Commissioner’s Directive 767: Ethnocultural Offenders

Commissioner's Directive

Number: 767

In Effect: 2021-01-25

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Authorities

Purpose

To ensure the specific needs and cultural interests of ethnocultural offenders are identified and met through the provision of effective services and interventions that will contribute to successful reintegration and enhanced public safety

Applications

Applies to all staff working with ethnocultural offenders. It should be noted that services and interventions for Indigenous offenders are elaborated in Commissioner’s Directive (CD) 702 – Indigenous Offenders rather than in this policy

Contents

Responsibilities and Procedures

National Headquarters

  1. The Assistant Commissioner, Correctional Operations and Programs, in consultation with the Deputy Commissioner for Women, as appropriate, will ensure delivery and monitor results of services and interventions that meet the identified needs of ethnocultural offenders, utilizing an intersectional lens (e.g., Gender-Based Analysis Plus [GBA+]).
  2. The Assistant Commissioner, Communications and Engagement, will ensure the National Ethnocultural Advisory Committee (NEAC) is in place and supported as outlined in the Charter of Mutual Commitments between the NEAC and the Correctional Service of Canada (CSC).
  3. The Director, Reintegration Services, in consultation with the Director General, Women Offender Sector, as appropriate, will manage, coordinate, and monitor the development and implementation of processes to identify the specific needs of ethnocultural offenders as well as ethnocultural interventions and services.
  4. The National Manager, Ethnocultural and Social Development Services, will:
    1. provide advice on the development of processes to identify the specific needs and cultural interests of ethnocultural offenders
    2. assist with the development and monitoring of services and interventions to meet the needs of ethnocultural offenders
    3. provide advice and support to the regions on ethnocultural issues
    4. build and maintain partnerships and networks with organizations that will help respond to the needs of ethnocultural offenders and assist in their safe reintegration.

Regional Headquarters

  1. The Regional Deputy Commissioner will:
    1. a. foster the recognition of, and appreciation for, the diverse cultures within the offender population and promote an inclusive environment free of systemic barriers and behaviours, such as racial profiling, harassment, and stereotyping, utilizing an intersectional lens (e.g., GBA+)
    2. ensure a Regional Ethnocultural Advisory Committee (REAC) is in place, and supported, as outlined in the Charter of Mutual Commitments between the NEAC and CSC
    3. promote the engagement of ethnocultural communities in offender release and reintegration planning
    4. approve the Regional Ethnocultural Strategic Plan.
    5. report on regional services, interventions, activities, and considerations to the Assistant Commissioner, Correctional Operations and Programs, and the Assistant Commissioner, Communications and Engagement, as required.
  2. The Regional Administrator, Communications and Executive Services, will:
    1. ensure that the Regional Ethnocultural Strategic Plan is implemented
    2. report regularly to the Regional Management Committee on regional services, interventions, activities, and considerations.
  3. The Regional Manager, Communications, will:
    1. provide updates to the Regional Administrator, Communications and Executive Services, on the implementation of the Regional Ethnocultural Strategic Plan as needed
    2. oversee and facilitate the implementation of the Regional Ethnocultural Strategic Plan.
  4. The Project Officer, Citizen Engagement and Ethnocultural Services, will:
    1. consult with the REAC on the provision of ethnocultural services and interventions to address the needs of ethnocultural offenders, as well as provide advice to Regional Managers and to staff in institutions and in the community
    2. prepare the Regional Ethnocultural Strategic Plan and include the REAC’s recommendations resulting from institution, community and offender concerns where feasible
    3. facilitate the implementation of ethnocultural initiatives in the regions to address the cultural needs of ethnocultural offenders
    4. engage community organizations, and build partnerships with ethnocultural communities, to support ethnocultural offenders throughout their sentence and upon release into the community
    5. develop and manage a list of ethnocultural resources, in consultation with ethnocultural communities, advisory committees and/or ethnocultural associations, which will be available to CSC staff and updated, as necessary.

Institutional Level

  1. The Institutional Head will:
    1. ensure services and interventions are in line with paragraph 4(g) of the CCRA, specifically with respect to ethnic, cultural, religious, and linguistic differences, and are responsive to the needs of visible minorities and other groups, as they relate to the reintegration of ethnocultural offenders
    2. foster an environment where ethnocultural activities, services and interventions can take place
    3. allow offenders to form ethnocultural associations or committees that will meet their cultural needs and interests
    4. ensure the assistance of an interpreter is provided to offenders who do not speak or understand either of the official languages, pursuant to subsection 27(4) of the CCRA, for any hearing or for the purpose of understanding materials provided to the offender
    5. ensure that the specific needs and cultural interests of ethnocultural offenders are considered in the development of Correctional Plans
    6. ensure that staff working with ethnocultural offenders receive appropriate cultural competency training and have an understanding of their role in the provision of ethnocultural services and interventions to offenders
    7. authorize applicable food for cultural events, pursuant to CD 880 – Food Services, Guidelines (GL) 880-1 – Food Services Program, GL 880-2 – Nutrition Management Program, GL 880-3 – Religious Diets, GL 880-4 – Diets of Conscience, CD 750 – Chaplaincy Services, and GL 750-1 – Inmate Religious Accommodations.
  2. The Program Manager will:
    1. ensure, in collaboration with relevant employees (such as Social Program Officers and Parole Officers) and ethnocultural offenders, that activities, services and/or interventions are provided to meet the needs of ethnocultural offenders and contribute to their successful reintegration
    2. ensure that cultural practices are incorporated, where feasible, in social activities, services and interventions offered to ethnocultural offenders.
  3. The Social Program Officer will:
    1. contribute to the assessment of ethnocultural offenders’ needs
    2. report regularly on offenders’ progress as a follow-up to social program participation
    3. recruit and train volunteers from ethnocultural communities to work with ethnocultural offenders.
  4. The Parole Officer will identify objectives in offenders’ Correctional Plans that respect the ethnic, cultural, religious, and linguistic needs of offenders, and are responsive to the specific needs of visible minorities, which may include a combination of activities, services and interventions.
  5. All information obtained through voluntary disclosure pertaining to race, ethnicity, culture, language, the need for interpretation services and requests for services or interventions related to the needs of ethnocultural offenders, will be recorded in the Offender Management System by employees with case management responsibilities relevant to the specific offender, and managed pursuant to CD 228 – Information Management.
  6. 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.

Ethnocultural Wellness Committee

  1. If ethnocultural offenders propose the establishment of a wellness committee to pursue their cultural needs and interests, a protocol outlining the terms and objectives of the committee (pursuant to Annex B) will be developed by these offenders and submitted to the Social Program Officer and the Program Manager for consideration.
  2. The Program Manager will make a recommendation to the Institutional Head and submit the protocol for review and approval.
  3. The Institutional Head will review the protocol and provide a response within 30 days.
  4. If approved, the protocol will remain valid for two years, unless otherwise indicated by the Institutional Head.

Community Level

  1. The District Director will:
    1. ensure services and interventions are in line with paragraph 4(g) of the CCRA, specifically with respect to ethnic, cultural, religious, and linguistic differences, and are responsive to the needs of visible minorities and other groups, as they relate to the reintegration of ethnocultural offenders
    2. ensure the ethnocultural offenders supervised in the community, including those residing in Community Correctional Centres or community-based residential facilities, have reasonable access to ethnocultural resources in the community
    3. ensure the assistance of an interpreter is provided to offenders who do not speak or understand either of the official languages, pursuant to subsection 27(4) of the CCRA , for any hearing or for the purpose of understanding materials provided to the offender
    4. ensure that the specific needs and cultural interests of ethnocultural offenders are considered in the development of Correctional Plans
    5. ensure that staff working with ethnocultural offenders receive appropriate cultural competency training and have an understanding of their role in the provision of ethnocultural services and interventions to offenders
    6. promote relationships with ethnocultural communities, volunteer participation, and the establishment of community forums, specific to ethnocultural offenders.
  2. The community Volunteer Coordinator will:
    1. recruit and train volunteers from ethnocultural communities to work with ethnocultural offenders in the community
    2. develop community resource materials (pamphlets, brochures, handouts, etc.) for ethnocultural offenders.

Ethnocultural Advisory Bodies

  1. The National Ethnocultural Advisory Committee (NEAC), in collaboration with partners and stakeholders, provides advice to the Commissioner on:
    1. the delivery of services and interventions that contribute to the reintegration of ethnocultural offenders and enhance public safety
    2. the promotion of engagement with ethnocultural communities and other appropriate organizations with expert knowledge to support CSC in addressing the increasingly diverse offender population.
  2. The NEAC will meet according to the schedule outlined in the Charter of Mutual Commitments between the NEAC and CSC and will provide a summary of its activities and results to the Commissioner.
  3. The Regional Ethnocultural Advisory Committee (REAC):
    1. advises the Regional Deputy Commissioner on the development, implementation, delivery, management and analysis of services and interventions designed to meet the needs of ethnocultural offenders
    2. shares its expertise with CSC staff and helps identify the specific needs and cultural interests of ethnocultural offenders
    3. builds and maintains partnerships and networks within ethnocultural communities, and with service agencies, to assist in the safe reintegration of ethnocultural offenders
    4. assists CSC in raising awareness and/or providing training on issues relating to ethnocultural services and interventions
    5. liaises with staff and offenders in order to promote ethnocultural services and interventions
    6. supports ethnocultural diversity by developing and enhancing partnerships with ethnocultural communities
    7. meets according to the schedule outlined in the Charter of Mutual Commitments between the NEAC and CSC and provides summaries of its activities and results to the Regional Deputy Commissioner.

Committee Composition

  1. The NEAC is composed of the Chair and Vice-Chair of each REAC and is chaired by the Commissioner.
  2. The REAC is composed of volunteers and members of ethnocultural communities within the region and is chaired by the Regional Deputy Commissioner.
  3. The nomination process for the REAC membership is outlined in the Charter of Mutual Commitments between the NEAC and CSC.

Commissioner,

Original signed by:

Anne Kelly

Annex A - Cross-References and Definitions

CD 001 – Mission, Values and Ethics Framework of the Correctional Service of Canada
CD 024 – Management of Correctional Service of Canada Volunteers
CD 060 – Code of Discipline
CD 087 – Official Languages
CD 228 – Information Management
CD 566-12 – Personal Property of Offenders
CD 577 – Staff Protocol in Women Offender Institutions
CD 701 – Information Sharing
CD 702 – Indigenous Offenders
CD 705 – Intake Assessment Process and Correctional Plan Framework
CD 705-1 – Preliminary Assessments and Post-Sentence Community Assessments
CD 705-3 – Immediate Needs Identification and Admission Interviews
CD 705-6 – Correctional Planning and Criminal Profile
CD 710-1 – Progress Against the Correctional Plan
CD 712-1 – Pre-Release Decision-Making
CD 712-3 – Parole Board of Canada Reviews
CD 712-4 – Release Process
CD 726 – Correctional Programs
CD 730 – Offender Program Assignments and Inmate Payments
CD 735 – Employment and Employability Program
CD 750 – Chaplaincy Services
GL 750-1 – Inmate Religious Accommodations
CD 760 – Social Programs and Leisure Activities
CD 880 – Food Services
GL 880-1 – Food Services Program
GL 880-2 – Nutrition Management Program
GL 880-3 – Religious Diets
GL 880-4 – Diets of Conscience
CD 890 – Inmate Owned Canteen

Canadian Charter of Rights and Freedoms
Canadian Human Rights Act
Canadian Multiculturalism Act
Charter of Mutual Commitments between the National Ethnocultural Advisory Committee
and the Correctional Service of Canada

Program Strategy for Women Offenders (2004)
Values and Ethics Code for the Public Sector

Definitions

Ethnocultural intervention: an intervention process which encompasses the offender’s cultural beliefs and the social factors that may have impacted their life, with the goal of assisting them to regain abilities to reintegrate into the community.

Ethnocultural offender: any offender who has specific needs based on ethnicity, culture, religion or language and who has a desire to preserve their cultural identity and practices.

Annex B - Ethnocultural Wellness Committee Protocol

Ethnocultural offenders can form Ethnocultural Wellness Committees within institutions. Support for the endeavours of these committees by ethnocultural community members joining the committees and management is critical for their success. As such, all parties will need to be in agreement with the proposed protocol, which outlines the terms, objectives, and roles of the committees in institutions.

If an Ethnocultural Wellness Committee is established at an institution, the number and the criteria for committee members will be outlined in the committee’s protocol. In addition, when there is a need, an institution may consider having more than one Ethnocultural Wellness Committee.

When a protocol has been approved, it is in force for up to two years. During this time period, the protocol can be revisited or rewritten with the agreement of committee members and the Institutional Head. At the end of the two years, the protocol can be renewed if no changes are required.

Ethnocultural Wellness Committees assist Social Program Officers with cultural activities for ethnocultural offenders. Social Program Officers, in consultation with Project Officers, Citizen Engagement and Ethnocultural Services, will work with the committees to coordinate their activities, which include organizing committee meetings and ethnocultural events.

The committees are also responsible for sharing ideas and information with offenders, Social Program Officers and other staff. In addition, they act as a liaison between offenders and staff by bringing forward the ideas, input and/or concerns of offenders.

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