COMMISSIONER'S DIRECTIVE

INFORMATION SHARING BETWEEN VICTIMS AND THE CORRECTIONAL SERVICE OF CANADA

Policy Bulletin 212

POLICY OBJECTIVES

1. To contribute to public safety through information exchange, by ensuring that information provided by victims is considered in CSC decision-making processes and that specific information about an offender is shared with victims in accordance with the law.

2. To delegate responsibility for liaison with victims to ensure they are properly served in respect of their requests for information concerning offenders, and that the information disclosed to them meets legislative requirements.

AUTHORITIES

3. Corrections and Conditional Release Act , subsection 2(1) and sections 2.1 , 23 , 26 , 27 and  142

Corrections and Conditional Release Regulations , section 5

Privacy Act

Access to Information Act

Witness Protection Program Act

Criminal Code

CROSS-REFERENCES

4. Commissioner's Directive 568-1 - Recording and Reporting of Security Incidents

Guidelines 784-1 - Information Sharing between Victims and the Correctional Service of Canada

Commissioner's Directive 701 - Information Sharing

Commissioner's Directive 705-2 - Information Collection

Commissioner's Directive 705-1 - Preliminary Assessments and Post-Sentence Community Assessments

Commissioner's Directive 705-6 - Correctional Planning and Criminal Profile

Commissioner's Directive 712-3 - National Parole Board Hearings

Standard Operating Practices 700-11 - Community Relations

Commissioner's Directive 710-6 - Review of Offender Security Classification

Access to Information and Privacy Compliance Manual

National Parole Board Policy and Procedures Manual

Treasury Board Policy on Privacy and Data Protection

Canadian Statement of Basic Principles of Justice for Victims of Crime

DEFINITIONS

5. Victim: as defined in section 2 and subsections  26(3), 26(4) and 142(3) of the CCRA. These definitions include the direct victim and any other person harmed as a result of the actions of the offender during the crime. They apply to the offender's current and past offences. CSC employees and offenders may register as a victim and may receive victim notification. The CCRA does not make any distinction between a Canadian victim and a foreign victim.

6. Agent (or victim representative): an individual who is authorized, in writing, by the victim to act on his or her behalf.

7. Victim File: the CSC file, both in hard copy and on the Offender Management System (OMS), where victim-related information is stored so that it can be protected from inappropriate disclosure.

8. Release types: releases identified in subparagraphs  26(1) (b )(iii), (v) and (vi) of the CCRA. Long-term supervision orders are also included as per section 2.1 of the CCRA.

9. Section 810 peace bonds: preventative court orders requiring an individual to agree to specific conditions to keep the peace. These instruments are available to police to protect the public before a criminal offence has been committed.

PRINCIPLES

10. CSC recognizes that all victims of crime have a legitimate and significant interest in receiving information about the offender who has harmed them, consistent with section 26 of the CCRA.

11. Throughout the offender's sentence, the Service as reasonably possible and within legal parameters, will ensure that the victim is made aware of his or her entitlements:

1. to receive information about the offender responsible for the crime committed against them, in a professional, sensitive and timely fashion;
2. to be advised if and when the offender returns to federal custody;
3. to determine if and, within reason, how they will receive information, to which they are entitled about the offender and the correctional system (i.e. phone call and/or registered letter); and
4. to voice their concerns about the information and services provided to them by CSC.

12. The security, safety and privacy of victims and offenders will be respected and considered by CSC whenever information is shared. Information provided to victims is intended to contribute to their sense of safety.

13. To the extent possible, CSC and the National Parole Board (NPB) will ensure consistent information sharing practices. All existing risk-relevant information provided by the victim as well as the Victim Impact Statement will be considered in case management and release decisions.

RESPONSIBILITIES

14. The Assistant Commissioner, Correctional Operations and Programs, is responsible for the functional coordination of services to victims.

15. Regional Deputy Commissioners, Institutional Heads, District Directors and Healing Lodge Directors are responsible for the implementation of this policy and the accompanying guidelines.

16. In accordance with subsection 5(2) of the CCRR, staff members occupying the following positions who are assigned responsibility for liaison with victims may exercise the powers, perform the duties or carry out the functions that are assigned to the Commissioner by section 26 of the CCRA.

National Headquarters

a. Assistant Commissioner, Correctional Operations and Programs
b. Director General, Chaplaincy / Restorative Justice and Dispute Resolution Branch

Regional Headquarters

c. Regional Deputy Commissioner
d. Regional Victim Liaison Coordinator (person responsible for victims' issues at the Regional Headquarters)

Institution

e. Institutional Head
f. Officer in charge of the institution (for after-hours notification only)
g. Victim Liaison Coordinator of the institution (person responsible for coordinating victim issues in the institution)

Community

h. District Director
i. Victim Liaison Coordinator (person responsible for coordinating victim issues in the community)
j. Duty officer (for after-hours notification only)

CSC/NPB Shared Services Unit

k. Victim Liaison Coordinator (CSC employee responsible for coordinating victim issues at the unit)

17. Those with delegated authority, as per paragraph 16 above, cannot sub-delegate to any other person the authority to decide which information can be communicated to a victim.

IDENTIFYING AND REGISTERING A PERSON AS A VICTIM

18. Victims requesting information about an offender must satisfy the CCRA definition of a victim.

19. Absent exceptional circumstances, the victim must submit a written request to obtain information about an offender.

20. A victim who requests an agent to represent him or her must provide a written authorization to the CSC or NPB. An agent designated by a victim is entitled to receive the same information under this policy as the victim is entitled to receive directly.

21. All written victim requests for information and any contacts with a victim will be documented and retained in the Victim File.

DISCLOSURE OF INFORMATION

22. Sections 26 and 142 of the CCRA specify the types of information that the Commissioner, NPB Chairperson or delegates can disclose to victims.

23. Two types of information can be disclosed, discretionary and mandatory. Different rules govern the disclosure of each type with regard to who may determine what information is disclosed and who may actually communicate that information to the victim.

24. Those with delegated authority under paragraph 16 of this CD will determine discretionary disclosures 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.

25. Decisions relating to the disclosure of the identity or location of an offender protected under the Witness Protection Program Act can only be made by the RCMP. Additionally, the Regional Deputy Commissioner will implement mechanisms or protocols to ensure compliance with the requirements of provincial and municipal legislation or programs pertaining to witness protection and the disclosure of information relating to them.

SHARING VICTIM-RELATED INFORMATION WITH OFFENDERS

26. When providing information to CSC, victims will be advised that any information used in a decision affecting an offender, or a gist thereof, will be shared with the offender.

27. Only the Institutional Head or the District Director may exercise the Commissioner's authority to withhold from the offender information that has been provided by a victim and used in decision-making, pursuant to subsection 27(3) of the CCRA.

28. Offenders shall not to be notified that a victim has requested or is being provided with information about them, nor is this information to be included in case management reports on offenders.

29. The victim's previous or current addresses, contact information, and any name changes shall not be shared with the offender.

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

VICTIM NOTIFICATION ALERT CARD

31. Where victim notification is required, a Victim Notification Alert Card (form CSC/SCC 1215) will be placed on the left-hand inside cover of the most current Preventive Security File.

JURISDICTIONS

32. Provincial offenders incarcerated in federal institutions or under federal supervision are subject to the CCRA and victims notification is in accordance with its provisions.

33. Federal offenders incarcerated in provincial facilities are subject to the policies and procedures of the province in which they are incarcerated for purposes of information sharing with victims.

34. Offenders under long-term supervision orders (LTSO) remain under CSC's jurisdiction and are therefore subject to information sharing with victims until the end date of the LTSO.

35. Offenders covered by agreements under section 81 or 84 of the CCRA remain subject to these policies and procedures.

Commissioner,

Original signed by
Keith Coulter

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