Language selection

Government of Canada / Gouvernement du Canada

Search

Commissioner's directive 784: Victim engagement

Authorities

Purpose


Commissioner's Directive

Correctional Service Canada badge

Number:784

In Effect: 2019-04-29

Related links

To manage the engagement of victims within the Correctional Service of Canada, by upholding victims’ rights and ensuring timely and effective information sharing pursuant to legislation

Application

Applies to staff responsible for considering victim information and for sharing information with victims

Contents

Responsibilities

  1. The Assistant Commissioner, Communications and Engagement:
    1. will ensure programs and processes are in place to engage victims within the Correctional Service of Canada’s (CSC) mandate
    2. is responsible for the functional coordination of services to victims
    3. has the authority to develop protocols that must be followed in relation to information sharing between victims and CSC.
  2. The Regional Deputy Commissioner will ensure:
    1. delivery of services to victims by regional Victim Services Units
    2. that policy direction with respect to victim notification is followed
    3. implementation of protocols in compliance with provincial and municipal legislation or programs pertaining to witness protection and the disclosure of information relating to them.
  3. Only staff occupying the following positions have authority to disclose information pursuant to section 26 of the CCRA and subsection 745.6(2.8) of the Criminal Code:
    4. National Headquarters
    1. Assistant Commissioner, Communications and Engagement
    2. Director, Citizen Engagement
    3. National Manager, Restorative Justice and Victim Services
    4. National Monitoring Centre Supervisor (after hours)
    Regional Headquarters
    1. Regional Deputy Commissioner
    2. Regional Administrator, Communications and Executive Services
    3. Regional Victim Services Manager
    4. Victim Services Officer.
  4. The Institutional Head/District Director will:
    1. develop processes to ensure the Victim Services Unit is provided with notification of events and relevant decisions regarding offenders with victim notification pursuant to the Victim Services Notification Guide (Annex C)
    2. ensure that decision sheets provide a rationale when not imposing a condition to protect the victim on an offender’s unescorted temporary absence (CSC authority) in cases where the victim has submitted a statement pursuant to subsection 133(3.1) of the CCRA
    3. facilitate the attendance of victim observers at the Parole Board of Canada (PBC) hearings held at the site and ensure that victims’ needs are taken into consideration in the preparation of hearing rooms and waiting rooms at the site
    4. ensure that information regarding CSC’s victim services and restorative justice programs/victim-offender mediation services is available within operational units
    5. ensure a process which conforms to CD 085 – Correspondence and Telephone Communication is in place to prevent unwanted contact and respect non-communication orders, while allowing offenders to communicate with victims who wish to maintain contact with the offender.
  5. The Correctional Manager/Officer in Charge of the institution will notify the Victim Services Unit/ National Monitoring Centre of unscheduled events for inmates with victim notification in accordance with Annex C.
  6. The Correctional Manager/Manager, Assessment and Interventions/Parole Officer Supervisor/ Manager, Community Correctional Centre (CCC), will ensure:
    1. case preparation documents and recommendations take victim considerations into account
    2. any required information, as outlined in Annex C, is forwarded to the Victim Services Unit.
  7. Chiefs, Sentence Management, and Sentence Management Officers will ensure information is provided to the Victim Services, as outlined in Annex C.
  8. The Parole Officer/Correctional Officer II/Primary Worker will:
    1. notify the Victim Services Unit when beginning case preparation for CSC/PBC-authority release decisions in accordance with Annex C and request to obtain victim information as well as any victim statements pursuant to subsections 133(3.1), 133(7) and 134.1(5) of the CCRA, as applicable
    2. notify the Victim Services Unit of changes in offenders’ circumstances for which notification may be required and of judicial review information regarding offenders, as outlined in Annex C
    3. include relevant victim information pursuant to sections 23 and 24 of the CCRA in reports used for decision making
    4. take victim considerations into account in release planning and recommendations for decision
    5. consult with the Victim Services Unit prior to sharing, with the offender, victim-related information not received through the court process
    6. consult with the Victim Services Unit prior to contacting a victim to gather essential information.
  9. The Regional Victim Services Manager will, in compliance with the protocols issued by the Assistant Commissioner, Communications and Engagement, and following the Canadian Statement of Basic Principles of Justice for Victims of Crime, 2003:
    1. provide advice and assistance to Victim Services Officers
    2. train and coordinate Victim Services Officers
    3. liaise with federal, provincial and municipal criminal justice partners and non-governmental partners
    4. provide regional input on national initiatives
    5. maintain quality assurance for victim services, including service standards as outlined in Annex C
    6. approve release of information to a victim, without a written request, in exceptional circumstances
    7. provide victims with information about the Restorative Opportunities Program, direct victim referrals to the NHQ Restorative Justice Unit, assist Restorative Opportunities staff and mediators to establish communication with registered victims and provide them with relevant case information
    8. provide advice to the Regional Deputy Commissioner in the formulation of requests for exemption under paragraph 8(2)(m) of the Privacy Act and other exceptional and/or sensitive issues.
  10. The Victim Services Officer will, in compliance with the protocols issued by the Assistant Commissioner, Communications and Engagement, and following the Canadian Statement of Basic Principles of Justice for Victims of Crime, 2003:
    1. provide victims with information about:
      1. the criminal justice system and the role of victims in it, including their rights pursuant to the Canadian Victims Bill of Rights
      2. the services and programs available to them as a victim, including restorative justice programs, pursuant to section 26.1 of the CCRA and CD 785 - Restorative Opportunities Program and Victim-Offender Mediation Services
      3. their right to file a complaint for an infringement or denial of any of their rights pursuant to section 25 of the Canadian Victims Bill of Rights and CD 786 - Victim Complaints
      4. the process of applying to receive information as a victim, as outlined in Annex B
    2. assess victim requests in order to confirm the victim’s eligibility to receive information as a victim pursuant to section 2 and subsection 26(3) of the CCRA
    3. register victims in accordance with Annex B
    4. invite victims to provide information and/or a victim statement for consideration in case preparation and pre- and post-release decisions
    5. advise the Parole Officer/Primary Worker that the Victim Notification Required flag has been activated in the Offender Management System
    6. provide approved information to victims regarding offenders in accordance with service standards, as outlined in Annex C
    7. provide approved information to victims about offenders’ Correctional Plans, including information regarding progress towards meeting the objectives of their plans
    8. respond to victim enquiries and prepare correspondence to victims
    9. maintain victim contact and notification information
    10. liaise, as required, with the PBC, National Headquarters, Regional Headquarters, operational units, external agencies, police, courts, etc.
    11. advise staff at operational sites of victims’ issues and services as required
    12. maintain information on community resources available to victims
    13. provide victims with information about the Restorative Opportunities Program, direct victim referrals to the NHQ Restorative Justice Unit, assist Restorative Opportunities staff and mediators to establish communication with registered victims and provide them with relevant case information
    14. assist in the formulation of requests for exemption under paragraph 8(2)(m) of the Privacy Act and other exceptional and/or sensitive issues.
  11. The National Monitoring Centre Supervisor will complete victim notification activities after hours in accordance with the National Monitoring Centre Manual.

Procedures

Registering a Person as a Victim

  1. Requests from victims for offender information will be forwarded to the regional Victim Services Unit for response.
  2. Requests for victim registration will be made in writing, normally using the Request for Victim Registration form (CSC/SCC 1429E) or by completing the request to register via the Victims Portal. If a verbal request is made, the Victim Services Officer will assist the victim in completing their written request.
  3. If a victim sends a signed letter containing enough information to constitute a formal request to receive information, the Victim Services Officer does not need to have the person complete the Request for Victim Registration form (CSC/SCC 1429E).
  4. In exceptional circumstances, the Regional Victim Services Manager may approve disclosure of information without a written request. The reasons for approval will be documented and the victim will subsequently be asked to complete the Request for Victim Registration form (CSC/SCC 1429E) or to complete the request to register via the Victims Portal.
  5. The definition of victim in section 2 of the CCRA and the criteria to receive information as a victim in subsections 26(3) and 26(4) of the CCRA include victims directly harmed as a result of an offence, individuals close to the victim, or persons harmed as a result of the actions of an offender. Victims who register to receive information regarding an offender pursuant to section 26 of the CCRA may include CSC employees and offenders (other than individuals who participated in the offence during which they were harmed). The CCRA does not make any distinction between Canadian victims and foreign victims.
  6. A victim who requests that a representative receive information on their behalf must provide a written authorization to CSC Victim Services. A representative designated by a victim may receive the same information under this policy as the victim is entitled to receive directly.

Disclosure of Information to Victims

  1. Once the victim has been registered, the Victim Services Officer will determine the type of information to be disclosed pursuant to section 26 of the CCRA and subsection 745.6(2.8) of the Criminal Code.
  2. In the case of information disclosed pursuant to paragraph 26(1)(b) of the CCRA, the Victim Services Officer will weigh the victim’s interest against the offender’s privacy, on a case-by-case basis. Factors to be considered include:
    1. the nature of the information
    2. the timeliness of the information
    3. the direct effect of disclosure on the offender, or the indirect effect on the offender due to the effect of the disclosure on others associated with the offender, such as family members or prospective employers, especially in relation to reintegration
    4. the possible consequences of disclosure or non-disclosure
    5. any other relevant factor which may affect the balance between the interests of the victim and the privacy rights of the offender.
  3. In the case of information to be disclosed pursuant to paragraph 26(1)(c) of the CCRA:
    1. the Parole Officer/Primary Worker will communicate, to their supervisor, concerns that the disclosure of information may have a negative impact on public safety, including the safety of the offender, and request a case conference with the Victim Services Unit if necessary
    2. the Victim Services Officer will communicate, to the Regional Victim Services Manager, concerns that the disclosure of information may have a negative impact on public safety, including the safety of the offender, and request a case conference with the Parole Officer/Primary Worker and other staff as necessary on a case-by-case basis.
  4. The Victim Services Officer will provide mandatory information to victims who meet the criteria established in subsection 745.6(2.8) of the Criminal Code, whether or not they choose to register.
  5. If disclosure of the information is approved, CSC may notify victims outside of regular business hours when an offender:
    1. escapes from an institution
    2. is unlawfully at large from a temporary absence
    3. fails to return to the institution as required
    4. has been granted an emergency temporary absence
    5. is subject to a warrant of apprehension and suspension
    6. is subject to a change of jurisdiction
    7. is returned to, or released from, custody
    8. is granted a travel permit.
  6. Decisions with regard to the disclosure of the information relating to an offender believed to be under the federal Witness Protection Program Act can only be made by the Royal Canadian Mounted Police (RCMP). Decisions with regard to the disclosure of information relating to an offender believed to be under any protection agreement or program, including those who are Crown witnesses, will be made in conjunction with the managing criminal justice agency. The Victim Services Unit will refer the request to the National Manager, Restorative Justice and Victim Services, who will forward these requests to the Director General, Preventive Security and Intelligence. The Director General, Preventive Security and Intelligence, will be responsible for liaising with the RCMP or the appropriate managing criminal justice agency in order to respond to the request for information.
  7. When a victim makes a request for information regarding the location or identity change of an offender under any protection agreement or program, including those who are Crown witnesses, the Victim Services Unit will refer the request to the National Manager, Restorative Justice and Victim Services. The National Manager, Restorative Justice and Victim Services, will forward the request to the Director General, Preventive Security and Intelligence, for response.
  8. In highly exceptional circumstances, discretionary information or other information could be disclosed to a victim pursuant to paragraph 8(2)(m) of the Privacy Act in accordance with established protocols.

Gathering Information from Victims for Consideration in Case Preparation

  1. If the victim provides information verbally to a staff member outside the Victim Services Unit, the staff member receiving the information will complete a Statement/Observation Report and forward the report to the Victim Services Unit.
  2. If the victim provides information in writing to a staff member outside the Victim Services Unit, the staff member will forward it to the Victim Services Unit for vetting and distribution as required.
  3. The Victim Services Officer will forward to the Parole Officer/Primary Worker information of any kind received from a victim or any other source which may be related to the risk presented by an offender or a victim, by means of a Statement/Observation Report.
  4. If a victim wishes to provide information which would impact the management of the case, information gathering will be completed pursuant to CD 715-3 - Community Assessments.
  5. When the Victim Services Unit receives sensitive personal information concerning a victim (e.g. psychological and medical reports), the Victim Services Officer will review it, in consultation with the Regional Victim Services Manager and the Parole Officer/Primary Worker or Manager, Assessment and Interventions/Parole Officer Supervisor/CCC Manager, to assess its relevance in the decision-making process.
  6. Photographs (and information contained in other forms of communication) that victims provide will not be considered with or instead of a written victim statement in release decision making.

Sharing Victim-Related Information with Offenders

  1. Offenders will not 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.
  2. If a victim submits a complaint, in accordance with CD 786 - Victim Complaints, the offender will not be informed.
  3. The victim’s contact information will not be shared with the offender without the victim’s consent.
  4. When providing information to CSC, victims will be advised that any information, or a gist thereof, used in a decision affecting an offender will be shared with the offender, pursuant to section 27 of the CCRA.
  5. Where the Institutional Head/District Director has determined there are sufficient grounds pursuant to subsection 27(3) of the CCRA for not sharing all information with the offender, a gist will be prepared and shared with the offender, pursuant to Annex C of CD 701 - Information Sharing.
  6. If the victim asks that the information not be disclosed to the offender, the victim will be advised that CSC may not legally be able to prevent disclosure of the information in a decision affecting the offender.

Jurisdictions

  1. Section 26 of the CCRA applies to all offenders under federal jurisdiction, with such modifications as the circumstances require for provincial offenders transferred to CSC pursuant to an exchange of service agreement, offenders serving provincial sentences under CSC supervision in the community, offenders under section 81 or 84 of the CCRA and offenders under a long-term supervision order.
  2. Federal offenders incarcerated in provincial correctional facilities are subject to provincial regulations for the purposes of information sharing with victims and are excluded from the provisions of section 26 of the CCRA.

Commissioner,

 

Original signed by:

Anne Kelly


Annex A
Cross-References and Definitions

Cross-References

Definitions

Eligibility criteria: subsection 26(3) of the CCRA stipulates that subsection 26(1) of the CCRA “also applies, with such modifications as the circumstances require, to a person who satisfies the Commissioner:

  1. that the person suffered physical or emotional harm, property damage or economic loss, as the result of an act of an offender, whether or not the offender was prosecuted or convicted for that act; and
  2. that a complaint was made to the police or the Crown attorney, or an information was laid under the Criminal Code, in respect of that act.”

Information from a member of the public: information submitted by a person who does not meet the definition of victim [pursuant to subsection 2(1) of the CCRA] or the criteria to receive information (ii) as a victim [pursuant to subsection 26(3) of the CCRA] or (iii) on behalf of a victim [pursuant to subsection 2(3) of the CCRA] or (iv) as representative of the victim [pursuant to subsection 26(5) of the CCRA].

Representative: (commonly referred to as “agent”): an individual authorized to receive information on behalf of a victim pursuant to subsection 26(5) of the CCRA.

Service standard: a public commitment to a measurable level of performance that clients can expect under normal circumstances, per Treasury Board Guideline on Service Standards. In the context of this CD, service standards refer to the timeframes, information and methods of notification outlined in the Victim Services Notification Guide (Annex C).

Victim: as defined in section 2 and subsections 26(3) and 26(4) of the CCRA.

Victim information: victim-related information, provided either in writing or verbally, for consideration as part of the overall case management process. This would include information provided by the victim and/or other sources. This also includes the court Victim Impact Statement, when available.

Victim statement: a written statement provided by the victim, pursuant to subsection 133(3.1) or 134.1(2.1) of the CCRA, describing the harm done or loss suffered as a result of the commission of an offence and the continuing impact on them – including any safety concerns – or commenting on the possible release of the offender. The statement will be considered in the pre-release decision-making process for consideration to impose conditions to protect the victim, including a condition that the offender abstain from having any contact with the victim or from going to any specified place.

Annex B
Information Sharing with Persons Requesting to Register as Victims

Victim Services Officers will explain the following points to victims who enquire about receiving information from CSC:

  1. the definition or eligibility criteria that must be met for a victim to receive information
  2. the option of using the Victims Portal to request to register and to receive information (victims portal)
  3. the types of information about an offender that can be disclosed pursuant to the CCRA, including their meaning
  4. the other services available to victims who meet the legal definition or eligibility criteria to receive information
  5. the opportunity for victims to provide information to CSC to be considered in decisions related to the offender, even if they choose not to complete the Request for Victim Registration form (CSC/SCC 1429E)
  6. the need for the victims to provide current contact information to ensure that CSC can share information with them as required
  7. the process to be followed in the event that CSC cannot contact a victim using the information provided by the victim or if the victim no longer wishes to receive information about the offender.

Annex C
Victim Services Notification Guide

Click on one of the events below to see the information sharing requirements.


Case Management Event Office of Primary Interest Timeframe to Contact the VSU Information to Include Methods of Victim Notification by VSU Disclosure of Information to Victim by VSU or Other Delegated Authority
Note 1: As part of their responsibilities under paragraph 4a of this CD, the Institutional Head/District Director may designate positions other than the ones indicated in this guide to notify the Victim Services Unit (VSU) when the offender’s file has an active Victim Notification Required flag.
Note 2: The timeframes, information and methods of notification outlined in this guide constitute the service standards for victim notifications.
Absence for Court
Authority: Judge’s order (CCRA 26(1)(b)(vii))		 Sentence Management At least 18 days in advance of event or when the information becomes available if less than 18 days in advance
  • Offender name
  • Fingerprint Section (FPS)
  • Departure from institution for court purposes
  • Destination: name and address of courthouse, if available
  • Date of departure
  • Expected return date and time
  • If attending court on new charges
  • Reason (Judge’s order to appear in court)
  • Reason why information was not provided 18 days in advance, if this is the case
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
 At least 16 days prior to release (unless not practicable to do so), if an ETA decision was made, or when the information is received re: judge’s order
  • Date of absence
  • Reason for absence: to attend a court proceeding
  • General destination (city)
  • Court information, if available
  • Whether the offender will be in the vicinity of the victim, if known
  • Reason why information was not disclosed 16 days in advance, if this is the
  • Case for an ETA
Admission
i. Admission to CSC on First Federal Sentence		     Sites are responsible to notify Victim Services Units in accordance with Annex C from the time that the Victim Notification flag is activated on the offender’s file (including while the offender is at the Intake Assessment Unit).    
ii. Admission to CSC on Subsequent Federal Sentence (and first federal sentence for offenders previously supervised by CSC during a provincial sentence)

(CCRA 26(1)(a)(i)-(iv))		 Sentence Management Within five days of the offender being admitted to federal custody at beginning of subsequent sentence
  • Offender name and FPS
  • Back in CSC custody on new sentence
  • New offences
  • Sentence length
  • Sentence start and end dates
  • Eligibility dates
  • Release the letter to the Victim Portal, or
  • Telephone and letter (unless the victim has requested no contact by letter)
  • Now back in custody on new sentence
  • Reactivation of victim notification is not automatic
  • Must indicate that victim wants notification reactivated
  • New offences
  • Sentence length
  • Sentence start and end dates
  • Eligibility dates
Readmission

ii. Return to CSC Facility on a Warrant, including when:
  1. parole or statutory release has been made inoperative
  2. a warrant of apprehension and recommitment has been issued (in the case of a direct revocation by PBC)

(CCRA 26(1)(b)(ii) and (vii))

 Sentence Management Immediately following the return of the offender to CSC custody
  • Offender name and FPS
  • Date when transferred to CSC facility
  • Name and location of CSC facility
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • Offender returned to CSC custody
  • Date when transferred to CSC facility
  • Name and location of institution
ii. Suspension and Apprehension Warrant Issued

(CCRA 26(1)(b)(ii) and (vii))		 Community Parole Officer or their supervisor Immediately following the issuing of the warrant
  • Offender name and FPS
  • Warrant issued
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
 Warrant issued
iii. Suspension and Apprehension Warrant Executed

(CCRA 26(1)(b)(ii)
and (vii))		 Parole Officer or their supervisor As soon as possible following the execution of the warrant
  • Offender name and FPS
  • Warrant executed
  • Location of offender (province of non-CSC facility, if applicable)
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • Offender apprehended
  • Location of offender (province of non-CSC facility, if applicable)
  • Suspension process

iv. Suspension and Apprehension Warrant Cancelled or Withdrawn

(CCRA 26(1)(c)(iii))		 Community Parole Officer or their supervisor Immediately following the decision to cancel or withdraw the warrant
  • Offender name and FPS
  • Suspension warrant cancelled or withdrawn
  • Date of decision
  • Date of release
  • Area of supervision on release
  • Changes to conditions or destination
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • Suspension warrant cancelled or withdrawn
  • Date of decision
  • Date of release
  • Any changes with respect to community supervision – destination, conditions, supervising parole office

Bail Release

  1. From Federal Custody
  2. Following Release to the Community
(CCRA 26(1)(b)(vii))
  1. Sentence Management
  2. Parole Officer or their supervisor
 Immediately when the information becomes available
  • Offender name and FPS
  • Offender being released on bail
  • Date of release
  • Reason (sentence quashed, etc.)
  • Released to community or provincial custody
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • Date of release
  • Court information, if available
  • Whether the offender will be in the vicinity of the victim, if known

Case Preparation for Post-Release Decisions

(CCRA 26(1)(a)(iv),
26(1)(c) and 134.1(5))

 Parole Officer or their supervisor/ Primary Worker/ Correctional Officer II

When beginning case preparation (Assessment for Decision) for post-release decisions, including post- suspension decisions, decisions to modify/remove a condition and/or a subsequent decision following the successful appeal of a PBC decision, pursuant to
CDs 715-2, 712-4 and 719
  • Offender name and FPS
  • Anticipated review/decision date, if known
  • Proposed change in conditions
  • Timeframe for victim to submit information and/or statement (provide as much time as possible within the parameters of the case)
  • Whether or not the proposed modification or removal of condition relates to a condition imposed to protect the victim
  • Any known concerns that the disclosure of information may have a negative impact on public safety, including the safety of the offender (refer to the Disclosure of Information to Victims section in this CD as relates to subsection 26(1)(c) of the CCRA)
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • Offender case to be reviewed for possible change in conditions
  • Date of review (month and year)
  • Type of condition that may be modified or removed as a result of the review only if the condition was imposed to protect the victim
  • Invite new victim information and/or a victim statement (normally within the timeframe indicated by the Parole Officer or their supervisor)
Case Preparation for Pre-Release Decisions

(CCRA 26(1)(a)(iv), 26(1)(c), 133(3.1) and 133(7))

 Parole Officer or their supervisor/ Primary Worker/ Correctional Officer II When beginning case preparation for pre-release decisions, decisions to modify/remove a condition and a subsequent decision following the successful appeal of a PBC decision, as outlined in Annex B of CD 712-1 and pursuant to CDs 710-3, 710-7 and 712-5
  • Offender name and FPS
  • Type of release
  • Planned release destination (and reason if for a temporary absence)
  • Anticipated review/decision date, if known
  • Whether or not the proposed modification or removal of condition relates to a condition imposed to protect the victim
  • Timeframe for victim to submit information and/or statement (provide as much time as possible within the parameters of the case)
  • Any known concerns that the disclosure of information may have a negative impact on public safety, including the safety of the offender (refer to the Disclosure of Information to Victims section in this CD as relates to subsection 26(1)(c) of the CCRA)
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • Offender to be reviewed for possible conditional release
  • Type of release (and reason, if for a temporary absence)
  • Date of review (month and year)
  • The type of condition that may be modified or removed as a result of the review only if the condition was imposed to protect the victim
  • Invite new victim information and/or a victim statement
    • normally within the timeframe indicated by the Parole Officer or their supervisor
    • as soon as possible for emergency temporary absences
Change in Custodial Authority   As soon as the information becomes available

In all cases

  • Offender name and FPS
  • Date of change
  • Reason for change
  • Release the letter to the Victim Portal, or
  • Telephone and letter (unless the
    • victim has requested no contact by letter)

In all cases

  • Date of change
  • No longer in CSC supervision/custody
  1. Transfer to Provincial/ Territorial Custody
(CCRA 26(2) and (4))		 Sentence Management  
  • To which province/territory
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • Province in which the facility is located
  1. Transfer to Canada Border Services Agency (CBSA) Custody (at the time of the offender’s release from the institution)

    (CCRA 26(1)(b)(vii))
 Sentence Management  
  • Type of release
  • Parole office that will supervise the offender (should he/she be released from CBSA)
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
 Within two days of confirmation by CBSA of the date when they will take the offender into their custody
  • Under the jurisdiction of CBSA
  • Victim will be informed:
    • if offender returns to CSC custody or supervision
    • of the date on which the offender is removed from Canada

iii. Arrest Without Warrant

(CCRA 26(1)(b)(vii) and 26(1.2))		 Parole Officer or their supervisor  
  • Offender arrested without a warrant executed
  • Location of offender
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • Offender arrested and in police custody
  • Suspension process

Change in Release on Day Parole, Full Parole, Statutory Release, Long-Term Supervision Order (LTSO)

PBC decision including change in destination, supervision location, travel radius/territorial boundaries, conditions

(CCRA 26(1)(c), (d) and 26(1.2))

 Parole Officer or their supervisor

Events 1 and 2: As soon as the parole office is aware of decision made by PBC if change in release conditions (including removal of residency condition)

Event 3: If change in destination, supervision location, travel radius/territorial boundaries – Normally five days in advance of change or immediately when the information becomes available (if less than five days)
  • Offender name and FPS
  • What has changed
  • Date of the change
  • Reason for the change

Change in Release:

  1. PBC decision for change in release type (DP/FP, SR, LTSO)
  2. PBC decision for change of special conditions (wording as it appears on the certificate)
  3. Change in release destination, supervision location or travel radius/territorial boundaries

If change in supervision location

  • New supervision area
  • Name of supervising Parole Officer
  • Date of transfer

If residency condition removed

  • Release destination (city)
  • Any known concerns that the disclosure of information may have a negative impact on public safety, including the safety of the offender (refer to the Disclosure of Information to Victims section in this CD as it relates to subsection 26(1)(c) of the CCRA)
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

In all cases

  • What has changed?
  • Date of change
  • Reason for the change
  • New date of release, if any If change in release conditions (including removal of residency condition) – As soon as the VSU receives the information from the site
If residency condition removed
  • Release destination (city)
If change in destination, supervision location, travel radius/territorial boundaries – Normally three days in advance of change or as soon as possible when the information becomes available (if less than three days)
  • New destination and whether the offender will be in the vicinity of the victim
  • Contact information for VSU if transferred to different region
  • Photograph of offender (not if the release is cancelled; only on or after the date of the earliest occurrence of release)

Change in Sentence Information

(CCRA 26(1)(a)(ii))		 Sentence Management At the time the new sentence calculation has been entered into the Offender Management System (OMS)
  • Offender name and FPS
  • Offender former name (new alias)
  • Date legal name was changed in OMS
  • Change in sentence dates
  • List all new sentence dates
  • Reason why new calculation was made
  • Any appeals or quashed sentences If new convictions (even if sentence dates do not change)
  • List all new offences
  • Applicable sentence
  • Court of conviction
  • Release the letter to the Victim Portal, or
  • Telephone and letter (unless the victim has requested no contact by letter)
  • New sentence dates
  • Length of new sentence
  • New conviction(s), if applicable
  • Court of conviction (if applicable)

Death of Offender

(CCRA 26(1)(a)(iii), 26(1)(b)(vii) and CCRR 116)

 Parole Officer or their supervisor Normally within five days following the death and only after next of kin has been notified
  • Offender name and FPS
  • Date of death
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • Death of inmate in custody or death of offender under community supervision
  • No further notifications regarding this offender
  • If victim is next of kin, discuss timing of notification with the institutional contact person

Deportation/ Removal from Canada

(CCRA 26(1)(b)(v))		 Parole Officer or their supervisor As soon as the information is available
  • Offender name and FPS
  • Date of removal from Canada
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

Within two days of confirmation from CBSA

  • Date of removal from Canada

Early Discretionary Release (EDR)

(CCRA 26(1)(a)(iv),
26(1)(c)(i), (ii), (iii) 26(1)(d) and 26(1.1))

 Institutional Parole Officer or their supervisor At least 18 days in advance of release, including warrant expiry date (WED), or immediately when decision is made (if less than 18 days to release)
  • Offender name and FPS
  • Calculated release date
  • Actual (early) release date
  • Release destination
  • Release conditions as they appear on the certificate
  • Reason why information was not disclosed 18 days in advance, if this is the case
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

At least 16 days prior to release, unless not practicable to do so

  • Date of release (statutory release or WED notification)
  • Release destination and whether the offender will be in the vicinity of the victim
  • Release conditions
  • Reason why information was not disclosed 16 days in advance, if this is the case
On or after the earliest occurrence of release
  • Photograph of offender

Escape/Fail to Return to Institution

(CCRA 26(1)(b)(vii)and 26(1.2))		 Parole Officer or their supervisor/ Correctional Manager/Officer in Charge of the institution Immendiately
when incident occurs
  • Offender name and FPS
  • Date and time of escape
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
  • Escape/fail to return
  • Whether or not now in custody
  • If not in custody, why not
  • Explanation of process for apprehension

Escorted Temporary Absence (ETA) Decision
(personal development, compassionate, etc.)

(CCRA 26(1)(a)(iv),
26(1)(c)(i), (ii), (iii) and CCRR 9)

Warden's Authority – Chair of CSC Decision Board/Officer in Charge

PBC's Authority – PBC notifies of decision, designate at institution advises of first actual ETA

Immediately following the decision (positive or negative) if less than 18 days prior to first occurrence; or within 48 hours of decision if first occurrence is 18 days or more after the decision
  • Offender name and FPS
  • Decision date
  • Decision (positive or negative)
  • Reasons for ETA
  • Destination of ETA (city)

If ETA is authorized

  • Conditions imposed on ETA
  • Supervision requirements of ETA

If one-time ETA

  • Start date and time of ETA
  • End date and time of ETA

If package of ETAs

  • Frequency of ETAs
  • Duration of package (e.g. over next six months or no end date)
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

If negative decision

  • Only disclose that the ETA was not authorized

If positive decision

  • Date and time of ETA
  • Destination of ETA and whether the offender will be in the vicinity of the victim
  • Duration of ETA
  • Conditions of ETA
  • Reasons for ETA
  • Victim Services Officers (VSOs) must determine each victim’s preferences in each case, i.e. if they want notification of the ETA package only or of every individual ETA in the package

Escorted Temporary Absence (actual occurrence)

(CCRA 26(1)(c)(i), (ii), (iii), 26(1.1) and CCRR 9)

 Correctional Officer II/ Primary Worker/Parole Officer or their supervisor At least 18 days in advance of ETA or immediately when decision is made (if less than 18 days to ETA), e.g. for medical purposes
  • Offender name and FPS
  • Start date and time of ETA
  • End date and time of ETA*
  • Reasons for ETA
  • Destination of ETA (city)
  • Conditions imposed on ETA
  • Supervision requirements for ETA
  • Reason why information was not disclosed 18 days in advance, if this is the case
(*End date and time may not be known for some absences, such as medical)
  • Offender name and FPS
  • Start date and time of ETA
  • End date and time of ETA*
  • Reasons for ETA
  • Destination of ETA (city)
  • Conditions imposed on ETA
  • Supervision requirements for ETA
  • Reason why information was not disclosed 18 days in advance, if this is the case
(*End date and time may not be known for some absences, such as medical)

At least 16 days prior to release, unless not practicable to do so

  • Date and time of ETA
  • Destination of ETA and whether the offender will be in the vicinity of the victim
  • Duration of ETA*
  • Conditions of ETA
  • Reasons for ETA
  • Reason why information was not disclosed 16 days in advance, if this is the case
(*Duration of ETAs may not be known for medical absences)

Escorted Temporary Absence Permit Cancelled/Changed (date, time, destination, conditions)
(CCRA 26(1.2) and CCRR 9)

 Correctional Officer II/ Primary Worker/Parole Officer or their supervisor As soon as the ETA is cancelled/ changed
  • Offender name and FPS
  • Original start date and time of ETA
  • Original end date and time of ETA
  • Reasons for ETA
  • Original destination of ETA (city)
  • Reason for cancellation or amended date/time/destination/ conditions
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter Send follow-up letter if requested by victim
 ETA cancelled or updated ETA date/time/ conditions/destination and whether the offender will be in the vicinity of the victim

Judicial Review – Offender Did Not Apply

(Criminal Code 745.6(2.8))

 Institutional Parole Officer or their supervisor As soon as the maximum allowable application period has expired
  • Offender name and FPS
  • Offender did not apply for a judicial review
  • Next date offender can apply, if applicable (default to five years unless otherwise ordered by a judge)
  • Release the letter to the Victim Portal, or
  • Telephone – If victim has requested
  • Send letter – Even if telephone contact was successful
  • Offender did not apply for a reduction in the number of years of imprisonment without eligibility for parole (judicial review)
  • Next date when offender can apply, if applicable

Long-Term Supervision Order (LTSO) End Date

(CCRA 23 to 27, 26 (a)(iii) )		 Community Parole Officer or their supervisor Normally five days prior to LTSO end date
  • Offender name and FPS
  • Offender reaching end of LTSO
  • Date of LTSO end
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

Victim is notified at least three days prior to LTSO end date

  • LTSO end date
  • Offender will no longer be under CSC supervision
  • Access to photograph of offender is not provided at this time

Penitentiary Placement

(CCRA 26(1)(b)(ii.1)) (CCRA 26(1)(b)(ii.2))

     Refer to the tool Notification to Victims of Offender Penitentiary Placement, Transfer and Movement    

Photograph of Offender (updated)

(CCRA 26(1)(d))

Institution – Correctional Manager, Operations

Community – Parole Officer Supervisor		 When uploading an updated photograph of offenders with Victim Notification flag into the Visual Identification Processor (VIP)
  • Offender name and FPS
  • Date that an updated (subsequent) photograph was posted to the offender’s OMS file
  • Release the letter to the Victim Portal, or
  • Telephone – If victims do not have access to the Victim Portal
  • Send follow-up letter if requested by victim
  • Date on which an updated photograph can be accessed on the Victim Portal
  • For victims who do not have access to the Victim Portal – Letter containing the date on which the updated photograph was uploaded and a hard copy of the new photo
Release on Day Parole, Full Parole, Statutory Release, Long- Term Supervision Order (LTSO)

(CCRA 26(1)(c)(i), (ii), (iii), 26(1)(d) and 26(1.1))

 Institutional Parole Officer or their supervisor At least 18 days in advance of release or immediately when decision is made (if less than 18 days to release)
  • Offender name and FPS
  • Type of release
  • Date of calculated release
  • Date of actual planned release
  • Destination on release (city)
  • Conditions on release as worded on certificate
  • Reason why information was not provided 18 days in advance, if this is the case
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

At least 16 days prior to release, unless not practicable to do so

  • Release date
  • Destination and whether the offender will be in the vicinity of the victim
  • Conditions imposed and standard list
  • Supervising parole office
  • If day parole – Leave privileges allowed?
  • If LTSO – End date of LTSO
  • How community supervision works
  • Contact information for VSU (if the offender is being released in another region)
  • Reason why information was not disclosed 16 days in advance, if this is the case

On or after the earliest occurrence of release

  • Photograph of offender
  • Access to photograph is not given at beginning of LTSO; access can be given to subsequent photographs taken while the offender is supervised on a LTSO
Transfer or Movement

(CCRA 26(1)(b)(ii.1)) (CCRA 26(1)(b)(ii.2))

     Refer to the tool Notification to Victims of Offender Penitentiary Placement, Transfer and Movement    
Travel Permit Issued

(CCRA 26(1)(c)(iii))

 Community Parole Officer or their supervisor At least five days in advance of the travel permit or immediately when decision is made in the case of travel on short notice (if less than five days)
  • Offender name and FPS
  • Travel permit issued/updated for this offender
  • Reasons for this travel permit
  • Departure date and time
  • Return date and time
  • Destination
  • Checkpoints
  • Method of travel
  • Reason why information was not provided five days in advance, if this is the case
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

At least three days prior to travel, unless not practicable to do so

  • Start and end dates of travel permit
  • Destination and whether the offender will be in the vicinity of the victim (as indicated by the checkpoints)
  • Reasons for travel permit
  • Reason why information was not disclosed three days in advance, if this is the case
Travel Permit Cancelled or Changed

(CCRA 26(1.2))

 Community Parole Officer or their supervisor As soon as the travel permit is changed or cancelled
  • Offender name and FPS
  • Reasons for this travel permit
  • Original departure date and time
  • Original return date and time
  • Original destination
  • Travel permit cancelled or updated dates/destination/checkpoints
  • Release the letter to the Victim Portal,
  • Telephone – If not successful, send letter
  • Send follow-up letter if victim requests one
Prior to new date, unless it is not practicable to do so
  • Travel permit cancelled or updated dates/ destination and whether the offender will be in the vicinity of the victim (as indicated by the checkpoints)
Unescorted Temporary Absence (UTA) Decision

(CCRA 26(1)(a)(iv), 26(1)(c)(i), (ii), (iii), 26(1)(d), 133(3.1) and CCRR 155)

Institutional Head’s Authority – Chair of CSC Decision Board/Officer in Charge

PBC's
Authority – PBC notifies of decision, designate at institution advises of decision and first actual UTA, as applicable

 Immediately following the decision (positive or negative) if less than 18 days prior to first occurrence; or within 48 hours of decision if first occurrence is 18 days or more after the decision
  • Offender name and FPS
  • Decision date
  • Decision (positive or negative)
If positive decision
  • Reasons for UTA
  • Destination of UTA (city)
  • Conditions imposed on UTA
  • For CSC-authority UTAs – Reasons why non-association or geographic restriction conditions are not imposed (if the victim has provided a statement)
  • Supervision requirements of UTA
If one-time UTA
  • Start date and time of UTA
  • End date and time of UTA
If package of UTAs
  • Frequency of UTAs
  • Duration of package (e.g. over next six months or no end date)
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
 If negative decision
Only disclose that the UTA was not authorized
If positive decision
  • Date and time of UTA
  • Destination
  • Duration of UTA
  • Reasons for UTA
  • Conditions of UTA
  • For CSC-authority UTAs – Reasons why non- association or geographic restriction conditions are not imposed (if the victim has provided a statement)
  • VSOs must determine each victim’s preferences in each case, i.e. if they want notification of the UTA package only or of every individual UTA in the package
Unescorted Temporary Absence (actual occurrence)

(CCRA 26(1)(c)(i), (ii), (iii), 26(1)(d), 26(1.1) and CCRR 155)

 Correctional Officer II/ Primary Worker/Parole Officer or their supervisor At least 18 days in advance of UTA or immediately when decision is made (if less than 18 days prior to UTA)
  • Offender name and FPS
  • UTA permit issued
  • Start date and time of UTA
  • End date and time of UTA*
  • Reasons for UTA
  • Destination of UTA (city)
  • Conditions imposed on UTA
  • Supervision requirements for UTA
  • Reason why information was not provided 18 days in advance, if this is the case
(*End date and time may not be known for some absences, such as medical)
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
 At least 16 days prior to release, unless not practicable to do so
  • Date and time of UTA
  • Destination and whether the offender will be in the vicinity of the victim
  • Duration of UTA*
  • Conditions of UTA
  • Reasons for UTA
  • Reason why information was not disclosed 16 days in advance, if this is the case
  • Photograph of offender (not if the release is cancelled; only on or after the date of the earliest occurrence of release)
(*Duration of UTAs may not be known for medical absences)
Unescorted Temporary Absence Permit Cancelled/Changed
(date, time, destination, conditions)

(CCRA 26(1.2), 26(1)(d), 133 (3.1) and CCRR 155)

 Correctional Officer II/ Primary Worker/Parole Officer or their supervisor As soon as the UTA is cancelled/ changed
  • Offender name and FPS
  • Original start date and time of UTA
  • Original end date and time of UTA
  • Reasons for UTA
  • Original destination of UTA (city)
  • Reason for cancellation or amended date/time/destination/ conditions
  • For amended conditions on CSC- authority UTAs – Reasons why non- association or geographic restriction conditions are not imposed (if the victim has provided a statement)
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

Prior to new date, unless it is not practicable to do so

  • UTA cancelled or updated UTA date/ time/conditions/ destination and whether the offender will be in the vicinity of the victim
  • For CSC-authority UTAs – Reasons why non-association or geographic restriction conditions are not imposed (if the victim has submitted a statement)
  • Photograph of offender (not if the release is cancelled; only on or after the date of the earliest occurrence of release)
Warrant Expiry Date (WED)

(CCRA 26(1)(a)(iii), 26(1)(b)(vii) and 26(1)(d))

 Sentence Management/ Parole Officer or their supervisor

If the offender has not been previously released from CSC custody and is being released on WED – At least 18 days in advance of WED

If the offender is in the community or has previously been on conditional release – Normally five days prior to WED
  • Offender name and FPS
  • Offender reaching WED
  • Date of WED
  • Actual release date
  • Any court orders in effect
  • Reason why information was not provided within established timeframe, if this is the case
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

Victim is notified at least 16 days prior to WED (unless not practicable to do so) if the offender has not been previously released OR three days prior to WED if the offender is in the community or has been previously released

  • Date of warrant expiry
  • Offender will no longer be under CSC supervision
  • Any court orders in effect
  • Reason why information was not disclosed within established timeframe, if this is the case

If the offender is being released for the first time at WED (not including ETAs)

  • Photograph of offender (on the day of release)

If the offender is in the community or has been previously released

  • Photograph of offender (no later than the day the warrant expires)
Work Release (WR) Package Decision

(CCRA 26(1)(c)(i), (ii), (iii) and 26(1)(d))

Chair of CSC Decision Board or designate

Immediately
following the decision (positive or negative) if less than 18 days prior to first occurrence; or within 48 hours of decision if first occurrence is 18 days or more after the decision
  • Offender name and FPS
  • Decision (positive or negative)
  • Decision date

If positive decision

  • Destination of WR (city)
  • Reasons for WR
  • Conditions imposed on WR
  • Supervision requirements of WR
  • Frequency of WRs
  • Duration of package (e.g. over next six months or no end date)
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim
 If negative decision
  • Only disclose that the WR was not authorized
If positive decision
  • Date and time of WR
  • Destination of WR
  • Duration of WR
  • Conditions of WR
  • Reasons for WR
Work Release (actual occurrence) (CCRA 26(1)(c)(i), (ii), (iii), 26(1)(d) and 26(1.1)) Correctional Officer II/ Primary Worker/Parole Officer or their supervisor At least 18 days in advance of WR or immediately when decision is made (if less than 18 days to WR)
  • Offender name and FPS
  • WR occurrence
  • Start date and time of WR
  • End date and time of WR
  • Destination of WR (city)
  • Reasons for WR
  • Conditions imposed on WR
  • Supervision requirements for WR
  • Reason why information was not provided 18 days in advance, if this is the case
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

At least 16 days prior to release, unless not practicable to do so

  • Date and time of WR
  • Destination of WR and whether the offender will be in the vicinity of the victim
  • Duration of WR
  • Conditions of WR
  • Reasons for WR
  • Reason why information was not disclosed 16 days in advance, if this is the case
On or after the earliest occurrence of release
  • Photograph of offender
Work Release Permit Cancelled/ Changed
(date, time, destination, conditions)

(CCRA 26(1.2))

 Correctional Officer II/ Primary Worker/ Parole Officer or their supervisor As soon as the WR is cancelled/ changed
  • Offender name and FPS
  • Original start date and time of WR
  • Original end date and time of WR
  • Reasons for WR
  • Original destination of WR (city)
  • Reason for cancellation or amended date/time/destination/ conditions
  • Release the letter to the Victim Portal, or
  • Telephone – If not successful, send letter
  • Send follow-up letter if requested by victim

Prior to new date, unless it is not practicable to do so

  • WR cancelled or updated WR date/time/conditions/ destination and whether the offender will be in the vicinity of the victim
  • Photograph of offender (not if the release is cancelled; only on or after the date of the earliest occurrence of release)

Page details

Date modified: