​Corrections and Conditional Release Act Section 84: Application process

• Corrections and Conditional Release Act (CCRA), sections 79, 84 and 84.1
• Criminal Code, sections 753, 753.1, 753.2, 753.3 and 753.4

To outline the roles of staff involved in developing a release plan under the provisions of sections 84 and 84.1 of the CCRA as well as the step-by-step procedures to follow

Applies to staff who are involved in the release of offenders under the provisions of sections 84 and 84.1 of the CCRA

• Responsibilities and Procedures
• Annex-A - Cross-References and Definitions
• Annex-B - Sample Letter from Offender to Initiate the Section 84 Process
• Annex-C - Sample Letter from Institutional Parole Officer/Indigenous Community Development Officer to Inform Community of Section 84 Process
• Annex-D - Sample Letter from Offender to Community Following Community Response to Letter
• Annex-E - Steps in the Section 84 Release Planning Process

1. The sections 84 and 84.1 (hereafter referred to as section 84) release planning process involves the teamwork of numerous individuals within and outside of the Correctional Service of Canada (CSC). A successful release process requires a coordinated approach and ongoing communication between all team members.
2. The institutional Parole Officer, who is the primary individual responsible for the offender’s case prior to release (including section 84 case preparation), will:
   1. act as the liaison at the institutional level in the absence of an Indigenous Liaison Officer, or if the offender is not working with an Indigenous Liaison Officer/Elder
   2. ensure offenders are informed of their rights under section 84 of the CCRA
   3. ensure offenders are informed at various points during their sentence of their responsibilities in the process, including those to their victims
   4. inform the Indigenous Liaison Officer and the Indigenous Community Development Officer, normally two years prior to the first eligible release date, if the offender expresses an interest in the section 84 process
   5. inform the offender that the sooner they involve the Indigenous community in the section 84 process, the more time the Indigenous community will have to consider and assist in developing an effective and meaningful release plan
   6. collaborate with counterparts in the pre-release case preparation and recommendation process, including the Elder, the Indigenous Liaison Officer, the Indigenous Community Development Officer, the Indigenous Community Liaison Officer and the community Parole Officer
   7. ensure all relevant information is entered in the Offender Management System (OMS). The section 84 flag in OMS should be activated if it was not activated in the Preliminary Assessment process. The section 84 flag should be deactivated if the offender is no longer interested in the process
   8. contact Victim Services to request registered victim information, including any written statement, in accordance with CD 784 – Victim Engagement
   9. in the absence of an Indigenous Community Development Officer, collaborate with the Elder, the Indigenous Liaison Officer and the community Parole Officer to ensure the development of the release plan is consistent with the Continuum of Care (if applicable) and the offender’s Correctional Plan
   10. review the offender’s letter to the Indigenous governing body and the signed Consent for Disclosure of Personal Information – (Inmate) (CSC/SCC 0487) to ensure they contain relevant and appropriate information prior to the Indigenous Liaison Officer sending it to the Indigenous Community Development Officer (Annex B) and Area Director
   11. ensure, where applicable, that when the application for decision is entered in OMS, the Indigenous governing body is selected in the “Consultation” field and the section 84 information is entered on the release certificate
   12. inform the staff member preparing the release certificate of the need to complete the “Section 84 Location” field within the “Supervision Information and Certificate” screen in OMS
   13. notify the community Parole Officer Supervisor of an approved section 84 release when arranging supervision.
3. The Indigenous Liaison Officer will:
   1. support and promote the provision of section 84 of the CCRA from within the institution
   2. following an offender’s arrival at a federal facility, confirm with the offender that they have been briefed on the section 84 release process, provide any additional information to the offender as required, and document this interaction in a Casework Record
   3. inform the institutional Parole Officer (and the institutional Elder, if appropriate), as soon as possible, if the offender expresses an interest in the section 84 process at any time while serving their sentence
   4. inform the offender that the sooner they involve the Indigenous governing body in the process, the more time the Indigenous governing body will have to consider and assist in developing an effective and meaningful release plan
   5. document and share the Elder’s comments and recommendations in relation to the section 84 process with the Indigenous Community Development Officer and the Case Management Team
   6. collaborate with the institutional Parole Officer, the Elder, the community Parole Officer and the Indigenous Community Development Officer to ensure the development of the release plan is consistent with the Continuum of Care (if applicable) and the offender’s Correctional Plan
   7. if required, assist the offender when they are writing to the Indigenous governing body (Annex B)
   8. forward the offender’s letter and the Consent for Disclosure of Personal Information – (Inmate) (CSC/SCC 0487) to the institutional Parole Officer for review
   9. once the institutional Parole Officer has reviewed the offender’s letter (Annex B) and the signed Consent for Disclosure of Personal Information – (Inmate) (CSC/SCC 0487), forward them to the Indigenous Community Development Officer and the Area Director.
4. The Indigenous Community Development Officer will:
   1. contact Indigenous governing bodies or any Indigenous organizations (other CSC staff may also do this) to promote awareness of section 84 and to determine if there is community interest in this process even before offenders have expressed interest in returning to a particular community
   2. enter their name and assignment start date as a member of the Case Management Team under "Offender Case Assignment" in OMS in consultation with their supervisor, once the required documentation is received from the institutional Parole Officer
   3. support the involvement of Indigenous governing bodies in the release planning process
   4. forward the offender’s letter to the Indigenous governing bodies, along with an introductory letter of the section 84 release process and an information package on section 84 (Annex C)
   5. complete a Community Assessment Report with the Indigenous governing body or Indigenous organization as outlined in Annex C of CD 715-3 – Community Assessments
   6. inform the community, if the victim resides in the community, of the opportunity for victim/offender mediation
   7. if the Indigenous governing body or Indigenous organization decides to establish a section 84 review committee, discuss with the community the composition of the committee and ensure the committee has the authority to speak on behalf of the community
   8. collect all information after meeting with the section 84 review committee
   9. collaborate with the community Parole Officer in the development of a release plan that is consistent with the Continuum of Care (if applicable) and the offender’s Correctional Plan
   10. document activities in a Casework Record in OMS. This will include, but is not limited to, activities related to presentations, consultations, and discussions with the offender, CSC staff, and the Indigenous community representative(s).

Notes

The membership of such groups as a section 84 review committee frequently changes; therefore, the Consent for Disclosure of Personal Information – (Inmate) form (CSC/SCC 0487) must be completed and periodically updated to ensure no breach of confidentiality.

The sharing of offender information with those who are not listed on the Consent for Disclosure of Personal Information – (Inmate) form (CSC/SCC 0487) is not allowed due to privacy issues, even if the members appear to be well-meaning family or community members.

An offender on conditional release or non-discretionary release (whether section 84 or not) may engage in the section 84 release process for a subsequent release, decision, transfer of supervision, etc. For example, an offender residing in a community-based residential facility on day parole may initiate the section 84 release process to their home community in another city for full parole or statutory release. The process to be followed should be consistent with the steps outlined above and amended where required given that the offender is already in the community.

5. The community Parole Officer will:
   
   

   When conducting a Preliminary Assessment

   1. interview the offender and complete the Preliminary Assessment as outlined in Annex B of CD 705-1 – Preliminary Assessments and Post-Sentence Community Assessments within five working days of the offender receiving a federal sentence. Any exceptional circumstances (e.g., sentencing in a remote location) that delay these activities will be documented. When applicable, the institutional Parole Officer at the Intake Assessment Unit will carry out this task
   2. inform the offender about the federal correctional system as well as their rights and responsibility to initiate the section 84 release planning process
   3. ensure the offender has a clear understanding of these rights and responsibilities in regard to a section 84 release and in regard to their victim(s)
   4. document, via the Preliminary Assessment Report, an offender’s interest in pursuing a section 84 release as per Annex B of CD 705-1 – Preliminary Assessments and Post-Sentence Community Assessments

   Note: A “yes” response to section 84 will automatically generate the section 84 flag in OMS. The activation of the OMS flag alerts the Case Management Team members of the offender’s interest in a section 84 release.

   When conducting a Post-Sentence Community Assessment

   5. complete the Post-Sentence Community Assessment within 40 days from the date of admission to federal custody, as per Annex C of CD 705-1 – Preliminary Assessments and Post-Sentence Community Assessments
   6. consult with the Indigenous Community Development Officer to determine if protocols have been established with the community and if resource persons have already been identified
   7. if the Post-Sentence Community Assessment is conducted in an Indigenous community, meet with Indigenous governing body leaders or representatives
   8. where appropriate, inform the Indigenous governing body of:
      1. the intent and purpose of the CCRA section 84 release planning process
      2. its role within the process through communication with the Indigenous Community Development Officers
      3. the importance of working closely with the Case Management Team and the offender in the development of a suitable release plan
      4. the importance of working closely with the Case Management Team supervising the offender following their release to ensure the release plan is implemented

   When part of the section 84 release planning process

   9. assume the responsibilities of the Indigenous Community Development Officer when one is not available, including attending the meeting with the Indigenous governing body
   10. work with the Indigenous Community Development Officer and consult with the institutional Parole Officer, the Elder and the Indigenous Liaison Officer in developing a release plan that is consistent with the Continuum of Care (if applicable) and the offender’s Correctional Plan
   11. if the release plan includes interaction between the offender and their registered victim(s), consult Victim Services
   12. review the Indigenous Community Development Officer’s completed Community Assessment.
6. The Indigenous Community Liaison Officer will provide assistance and guidance to all offenders who apply for release under section 84 of the CCRA.
7. The offender is expected to:
   1. inform the community Parole Officer at the Preliminary Assessment of interest in pursuing a section 84 release
   2. inform their Case Management Team, as soon as possible, of interest in pursuing a section 84 release
   3. write a letter, to initiate the process, expressing interest in release to a specific Indigenous community (Annex B) and complete the Consent for Disclosure of Personal Information – (Inmate) form (CSC/SCC 0487)
   4. give their letter addressed to the Indigenous community and the consent form to the Indigenous Liaison Officer to be forwarded to the institutional Parole Officer
   5. actively participate in the consultation process with CSC and the Indigenous governing body representatives in developing a suitable release plan
   6. demonstrate commitment for reintegration into the community by following their Correctional Plan, including healing components (if applicable) and fulfilling their responsibilities toward their victim(s) who live(s) in the community
   7. send a second letter to the Indigenous governing body representative(s) (Annex D), if there is a positive community response to the first letter, to further introduce himself/herself (if required). The offender will inform the institutional Parole Officer and/or the Indigenous Liaison Officer once this follow-up letter has been completed. The information provided in this letter may include, but is not limited to:
      1. place of incarceration
      2. nature of criminal history
      3. activities while incarcerated
      4. activities prior to incarceration
      5. community support
      6. reasons for wanting to go to the Indigenous community
      7. details of their release plan.
8. In the case of offenders who are serving long or indeterminate sentences, they are encouraged to remain in contact with the Indigenous community during their incarceration.

Acting Senior Deputy Commissioner,

Original signed by:

Fraser Macauley

Annex A
Cross-References and Definitions

CD 001 – Mission, Values and Ethics Framework of the Correctional Service of Canada
CD 700 – Correctional Interventions
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 705-4 – Orientation
CD 705-5 – Supplementary Assessments
CD 710 – Institutional Supervision Framework
CD 710-1 – Progress Against the Correctional Plan
CD 710-3 – Temporary Absences
CD 712 – Case Preparation and Pre-Release Framework
CD 712-1 – Pre-Release Decision-Making
CD 712-3 – Parole Board of Canada Reviews
CD 712-4 – Release Process
CD 715 – Community Supervision Framework
CD 715-1 – Community Supervision
CD 715-2 – Post-Release Decision Process
CD 715-3 – Community Assessements
CD 719 – Long-Term Supervision Orders
CD 726 – Correctional Programs
CD 784 – Victim Engagement
CD 785 – Restorative Opportunities Program and Victim-Offender Mediation Services

Parole Board of Canada Decision-Making Policy Manual for Board Members

Indigenous: an inclusive term referring to the descendants of the original inhabitants of Canada – Indians, Métis, and Inuit – three separate peoples with unique heritages, languages, cultural practices, and spiritual beliefs. The term can also be used to reference any one of the three groups.

Indigenous community: a First Nation, tribal council, band, community, organization or other group with a predominantly Indigenous leadership.

Indigenous Community Development Officers: officers who work with offenders interested in returning to their communities under sections 84 and 84.1 of the CCRA. They build positive partnerships with Indigenous communities and work with both offenders and their communities to develop viable and culturally sensitive release plans. These release plans are part of the decision-making process for releases to the community. This helps to ensure that support systems are in place for offenders on return to the community. As part of the offender's Case Management Team, the Indigenous Community Development Officers work closely with other CSC staff (e.g., Parole Officers, Psychologists, Elders and Indigenous Liaison Officers) to ensure all relevant information regarding the offender and their planned reintegration is properly shared.

Indigenous Community Liaison Officers: officers who work to improve reintegration opportunities for Indigenous offenders in the community. They develop an extensive network of resource persons and service providers within and outside the Public Service in order to establish relationships for the provision of services to Indigenous offenders. They act as a bridge between CSC institutions and the community, particularly for offenders on statutory release. They identify needs and resources available to offenders and monitor, support and motivate Indigenous offenders. They also work with Elders of the community to facilitate, organize and coordinate traditional and spiritual ceremonies, social activities, and Indigenous cultural programs.

Indigenous governing body: means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982.

Indigenous Liaison Officers: as part of the Case Management Team, they help ensure the offender's cultural and spiritual needs are understood and support Elders/ Spiritual Advisors in their work. They also help offenders understand the rules for corrections and conditional release. They ensure that Case Management Teams are up to date on the offenders' ongoing work with Elders/Spiritual Advisors.

Indigenous organization: means an organization with predominantly Indigenous leadership.

Indigenous social history: the various circumstances that have affected the lives of most Indigenous people. These circumstances, as well as culturally appropriate/restorative options are part of the decision making process for all Indigenous offenders. Consideration of the Indigenous social history applies only to Indigenous offenders (not to non-Indigenous offenders who choose to follow the Indigenous way of life). These circumstances include the following (note that this is not an exhaustive list):

• effects of the residential school system
• sixties scoop into the adoption system
• effects of the dislocation and dispossession of Inuit people
• family or community history of suicide
• family or community history of substance abuse
• family or community history of victimization
• family or community fragmentation
• level or lack of formal education
• level of connectivity with family/community
• experience in the child welfare system
• experience with poverty
• loss of or struggle with cultural/spiritual identity.

Long-term offender: an offender who receives a long-term supervision order which follows warrant expiry date (or earned release date for provincial/territorial sentence) for a period not exceeding 10 years.

Long-term supervision order: an order imposed by the court as a sentencing option to an offender designated as a dangerous offender pursuant to section 753 of the Criminal Code or as a long-term offender pursuant to section 753.1 of the Criminal Code. The offender who has received such an order is supervised in accordance with the CCRA. The long-term supervision order commences when the offender has finished serving all sentences for offences for which they have been convicted. The period of supervision to which the offender is subject at any time must not total more than 10 years.

Section 84 of the CCRA: this section places a legal responsibility on CSC to provide the Indigenous community with the opportunity to participate in the release planning process whenever an inmate expresses an interest in being released to an Indigenous community. It is a consultation process that engages Indigenous governing bodies in release planning for offenders to be released to their community.

Section 84.1 of the CCRA: this section places the same legal responsibility on CSC as section 84 whenever an offender who is required to be supervised by a long-term supervision order expresses an interest in being supervised in an Indigenous community.

Annex B
Sample Letter from Offender to Initiate the Section 94 Process

[Date]

[Name of Indigenous community]
Attention: [Chief and Council, Mayor or other]
[Address]
[City and Province]
[Postal Code]

Dear [Chief and Council, Mayor or other]:

I am writing to you in regard to section 84 of the Corrections and Conditional Release Act (CCRA), which states:

84. If an inmate expresses an interest in being released into an Indigenous community, the Service shall, with the inmate’s consent, give the Indigenous community:
(a) adequate notice of the inmate’s parole review or statutory release date, as the case may be; and
(b) an opportunity to propose a plan for the inmate’s release and integration into that community.

Section 84 of the CCRA allows for Indigenous communities to participate in the release planning and reintegration of their members before and after they are released.

Upon my release, I am planning on returning to my community [or name of community] and I am seeking your assistance with my release and reintegration plans. I would appreciate if you would support me by appointing a representative from the community to assist me with the process.

I am committed to re-establishing myself in the community. I would like to provide you with further details about myself, my plans, and ways in which you can facilitate this process. Please respond to this request in writing at the address provided below.

I look forward to your reply.

Yours sincerely,

[Offender’s name]
[Address]
[City and Province]
[Postal Code]

c.c.: Institutional Parole Officer
Area Director
Indigenous Community Development Officer
File

Annex C
Sample Letter from Institutional Parole Officer/Indigenous Community Development Officer to inform Community of Section 84 Process

[Date]

Attention:
[Address]
[City, Province]
[Postal Code]

Dear [Sir or Madam]:

I am writing to provide you with some information about section 84 of the Corrections and Conditional Release Act (CCRA).

You should have received a letter from [XXXX] who is an offender at [XXXX] Institution. (A copy of this letter is attached for your convenience.) Offender [XXXX] has been sentenced to a period of incarceration in a federal institution. They will be eligible to apply to the Parole Board of Canada for day parole on [XXXX] and to apply for full parole on [XXXX]. If they are denied parole, eventually they will be eligible for statutory release to the community.

In order to be safely released into the community, the Parole Board of Canada will consider a number of factors. An important factor is the work they have undertaken while in the institution to address the factors leading up to their criminal behaviour in order to reduce the risk of committing another offence. Other factors are the community environment to which they will be released and the programs, services, and support that will be available in the community.

Section 84 of the CCRA makes special provision for offenders applying for release to an Indigenous community. It says that when an inmate is interested, the Correctional Service of Canada, with the offender’s consent, will inform the Indigenous governing body of this application and provide the community with an opportunity to propose a plan for their release into the community. I have attached a brochure that provides more information on section 84 as well as a series of questions and answers to help you understand how the process works.

Section 84 does not obligate the community to prepare a plan; however, we believe that good community involvement and support for an offender are important to their success on release. I encourage you to work with them and me in preparing such a plan. To give you an idea of what such a plan might involve, I have attached a copy of a guide designed to assist communities in the process.

Please feel free to contact me if you have any questions. I can be reached at [XXX-XXX-XXXX].

Yours sincerely,

[Name]
[Institutional Parole Officer or Indigenous Community Development Officer]

Attachment: Section 84 Information Package

Annex D
Sample Letter from Offender to Community Following Community Response to Letter

[Date]

[Name of Indigenous community]
Attention: [Chief and Council, Mayor or other]
[Address]
[City, Province]
[Postal Code]

Dear [Chief and Council, Mayor or other]:

Further to your letter dated [insert date of correspondence] regarding section 84 of the Corrections and Conditional Release Act (CCRA), I am providing you with information about myself, my offence [optional], and my future plans. I have also attached a letter of support from [name and title].

Prior to my incarceration, I [include where you lived and what you were doing]. Currently, I am incarcerated at [name of institution] for the following offence(s) [state offence type(s) – optional]. I have been involved in a number of programs and activities since my arrival, including: [list programs and activities]. This has allowed me to [discuss what you have learned from these programs and activities and what impact they have had on you].

I look forward to returning to my community because [list some reasons why you want to return (or go) to the community and what are your intentions]. My plans for my release and reintegration include [list other plans such as employment, training, education, programs, personal growth/development, spiritual development (access to the Elders of the community, ceremonies, others)]. I will require some assistance with preparing and carrying out these plans.

In order to have access to relevant and appropriate information pertinent to my release and reintegration plans under section 84 of the CCRA, I have attached a consent form for information deemed appropriate through consultation with my Case Management Team, to support the planning of my release and reintegration.

I look forward to further corresponding with you on this matter.

Yours sincerely,

[Offender’s name]
[Address]
[City, Province]
[Postal Code]

c.c.: Institutional Parole Officer
Area Director
Indigenous Community Development Officer
File

Annex E
Steps in the Section 84 Release Planning Process

The following 13 steps provide general direction to staff on the usual order of the section 84 release planning process. Staff must always remain aware and respectful of the customs of the Indigenous community involved. Differences in local practices, and unexpected circumstances may require flexibility in following these procedures.

1. The community Parole Officer will:
   1. interview the offender and complete the Preliminary Assessment as outlined in Annex B of CD 705-1 – Preliminary Assessments and Post-Sentence Community Assessments within five working days of the offender receiving a federal sentence. Any exceptional circumstances (e.g., sentencing in a remote location) that delay these activities will be documented. When applicable, the institutional Parole Officer at the Intake Assessment Unit will carry out this task
   2. inform the offender about the federal correctional system as well as their rights and responsibility to initiate the section 84 release planning process
   3. ensure the offender has a clear understanding of these rights and responsibilities in regard to a section 84 release
   4. document, via the Preliminary Assessment Report, an offender’s interest in pursuing a section 84 release as outlined in Annex B of CD 705-1 – Preliminary Assessments and Post-Sentence Community Assessments.

2. The community Parole Officer will:
   1. consult with the Indigenous Community Development Officer, prior to going to the Indigenous community, to determine if protocols have been established with the community and if resource persons have already been identified. This will help maintain good relations with the community
   2. complete the Post-Sentence Community Assessment within 40 days from the date of admission to federal custody as per Annex C of CD 705-1 – Preliminary Assessments and Post-Sentence Community Assessments
   3. meet with Indigenous community leaders or representatives
   4. where suitable, inform the Indigenous governing body of:
      1. the intent and purpose of the CCRA section 84 release planning process
      2. its role within the process through communication with the Indigenous Community Development Officers
      3. the importance of working closely with the Case Management Team and the offender in the development of a suitable release plan
      4. the importance of working closely with the Case Management Team supervising the offender following their release to ensure the release plan is implemented
      5. the importance of considering the presence and protection of the offenders’ victim(s) throughout the process.

3. The institutional Parole Officer will:
   1. ensure the intake assessment and correctional planning process is completed in accordance with CD 705 – Intake Assessment Process and Correctional Plan Framework
   2. following an offender’s admission to a federal facility, confirm with the offender during the intake process that they have been briefed on the section 84 release process, and provide any additional information as required with attention to the presence and protection of victim(s) living in the community to which the offender is asking to be released
   3. inform the offender that the sooner they involve the Indigenous governing body in the process, the more time the Indigenous governing body will have to consider and assist in developing an effective and meaningful release plan
   4. notify the Indigenous Liaison Officer and the appropriate Indigenous Community Development Officer as soon as possible when an offender has indicated an interest in a section 84 release to an Indigenous community
   5. ensure that the current status of the section 84 OMS flag is appropriately entered in OMS. The activation of the OMS flag alerts the Case Management Team members that the offender is interested in a section 84 release. At any time during their incarceration, an offender can express their interest in pursuing, or change their mind about pursuing, a section 84 release. The flag should be deactivated if the offender is no longer interested in the section 84 process.

4. The institutional Parole Officer will:
   1. confirm the offender is interested in pursuing a section 84 release prior to initiating any pre‑release case preparation
   2. review the offender’s letter to the Indigenous governing body and the signed Consent for Disclosure of Personal Information – (Inmate) (CSC/SCC 0487). This consent form allows CSC to disclose information regarding the offender’s case to the identified contacts in the Indigenous governing body and forward the copy of the letter and the signed Consent for Disclosure of Personal Information – (Inmate) (CSC/SCC 0487) to the Area Director and Indigenous Community Development Officer of the release destination.
5. The Indigenous Liaison Officer will:
   1. assist the offender in preparing, if required, a letter to the Indigenous governing body representative(s) (Annex B)
   2. in consultation with the Indigenous Community Development Officer, assist the offender in identifying the appropriate community contacts (Chief and Council, Métis Local, Urban Council, Justice Committee, Mayor, etc.)
   3. forward the offender’s letter and the signed Consent for Disclosure of Personal Information – (Inmate) (CSC/SCC 0487) to the institutional Parole Officer to review for relevant and appropriate content.
6. The offender will:
   1. prepare a letter to the community, in a timely manner, in consultation with the Indigenous Community Development Officer, the institutional Parole Officer and/or the Indigenous Liaison Officer (Annex B)
   2. sign the Consent for Disclosure of Personal Information – (Inmate) (CSC/SCC 0487), which allows CSC to disclose information regarding their case to the identified Indigenous governing body representative(s)
   3. when applicable, write a second letter (refer to Step 6 and Annex D).

7. The Indigenous Community Development Officer will:
   1. be aware of the protocols of the Indigenous community. If required, meet with the offender, Indigenous Liaison Officer, and institutional Parole Officer prior to contact with the community in order to receive or share any relevant information on community protocols
   2. prepare a letter to the Indigenous community representative(s), if necessary, to inform them about a section 84 release, and of an offender’s interest in engaging the Indigenous community in the release process. The letter will provide relevant information about the process and will assist the Indigenous governing body in making a decision to support the offender (Annex C)
   3. prepare a package for the Indigenous community representative(s) that will include, but is not limited to, the following documents:
      1. the offender’s letter to the community (Annex B)
      2. the Consent for Disclosure of Personal Information – (Inmate) (CSC/SCC 0487)
      3. the Indigenous Community Development Officer’s letter to the community (Annex C)
      4. the booklet entitled “The Path Home: Release Planning Kit,Section 84 of the Corrections and Conditional Release Act”
   4. schedule a meeting with the Indigenous community, if required, to present the section 84 information package in person
   5. inform the community Parole Officer Supervisor and the community Parole Officer of a meeting with the community. The community Parole Officer should normally be present during the presentation to provide comments concerning case management issues and to establish a relationship with the Indigenous community representative(s)
   6. provide the information package to the Chief and Council or appropriate Indigenous governing body representative(s), if it was not previously sent to the community, including the protection of the offender’s victim(s) living in the community
   7. make a brief presentation to the community on the section 84 release process. This presentation should be made in person when possible, but can be accommodated by teleconference or by videoconference if required
   8. be aware that the Indigenous community representative(s) may call on other community members to say a few words about the offender if they have a previous knowledge of them
   9. if no presentation takes place, make the appropriate arrangements for sending the section 84 package to the Indigenous community representative(s)
   10. notify the Indigenous governing body contact or band office via email or telephone that this information package has been sent to be reviewed by appropriate agency head
   11. respond to any questions the Indigenous community representative(s) may have
   12. collect all information related to confidentiality after meeting with the community representatives/review committee
   13. follow up with the Chief and Council or decision maker for the Indigenous community to obtain a response in writing, where possible, to the offender’s section 84 letter
   14. the deadline for the response should be agreed upon between the Indigenous Community Development Officer and the Chief and Council or Indigenous community representative(s). The response should normally be received within one or two months
   15. document all related section 84 activities in a Casework Record in OMS. This will include, but is not limited to, activities related to the community presentation, consultations with the offender, CSC staff, and the Indigenous community representative(s).

Note: The sharing of offender information with those who are not listed on the Consent for Disclosure of Personal Information – (Inmate) form (CSC/SCC 0487) is not allowed given privacy issues, even if the members appear to be well-meaning family or community members (see CD 701 – Information Sharing).

Note: Escorted temporary absences or unescorted temporary absences may be authorized to allow the offender to visit the Indigenous community. This will provide the offender and the Indigenous community representative(s) the opportunity to meet, prepare a release plan or participate in a healing circle if necessary. As well, Indigenous community representatives may visit the offender during incarceration or other methods of communication may be used (e.g., phone calls).

8. The Indigenous Community Development Officer will:
   1. follow up with the Indigenous community if no response is received
   2. upon receiving a response from the Indigenous community, whether it wants to be part of the section 84 process or not, share this information with the offender, the institutional Parole Officer, the Indigenous Liaison Officer, and the community Parole Officer
   3. document this information in a Casework Record. The community response should be documented using section 84 code, the type of interaction/information
   4. if the offender sends a second letter to the community, present the letter to the Indigenous community representative(s).

Note: If the Indigenous community does not wish to engage in the process, the process will end for that Indigenous community; however, alternative release plans should be considered in consultation with the offender and the Case Management Team. The offender may also initiate another section 84 process with a different Indigenous community.

9. The offender will:
   1. send a second letter to the Indigenous community representative(s) (Annex D), if there is a positive community response to the first letter, to further introduce himself/herself. The information provided in this letter may include, but is not limited to:
      1. place of incarceration
      2. nature of criminal history
      3. activities while incarcerated
      4. activities prior to incarceration
      5. community support
      6. reasons for wanting to go to the Indigenous community
      7. details of release plans
   2. inform the institutional Parole Officer and/or the Indigenous Liaison Officer once this follow-up letter has been completed.

10. The Indigenous Liaison Officer will:
    1. help the offender (if required) write a second letter (Annex D) to the community
    2. forward the offender’s letter to the institutional Parole Officer to review for relevant and appropriate content
    3. forward the letter reviewed by the institutional Parole Officer to the Indigenous Community Development Officer and the Area Director of the release destination.

11. The institutional Parole Officer will review the second letter (Annex D) to ensure it contains relevant and appropriate information.

Notes: This second letter is not always required. If the offender is aware of the contact person in the Indigenous community and is comfortable sending personal information when sending the initial section 84 letter, this step may be skipped.

Offenders who are serving long or indeterminate sentences should remain in contact with the Indigenous community.

12. The Indigenous Community Development Officer, in collaboration with the community Parole Officer, will:
    1. contact the Indigenous community representative(s) to set up further meetings to discuss the release plan. It is also important to remember that the definition of Indigenous community may be different in the case of urban releases in comparison with rural/northern releases. Some communities may choose to establish a section 84 review committee. For example, members of the review committee may include the following individuals from the Indigenous community:
       1. Justice Committee members
       2. Elders/Spiritual Advisors of the community
       3. Social Development Teams
       4. Chief and Council
       5. community support agencies
       6. Mayor (many Inuit communities have a Mayor in charge of the community rather than a Chief)
    2. discuss the composition of a section 84 review committee with the Indigenous community representative(s) if the Indigenous community wants such a committee
    3. ensure that the review committee/community representative(s) has the authority to speak on behalf of the Indigenous community
    4. ensure the Consent for Disclosure of Personal Information – (Inmate) form (CSC/SCC 0487) contains the names of the members of the review committee so that there is no breach of confidentiality
    5. meet with the review committee, or community representatives, to assist with developing a release plan and review relevant information pertaining to the offender. This includes, but is not limited to, the Criminal Profile, the Correctional Plan with healing components, treatment reports, Community Assessments, psychological/psychiatric assessments, Elder Reviews and/or any other report that would provide relevant information
    6. guide the Indigenous community representative(s)/review committee during this process, ensuring the Indigenous community is aware that the release plan is developed and implemented to support and assist the offender to reintegrate in the community. The release plan should not be completed in isolation; it should include communication with the offender and Case Management Team as required
    7. inform the community that the release plan should consider the following elements, as relevant:
       1. programs and resources (e.g. Elders of the community, AA meetings, and Social Workers)
       2. employment opportunities
       3. community support
       4. safety issues
       5. monitoring offender activities
       6. accommodations
       7. victim considerations
       8. health care and mental health services
    8. ask the Indigenous community representative(s)/review committee to consider, in developing the release plan, the progress the offender has made in meeting the objectives identified in their Correctional Plan
    9. ask the Indigenous community representative(s)/review committee to indicate what the community’s expectations are of the offender
    10. inform the Indigenous community of the importance of working closely with the Case Management Team supervising the offender following their release to ensure the release plan is implemented
    11. hold many consultations and/or meetings with the offender, the Indigenous community representatives/review committee, and the Case Management Team to assist with release planning. Consultations can also involve other CSC representatives.

13. The Indigenous Community Development Officer will:
    1. complete the Community Assessment Report as per Annex C of CD 715-3 – Community Assessments as soon as possible so as not to delay the completion of the Community Strategy and the Assessment for Decision. The results of the Community Assessment will be incorporated into the Community Strategy and the Assessment for Decision
    2. ask the Parole Officer Supervisor, in the area where the offender is planning to be released, to review and lock the Community Assessment. The report is then share-printed to the Parole Board of Canada (if required).

14. The Indigenous Community Development Officer, in consultation with the community Parole Officer, will:
    1. arrange a meeting, in the institution or healing lodge, with the offender, the institutional Parole Officer, the Elder and the Indigenous Liaison Officer (if appropriate) to review the release plan. Representatives from the Indigenous community may also be present
    2. contact the Indigenous community representative(s)/review committee for consultation if any amendments are required to the release plan
    3. submit the release plan to the community representative(s)/review committee for approval.

15. The institutional Parole Officer will complete a Correctional Plan Update for the purpose of pre‑release planning. A summary of the proposed release plan will be included in the Correctional Plan.

Note: Enter the offender’s Indigenous release community under "Section 84 Location" in OMS when requesting the Community Strategy. There must be a section 84 flag activated for the offender in order to enter a "Section 84 Location" in the Correctional Plan. Enter "S. 84 – Indigenous Community" in the field “Consultation”, as opposed to "CSC - Correctional Service" for a non-section 84 release process, to create a decision number in OMS under "Application/Decision Processing" for the proposed release.

16. The community Parole Officer will:
    1. integrate the proposed release plan into the Community Strategy
    2. consult with the Indigenous Community Development Officer when completing the Community Strategy and Assessment for Decision
    3. complete the Community Strategy and Assessment for Decision as per Annex E and Annex H of CD 712-1 – Pre-Release Decision-Making within the prescribed timeframe. Where appropriate, institutional Parole Officer will complete the Assessment for Decision.

Note: When the institutional Parole Officer or community Parole Officer chooses "S. 84 – Indigenous Community" in the "Consultation" field screen in OMS, it will allow for the tracking of section 84 offenders. This step must also be completed for all subsequent decisions related to the offender’s section 84 process. When an offender requests a change in supervision location, a section 84 release plan may be developed in conjunction with the new Community Strategy request.

17. Parole Board of Canada reviews are described in CD 712-3 – Parole Board of Canada Reviews and can include Elder-assisted hearings
18. There may also be an opportunity for a community-based hearing to occur with the agreement of the Parole Board of Canada, the Indigenous community representative(s), and the offender. This type of hearing takes place within the Indigenous community and allows all community members to attend and witness the process. A circle process is usually used for these hearings.

19. The release plan developed as a result of the section 84 release process will, in part, determine the way supervision will be carried out. Parole Officers will ensure that policies and legal requirements are adhered to; at the same time, they will respect the unique release plan that was developed.
20. The Indigenous Community Development Officer will:
    1. prior to or shortly after an offender has been released, if beneficial and feasible, arrange a meeting between representatives of the Indigenous community, the offender, the community Parole Officer, the Indigenous Community Development Officer and appropriate family members/community support members to outline everyone’s role in the release
    2. end their case assignment in OMS once a section 84 offender has been released.
21. The community Parole Officer will conduct collateral contacts with the Indigenous community representative(s) to ensure that the offender’s release is progressing as planned.
22. The section 84 release plan is in effect until:
    1. the offender’s release is suspended
    2. the offender reaches warrant expiry date
    3. the offender completes a long-term supervision order
    4. the offender withdraws from the process, or
    5. the Indigenous community withdraws from the process.

Notes: The "Section 84 Location" field within the "Supervision Information and Certificate" screen in OMS should be entered at the time the supervision certificate is created. A section 84 status cannot be attached to this release certificate unless a section 84 flag has already been activated in OMS. Once the flag is entered and section 84 is identified on the release certificate, an Indigenous community location must be identified.

If the Indigenous community location is not already in OMS, it can be entered in the OMS Utilities menu by the regional OMS specialist.

23. The CSC parole office remains the authority with regard to decisions on the offender’s release. The authority for suspending an offender released under section 84 remains the same as for any other offender on release (refer to CD 715-2 – Post-Release Decision Process). This includes community consultation and notification. Should a cancellation of the suspension be considered and a review and update to the release plan be required, the Indigenous Community Development Officer and the Indigenous community representative(s) will be consulted and involved in this review.