Commissioner's directive 100: Gender diverse offenders

Authorities

Purpose

To provide direction on procedural changes that reflect the Correctional Service of Canada’s (CSC’s) commitment to meeting the needs of its gender diverse offender population in ways that respect their human rights and ensure their safety and dignity as well as the safety of others in the institutions and community

Applications

Applies to all staff working with gender diverse offenders


Commissioner's Directive

Correctional Service Canada badge

Number: 100

In Effect: 2022-05-09

Related links

Contents

Responsibilities

  1. The Assistant Commissioner, Policy, in collaboration with internal and external partners, as required, will:
    1. provide a strategic leadership function with respect to the development of policies and practices that support CSC’s commitment to addressing the needs of gender diverse offenders
    2. lead and support research projects related to correctional programs and assessment tools for gender diverse offenders
    3. assist sectors in addressing new and emerging policy issues and trends with respect to gender diverse offenders, and in responding accordingly
    4. monitor trends and performance for the purpose of continuous improvement, decision-making, and implementation of best practices.
  2. The Assistant Commissioner, Correctional Operations and Programs, will:
    1. be the final decision-maker for penitentiary placements in a men’s institution and transfers from a women’s to a men’s institution, including men’s section 81 facilities and CSC’s Indigenous Healing Lodges for men
    2. ensure continued access to correctional interventions for gender diverse offenders.
  3. The Deputy Commissioner for Women will be the final decision-maker for penitentiary placements in women’s institutions and transfers to women’s institutions, including women’s section 81 facilities and CSC’s Indigenous Healing Lodges for women.
  4. The Assistant Commissioner, Human Resource Management, in collaboration with others as required, will:
    1. ensure that training on gender identity and expression is current and mandatory for all staff
    2. engage with relevant external stakeholders, including gender diversity advocacy groups, when developing and updating staff training material.
  5. The Assistant Commissioner, Corporate Services, will ensure:
    1. gender diverse offenders are provided with institutional clothing that better aligns with their gender identity or expression
    2. procurement mechanisms are in place to provide access to gender-specific personal property.
  6. The Assistant Commissioner, Health Services, in collaboration with others as required, will ensure:
    1. the provision of essential physical and mental health care to gender diverse offenders (including in the case of a gender-affirming surgery) is according to the National Essential Health Services Framework, developed in accordance with the most recent edition of the World Professional Association for Transgender Health Standards of Care
    2. health services staff are aware of and follow the World Professional Association for Transgender Health Standards of Care
    3. continuity of care for gender diverse offenders, further to penitentiary placement and/or transfers, including in section 81 facilities and CSC’s Indigenous Healing Lodges.
  7. The Regional Deputy Commissioner will:
    1. determine the type of intake site (men’s or women’s) gender diverse offenders are assigned to if CSC has sufficient information to assess the offender’s risks and needs and a case conference per Annex B occurred
    2. participate in case conferences related to penitentiary placements and transfers of gender diverse offenders, as required
    3. in collaboration with Institutional Heads and District Directors, and others as required, create opportunities to promote awareness among staff and offenders on the human rights and needs of gender diverse offenders.
  8. The Institutional Head/District Director will:
    1. ensure a process is in place for the development, consistent use and adherence to the terms of individualized protocols
    2. ensure that a case conference per Annex B occurs between the sending and receiving institutions, for penitentiary placements and transfer requests of gender diverse offenders
    3. participate in case conferences related to penitentiary placements and transfers of gender diverse offenders, as required
    4. ensure offenders have access to external resources and networks that are respectful and reflective of gender diversity
    5. foster behaviours and practices among staff and offenders that promote a safe and inclusive environment in institutions, including Community Correctional Centres
    6. foster an environment where 2SLGBTQI+ inclusive activities, services and interventions can take place and allow offenders to form 2SLGBTQI+ associations or committees that will meet their needs and interests.
  9. The Parole Officer will:
    1. complete the Preliminary Assessment in accordance with CD 705 1 – Preliminary Assessments and Post-Sentence Community Assessments
    2. update the Correctional Plan per the requirements set out in CD 710 1 – Progress Against the Correctional Plan, when the Gender Considerations Need is activated in the Offender Management System (OMS)
    3. assist offenders in their request to complete legal name changes
    4. activate the Gender Considerations Need in OMS if the offender, while on conditional release, requests one or more gender-related accommodations, and complete the applicable sections in the individualized protocol, in collaboration with the offender
    5. provide confirmation to the Sentence Management Officer following an offender’s gender-affirming surgery involving a change to their genitalia
    6. liaise with the community Parole Officer to ensure the offender is provided with continuity of service, including gender-related services
    7. ensure necessary referrals are completed to address needs, including gender-related needs, and to facilitate the offender's transition to the community
    8. ensure that an offender’s gender-related needs are considered and addressed as part of the pre-release decision-making process and when reviewing the Community Strategy (e.g., referral to a Community Correctional Centre/Community-Based Residential Facility).
  10. Staff completing the Immediate Needs Identification Interview will activate the Gender Considerations Need in OMS if the offender requests at least one gender-related accommodation, as well as complete the individual protocol sections in collaboration with the offender, and immediately advise the Correctional Manager for finalization.
  11. The Correctional Manager will activate the Gender Considerations Need in OMS if the offender requests at least one gender-related accommodation, at any time during their sentence, and will complete and finalize an individualized protocol in collaboration with the offender.
  12. The Parole Officer Supervisor is the final decision-maker for individualized protocols when the community Parole Officer does not support the accommodation requested by the offender in one or more sections of the individualized protocol.
  13. The Assistant Warden, Operations, is the final decision-maker for individualized protocols when the Correctional Manager does not support at least one gender-related accommodation requested by the offender.
  14. Following confirmation of gender-affirming surgery involving a change to genitalia, the Sentence Management Officer will update the offender’s sex in OMS, in accordance with CD 703 – Sentence Management.
  15. Any staff member, volunteer or contractor to whom an offender discloses their gender-related accommodation needs must advise the offender to notify the Correctional Manager or the community Parole Officer.
  16. All staff will report any behaviour that is disrespectful or discriminatory as outlined in CD 001 – Mission, Values and Ethics Framework of the Correctional Service of Canada and CD 060 – Code of Discipline.
  17. All staff members whose duties require them to be aware of the existence of an offender’s individualized protocol are required to abide by its provisions.

Procedures

  1. Policy provisions and procedures that apply to men’s institutions continue to apply to all offenders residing in those institutions, unless otherwise indicated in this policy.
  2. Policy provisions and procedures that apply to women’s institutions continue to apply to all offenders residing in those institutions, unless otherwise indicated in this policy.

Flag, Need and the Gender Considerations Screen in OMS

  1. When the community Parole Officer completes the Preliminary Assessment in OMS, and the offender has indicated they are gender diverse, the community Parole Officer will check the “Any offender identified gender considerations?” field and the Gender Identity and Expression flag in OMS will automatically be activated.
  2. During the Immediate Needs Admission Interview, if the offender requests one or more gender related accommodations, the staff completing the interview will activate the Gender Considerations Need in OMS and complete the individualized protocol sections, as identified in Annex C, in collaboration with the offender. The Correctional Manager will then be advised of such for finalizing purposes.
  3. After activating the Gender Considerations Need in OMS, during the Immediate Needs Interview or at any point during an offender’s sentence, the individualized protocol will be completed by staff activating the need and finalized by the Correctional Manager within 24 hours or by the community Parole Officer within one working day.
  4. If a Gender Considerations Need is already active in OMS upon a readmission, transfer or conditional release, the Correctional Manager or community Parole Officer will review the existing individualized protocol with the offender and update it, if required.
  5. Upon conditional release, during the initial interview with the community Parole Officer, if the offender requests one or more gender-related accommodations, the community Parole Officer will activate the Gender Considerations Need in OMS and complete the individualized protocol sections in collaboration with the offender.
  6. At any time during an offender’s sentence, if the offender requests one or more gender related accommodations, the Correctional Manager or the community Parole Officer (when the offender is on conditional release) will complete the individualized protocol in the Immediate Needs – Gender Considerations screen in OMS. The individualized protocol will be updated throughout the offender’s sentence, as needed.
  7. The Correctional Manager or community Parole Officer will:
    1. ensure the individualized protocol is developed in collaboration with the offender and reflects their gender-related needs
    2. update the individualized protocol as required
    3. end the individualized protocol when the offender indicates that there is no longer a need for gender-related accommodation
    4. ensure that the initial and updated versions of the individualized protocol are signed by the offender and placed on their Case Management file. A copy will be provided to the offender.
  8. In cases where the Correctional Manager or the community Parole Officer does not approve a requested accommodation in the individualized protocol, the Assistant Warden, Operations, or the Parole Officer Supervisor will make the final decision and finalize the individualized protocol within three business days, following a discussion with the offender. The Assistant Warden, Operations, or the Parole Officer Supervisor will also ensure that the rationale to approve or deny the accommodation is documented under the applicable section of the individualized protocol.
  9. When the conditions resulting in the denial of accommodation in the individualized protocol change, the request will be reviewed and the individualized protocol will be updated, as needed, within the timeframe specified above.
  10. Staff of the chosen gender, as specified in the offender’s individualized protocol, will conduct the security procedures, as identified in Annex C. Exceptions may only be tolerated in emergency situations, where an accommodation would create an overriding health or safety concern that cannot be resolved. This will be recorded in accordance with CD 568 2 – Recording and Sharing of Security Information and Intelligence.
  11. When an offender requests new gender-related accommodations during a security procedure:
    1. staff will verify if the offender has an individualized protocol in OMS, abide by its provisions or make required updates to the applicable sections prior to proceeding
    2. if the offender does not have an existing individualized protocol, staff will activate the Gender Considerations Need in OMS and complete the individualized protocol sections prior to proceeding. The individualized protocol will be finalized by the responsible staff in OMS without delay
    3. the individualized protocol will be signed by the offender without delay, and placed on their Case Management file. A copy will be provided to the offender
    4. when it is not possible to complete every section of the individualized protocol prior to the procedure, only the relevant section must be completed and others will indicate “no preferences”. A full individualized protocol will be completed and finalized by the responsible staff per applicable timeframe.

Intake

  1. Prior to admission, staff will ensure that newly sentenced gender diverse offenders are provided with an opportunity to indicate if they have a preferred institution type (men’s or women’s). Should CSC have sufficient information to assess the offender’s risks and needs, a case conference per Annex B will occur, without delay, to determine the type of intake site. In cases where CSC cannot assess the offender’s risks and needs, the intake site for initial assessment will be based on their current sex.
  2. A summary of this case conference will later be recorded in the Assessment for Decision for the offender’s security level and penitentiary placement.
  3. Gender diverse offenders returning to federal custody from the community will be sent to the institution type (men’s or women’s) that better aligns with their gender identity or expression, if that is their preference, unless there are overriding health or safety concerns that cannot be resolved. In such situations, a case conference per Annex B will be held without delay to determine the most appropriate institution type.
  4. A summary of this case conference will be recorded in the Assessment for Decision for the offender’s security level and penitentiary placement, where applicable.

Intake Assessment Process

  1. The intake assessment process is completed per policy, and the type of assessment tools and supplementary assessment tools that are administered should accord with the type of intake institution where the offender is residing (i.e., men’s or women’s).
  2. After completing the intake assessment process, offenders will be placed according to their gender identity or expression in a men’s or a women’s institution, if that is their preference, regardless of their sex (i.e., anatomy) or the gender/sex marker on their identification documents. In the event there are overriding health or safety concerns that cannot be resolved, the offender will be placed in a site that better aligns with their current sex (i.e., anatomy).
  3. When a gender diverse offender requests a penitentiary placement in an institution that does not align with their current sex:
    1. the offender will be provided with an opportunity to speak with a staff member from the potential receiving site to ask questions
    2. the offender will be consulted and involved in the decision-making process. This will be documented in the Assessment for Decision
    3. a case conference per Annex B will occur without delay and the results of the case conference will be documented in the Assessment for Decision.
  4. Upon completion of the Assessment for Decision for the offender’s security level and penitentiary placement, the offender will be given a copy of the report, and an opportunity to provide written or oral representation on the recommendation within two working days. The decision-maker will consider the offender’s input, if any, prior to rendering their decision.
  5. The Institutional Head of the intake institution, in consultation with the Regional Deputy Commissioner, as applicable, will forward the penitentiary placement and offender’s security level recommendations for final decision-making to the Assistant Commissioner, Correctional Operations and Programs, (for requests to a men’s institution) or the Deputy Commissioner for Women (for requests to a women’s institution).

Voluntary and Involuntary Transfers

  1. Throughout their sentence, offenders may apply for a voluntary transfer to a men’s or a women’s institution according to their gender identity or expression.
  2. The voluntary and involuntary transfer processes will be completed per CD 710 2 – Transfer of Inmates and GL 710 2 3 – Inmate Transfer Processes.
  3. All transfer requests to a different institution type (i.e., men’s to women’s or vice versa) are assessed on a case-by-case basis and require an Assessment for Decision that includes a security classification review and a transfer recommendation. The Assessment for Decision will also document the results of the Security Reclassification Scale (SRS)/Security Reclassification Scale for Women (SRSW) and identify any health or safety concerns (including mitigation strategies and accommodation measures considered at both sites, and why these measures were accepted or rejected and deemed sufficient or insufficient).
  4. The Assessment for Decision is written by the Parole Officer/Primary Worker at the sending institution.
  5. For offenders applying to transfer to a women’s institution, the Primary Worker at the receiving institution will complete the SRSW. For offenders applying to transfer to a men’s institution, the Parole Officer at the receiving institution will complete the SRS.
  6. The sending institution will hold a case conference per Annex B, without delay, and incorporate the receiving institution’s comments (including any dissenting opinions) in the Assessment for Decision.
  7. When an offender submits a gender-related request for a transfer, they will be provided with an opportunity to speak with a staff member from the potential receiving site to ask questions, without delay.
  8. The offender will be consulted and involved in the decision-making process. This will be documented in the Assessment for Decision.
  9. The offender will be given a copy of the Assessment for Decision. If a recommendation is made to change the security level or if the recommendation does not support the transfer, the offender will be provided with an opportunity to submit written representations before a final decision is made.
  10. In the event the request is denied or the offender withdraws their application, their security classification will remain unchanged and will not be impacted by the results of the SRS/SRSW, which might have changed their security classification.
  11. Should the offender disagree with the transfer or the security-level decision associated with the transfer request, they may submit a high priority grievance to the national level.
  12. The Institutional Head of the sending institution, in consultation with the Regional Deputy Commissioner, as applicable, will forward the transfer recommendation for final decision-making to the Assistant Commissioner, Correctional Operations and Programs, (for requests to a men’s institution) or the Deputy Commissioner for Women (for requests to a women’s institution).

Other Gender-Informed Measures

  1. When gender diverse offenders request access to private showers or toilets, measures to ensure safety and privacy will be provided and documented in the appropriate section of the individualized protocol.
  2. The needs of gender diverse offenders will be considered as a vulnerability risk component in the completion of the Double-Bunking Cell Placement Assessment per CD 550 – Inmate Accommodation.
  3. All gender diverse offenders will be provided with institutional clothing per CD 352 – Inmate Clothing Entitlements, in accordance with the type of institution (men’s or women’s) and the applicable institutional dress code where they reside, while respecting their gender expression (cut and size), if that is their preference.
  4. All offenders, including gender diverse offenders, may purchase effects (men’s or women’s) from the National Supply Catalogue, regardless of the type of institution (men’s or women’s) where they reside. The Institutional Head may approve with restrictions, or deny an item, per CD 566 12 – Personal Property of Offenders. In both instances, the Institutional Head must document a rationale for their decision and share it with the offender.
  5. Following a first transfer to a different type of institution (men’s or women’s), an offender is entitled once, within 30 days of admission, to replace personal property items received from outside sources, in accordance with the processes for admissions and readmissions in CD 566 12 – Personal Property of Offenders.
  6. Offenders may purchase canteen items in accordance with their gender identity or expression.

Collection, Display and Sharing of Gender and Sex Information

  1. Steps must be taken to maximize the privacy and confidentiality of any information related to an offender’s gender identity or expression. This information will only be shared within CSC with those directly involved with the offender’s care and only when relevant, unless otherwise agreed to by the offender.
  2. With respect to the sharing of information with external parties that are not directly involved in the care or supervision of the offender, refer to CD 701 – Information Sharing.
  3. Any discussions with the offender or among staff that touch on an offender’s gender identity or expression must occur privately, out of hearing range of anyone else that does not have a need to know.
  4. An offender’s sex code in OMS will not change unless the offender undergoes gender-affirming surgery involving a change to their genitalia.
  5. In all written documentation (including name tags and other CSC-issued identification) and oral communications, whenever an offender’s name is mentioned, staff will use the offender’s chosen first or middle name(s) and chosen pronoun(s), in accordance with the individualized protocol. The full legal name, as recognized by Sentence Management, will only be used exclusively when legally required (e.g., suspension warrant) or as produced in CSC’s header information.

Enquiries

  1. Strategic Policy Division
    National Headquarters
    Email: Gen-NHQPolicy-Politiques@CSC-SCC.gc.ca

Commissioner,

Original signed by:
Anne Kelly

Annex A

 

Cross-References and Definitions

Cross-References

Definitions

Case conference: a formal meeting, consultation, or discussion about an inmate between two or more individuals. For additional information, please refer to Annex B.

Gender: a system that operates in a social context to classify people, often based on their assigned sex. In many contexts, this takes the form of a binary classification of either “man” or “woman”; in other contexts, this includes a broader spectrum.

*According to Statistics Canada, gender refers to the gender that a person internally feels (“gender identity” along the gender spectrum) and/or the gender a person publicly expresses (“gender expression”) in their daily life, including at work, while shopping or accessing other services, in their housing environment or in the broader community. A person's current gender may differ from the sex the person was assigned at birth (male or female) and may differ from what is indicated on their current legal documents. A person's gender may change over time.

Gender diverse: an umbrella term for gender identities or gender expressions that differ from dominant cultural or societal expectations based on sex assigned at birth, which encompasses all gender identities (e.g., non-binary, transgender, two-spirited, etc.).

*Other common terms associated with the term gender diverse are gender variant and gender non-conforming. Someone who is gender diverse may or may not also identify as transgender.

Gender expression: the way gender is presented and communicated to the world through clothing, speech, body language, hairstyle, voice and/or the emphasis or de-emphasis of body characteristics and behaviours.

Gender identity: a person’s internal and individual experience of gender.

*Gender identity is not necessarily visible to others and it may or may not align with what society expects based on assigned sex. A person’s relationship to their own gender is not always fixed and can change over time.

Individualized protocol: refers to the Immediate Needs Indicators – Gender Considerations screen in OMS. The individualized protocol records an offender’s gender-related accommodation information, such as an offender’s chosen first and middle name(s), chosen pronoun(s), institution type preference (men’s or women’s), and the gender of staff (man or woman) who will complete security operational procedures.

Overriding health or safety concern: matters, substantiated through evidence or information, which would jeopardize the health or safety of the gender diverse offender, other offenders, staff, or members of the public.

Sex: the biological classification of a person as female, male or intersex. It is usually assigned at birth based on a visual assessment of external anatomy. Sex is primarily associated with physical and physiological features, including chromosomes, gene expression, hormone levels and function, and reproductive/sexual anatomy. For the purpose of this CD, the “sex” of an offender is determined solely by their current genitalia. 

Annex B
Case Conferences

Case conferences are an integral part of case management. When working with gender diverse offenders, case conferences allow staff to discuss and obtain an understanding of the offender’s criminal pathway, risk and needs. These conferences assist staff in making informed decisions concerning offenders’ gender-related needs, and will ensure progress towards rehabilitation and reintegration into the community.

Case conferences will occur without delay to comply with policy timeframes and will involve regional and national management.

The Institutional Head/District Director or their delegates will provide participants with:

Case Conference Composition

Elements to Discuss During the Case Conference

In situations where a case conference is required to determine the intake site for an offender, including offenders returning to federal custody requesting to go to an institution type that better aligns with their gender, the following elements will be discussed, as applicable, during the case conference and be included in the appropriate section of the Assessment for Decision:

For an exhaustive list of elements to be considered during the case conference when determining potential health and safety risks, the reader is referred to the Decision-Making Guide – Gender Diverse Offenders. Any other health or safety concerns will be addressed during the case conference and documented as required in the Assessment for Decision.

Case Conference for Offenders Returning to Federal Custody

A case conference will be held for offenders returning to federal custody who request to go to an institution type that better aligns with their gender, where:

Annex C
Immediate Needs – Gender Considerations (Individualized Protocol) – Report Outline

The individualized protocol will be carried out with respect for human dignity and in accordance with CSC values and the Standards of Professional Conduct.

Menu Drop down menus or data entry
1. Version The number of versions is indicated
2. Date of Gender Considerations Need Activation date of the Gender Considerations Need is indicated
3. Gender Consideration History Consult previous versions and amendments to the offender’s individualized protocol
4. Reason for Assessment
  • Admission to reception institution
  • Arrival to institution – transfer
  • End gender considerations
  • Offender initiated
  • Other
  • Post admission
  • Return from court
  • Staff amendments
Comment: Provide additional information
5. Gender
  • Man
  • Women
  • Non-binary
Comment: Specify the offender’s gender identity
6. Use Chosen Name(s)
  • Yes
  • No
Comment: Specify the offender’s current chosen name
7. Chosen Pronouns
  • He/Him/His/Himself
  • She/Her/Hers/Herself
  • They/Them/Their(s)/Themself
  • Other
Comment: Specify the offender’s chosen pronouns
8. Strip Search Protocol
  • No-preference
  • One-tier
  • Two-tier

Top/Bottom Strip Search
(When the one-tier strip search is selected, indicate the gender of staff who will search the top and the bottom)

  • Man
  • Woman
  • No preference
Response
  • Approved
  • Not approved
Comment: Provide relevant information and/or the rational for “Not approved”

9. Top Strip Search
(When the two-tier strip search is selected, indicate the gender of staff who will search the top)

  • Man
  • Woman
  • No preference
Response
  • Approved
  • Not approved
Comment: Provide relevant information and/or the rational for “Not approved”

10. Bottom Strip Search
(When the two-tier strip search is selected, indicate the gender of staff who will search the bottom)

  • Man
  • Woman
  • No preference
Response
  • Approved
  • Not approved
Comment: Provide relevant information and/or the rational for “Not approved”
11. Frisk Search Protocol
  • No-preference
  • One-tier
  • Two-tier

Top/Bottom Frisk Search
(When the one-tier frisk search is selected, indicate the gender of staff who will search the top and the bottom)

  • Man
  • Woman
  • No preference
Response
  • Approved
  • Not approved
Comment: Provide relevant information and/or the rational for “Not approved”

12. Top Frisk Search
(When the two-tier frisk search is selected, indicate the gender of staff who will search the top)

  • Man
  • Woman
  • No preference
Response
  • Approved
  • Not approved
Comment: Provide relevant information and/or the rational for “Not approved”

13. Bottom Frisk Search
(When the two-tier frisk search is selected, indicate the gender of staff who will search the bottom)

  • Man
  • Woman
  • No preference
Response
  • Approved
  • Not approved
Comment: Provide relevant information and/or the rational for “Not approved”
14. Urinalysis Protocol
  • Man
  • Woman
  • No preference
Response
  • Approved
  • Not approved
Comment: Provide relevant information and/or the rational for “Not approved”
15. Access to private and safe showers and/or toilets as applicable Enter comments pertaining to access to private and safe showers and/or toilets
16. Observation Protocol (including camera surveillance)
  • Man
  • Woman
  • No preference
Response
  • Approved
  • Not approved
Comment: Provide relevant information and/or the rational for “Not approved”
17. Decontamination Showers Protocol
  • Man
  • Woman
  • No preference
Response
  • Approved
  • Not approved
Comment: Provide relevant information and/or the rational for “Not approved”
18. Voluntary Nudity Protocol
  • Man
  • Woman
  • No preference
Response
  • Approved
  • Not approved
Comment: Provide relevant information and/or the rational for “Not approved”
19. Medical Escort Protocol
  • Man
  • Woman
  • No preference
Response
  • Approved
  • Not approved
Comment: Provide relevant information and/or the rational for “Not approved”

20. Type of Facility Requested
Indicate requested type of institution

  • Men’s
  • Women’s
Comment: Provide relevant information and/or the rational for “Not approved”
21. Finalized
  • Yes
  • No
Finalized by Select personnel code from the lookup table
Finalized date Select the date the individualized protocol is finalized

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