which can be disclosed by authorized members of the Correctional Service of Canada:
- the offender's name;
- the fact that the offender is under federal jurisdiction;
- the current offence of which the offender was convicted and the court that convicted the offender;
- the date of commencement and length of the sentence that the offender is serving;
- the eligibility dates applicable to the offender under the CCRA for temporary absences or conditional release;
- the criminal history of the offender;
- the statutory release date;
- the warrant expiry date;
- the name of offenders who have been victims of homicides, suicides or serious assaults.
72. The place of incarceration (including CBRF) may be disclosed to officials who have legal documents to serve and any other individuals whom the offender has consented to disclose the information to after he/she has completed form Consent for Disclosure of Personal Information (Inmate) (CSC/SCC 0487).
73. CSC staff may be called as a witness to give evidence in court proceedings involving an offender, or when the court issues a subpoena or warrant requiring the production of documents concerning the offender.
74. Consult the "Appearing as a Witness" Guidelines for more general information regarding the giving of testimony.
Commissioner,
Original signed by
Keith Coulter
Annex(e) A - Offender Requests for File Corrections
1. Requests for corrections to file information will be made under the provisions of section 24(2)( a ) of the CCRA in relation to information to which the offender has been given access under section 23(2).
2. Where an offender believes that there is an error or omission in information collected by CSC, the offender may request that the information be corrected.
3. Offenders will be required to submit their requests for file corrections in writing to their Parole Officer/Primary Worker. A copy of the written request will be placed on the offender's case management file.
4. Those making administrative decisions on the basis of the information will be made aware that the offender has formally contested its accuracy.
5. The review of the file information will normally be completed within 30 days of the offender's request.
Corrections Accepted in Full
6. If not satisfied that the information is accurate, the person conducting the review will correct the erroneous information in all CSC files, including OMS records.
7. The original OMS report will be unlocked. At the beginning of the report, indicate what date the information is being changed, the original date of the report, what is being changed, the reason, by whom and the name of Parole Officer's/Primary Worker's supervisor who approves the changes.
8. The original information should not be changed. The corrected information will be inserted directly below the original. The corrected information will be entered in the report in capital letters. Re-lock the report.
9. The changed OMS report will replace the original report on the appropriate hard copy files. Parole Officer/Primary Worker will ensure that the original version (incorrect version) of the hardcopy report is removed and destroyed.
10. Where applicable, provide a copy of the corrected documentation to the NPB. Request that the NPB replace the original report on their files with the amended report.
11. A copy of the corrected report must be given to the offender.
12. In cases where documents on the file have been numbered for a Privacy request, Information Management staff will insert a note in place of the original report, indicating that the document has been deleted and replaced by the new report filed under the new report date.
Corrections Accepted in Part
13. In the event that it is determined that a correction either in whole or in part is warranted, the appropriate OMS document(s) should be unlocked and the corrected information inserted.
14. The original OMS report will be unlocked. At the beginning of the report, indicate what date the information is being changed, the original date of the report, what is being changed, the reason, by whom and the name of the supervisor who approves the changes.
15. The original information should not be changed. The corrected information will be inserted directly below the original. The corrected information will be entered in the report in capital letters. Re-lock the report.
16. The changed OMS report will replace the original report on the appropriate hard copy files. The original version (incorrect version) of a hardcopy report is to be removed, destroyed and replaced by a file tracer.
17. In cases where the correction was accepted in part, a copy of the request and any accompanying documentation will be provided to the NPB to reflect the opinion of the requestor.
18. A copy of the corrected record must be given to the offender.
19. In cases where a request for correction under the CCRA has been accepted in part, the memo to the offender should also advise the offender of the right to appeal using the inmate grievance system (CD 081).
Corrections Denied
20. When the request for correction under s. 24(2) of the CCRA is denied, include a note attached to the information, indicating that the offender has requested a correction and setting out the correction requested.
21. The offender should be advised by way of a Memo to File titled, Request for File Correction, (located in OMS) that the file correction request has been considered but the request denied. The memo will identify the reason(s) for the denial.
22. A copy of the Memo to File will be provided to the offender and, where applicable, a copy forwarded to the NPB.
23. In cases where a request for correction under the CCRA has been denied, the memo should advise the offender of the right to appeal using the inmate grievance system (CD 081).
Annex(e) B - How to Prepare a Gist for Protected Information
GIST FOR PROTECTED INFORMATION
1. An offender is normally entitled to know the substance of the information which is being used in making a decision about his or her case. The substance of the information and/or significant details is shared with the offender in a "gist".
2. A gist conveys the essence of the information to be considered by decision-makers and provides sufficient detail to allow the offender to know the case against him or her. It must give as much of the information as possible without disclosing information which can legitimately be withheld under the specified criteria for non-disclosure.
3. Only as much information as is strictly necessary to protect the interests identified in s. 27(3) of the CCRA may be withheld.
4. It is important to remember a gist is only to be used in exceptional circumstances as normally all information will be shared with offenders. If information cannot be shared with the offender in a gist form, then the information should not be used in the decision-making. (For exceptions, see Withholding a Gist.)
PREPARING A GIST
5. The gist must furnish the relevant facts, including:
- the dates and places of specific incidents;
- the manner in which these became known to the authorities; and
- any other evidence supporting the Intelligence information.
6. The name of an informant is not relevant information.
7. The disclosure of information to an offender does not necessarily mean that he/she has a right to:
- know the identity of the source of the information, or details and circumstances which could reveal the identity of a source of information;
- a production of the actual documents; or
- all of the details of the case against him/her.
8. The information shared must provide the offender with sufficient details to enable the offender to respond meaningfully to the assertions being made.
WITHHOLDING A GIST
9. In order to justify withholding a gist, it will have to be demonstrated that the information meets one of the injury tests outlined in s. 27(3) of the CCRA.
10. In some cases, the information is time-sensitive and must be withheld from the offender until a person is no longer at risk of serious/lethal harm; a police investigation is completed, or the safety of the institution is no longer in jeopardy. An example would be intimate partner relationships. An offender's spouse discloses acts of violence committed by the offender and fears imminent danger. A gist would identify the source of information, placing them in jeopardy; however the information must be acted upon. The information must be withheld from the offender only until the potential victim is no longer at risk. The Parole Officer/Primary Worker, in consultation with the Security Intelligence Officer (SIO) will share a gist of the information when there is no imminent risk to the spouse.
11. In certain very rare cases, there may be circumstances which preclude even the gist from being revealed without compromising the security of the institution or endangering life. In such cases, no gist will be prepared. However, the reasons for the full exemption of the file will be prepared and provided to the NPB.
12. Where relevant information is of such a highly sensitive nature that a gist can not be provided to the offender, the NPB must be informed and the following statement appended to the decision-making report: "In accordance with s. 27(3) of the CCRA, the information contained in certain reports cannot be shared with you at this time since it is considered that disclosing this information to you would be injurious to a public interest which outweighs your right to receive the information."
13. In order to support the rationale not to disclose under section 27(3) of the CCRA, the following points should be noted:
- when information has already been made public, the individual will already know the names of the victims and the details of the alleged crime thereby rendering it unlikely not to be able to share information;
- fear that disclosure would threaten the safety of informants requires evidence of this allegation.
PREVENTIVE SECURITY FILES
14. The information contained in preventive security files is generally sensitive and may be shared only after the SIO has fully determined and considered the potential injury arising from access to the information.
15. The documentation of sensitive information is recorded using either a Protected Information Report (form CSC/SCC 0426) or a Security Intelligence Report (form CSC/SCC 0232) which is maintained in the Preventive Security file.
16. Where a Protected Information Report (PIR) or a portion or summary thereof is shared with the offender, note on the PIR that a gist was shared with the offender. Include a copy of the gist on the Preventive Security file for future reference. This procedure will also facilitate any file review by a Privacy Analyst in the event of a formal request for access under the Privacy Act.
17. The Parole Officer/Primary Worker, using the Preventive Security file, prepares a gist of the information he/she considers to be relevant, keeping in mind the above guidelines.
18. The Parole Officer/Primary Worker will share the gist with the SIO for review and concurrence.
19. The gist is provided to the NPB as part of the report to be used in any discussion that could arise during a hearing concerning the offender. The NPB may provide the gist to the offender or use it as a guide as to what information they may divulge to the offender.
20. If an offender registers an appeal of an NPB decision, the NPB will liaise with the Intelligence Unit at National Headquarters to obtain such Preventive Security documents as are considered necessary by Board Members who are considering the appeal.
