Commissioner's directive 568-9: Management of human sources

• Corrections and Conditional Release Act (CCRA), sections 23, 24, 25, 26 and 27
• Access to Information Act
• Privacy Act
• Canada Evidence Act, section 37

To ensure the protection of any information that could identify an offender as a human source or compromise the safety of any individual

Applies to all staff involved with the management of human sources

1. The Director General, Security, will:
1. develop policies and procedures for the management of human sources
2. inform the Commissioner, the Assistant Commissioner, Correctional Operations and Programs, and other managers and stakeholders with a need to know of security issues or potential threats
3. oversee procedural processes and systems used for the management of human sources
4. develop and maintain a human source management protocol where unique file numbers are supplied to regions for assignment to individual human sources
5. ensure liaison and consultation with outside criminal justice partners on various issues related to the management of human sources.
2. The Assistant Deputy Commissioner, Correctional Operations, will:
1. oversee the management of human sources for the region
2. maintain the regional human source registry and assign registration numbers upon request.
3. The Institutional Head/District Director will:
1. ensure that processes related to the management of human sources are adhered to
2. ensure that all information relevant to decision making by the Parole Board of Canada is provided to the Board and includes all the necessary safeguards.
4. The Deputy Warden/Associate District Director will supervise all security intelligence activities and ensure the sound management of human sources.
5. The Security Intelligence Officer is responsible for the operational management of human sources, including:
1. the identification and management of individual human sources
2. requesting, from the region, numbers for the registration of human sources
3. the protection of any information that could identify any offender as a human source or compromise the safety of other individuals
4. sharing information with authorized persons who have a need to know
5. the control and dissemination of any information provided by a registered human source
6. informing the Assistant Deputy Commissioner, Correctional Operations, of the transfer of a human source between institutions and between parole offices when the offender is on conditional release.

6. The Institutional Head/District Director will be given access to information provided by a human source.

7. Not all offenders who offer information will be registered as human sources. The decision to register an individual as a human source will be made by the Security Intelligence Officer after the following factors have been considered:
1. the value and reliability of the information offered
2. the anticipated period of time over which the individual will be providing information
3. the potential value of the information to other law enforcement agencies
4. the need to protect the identity of the potential human source.
8. All registered human sources will be assigned a human source number.

9. An offender must provide informed consent before becoming a registered human source. In order to assist in the understanding of informed consent, the Security Intelligence Officer will advise the offender of the following:
1. absolutely no special considerations or benefits will be granted to an offender from CSC, or any of its staff, as a result of him/her being a human source
2. decisions related to his/her case will only be made based on CSC policy and procedures.

10. The Security Intelligence Officer will document all information given by a human source. Once the information has been processed and the reliability confirmed, it will be assigned a reliability code pursuant to CD 568-2 - Recording and Sharing of Security Information and Intelligence and documented in an Intelligence Observation Report (CSC/SCC 1445).
11. A federal offender must not be used as an agent source by a CSC staff member.
12. Any information contained in any correspondence, report or other document, either written or electronic, that has the potential to identify an offender as a human source or to compromise the safety of individuals must be classified, at a minimum, as “Protected C”.
13. When a human source is transferred between regions, institutions and/or parole offices, his/her entire file (including his/her human source information and his/her identifier) will be transferred to the Assistant Deputy Commissioner, Correctional Operations, of the receiving region.
14. All accesses to these files will be by authorized individuals who have an identified need to know, in the form of a gist. All accesses to these files will be logged.

15. When a law enforcement agency makes a request to CSC to use an offender as a human source, the person receiving the request must advise the Institutional/Community Security Intelligence Officer, who will in turn report this information to his/her respective Regional Senior Project Manager, Intelligence.
16. The Regional Administrator, Security, will advise the Assistant Deputy Commissioner, Correctional Operations, who will communicate this information to the Director, Preventive Security and Intelligence, in a timely manner.
17. A law enforcement agency’s use of a CSC offender as a human source requires the written consent of the Director General, Security.
18. In cases where an external law enforcement agency is using an offender under CSC jurisdiction as a human source, the Security Intelligence Officer is required to confirm the status of this relationship once every 12 months. This information is to be documented in an Intelligence Observation Report (CSC/SCC 1445).
19. An external law enforcement agency is not legally obligated to confirm the use of a CSC offender as a human source. In circumstances where the confirmation request is refused, the Security Intelligence Officer is required to document this information in an Intelligence Observation Report (CSC/SCC 1445).

20. Strategic Policy Division
    National Headquarters
    Email: Gen-NHQPolicy-Politi@CSC-SCC.GC.CA

Commissioner,

Original signed by:

Don Head

CD 568 - Management of Security Information and Intelligence
CD 568-2 - Recording and Sharing of Security Information and Intelligence
CD 701 - Information Sharing
CD 710-2 - Transfer of Inmates

Agent source: any person who provides information to an agency and who is directed in any way by his/her handler in the manner in which to conduct himself/herself in obtaining such information.

Gist: a written summary that conveys the essence of the information without disclosing information that can legitimately be withheld under the specified criteria for non-disclosure.

Handler: the person who handles the human source within the confines of his/her jurisdiction. In normal circumstances, Security Intelligence personnel manage the interactions required to ensure the human source’s safety while he/she provides information to the Service and to whom the identity of the source is known.

Human source: any person who provides information to an agency and expects confidentiality. These persons are protected by informant privilege, which is intended to protect their identity.

Human source information: intelligence information that is provided by an individual human source.

Human source number: a number which is assigned to an offender who is a human source. This number will serve as the only means of identifying the source on reports.

Human source registry: a registry log used to record and maintain human source identification information.

Informed consent: consent is considered to be informed when an individual has the capacity to understand the nature of the process and is fully apprised of:

1. the potential results and the risks associated with the process
2. the potential effects of refusal to agree to the process
3. the fact that he/she has the right to withdraw from the process.

Need to know: information that is pertinent and necessary to an individual performing his/her duties.

Registered human source: an offender who provides information to an agency and expects confidentiality. He/she is protected by informant privilege, which protects his/her identity.