Guidelines 711-6: Referrals to and Information Sharing with Independent External Decision Makers

Number: 711-6

In effect: 2025-06-09

• Corrections and Conditional Release Act (CCRA), sections 4(c), 4(g), 15.1(2.1), 28, 29, 29.01, 31 to 37.5, 37.6 to 37.9, 37.91, 78, 79.1, 80, 86, 86.1 and 87
• Corrections and Conditional Release Regulations (CCRR), sections 5(1), 6(c), 13.1, 16.1, 19 to 23.07 and 97

To identify responsibilities and establish procedures for staff involved in the referral to and information sharing with Independent External Decision Maker (IEDM)

• Responsibilities
• Enquiries
• Annex A: Cross-references and definitions

Responsibilities

1. The Assistant Deputy Commissioner, Correctional Operations, will ensure procedures that support IEDM referrals and information sharing with IEDMs as outlined in the Structured Intervention Unit (SIU) Procedures Manuals are followed.
2. The Institutional Head will ensure that:

a. an IEDM’s request to meet with an SIU inmate or an inmate subject to restricted movement is facilitated in a private area, on schedule and without interruption, unless for safety and security reason(s)

b. communications between an IEDM and an inmate, including letters, telephone conversations as well as videoconference and in-person visits, are not subject to interception, unless the criteria in Commissioner’s Directive (CD) 568‑10: Interception of Inmate Communications are met, and in accordance with subsection 94(2) of the CCRR

c. information under the Correctional Service of Canada’s (CSC) control, determined as relevant by the IEDM in completing their review, including security intelligence information, is shared with the IEDM in accordance with subsections 37.7(1) and (2) of the CCRA

d. IEDM determinations that an inmate should not remain in an SIU are implemented as soon as possible following receipt of the removal order

e. no later than 10 calendar days from the date of the IEDM’s determination, the decision-maker return to CSC any document or thing, in accordance with subsection 37.7(3) of the CCRA, and

f. National Headquarters is notified if any document or thing is not returned, as outlined in the Procedures Manuals.

3. The SIU Manager, the Manager, Intensive Intervention Strategy, or the Manager, Assessment and Interventions, as applicable, will:

a. ensure an IEDM’s written notice to the inmate of an IEDM review is provided to the inmate following receipt from the IEDM, in accordance with subsection 37.71(1) of the CCRA

b.ensure an inmate’s written representations are sent to the IEDM as outlined in the SIU procedures manuals, for the IEDM’s consideration in accordance with section 37.72 of the CCRA

c. ensure inmates are notified, in writing, of scheduled IEDM interviews and any changes to scheduled IEDM interviews

d. ensure an IEDM’s determination is shared with the inmate, in accordance with section 23.05 of the CCRR, following receipt of the determination

e. respond to IEDM queries, as required, and

f. notify the IEDM when an inmate is transferred out of the SIU when there is a pending IEDM referral.

4. Following receipt of an IEDM notification, the SIU Parole Officer, or the Parole Officer at women’s institutions and non-SIU sites, will:

a. complete IEDM information sharing forms, as required

b. notify the SIU Security Intelligence Officer, or the Security Intelligence Officer at women’s institutions and non-SIU sites, when information requested by an IEDM is related to an inmate’s preventive security file

c. forward inmate requests to communicate with or direct inmate correspondence to an IEDM, as required, and

d. meet with the inmate prior to a scheduled IEDM interview, as required.

5. The SIU Security Intelligence Officer, or the Security Intelligence Officer at women’s institutions and non-SIU sites, will:

a. upon request, review preventive security information that the IEDM deems relevant to their review of an inmate’s case, and

b. work collaboratively with the SIU Parole Officer or the Parole Officer, as applicable, to ensure the IEDM is informed of the sensitive nature of the information and the identified risk(s) should the information be shared with the inmate for the IEDM’s consideration.

6. The SIU Regional Project Officer will assist in coordinating, as needed:

a. information sharing between CSC and IEDMs, and

b. interviews between IEDMs and inmates, staff, and contractors.

Enquiries

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

Assistant Commissioner,
Correctional Operations and Programs
Jay Pyke

Annex A

Cross-references and definitions

Cross-references

• CD 001: Mission, Values and Ethics Framework of the Correctional Service of Canada
• CD 081: Inmate Complaints and Grievances
• CD 084: Inmates’ Access to Legal Assistance and the Police
• CD 087: Official Languages
• CD 100: Gender Diverse Offenders
• CD 228: Information Management
• CD 566-15: Closed Circuit Television Systems
• CD 701: Information Sharing
• CD 702: Indigenous Offenders
• CD 710-1: Progress Against the Correctional Plan
• CD 711: Structured Intervention Units
• GL 711-1: Transfer of Inmates to a Structured Intervention Unit
• GL 711-2: Management of Structured Intervention Unit Inmates and Inmates Subject to Restricted Movement
• GL 711-3: Transfer of Inmates Out of a Structured Intervention Unit
• GL 711-4: Correctional Interventions and Services in Structured Intervention Units
• GL 711-5: Health Services in Structured Intervention Units
• CD 800: Health Services
• Indigenous Social History Tool
• Mental Health Guidelines
• Structured Intervention Unit Procedures Manual – Men’s Non-SIU Sites
• Structured Intervention Unit Procedures Manual – Men’s SIU Sites
• Structured Intervention Unit Procedures Manual – Women’s Sites
• Structured Intervention Units (SIU): Procedures for Correctional Interventions and Services in SIU
• Men’s Institutions

Definitions

As soon as possible: at the earliest possible time or opportunity, taking into consideration all the facts and circumstances of the individual case, without compromising the safety of staff, inmates, contractors or the public and the security of the institution.

Contractors: for the purpose of the SIU policy suite, people under contract with CSC to provide specific interventions and services to SIU inmates, including Elders, Elder’s Helpers, Teachers, Chaplains, and Spiritual Advisors.

Independent External Decision Maker: appointed by the Minister to review the cases of inmates confined in an SIU or subject to restricted movement in accordance with conditions and timeframes identified within the CCRA and CCRR.

Inmate subject to restricted movement: any inmate who is authorized for transfer to an SIU and placed on restricted movement status pending their physical movement to an SIU.

SIU inmate: any inmate authorized or approved for transfer to an SIU and who is physically residing in an SIU.