Interim Policy bulletin 613

Commissioner’s Directive (CD) 581 – Violations of the Law by Inmates

As a result of recommendations from several Boards of Investigation, revisions were made to clarify the circumstances requiring the reading of the “Police Warning and Charter” to inmates. The changes pertain to paragraph 7 of the CD.

The following changes are effective immediately, and will be reflected in the CD when it is updated.

Paragraph 7 has undergone the following revisions:

The subsection “Charter of Rights” has been reworded as “Right to Counsel”, and the text edited to suit the CSC context.

Right to Counsel

“I am arresting (or detaining) you for (describe the offence in ordinary language).

It is my duty to inform you that you have the right to retain and instruct legal counsel without delay. You have the right to telephone any lawyer you wish. You also have the right to free legal advice from a legal aid lawyer or duty counsel.

You have the right to apply for legal assistance without charge through the provincial legal aid program.”

At this point, the CSC staff member should provide accurate information on the local availability of duty counsel/legal aid. This information should include at a minimum: (1) when duty counsel/legal aid is available, and (2) the contact number of duty counsel/legal aid.

“Do you understand?”

“Do you wish to call a lawyer now?”

The subsection “Police Warning” has been reworded as “Caution”, and the text modified.

Caution

“I wish to give you the following warning:”

“You are not obliged to say anything unless you wish to do so, but whatever you do say may be used against you as evidence.”

“Do you understand? ”

“If you have spoken to any other Correctional Service of Canada staff member or Police Officer or if anyone in a position of authority has spoken to you in connection with this matter, I want it clearly understood that I do not want it to influence you in making a statement.”

“Do you understand?”

The Interim Policy Bulletin was developed by the Preventive Security and Intelligence Branch, in consultation with Legal Services and the Strategic Policy Division.

All CSC staff responsible for administrating the warnings and/or obtaining statements from individuals who have committed or are suspected of having committed a crime, to ensure due process is established.

All CSC management and staff are responsible to ensure compliance.