GUIDELINES

INFORMATION SHARING BETWEEN VICTIMS AND THE CORRECTIONAL SERVICE OF CANADA

Policy Bulletin 212

RESPONSIBILITIES

1. The Victim Liaison Coordinator (VLC) is responsible for:

1. confirming the identity and eligibility of the victim and/or agent requesting information under section 26 of the CCRA;
2. ensuring, as is reasonably possible, that victims are provided with adequate information about laws, policies and procedures governing CSC, the National Parole Board (NPB), and information sharing;
3. ensuring that OMS is updated with all victim notification information;
4. ensuring that there is complete documentation regarding registration of victims;
5. ensuring that the Victim Notification Alert Card (form CSC/SCC 1215) is completed in all cases and placed on the offender's current Preventive Security File;
6. ensuring that a process is established so that the person responsible for notification after hours is aware of the need to retrieve the list of all offenders who have 24-hour victim notification;
7. maintaining accurate and up-to-date information about victims (e.g. addresses, telephone numbers and contact instructions) on both hard copy documents and OMS;
8. ensuring the creation and maintenance of the Victim File Bank;
9. responding to victim inquiries and preparing correspondence to victims;
10. ensuring, as is reasonably possible, that victims are aware of their privacy and access to information entitlements as well as any limits to those entitlements;
11. assisting victims who are attending NPB hearings;
12. liaising, as required, with the NPB, National Headquarters, Regional Headquarters, other VLCs, and external agencies, police, courts, etc.;
13. providing the NPB with copies of all correspondence relating to victim contacts and sharing all relevant information with the Board to ensure consistency of service to victims;
14. providing ongoing direction to staff members in relation to victims' issues and services;
15. maintaining up-to-date documentation, in the appropriate files, of all actions and decisions taken regarding victim services; and
16. keeping up to date on community resources available to victims.

2. The Regional Victim Liaison Coordinators may be called upon from time to time to assist VLCs with any of the above responsibilities. As well, they are responsible for:

1. providing advice and assistance;
2. training and coordination of VLCs;
3. coordinating victim services with police, courts and the NPB;
4. providing regional input on national initiatives; and
5. maintaining quality assurance for victim services.

3. The Institutional Chief of Sentence Management is responsible for:

1. advising the VLC of impending offender movement such as transfers and releases; and
2. notifying the VLC of any changes in sentence calculation affecting eligibility dates.

4. The Chairpersons of Review Boards, such as unit boards, transfer boards, or temporary absence boards, are responsible for:

1. reviewing all cases presented to determine if approved victim notification is necessary; and
2. notifying the VLC immediately.

5. Each Parole Officer is responsible for:

1. notifying the VLC of changes in an offender's circumstances for which victim notification may be required (e.g. suspension, transfer, return to custody or change of location);
2. including relevant victim information as per section 23 of the CCRA in all reports used for decision-making on offenders, particularly those which concern community release; and
3. considering relevant victim information in risk assessment prior to recommending any release measure or special conditions to the NPB or Institutional Head.

6. The duty officer or officer in charge of the institution is responsible for notifying victims after hours when 24-hour notification is requested.

7. Victims should be advised that they are responsible to:

1. provide contact information that enables CSC or the NPB to reach them promptly;
2. notify CSC and/or the NPB of any changes in address and telephone number;
3. notify CSC and/or the NPB of any changes relating to the status of their agent(s);
4. identify what information they wish to receive and why; and
5. provide the VLC with the telephone number of the local police service they wish to have contact them if and when CSC is unable to reach them concerning an escaped or an unlawfully at large offender.

CSC AND NPB SHARED RESPONSIBILITY FOR VICTIMS

8. Either CSC or the NPB may verify that the applicant meets the legal definition and notify the applicant accordingly. When one agency approves an individual, the other agency will normally concur.

9. However, each agency will be responsible for determining the schedule and specific information for release.

10. When considering not disclosing information, CSC shall consult with NPB in an effort to arrive at a joint decision prior to notifying the victim. When there is no agreement, direction will be provided by the CSC office responsible for Victim Services at National Headquarters.

REGISTERING A PERSON AS A VICTIM

11. When an individual requests to be registered as a victim for the purposes of receiving information about an offender under section 26 of the CCRA, the delegated authority must confirm that the person meets the definition of victim under section 2 of the CCRA or is a person who would be entitled to receive the information under subsections 26(3) or (4) of the Act.

12. Various sources may be used to confirm the identity of the victim (e.g. trial transcripts, Crown/Judge's comments, Victim Impact Statements, police reports, Community Assessments, offender's criminal history and any other reports relevant to the conviction).

13. The agency (CSC or NPB) which receives the initial written request from a victim for offender information is responsible for processing the request and for forwarding a copy of the document to the victim liaison personnel of the other agency.

14. If a victim sends all the required information in a signed letter, the VLC does not need to have the person sign the form. The signed letter should be attached to the form which the VLC will complete and place on the Victim File.

15. When the first contact is by telephone, the VLC will:

1. complete with the victim, over the phone, an Information Request for Victims (form NPB/CNLC 0031);
2. forward a portion of the form to the victim for signature;
3. ensure that the portion of the form sent to the victim for signature has a covering letter explaining any terminology and providing any necessary contact information; and
4. ensure that the self-addressed stamped envelope provided to the victim is clearly marked "To be opened only by _________ (name of VLC)" to avoid misdirection of incoming mail from a victim.

16. The form will identify the offender and outline the information requested by the victim. It will be placed on the Victim File and copied to the NPB.

17. Whether dealing with the victim over the phone or through mailing him or her an information request form, the VLC must adequately explain:

1. the criteria that must be met for a victim to receive information;
2. the types of information about an offender that can be disclosed under the CCRA;
3. the entitlements of victims who meet the established criteria to receive information;
4. the meaning of certain forms of notification (e.g. 24-hour notification, temporary absences);
5. the process followed in the event that contact cannot be made;
6. the need to identify the police agency that should be contacted to inform the victim if CSC is unable to make contact in the event of an escape or an offender being unlawfully at large;
7. the limitations of the 24-hour notification process to the victim if he or she chooses to use an agent who is only available for contact during working hours;
8. that offender information cannot be left on answering machines and that, in those cases, the only message that should be left is to contact the VLC or duty officer; and
9. that offender information cannot be provided by electronic mail.

18. When an agent is identified, upon receipt of the victim's signed authorization and request, further requests sent by the agent do not require the victim's signature.

19. When an offender is readmitted to a CSC facility after receiving a new sentence following warrant expiry date or completion of a long-term supervision order, the VLC of that facility will retrieve any archived Victim Files and send a letter to the victim's last known address advising:

1. that the offender is back in custody;
2. that reactivation is not automatic; and
3. that the victim must indicate if he or she wishes to have his or her status reactivated.

DISCLOSING INFORMATION TO VICTIMS

20. Section 26 of the CCRA states that at the request of a victim of an offence committed by an offender, the Commissioner (or delegated authority):

1. shall disclose to the victim the following information about the offender:
   1. the offender's name,
   2. the offence of which the offender was convicted and the court that convicted the offender,
   3. the date of commencement and length of the sentence that the offender is serving, and
   4. eligibility dates and review dates applicable to the offender under this Act in respect of temporary absences or parole; and
2. may disclose to the victim any of the following information about the offender, where in the Commissioner's (or delegated authority's) opinion the interest of the victim in such disclosure clearly outweighs any invasion of the offender's privacy that could result from the disclosure:
   1. the offender's age,
   2. the location of the penitentiary in which the sentence is being served,
   3. the date, if any, on which the offender is to be released on temporary absence, work release, parole or statutory release,
   4. the date of any hearing for the purposes of a review under section 130,
   5. any of the conditions attached to the offender's temporary absence, work release, parole or statutory release,
   6. the destination of the offender on any temporary absence, work release, parole or statutory release, and whether the offender will be in the vicinity of the victim while travelling to that destination, and
   7. whether the offender is in custody and, if not, the reason why the offender is not in custody.

21. When a request is made for information relating to the location or identity change of an offender under the Witness Protection Program Act, it must be referred to the National Headquarters Director General responsible for victim services who will prepare a request from the Commissioner of Corrections to the Commissioner of the RCMP.

22. To meet administrative requirements, those with delegated authority may authorize specific individuals to actually communicate the information that has been approved for release to a victim. This authorization, and the rationale, will be recorded on the Victim File.

23. In exceptional cases, where information is communicated in the absence of the VLC, the person communicating the information will ensure that any information that he or she shares with a victim has been approved for disclosure by one of the persons having delegated authority.

24. When efforts to contact a victim fail, the VLC will:

1. keep mail returned as undeliverable on the Victim File; and
2. make an entry on OMS indicating "unsuccessful".

DISCRETIONARY DISCLOSURE OF INFORMATION

25. Delegated authorities must make determinations of discretionary disclosure of information on a case-by-case basis following an analysis of whether or not the interest of the victim in such disclosure clearly outweighs any invasion of the offender's privacy that could result from the disclosure. They shall justify their decisions and document the rationale.

26. Consistent with paragraph 10 of CD 784, in determining whether information should be released under paragraph 26(1)(b) of the CCRA, VLCs should assess the negative impact of the release upon an offender by considering information including:

1. the nature of the information;
2. the timeliness of the information;
3. the effect of disclosure on the offender and on others associated with the offender, such as family members or prospective employers, especially in relation to reintegration;
4. the potential use of the information;
5. the possible consequences of disclosure or non-disclosure; and
6. any other relevant factor which may affect the balance between the privacy rights of the offender and the interests of the victim.

27. In forming an opinion on whether the interest of the victim in such disclosure clearly outweighs the invasion of the offender's privacy, the VLC may seek direction from the regional VLC or the person responsible for victim services at National Headquarters.

28. In highly exceptional circumstances, discretionary information or other information could be disclosed to the victim pursuant to paragraph 8(2)( m ) of the Privacy Act, for example, when the victim is considered to be at risk from the offender. If this option is considered, direction must be sought from the National Headquarters office responsible for victim services, which will liaise with the Director of the Access to Information and Privacy Division, and ensure that the Commissioner, the Senior Deputy Commissioner or the Assistant Commissioner, Policy and Research reviews and signs off any such release.

VICTIM CONTACTS

29. All victim contacts will be documented on the Victim File.

30. Within CSC, the Information Request for Victims (form NPB/CNLC 0031) will be directed to the institution or parole office responsible for the offender.

31. On rare occasions, when it is deemed reasonable to respond to a victim's unwritten request for information, a note will be placed on the Victim File, indicating why the information is being provided without a written request.

GATHERING INFORMATION FROM A VICTIM

32. A Community Assessment may be completed with a victim for information gathering purposes in cases where essential information cannot be obtained using any other information gathering techniques. In this situation, there should be no personal identifier (i.e. name, address, telephone number).

33. The person conducting the Community Assessment will consult with the VLC prior to contacting the victim.

34. During the Community Assessment, the victim will be:

1. advised of the current limits to confidentiality when giving information for decision-making;
2. provided with up-to-date general information regarding his or her rights under the CCRA; and
3. provided with publicly available information and general information regarding CSC's mandate and role in the care and custody of offenders.

SENSITIVE PERSONAL INFORMATION ABOUT VICTIMS

35. When highly sensitive personal information concerning a victim is received (i.e. crime scene photographs, psychological reports, medical reports, etc.), the delegated authority should immediately review the material for its relevance for future decision-making.

SHARING VICTIM-RELATED INFORMATION WITH OFFENDERS

36. Victims who provide information about an offender will be advised that, if the information is used in a decision affecting an offender, it must be shared with the offender, unless the exceptions identified in subsections 27(3) and 141(4) of the CCRA apply.

37. If the victim asks that the information not be disclosed to the offender, the victim will be advised that it may not be legally possible to prevent disclosure of the information in a decision affecting the offender.

38. If the information has been determined to meet the criteria identified in subsection 27(3) of the CCRA, by the specified authority, it will be designated as Protected C and a Protected Information Report (form CSC/SCC 0426) (PIR) will be prepared and placed on the Victim File. A reference to the PIR should be the only information entered on OMS.

39. Offenders do not have the right to be notified when a victim requests or is provided with information about them. The offender need only be advised of information, or the gist of victim information, that was considered by a decision-maker in a decision related to the offender.

40. If a gist is provided to the offender, then the gist must be placed on the Case Management File (refer to CD 701 - Information Sharing on how to prepare a gist).

VICTIM NOTIFICATION

41. Normally, responsibility for victim notification will rest with the VLC but alternate delegated authorities which are identified in CD 784 - Information Sharing Between Victims and the Correctional Service of Canada can notify the victim when the VLC is not available.

42. For greater clarity, if disclosure is approved, victims may be notified when:

1. an apprehension and suspension warrant has been issued;
2. there is a change of jurisdiction in the supervision of the offender;
3. the offender is returned to, or released from, custody;
4. the offender is granted a travel permit.

AFTER-HOURS NOTIFICATION

43. If disclosure is approved, the officer in charge of the institution is responsible for notifying the victim for after-hours notification when the offender:

1. escapes from an institution;
2. is unlawfully at large from a temporary absence;
3. fails to return to the institution as required; or
4. has been granted an emergency temporary absence.

44. The officer in charge of the institution will advise the VLC as soon as possible if contact with the victim was not possible.

45. The officer in charge of the institution will document for the VLC all communications with the victim or attempts to contact the victim.

46. In the community, if disclosure is approved, the duty officer will notify the victim approved for 24-hour notification when:

1. suspension or apprehension warrants have been issued; or
2. the offender is returned to, or released from, custody.

47. In both the institution and the community:

1. the VLC is responsible for ensuring that the officer in charge or duty officer has an up-to-date list of offenders with victim 24 hour notification requirements;
2. this list shall NOT contain victims' names, telephone numbers and specifics related to notification;
3. the officer in charge or duty officer will obtain this information from either the OMS Victim Screens and/or the Victim Notification Alert Card (form CSC/SCC 1215) contained in the offender's Preventive Security File; and
4. if 24-hour or emergency notification is not required, the officer in charge or duty officer will contact the VLC the next working day. The VLC will notify the victim immediately thereafter.

48. The officer in charge or duty officer will inform the VLC as soon as possible, by any appropriate means (i.e. electronic mail, fax, memo or telephone call), of any victim notifications or unsuccessful attempts. Electronic mails and faxes will not include any personal victim information.

49. The VLC will record in OMS all 24-hour victim notifications made by the officer in charge or duty officer.

SPECIFIC NOTIFICATIONS

Release Decisions

50. The NPB is responsible for notifying victims of any NPB decision. The VLC is responsible, in the operational unit where the offender is physically located, for notifying victims of the dates of release and destination, where such disclosure has been approved and for providing contact names of VLCs for all actual releases.

51. The notification will be sent to the victim, in writing, at least three (3) working days in advance of the actual release.

52. If timeframes between decisions and actual releases are too short to ensure that the victim will receive written notification prior to the release, the notification will be done by phone.

53. The VLC is also responsible for informing the receiving parole office that victim notification is required in writing or by electronic mail, before the release of an offender on either day parole, full parole or statutory release.

Escorted Temporary Absences

54. Normally, victims are not notified of ETAs where a Correctional Officer escorts the offender. The delegated authority may, however, make an exception for ETAs escorted by Correctional Officers, if he or she forms the opinion that the interest of the victim in such disclosure clearly outweighs the invasion of the offender's privacy (e.g. a medical TA to a hospital where the victim is employed).

55. Provided disclosure is approved by the delegated authority, the victim may be notified of the times and duration for approved ETAs or changes to the approved ETA when an offender is granted an ETA.

Unescorted Temporary Absences, Work Releases and Travel Permits

56. When disclosure is approved, victims will be notified:

1. of the times and duration of the approved UTA, work release or travel permit, when the UTA, work release or travel permit is approved as well as each time the inmate leaves the institution on a single UTA and/or work release; or
2. whenever an offender in the community is granted a travel permit.

Escapes and Suspensions

57. The person issuing a warrant or cancellation for offenders who have escaped from an institution, who are at large from an ETA, UTA, work release or day parole or whose release has been suspended or cancelled, is responsible for advising the delegated authority.

58. The VLC, officer in charge or duty officer then notifies the victim.

59. Urgent notification of a victim should be done by phone. If the victim cannot be reached by phone, the VLC or other delegated authority will notify any police service named by the victim in OMS. All efforts to notify the victim must be documented.

60. When disclosure is approved, victims will also be informed when offenders are returned to custody following escapes, suspensions or unlawfully at large.

Transfers

61. Victims may be informed of the name of the penitentiary where the offender is located if authorized under subparagraph 26(1)( b )(ii) of the CCRA.

62. When a VLC decides to notify a victim of the current location of the offender, it should be done no earlier than the day of the transfer, or immediately afterwards.

63. The sending institution will be responsible for victim notification of offender transfers.

64. In cases of inmates transferring from a provincial to a federal facility, the VLC at the federal institution is responsible for notifying the victim of the transfer.

65. When an offender is transferred from a penitentiary to a provincial correctional facility, CSC may disclose to the victim the name of the province if authorized under subsection 26(2) of CCRA.

Section 810 Orders

66. When an offender is approaching warrant expiry and CSC has been advised that he or she will be subject to an order under section 810 of the Criminal Code, the delegated authority shall notify the victim of:

1. the warrant expiry date and the termination of CSC's supervision of the offender;
2. the existence of a section 810 order; and
3. the agency or individual to whom the offender will be reporting if this information is available.

67. For the purposes of future notifications, the delegated authority shall either directly refer the victim to the agency supervising the 810 order or provide the victim with contact information at the supervising agency.

Deportation of Offenders under CSC Jurisdiction

68. When disclosure is approved, the victim shall be notified by CSC when an offender is released into the custody of the Canada Border Services Agency (CBSA) at warrant expiry or any time prior to warrant expiry date.

RECORDS

69. OMS is an integral part of the victim identification/notification process. It is essential that the victim's address, telephone number and all pertinent victim identification and notification information be recorded in the victims' module of the OMS. It is also imperative that this be completed on a timely basis. This will ensure availability of current information and provide documentation that all notifications have been completed for accountability purposes.

FLAGGING FILES

70. Each operational unit will ensure that offenders' files, OMS and the most current Preventive Security File, are clearly and prominently marked when there is a requirement for victim information.

71. All correspondence from victims will be stamped "Victim Notification Information - Not to be shared with the offender" and placed on the Victim File.

CREATION OF THE VICTIM FILE BANK

72. All information relating to approval of victims and disclosures of information to victims will be maintained in the Victim File.

73. The Victim File will contain:

1. the victim's addresses, telephone numbers, and circumstances requiring notification;
2. copies of the Victim Impact Statements, if available;
3. a gist of any information relevant to risk assessment provided by the victim;
4. written statements/requests submitted directly to CSC or the NPB;
5. victim-related information that previously had been stored in the Case Management File; and
6. any printouts from the OMS "Information Disclosed to Victims" report. These will be kept on the top of the file with the most recent entry first.

74. If victim information has been designated as Protected C as a result of subsection 27(3) of the CCRA, the hard copy of the Victim File will also be designated Protected C.

75. The location of the Victim File will be determined at each site by the Institutional Head or Area Manager based on a threat and risk assessment.

76. The Victim File Bank will normally be kept in the institution where the offender is located or in the parole office responsible for supervising the offender's conditional release. However, in some temporary detention cases, where an offender is housed in a temporary detention unit, the parole office will maintain responsibility for the case. Therefore, victim notifications for release dates and other decisions will be the responsibility of the VLC in that parole office. In the event of an escape, victim notification is the responsibility of the operational unit where the offender was physically located.

77. In situations in the community where there is only one VLC for two or more parole offices, the Victim File Bank should be kept in the office where the VLC is located for the majority of his or her time.

VICTIM NOTIFICATION ALERT CARD

78. The Victim Notification Alert Card (form CSC/SCC 1215) indicates that the VLC has reviewed the case to determine if victim notification is required. This card will be placed and kept on the left-hand inside cover of the most current Preventive Security File to alert anyone working with the files that victim notification is required.

Assistant Commissioner,
Correctional Operations and Programs

Original signed by
Ross Toller

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