Jury Recommendations into the death of Terry Baker

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Oversight and accountability

Recommendation 1

That the Minister of Public Safety and the Commissioner of the Correctional Service Canada (CSC) publicly acknowledge that:

  1. Its institutions are not an appropriate setting to house persons in custody who have severe form of mental illness and/or who are at risk of suicide or self-harm; and
  2. Self-injurious behaviours and suicide attempts by persons in custody be considered and treated first and foremost as requiring a health-focused response, not a security-directed response.
Response to Recommendation 1

Public Safety (PS) and CSC recognize the challenges of providing health care in a carceral setting and always strive to identify and address areas in need of improvement. Inmates present with some of the most complex needs in our society. Institutional staff and health care professionals also need to be conscious of the serious safety and security risks presented by many inmates. Despite these significant challenges, the CSC is proud to offer high quality health-care services to federally incarcerated inmates and seeks to continuously improve our service delivery model.

CSC is mandated by the Corrections and Correctional Release Act (CCRA) to provide federal inmates with essential health care services, as well as reasonable access to non-essential care, that conform with professionally accepted standards. CSC’s Health Services are accredited by Accreditation Canada, the same organization that provides accreditation to hospitals and other services across the country. The delivery of care is provided by health care professionals who are registered or licensed in Canada including: physicians, nurses, psychiatrists, social workers, occupational therapists and psychologists.

CSC institutions have a continuum of care to provide services to inmates with mental health needs:

Primary mental health services are provided in parallel to the wider correctional planning and institutional supervision frameworks and help to address the multiple needs with which offenders with mental disorders present. Given the shared responsibility across sectors and stakeholders to address these needs, interdisciplinary mental health care teams collaborate with other institutional resources to provide a holistic and coordinated response for offenders with mental disorders. A spectrum of mental health services is offered, including group and individual interventions in the areas of mental health promotion, prevention and early intervention, assessment and individualized treatment planning, and evidence-based treatment and support services provided in a manner respectful of diversity (i.e. Indigenous and women offenders).

Intermediate mental health care units (IMHCUs) serve to bridge the gap between primary mental health care and CSC Treatment Centres. The goal of IMHCUs is to address the needs of offenders which exceed the services provided at a primary level of care within regular institutional settings, but whose mental health problems are not so severe as to require care in a psychiatric facility (i.e. Regional Treatment Centre). IMHCUs provide safe, structured, supportive care beyond what can be offered through primary mental health care services to meet the needs of this group.

Treatment Centres - health care units in each CSC Region - are staffed by licensed health care professionals who provide services to inmates in keeping with community standards. Treatment Centres provide treatment for acute and sub-acute mental health needs. Intensive mental health services coupled with effective communication and collaboration between Treatment Centres and institutional staff are used to address the acute and sub-acute mental health needs of offenders. Treatment plans support the transition of the offender to an appropriate level of care while maintaining the continuum of care to meet the offender's level of need. A review of Treatment Centres is currently underway which will identify opportunities for improvement.

CSC also works with community health care providers to provide additional treatment options for inmates who could benefit from these services. However, it is important to note that experts differ on whether hospitalization is the most appropriate option for inmates with Axis II disorders, including Borderline Personality Disorder (BPD). For example, expert witnesses during the Senate Committee hearings, as well as through the Coroner’s Inquest, highlighted that treatment in a community hospital is not a panacea, treatment and resources available for individuals with BPD within CSC can be clinically preferred to those offered in an inpatient community-based setting, and that hospital environments can often worsen severe BPD symptoms for some individuals.

CSC recognizes that the etiology and symptomatology of BPD are multi-faceted, and that it is a common diagnosis in many complex, high needs offenders presenting with self-harm and suicidal behaviour. Since December 2012, CSC has worked in partnership with Canada’s largest mental health and addiction teaching hospital, the Center for Addiction and Mental Health (CAMH), to provide ongoing consultation in the delivery of Dialectical Behaviour Therapy (DBT), a treatment modality long recognized as a leading model for individuals with BPD. Furthermore, in 2022, CSC published a Clinical Handbook for Borderline Personality Disorder, developed under the leadership of CSC’s National Senior Psychiatrist and based on current best practices. Finally, in April 2023, CSC started implementing training on the Integrated Modular Treatment (IMT) for Personality Disorder, an evidence-based treatment modality that is complementary to DBT. The IMT training is currently being offered by external experts to CSC healthcare professionals working in treatment centres and IMHCUs.

Clinical support is also available to teams working with inmates with mental health needs, including BPD, through regional and national committees such as the National and Regional Person-Centered Health Committees, which provide support to care teams on the management of complex cases to support an effective continuum of care to patients in federal custody. CSC Health Services has also implemented a professional practice model with the objective of strengthening the integration of professional standards and development, consistent with existing policies. In each region, professional practice leads for psychology, nursing, occupational therapy, and social work are now in place and are essential to CSC’s effort to meet high standards for the treatment of inmates presenting with various mental health needs, including those with BPD.

Response to Incidents of Self-Injurious Behaviours:

CSC has a legal duty to intervene in order to preserve life and prevent serious bodily harm. Notwithstanding the need for immediate intervention, incidents of self-injurious behaviour are understood first and foremost as a health-related concern requiring health intervention. CSC staff are trained to communicate with inmates in distress, to ensure intervention options are appropriate, and to continuously reassess their use during the interaction. This includes engaging in open communication with the inmate, and actively monitoring their physical and mental health status.

In January 2018, Commissioner’s Directive 567, Management of Incidents, was updated to include the Engagement and Intervention Model (EIM). The EIM guides staff in collaborative, risk-based actions to prevent, respond to, and resolve health and security incidents. The application of the EIM takes into consideration the inmate’s mental and/or physical health and well-being, while balancing the safety of other persons and the security of the institution. 

Based on the circumstances of a given incident, staff respond using an interdisciplinary team approach. When evaluating a response, staff will consider the many partners available to facilitate collaborative and appropriate interventions. When health needs are identified and Health Services professionals are on site, they will assume responsibility for the overall management of any required health interventions as soon as they arrive on scene. Should the use of observation or restraint be required as a last resort for the purpose of preserving life and preventing serious bodily harm in response to self-injury, this is completed in accordance with Commissioner’s Directive 843, Interventions to Preserve Life and Prevent Serious Bodily Harm. As per this Directive, the use of enhanced observation and restraint are only used after all reasonable efforts to use alternative, less-restrictive measures and de-escalation strategies have been considered or implemented and assessed as not effective. All uses in this regard include ongoing assessment by health care professionals.

In 2019, CSC also developed a national Suicide Prevention and Intervention Strategy which provides direction for consistent responses to suicide prevention and intervention activities while also guiding the continuous development of policy, research, and staff learning/development. This Strategy outlines a range of prevention and intervention actions throughout the individual’s sentence. Consistent with this Strategy, CSC also implemented the Clinical Framework for Identification, Management, and Intervention for Individuals with Suicide and Self-Injury Vulnerabilities, which proactively identifies inmates who are more vulnerable to suicide based on a standardized assessment. Through this framework, CSC focuses on proactive and preventative measures, as opposed to a focus on crisis management, and has introduced safety planning as a tool to support both staff and the individual by identifying personalized supports and resources to help inmates when facing emotional difficulties. CSC is currently undergoing a review of its suicide and self-injury prevention framework, as it is now in its fifth year of implementation.  

PS and CSC have taken note of the Jury’s findings related to health services offered in CSC institutions and will consider them as part of our ongoing commitment to improving in this area.

Recommendation 2

CSC immediately implement in full the following recommendations from the Inquest touching on the death of Ashley Smith verdict dated December 13, 2013: Recommendations 6-9, 16-18, 35, 36, 39, 40, 46, 48, 49, 61, 73-75, 83, 86, 87, 91, 96-98, 102 and 103. The verdict from the Inquest touching on the death of Ashley Smith dated December 13, 2013, is attached as Appendix “A” to this verdict.

Ashley Smith (AS) recommendations 

AS-Recommendation 6

That CSC ensure nursing services are present on-site for inmates on a 24 hour per day, 7 day per week basis, as well as available to staff for consultation.

Response to AS-Recommendation 6

Please refer to Jury Recommendation 14.

AS-Recommendation 7

That CSC access community mental health services by developing partnerships with external mental health experts.

Response to AS-Recommendation 7

Liaising with external mental health resources is considered a key factor in achieving CSC’s priority to address the mental health needs of inmates and, as such, the organization continually engages with partners to support service delivery.

For example, CSC has a long-standing contract with the Ministère de la santé et des services sociaux du Québec for the provision of specialized psychiatric and forensic services in both official languages at the Philippe Pinel National Institute of Forensic Psychiatry (PPNIFP).

Since December 2012, CSC has held an annual agreement with Canada’s largest mental health and addiction teaching hospital, the Center for Addiction and Mental Health (CAMH) in Ontario. This partnership was initially established for the development of revised training material for Dialectical Behaviour Therapy (DBT), a comprehensive therapeutic intervention that involves learning and developing strategies to help deal with emotional regulation and problematic behaviour. CSC and CAMH have an annual agreement for the provision of ongoing consultation in the implementation of DBT. A partnership is also in place with the Royal Ottawa Hospital and PPNIFP for the provision of educational webinars on various topics related to mental health and forensic psychiatry.

In addition, with the assistance of our contracted National Senior Psychiatrist, CSC continues to develop productive relationships with diverse partners and stakeholders, including external hospitals. Mental health consultants are also contracted on an as needed basis for extensive case reviews of complex cases and clinical guidance. CSC is committed to exploring opportunities to work in close collaboration with external mental health experts on an ongoing basis, to ensure CSC continues to provide the highest standard of care in line with community standards.

AS-Recommendation 8

That there be adequate staffing of qualified, mental health care providers with expertise and experience in treating a population with mental health issues, self-injurious behaviours, suicidality, and trauma, at every women’s institution to provide services and supports to female inmates. These providers will include:

  1. Psychiatrists
  2. Psychiatric Nurses or Nurses
  3. The Chief Psychologist*
  4. Psychologists
  5. Social Workers
  6. Behavioural Counsellors** and/or Recreational Counsellors
  7. General Practitioners; and
  8. Other professional service providers, as required

*It is further recommended that, whether working in the position indeterminately or in an acting capacity, the Chief Psychologist must hold a Ph.D. in Clinical Psychology and be a member in good standing of the Ontario College of Psychologists (or provincial equivalent).
**It is further recommended that behavioural counsellors have qualifications to counsel in behaviour. Otherwise, it is recommended that the title of Behavioural Counsellor is amended to Behavioural Therapy Coordinator.

AS-Recommendation 8

Within CSC, health services are provided through an interdisciplinary approach, which involves team members from different disciplines working collaboratively, with a common purpose, to set goals, make decisions, and share resources and responsibilities. Such an approach requires that a team of clinicians from different disciplines, together with the offender, undertake assessment, diagnosis, intervention, goal setting, and the creation of a treatment plan. The delivery of care is provided by health care professionals who are registered or licensed in Canada, many of whom provide the same services in their local communities.

As in the community and consistent with professional standards, CSC provides mental health care based on an interdisciplinary team model; such teams include psychologists, nurses, physicians, social workers, occupational therapists, psychoeducators (in the Quebec Region), pharmacists, and/or psychiatrists. These professionals are trained in the delivery of mental health services and qualified to respond to the needs of offenders throughout their sentence as per their clinical judgment. Multidisciplinary health team members may also include non-registered health care staff working under the supervision of registered health professionals, such as behavioural science technicians or mental health officers. Health care teams also work in close collaboration with other service providers, such as behavioural counsellors, Elders, and ad hoc members as required and with the offender’s consent.

CSC’s recent implementation of the Person Health Care Home Model further reinforces the importance of the interdisciplinary team in building an Integrated Interdisciplinary Care Plan to help inmates achieve their identified health goals.

AS-Recommendation 9

That CSC expands the scope and terms of psychiatrists’ contracts to enable them to fulfill their duties in a meaningful way.

Response to AS-Recommendation 9

A significant investment portion of Bill C-83: an Act to amend the Corrections and Conditional Release Act (CCRA) and another Act, is dedicated to enhancing psychiatric services and diagnostic formulation at intake, primary and intermediate care settings, as well as Regional Treatment Centres. Enhancements to psychiatry clinics support assessment, diagnosis, and pharmacological treatment of inmates with mental illnesses, that contributes to lower levels of impairment thereby promoting recovery and preventing deterioration to more serious impairment and the need for more intensive treatment. The mandatory requirements for correctional psychiatry are the same as in the community and CSC psychiatrists work to the full scope of their profession and offer community-equivalent care to their federally incarcerated patients. The contracting requirements for qualifications of resources are consistent across the country with the use of national contracting templates.

The role of psychiatrists within CSC includes, among other things, to conduct psychiatric examinations and provide treatment to offenders including those who are certified; liaise with health care, case management and correctional program personnel, and participate in interdisciplinary team meetings; provide advice and recommendations to CSC staff regarding psychiatric care; participate in discharge and release planning as requested; develop care plans and discharge summaries in accordance with mental health service delivery guidelines; provide consultation to other health care providers to ensure continuity of care; provide consultation and advice on mental health services to the mental health team, or institutional management, or both as requested; participate in meetings including the Regional Medical Advisory Committee, case conferences, and other related activities as requested; and participate in the evaluation of the efficiency, quality and delivery of services.

Furthermore, CSC has also established contracted regional and national psychiatry leads whose role includes, among other things, to provide oversight and leadership for their discipline and to work in conjunction with CSC Regional and National Health Services management team and other members of the Healthcare Team to advance the healthcare of inmates.

CSC continually monitors staffing levels to address vacancies of all health professionals. It is important to note that recruitment of health professionals continues to be a challenge amid a Canada-wide health professional recruitment crisis, however, CSC has dedicated resources for outreach and other recruitment activities.

AS-Recommendation 16

That female inmates who have been identified as having serious mental health issues and/or self-injurious behaviours be promptly transferred to such a facility as soon as reasonably practicable.

Response to AS-Recommendation 16

As noted, CSC’s Person Health Care Home Model of care ensures inmates receive mental health services at a level of care that corresponds to their level of mental health need along a continuum of care from intake to warrant expiry, including primary mental health care, intermediate mental health care, and psychiatric hospital care/regional treatment centres. Presently, women inmates with mental health needs that have been assessed by a mental health professional as requiring more intensive support than can be provided through primary or intermediate mental health care can be referred for admission to the Regional Psychiatric Centre, in Saskatchewan, or the Philippe Pinel National Institute of Forensic Psychiatry, in Quebec.

AS-Recommendation 17

That such a facility or facilities be made available at least on a regional basis, and particularly in Ontario. It is urged that more than one federally-operated treatment facility is available for high risk, high needs women in the event that a major conflict occurs between the inmate and staff. Furthermore, and specifically, that existing male federally-operated treatment facilities be adapted to accommodate a wing for female inmates.

Response to AS-Recommendation 17

As noted above, CSC’s model of care ensures that patients receive mental health services at a level of care that corresponds to their individual level of mental health need along a continuum of care from intake to warrant expiry, including primary mental health care, intermediate mental health care, and psychiatric hospital care/regional treatment centres. Intermediate mental health care is provided to inmates who do not require admission to a hospital and whose needs exceed the level of care provided through primary care based on an assessment of the inmate’s significant impairment in level of functioning.

For minimum and medium security women offenders with mental health needs, intermediate level care is provided in Structured Living Environments, which have been established at each of the five women's facilities. These five units provide a more intense level of mental health services. For women classified as minimum or medium security, the Enhanced Support House provides multi-purpose and voluntary short-term supportive mainstream environment for inmates who require additional staff support and/or greater access to interventions. At these sites, women classified as maximum security live in secure units, where a high level of intervention and supervision is provided. Intermediate care is also available for maximum security women in the Secure Units and for all security levels at CSC’s Regional Psychiatric Centre in Saskatoon, Saskatchewan. Presently, women inmates with mental health needs that have been assessed by a mental health professional as requiring more intensive support than can be provided through primary or intermediate mental health care can be referred for admission at the Regional Psychiatric Centre, in Saskatchewan, or at the Philippe Pinel National Institute of Forensic Psychiatry, in Quebec.

AS-Recommendation 18

That CSC negotiate arrangements with provincial health care facilities to provide long-term treatment to female inmates who chronically engage in self-injurious behaviour or display other serious mental health problems. Further:

  1. that the Government of Canada sufficiently and sustainably funds the CSC to enter into such agreements;
  2. that this will include any and all capital and operating costs associated with the establishment of such facilities, and that the accommodation and treatment of female inmates therein will be the responsibility of CSC;
  3. that the focus of such a facility be on the preparation for treatment of, and treatment of, the inmate; and
  4. that a female inmate with mental health issues and/or self-injurious behaviour who is not consenting, and/or withdraws consent, to treatment remain in a pre-contemplative therapeutic environment for the purpose of allowing health care professionals to seek her consent to treatment.
Response to AS-Recommendation 18

Notwithstanding the existing in-patient capacity within the accredited CSC Regional Psychiatric facility in the Prairie Region, as well as the long-standing agreement with the Philippe Pinel National Institute of Forensic Psychiatry, CSC continues to explore avenues to better respond to the mental health needs of inmates. However, CSC cannot compel provincial hospitals to enter into exchange of service agreements, and, in the absence of such agreements, it is not possible to send inmates to an external psychiatric hospital for an indefinite term. CSC can only send inmates on escorted temporary absences for discrete treatments. Where there is no exchange of service agreement, and a second medical opinion is sought, CSC can contract a health care professional to conduct an examination and assessment of the inmate, either in the community or at a CSC institution. It is important to note, however, that CSC is not able to compel a provincial hospital to admit an inmate. Moreover, even under an exchange of service agreement, the provincial hospital determines admission and discharge based on their clinical admission and discharge criteria. As for issues regarding consent to treatment, this is governed by relevant health legislation and is not specific to or determined by CSC.

AS-Recommendation 35

That CSC amend its current policies to ensure that female inmates held in “seclusion” or “mental health observation” are recognized as being on “segregation status” and are therefore entitled to all relevant reviews.

Response to AS-Recommendation 35

As a point of precision, administrative segregation was abolished in 2019 following the passage of Bill C-83, therefore “segregation status” is no longer terminology in use in the Corrections and Conditional Release Act (CCRA), nor within CSC policies and guidelines. In the current iteration of the CCRA, inmates who cannot be maintained in the mainstream inmate population for security or other reasons are transferred to Structured Intervention Units (SIUs), which provide them with opportunities to interact with others, to participate in programs, and to have access to interventions and services that respond to the inmate’s specific needs and risks. Current SIU policy requires that inmates transferred to an SIU, or subject to restricted movement, be referred to a Health Care Professional for assessment which includes mental health.  The assessment must be completed within 24 hours of the inmate’s authorized transfer to an SIU or upon being subject to restricted movement.  This assessment is to be conducted in a private setting and will reoccur every 14 days from transfer.  All inmates transferred to an SIU, or subject to restricted movement, receive a daily visit by a registered health care professional which includes a visual observation of the inmate, without physical barriers unless required for reasons of safety.  Additionally, a mental health assessment is completed no later than the 28th day from the inmate’s authorization for transfer to an SIU. This assessment can occur earlier, based on the individual needs of the inmate.

With respect to this recommendation, the Health Services Sector in consultation with the Women Offender and Policy Sectors, will review clinical oversight as outlined in Commissioners Directive 843, Interventions to Preserve Life and Prevent Serious Bodily Injury, for enhanced observation/clinical seclusion.

AS-Recommendation 36

That CSC make every effort to ensure that female inmates, including those in segregation or observation cells, have access to, and the opportunity to meet in private with, the RA-IA, Office of the Correctional Investigator, Citizens Advisory Committee, non-governmental organizations and community agencies.

Response to AS-Recommendation 36

All offenders will continue to benefit from the support and representation provided by non-governmental agencies such as the John Howard Society, the Native Women's Association of Canada, Canadian Association of Elizabeth Fry Societies (CAEFS), as well as the Office of the Correctional Investigator, the Citizens Advisory Committee, and other volunteers active in federal corrections. Typically, these organizations are provided unimpeded access to all CSC facilities unless there are circumstances that present a risk to the security of the institution or of any person.

Offenders can also contact their legal representatives and have direct telephone and written grievance access to CSC's Right's, Redress and Resolution Branch. In addition, every institution has an elected inmate committee that can also play a strong role in ensuring that the rights of every offender are respected.

Furthermore, CSC in collaboration with CAEFS created a new paid inmate job in 2015, called the peer advocate. The job description was developed in collaboration with CAEFS, and the training is regularly provided by CAEFS.

Finally, all women offenders who are transferred to Structured Intervention Units or in observation cells have access to a private meeting space designated for this purpose, when meeting with the Rights Advisor-Inmate Advocate, the Office of the Correctional Investigator, Citizens Advisory Committee, non-governmental organizations, and community agencies, as well as for any other meetings where privacy is required. More specifically, Secure Unit interview rooms have been constructed at all women's institutions to facilitate meetings that are sensitive or personal in nature between women and external representatives or CSC staff.

AS-Recommendation 39

That the application of restraints must be authorized by a psychiatrist or psychologist, and that this recommendation is reflected in CD 843.

Response to AS-Recommendation 39

It is noted that, when incidents of suicide and self-injurious behaviour arise, staff are required to respond immediately to ensure the safety of the person and provide appropriate support. Commissioner’s Directive (CD) 843, Interventions to Preserve Life and Prevent Serious Bodily Injury, emphasizes predominantly health focussed and least restrictive measures in responding to incidents of suicide and self-injury. This may include short term utilization of enhanced observation and the use of restraints; however, such options are intended to be interventions of last resort. Responses to incidents are also guided by the Engagement and Intervention Model (EIM), which encourages de-escalation and least restrictive measures.

As noted in CD 843, the Pinel Restraint System (PRS) is the only restraint system to be used for self-injurious behaviour and will only be used as a last resort after all reasonable efforts to use alternative, less restrictive measures and de-escalation strategies have been considered or implemented and assessed as not effective. It is to be used for the shortest amount of time required to manage an emergency safety risk and will only be applied and removed by trained staff. In balancing the security and health-related responses, as outlined in Commissioner’s Directive 567, Management of Incidents, the EIM, and CD 843, the Institutional Head authorizes the application and removal of the PRS in situations where an offender is engaged in self-injury. Nonetheless, the Institutional Head is required by policy to consider risk-related advice from Health Services, whenever possible, prior to authorizing or changing the use of the PRS. Lastly, in some circumstances enhanced observation and restraint can be used in accordance with provincial mental health legislation, in lieu of CD 843, provided the assessment, oversight, and data collection meet or exceed the requirements of the policy. 

AS-Recommendation 40

That any inmate placed in restraints is given one-on-one therapeutic support for the entire time in restraints, and that this recommendation is reflected in CD 843.

Response to AS-Recommendation 40

Commissioner’s Directive (CD) 843, Interventions to Preserve Life and Prevent Serious Bodily Injury,outlines the requirements for ongoing health and mental health assessments while the Pinel Restraint System is in use. Specifically, when a nurse is present during the application, an initial assessment of the inmate’s physical and mental health will be conducted once the restraints have been applied. Further, if there is no nurse available during the application, a nurse will be called to attend the institution and complete this assessment within two hours of its application or arrangements will be made for this assessment to be completed by another health care professional. The timelines for additional ongoing health assessments are also outlined in policy, providing opportunities to re-evaluate the health of the inmate, as well as consider the appropriateness of modification and removal of restraints.

CD 843 also requires a health care professional to complete a mental health assessment, in person, as soon as reasonably practicable, and normally within six hours of the application of restraints. At all times while placed in the PRS, the inmate is under constant observation, by direct view, by a dedicated Correctional Officer or Primary Worker in a women’s site. In Regional Treatment Centres, this observation may also be completed by a health care professional. This constant observation ensures the inmate’s safety and ongoing monitoring for changes in general appearance and behaviour.  

As for the level of therapeutic support provided to inmates under restraints, it is adjusted on a case-by-case basis based on the specifics of the case. While some inmates may require ongoing reassurance from staff, others will be better served by a reduced level of stimulation which will allow them more easily to regain their abilities to self-regulate. Offering one-on-one constant therapeutic support while under restraints may be detrimental to some inmates.

AS-Recommendation 46

That following each incident of self-injurious behaviour a Referral for Consultation Form be completed by nursing staff and a copy of the psychology assessment in relation to the incident be appended to this form and this package be forwarded to the institutional psychiatrist. The Chief of Healthcare will be responsible for ensuring this package is also provided to the institutional physician.

Response to AS-Recommendation 46

CSC’s Mental Health Guidelines include requirements for review of suicide and self-injury vulnerabilities and needs after incidents of suicide attempt or self-injury. After every incident of non-suicidal self-injury or attempted suicide, a Critical Response and Incident Management Plan(CRIMP) must be completed. A CRIMP is a review of an inmate’s behaviour after each incident that is intended to encourage and support a collaborative approach including both health and operations for the inmate to resume usual activities as soon as practicable. CRIMPs are documented in the patient’s Electronic Medical Record (EMR), ensuring that members of the patient’s care team have access to this information, including the Most Responsible Provider, institutional psychiatrist, and institutional physician, as appropriate.

The EMR has been updated to include an Integrated Interdisciplinary Care Plan (IICP) for every inmate. The IICP can be accessed by all health care staff and integrates mental health considerations. Health care professionals, including the institutional psychiatrist, have easy access to relevant information related to vulnerabilities of suicide and self-injury, and are able to adapt their interventions accordingly when providing services to inmates under their care, which ensures enhanced continuity of care.

AS-Recommendation 48

That, when an inmate is engaged in self-injurious behaviours, health care staff are on-site, on a 24 hour per day, 7 day per week basis, to support the intervention.

Response to AS-Recommendation 48
AS-Recommendation 49

That, when an inmate is engaged in self-injurious behaviours, the institutional psychologist are on-call, on a 24 hour per day, 7 day per week basis, for the purposes of supporting the intervention and de-escalating the incident when deemed necessary by frontline staff.

Response to AS-Recommendation 49
AS-Recommendation 61

That, in the event a female inmate is transferred away from her home institution, the following measures will address the disadvantages that result from being detained in a location away from home. Such measures may include, but are not limited to:

  1. longer visits from family or support persons chosen by the inmate
  2. increasing the inmate’s access to family or support persons via telephone, videoconference, and/or web-cast, for example, Skype or Facetime; and
  3. providing the inmate’s family or support persons with appropriate access to telephone, videoconference and/or web-cast, when they are unable to visit the inmate due to financial restrictions
Response to AS-Recommendation 61

Since 2018, offenders have been able to hold a visit by live video on an institutional computer. These visits normally last 50 minutes. This ensures that inmates develop and maintain family and community ties if their visitor is unable to come to the institution. Consideration is also being given by CSC to expand the opportunities for contact with family and support persons through the use of more modern video technology platforms.

During the pandemic, CSC enhanced access to video visitation to help inmates maintain their relationships with family and friends. Video visits are available at all CSC institutions, and the number of video visit kiosks has increased from 57 to 102. Although video visitation does not replace in-person visits, it provides visitors another more intimate way to communicate with an inmate when in-person visits are not possible.

Finally, during the application or re-application to the Institutional Mother-Child Program, the Institutional Head will institute a plan to support the mother’s contact with their child during the application process, which could include granting immediate video visitation for approved visitors or additional telephone communication, prioritization of visiting application, and other measures as appropriate. As part of the Institutional Mother-Child Program, other alternatives to establish and/or maintain the mother-child bond can also be utilized to support participants, including use of escorted/unescorted temporary absences, recording of stories, and pumping/storing of breast milk.

In the event an inmate is transferred away from her home community, sources of family or other persons of support, the Institutional Head has discretion to provide for longer visits and access to family or support persons via telephone contact.

Note that mothers who were released to the community as participants in the residential Mother-Child Program and who maintained custody of their child in the community are eligible for an expedited re-application process if they are returned to CSC custody.

AS-Recommendation 73

That CSC implement an independent RA-IA for all inmates, regardless of security classification, status, or placement. The institution will be responsible for advising all inmates of the existence of; and their right to contact, the RA-IA.

Response to AS-Recommendation 73

Offenders continue to benefit from the support and representation provided by non-governmental agencies such as the John Howard Society, the Native Women's Association of Canada, and Canadian Association of Elizabeth Fry Societies, as well as the Office of the Correctional Investigator, the Citizen’s Advisory Committee, and other volunteers active in federal corrections. Typically, these organizations are provided unimpeded access to all CSC facilities unless there are circumstances that present a risk to the security of the institution or of any person.

CSC recognizes the importance of peer support and acknowledges its role in assisting individuals within the correctional environment. As such, CSC has implemented a peer mentorship program at women offender institutions. It involves inmate-initiated confidential support and information, as well as guidance to appropriate resources and services within and outside the institution. 

Furthermore, CSC in collaboration with CAEFS created a paid inmate job in 2015, called the peer advocate. The job description was developed in collaboration with CAEFS, and the training is regularly provided by CAEFS. CAEFS Regional Advocates conduct monthly site visits, produce monthly letters to the Warden, and train and provide ongoing supervision and support to CAEFS Peer Advocates. To do so, peer advocates are given the broadest range of access possible within penitentiary environments to support individuals who may benefit from their assistance.

Sections 90 and 91 of the Corrections and Conditional Release Act (CCRA) require that there be a procedure for the fair and expeditious resolution of offenders’ complaints and grievances on matters within the jurisdiction of the Commissioner and that every offender have complete access to the procedure without negative consequences.

In addition, CSC implemented a Complaints and Grievances Resolution Review Committee in 2022, a paperless workflow for grievance decisions in 2023, and an Alternate Dispute Resolution Pilot Project in 2023. These initiatives are contributing to the timely resolution of complaints and grievances.

Offenders can also submit a human rights complaint to the Canadian Human Rights Commission (CHRC). CSC’s Rights, Redress and Resolution Branch works with CHRC to redress and resolve issues raised in complaints.

Finally, to ensure that offenders’ voices are present in the grievance resolution process, every institution has an elected inmate committee that can also play a strong role in ensuring that the rights of every offender are respected.

Please also refer to information provided under AS Recommendation 36.

AS-Recommendation 74

That the RA-IA will be responsible for providing advice, advocacy and support to the inmate with respect to various institutional issues, including:

  1. Transition into institutions
  2. Transfers
  3. Security classification, status, or placement
  4. Parole and release eligibility, including escorted and unescorted absences
  5. Temporary absences
  6. Use of restraints - physical and chemical
  7. Seclusion and segregation
  8. Complaints and grievances
  9. Consent to treatment and capacity to consent
  10. Consent to medication, including available alternatives
  11. Consent to disclosure of information; and
  12. Institutional and criminal charges
Response to AS-Recommendation 74

Please refer to AS Recommendation 73.

AS-Recommendation 75

That inmates are protected from reprisals related to contacting the RA-IA and exercising their rights.

Response to AS-Recommendation 75

That inmates are protected from reprisals related to contacting the RA-IA and exercising their rights.

Inmate rights are enshrined in the Corrections and Conditional Release Act, Corrections and Conditional Release Regulations, Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act. CSC is mandated to treat inmates with legality, dignity, and respect.

Sections 90 and 91 of the Corrections and Conditional Release Act (CCRA) require that there be a procedure for the fair and expeditious resolution of offenders’ complaints and grievances on matters within the jurisdiction of the Commissioner and that every offender have complete access to the procedure without negative consequences.

In addition, every institution has an elected inmate committee that can also play a strong role in ensuring that the rights of every offender are respected.

Finally, the Office of the Correctional Investigator, in its prison ombudsman’s role, holds CSC to account, ensuring liberties and rights are not impaired. CSC’s mission, values, principles, and strategic objectives guide employees to be fair, transparent, and accountable safeguarding the occurrence of reprisal directed toward an inmate exercising legislated rights.

AS-Recommendation 83

That inmates who have experienced mental health issues within correctional systems be involved in planning, research, training and policy development with respect to the provision of mental health care for female inmates.

Response to AS-Recommendation 83

A key principle of CSC’s Mental Health Strategy is that inmates are the central partner in the interdisciplinary team and can collaborate with staff to develop and monitor their own treatment plans. CSC recognizes the value of involving inmates in their care, and in policy review and development. CSC has recently explored new opportunities for inmates to share their experiences and knowledge. For example, in 2023, a total of 50 interviews were conducted with inmates residing in Structured Intervention Units (SIUs) across the country to gather feedback on their experience and perception of health care while in the SIU, particularly the daily visits completed by a health care professional (typically a nurse) and mental health assessments. Also in 2023, Health Services conducted inmates’ experience interviews to gather their feedback regarding person-centered, stigma-free, and respectful communication. Lived experience interviews are also planned as part of the review of CSC’s overall suicide and self-injury prevention strategy. Additional information about the strategy can be found in response to Recommendation 1.

Such initiatives, relying on open and safe communication between CSC and inmates, are believed to be essential in making informed decisions and ensuring the continued delivery of quality, evidence-informed health services. CSC will explore further opportunities to involve inmates with a variety of lived experiences, including those who have experienced mental health issues within correctional systems, in planning, research, training, and policy development, particularly in the development of activities and policies that will directly impact their care.

Additionally,over the next year, CSC’s Research Branch will be working towards incorporating diverse perspectives reflecting lived experience within research design and methodology (including but not limited to federally sentenced women experiencing mental health issues).

AS-Recommendation 86

That, upon recognizing burnout in themselves, staff are responsible for raising their concerns to management, and further, that management is responsible for acting upon these concerns and facilitating support.

Response to AS-Recommendation 86

While it is expected that staff take responsibility for notifying their manager when they are experiencing burn out or any other health related issue, CSC strongly encourages a supervisor or manager to play a role by promoting the Employee Assistance Program (EAP) to all staff if they think an employee is experiencing difficulties. In addition to the EAP peer support network, management may also direct employees to the Critical Incident Stress Management Program for early intervention support after a critical incident in the workplace. Management can reference the many available resources on the CSC intranet under Employee Essential (Managers, and Your Wellbeing). In addition, CSC’s external EAP provider, Telus Health and the Centre of Expertise on Mental Health in the Workplace provides resources, tools and services for managers and employees.

AS-Recommendation 87

That, to alleviate pressures and avoid staff burnout, the Institutional Head implements mandatory regularly scheduled respite intervals to frontline staff who primarily deal with complex high needs inmates.

Response to AS-Recommendation 87

Please refer to Jury Recommendation 43.

AS-Recommendation 91

That CSC provide training and education to staff on restraint minimization and de-escalation techniques, and that any such training includes hearing from persons with lived experience who have directly experienced being placed in restraints.

Response to AS-Recommendation 91

Please refer to Jury Recommendation 57.

AS-Recommendation 96

That CSC foster working relationships with qualified mental health professionals from academic health sciences organizations (for example, Centre for Addiction and Mental Health) and research universities. These partnerships will focus on developing treatment strategies and therapeutic practices, as supported by current literature of evidence of effectiveness, specifically for women with mental health illnesses including those engaging in self-injurious behaviour and those in segregation.

Response to AS-Recommendation 96

Productive relationships with diverse partners, stakeholders, victims’ groups, and others involved in support of public safety is a corporate priority for CSC. Additionally, CSC has established a unique partnership at Regional Psychiatric Centre (RPC) in the Prairies, which is a secure forensic psychiatric inpatient facility operated by CSC.  This partnership is formalized through an affiliation agreement with the University of Saskatchewan in Saskatoon. The collaboration aims to facilitate, promote, and support research in psychiatry and related fields, as well as to provide internship opportunities in psychiatry to enhance recruitment efforts for CSC.  Please also refer to AS Recommendation 7.

AS-Recommendation 97

That CSC revitalize and continue with the research on the emergence of the third group of women who do not respond to psychotherapy or dialectical behavioural therapy.

Response to AS-Recommendation 97

The CSC Research Branch continues to conduct research to inform and improve capacity to address mental health needs of federal offenders. Over the last few decades, the CSC Research Branch has conducted numerous studies to support a better understanding of federally incarcerated women, including for  research that focuses on mental health (Prevalence of mental disorder among federal women offenders: Intake and in-custody - Canada.ca), self injurious behaviour (descriptive profiles, approaches to encourage desistance, correlates and trajectories; A descriptive analysis of self-injurious behaviour in federally sentenced women - Canada.ca), suicide risk (review of suicide risk assessment tools; Suicide risk assessment instruments: a review of current literature - Canada.ca), and intellectual deficits (prevalence, profiles and outcomes; Intellectual deficits among incoming federally sentenced men and women offenders: prevalence, profiles, and outcomes - Canada.ca).

Furthermore, research has been conducted with respect to women:

As well, there has been research on approaches to divert women from segregation/SIU’s and/or provide interventions to encourage discharge/transfer out of segregation/SIU’s (e.g., Developing the risk of administrative segregation tool to predict admissions to segregation - Canada.ca).

Studies were also conducted to evaluate the psychosocial rehabilitation of women in women’s Structured Living Environments (SLE; e.g., Evaluation of psychosocial rehabilitation within the women's structured living environments / [by] Antonia Sly and Kelly Taylor. : PS83-3/163E-PDF - Government of Canada Publications - Canada.ca), and more specifically the impact of DBT within a women’s SLE (Preliminary evaluation of dialectical behavior therapy within a women's structured living environment / [by] Antonia Sly and Kelly Taylor. : PS83-3/145E-PDF - Government of Canada Publications - Canada.ca).

AS-Recommendation 98

That CSC implement communication structures between units conducting research at National Headquarters (for example, Research Unit and Women Offender Sector) and local institutions to effectively disseminate information to staff through regular institutional visits. Research staff will share relevant literature on effective therapeutic interventions with health care, mental health staff and senior management.

Response to AS-Recommendation 98

The CSC Research Branch uses various dissemination strategies to ensure that research findings are shared with internal and external stakeholders, including but not limited to presentations, briefings, one-page summaries. Research products are made available on the CSC Research website and can also be accessed through the Government of Canada Publications catalogue.

CSC staff are notified of research reports and new research being released on a regular basis.

AS-Recommendation 102

That this jury’s verdict and recommendations regarding the Inquest into the Death of Ashley Smith is posted in writing in every institution and treatment facility operated by the Correctional Service of Canada, in a place accessible to all staff, within thirty (30) days of the receipt of the verdict and recommendations.

Response to AS-Recommendation 102

A printed copy of the verdict and recommendations was posted in an appropriate and prominent location in each of CSC’s Institutions and Treatment Centres for all staff to read within a month following receipt of the Coroner’s Jury Verdict and Recommendations final version.

AS-Recommendation 103

That an electronic copy of this jury’s verdicts and recommendations is made available for the public on the CSC website for staff’s reference on the CSC intranet, and that staff are immediately made aware by management.

Response to AS-Recommendation 103

An electronic copy of the Jury’s Verdict and Recommendations was posted within a month following receipt of the final version, on the internal intranet site accessible to all staff, and on the CSC website, accessible to members of the public.

Recommendation 3

CSC will take immediate steps to ensure that any person in custody who has a severe form of mental illness and/or who is at risk of suicide or self-harm is admitted to a psychiatric hospital or health facility that is suitable, secure, and safe.

Response to Recommendation 3

Please refer to Recommendation 1.

Recommendation 4

To support the implementation of Recommendation #3, CSC will immediately engage with external psychiatric hospitals or health facilities to negotiate and enter into an agreement under section 16(a) of the Corrections and Conditional Release Act.

Recommendation to Recommendation 4

Liaising with external mental health resources is considered a key factor in achieving CSC’s priority to address the mental health needs of inmates and, as such, the organization continually engages with partners to support service delivery. For example, CSC has a long-standing contract with the Ministère de la santé et des services sociaux du Québec for the provision of specialized psychiatric and forensic services in both official languages at the Philippe Pinel National Institute of Forensic Psychiatry.

It is important to recognize that CSC cannot compel external hospitals to enter into exchange of service agreements. Nonetheless, with the assistance of our contracted National Senior Psychiatrist, CSC continues to collaborate effectively with diverse partners and stakeholders, including external hospitals. Mental health consultants are also contracted on an as-needed basis for extensive case reviews of complex cases and to provide clinical guidance.

CSC is committed to exploring opportunities to work in close collaboration with external mental health experts on an ongoing basis, to ensure that we continue to provide the highest standard of care in line with community standards.

Recommendation 5

The Government of Canada should conduct an independent review of s. 29 of the CCRA to determine CSC’s practices, and an evaluation of the barriers to using this provision, if any.

Response to Recommendation 5

Section 29 of the CCRA outlines the ability of the Commissioner to authorize the transfer of an incarcerated person to a hospital, or mental health facility, among other transfer stipulations. Health Services within CSC are provided based on an assessment of need and can range from outpatient health care in mainstream federal institutions, to 24-hour inpatient care at CSC Regional Treatment Centres, which are accredited psychiatric facilities. Recognizing that the ongoing and sustained collaboration of partners is integral to enhancing the quality and accessibility of care and health services for inmates, CSC is currently developing a National Partnership Plan that will help CSC further strengthen external partnerships, including with psychiatric hospitals in the community.

Aligned with Health Services Sector priorities to provide culturally responsive and person-centred care, the national health services partnership engagement plan includes working with stakeholders, external health services, and other organizations and levels of government to enhance health services in key areas. This includes building and strengthening partnerships with psychiatric facilities in the community, taking into consideration their admission criteria and issues of consent for inmates, as well as continuing to collaborate with and maintaining existing relationships. For instance, CSC has a longstanding agreement with Philippe Pinel National Institute of Forensic Psychiatry for the provision of specialized psychiatric and forensic services in both official languages. CSC remains committed to exploring and establishing additional collaborative initiatives to support the provision of federal care and health services.

Finally, PS is aware of the challenges associated with transferring inmates to provincial health care facilities, including the capacity challenges facing community health care and the lack of appropriate security infrastructure in place. PS has engaged with CSC on this issue to receive information and updates and will endeavour to analyze barriers and identify potential solutions as part of our ongoing policy analysis.

Recommendation 6

The Government of Canada should institute an independent oversight body to assess and evaluate processes of health care of persons with serious mental illness in federal corrections, which can be capable of intervening and addressing complaints related to that care. Ensure this body operates at arm’s length of the CSC and follows community standards of healthcare.

Response to Recommendation 6

As is required by the CCRA, PS and CSC support the professional autonomy and clinical independence of registered health care professionals, including their ability to exercise their professional judgment in the care and treatment of offenders.

Registered health care professionals within CSC must adhere to the standards of their respective Colleges or Associations and are responsible for providing ethical and competent services consistent with provincial and national standards, as well as the relevant regulatory body. Inmates can submit complaints related to the provision of physical and mental health care to provincial Colleges, and these complaints are investigated by the College. Inmates can also submit complaints to the Office of the Correctional Investigator (OCI), which is the independent oversight body for CSC. The OCI is mandated to investigate individual complaints and systemic issues related to the provision of physical and mental health services inside federal correctional institutions.

Additionally, the CCRA requires the support of registered health care professionals in their promotion of patient centered care and patient advocacy. CSC policy (Commissioner’s Directive 800 – Health Services) reinforces patient advocacy as a core responsibility for all health care professionals, including those providing services under contract. Consistent with the requirements of their professional health regulatory colleges, staff will use their expertise and influence to advocate on behalf of patients for provision of care that advances their health and wellbeing.

In support of these commitments, CSC has taken action to develop a dedicated Patient Advocacy Service (PAS) that is distinct from direct clinical care and the broader realm of advocacy provided by health care professionals. A review of patient advocacy principles and models in place in Canada and internationally has been completed. CSC continues to develop and refine the patient advocacy model for federal corrections.  Ongoing discussions are occurring at all levels in the organization to support the delivery of quality and patient-centred care, with an anticipated implementation date of March 2025.

The PAS will enhance direct advocacy and patient navigation support for persons in federal custody. Individual-level intervention will be provided by dedicated Patient Advocates at select institutions, and general information and education will be available for other institutional sites. The PAS will be distinct from direct clinical care and the broader realm of advocacy provided by regulated health professionals. The specialized Patient Advocate role will complement and add value to the current health care system, rather than duplicate or conflict with existing initiatives.

CSC also continues to encourage and support the advocacy work of external independent bodies. This includes facilitating access to provincially appointed Patient Advocates for inmates certified under provincial mental health legislation, as well as inmate advocates from non-government agencies, such as the John Howard Society, the Native Women's Association of Canada, and Canadian Association of Elizabeth Fry Societies. CSC also supports the involvement of family or other representatives serving as a support or substitute decision maker for an inmate. As well, every institution has an elected Inmate Committee that can play a role in decisions affecting the patient population, including reviewing draft policy and providing comments for consideration.

Finally, CSC has implemented a professional practice model whose primary objective is to strengthen the integration of professional standards and development, as well as the monitoring of compliance with policies. In each region, professional practice leads for psychology, nursing, occupational therapy, and social work are available for consultation, offering their respective expertise and identifying best practices in care. A National Health Professional Advisory Committee has been established to help support allied health professionals and enhance the quality of care provided throughout CSC.

Recommendation 7

The Minister of Public Safety should introduce legislative reforms to the that would define “solitary confinement” consistent with the United Nations Mandela Rules. This definition should apply to all forms of isolated confinement, whether within the Structured Intervention Units or elsewhere in the prisons.

Response to Recommendation 7

This recommendation was addressed to Public Safety Canada.

Recommendation 8

Pending implementation of recommendation #7, CSC will revise all policies, directives and procedures that refer to observation, seclusion, segregation, or structured intervention, to add a definition of “solitary confinement” consistent with the United Nations Mandela Rules.

Response to Recommendation 8

As mentioned in Recommendation 7, the practice of administrative segregation was ended in 2019 and Structured Intervention Units (SIU) were brought in as a new model.  The SIU model responds to our obligations under Canadian law. Many safeguards specified in Canada’s legislation were guided by international sources such as the Mandela Rules.

In addition, the CCRA contains safeguards to ensure that inmates in SIUs do not experience conditions similar to solitary confinement, as defined in the Mandela Rules. A key safeguard in place is external oversight. The importance of this cannot be understated. Independent External Decision Makers (IEDMs) across the country provide oversight of an inmate’s conditions and duration of confinement in an SIU. IEDMs monitor and review inmate cases on an ongoing basis and provide recommendations and decisions to the Correctional Service of Canada (CSC). Their decisions are binding.

Recommendation 9

Ensure that the Structure Intervention Unit (SIU) Independent Advisory Panel (IAP) is a permanent independent body to provide systematic oversight of the operation of the SIU across Canada.

Response to Recommendation 9

This recommendation was addressed to Public Safety Canada.

Recommendation 10

CSC to work with the Canadian Association of Elizabeth Fry Societies (CAEFS) to establish a process for publicly publishing the letters written by CAEFS Regional Advocates to any of the five institutions designated for women operated by CSC, and any responses to letters received by CAEFS from an institution designated for women, while ensuring that processes are in place to maintain the personal privacy of persons in custody.

Response to Recommendation 10

CSC developed a process in consultation with women offender institutions’ wardens and CAEFS’ Executive Director to ensure standardized, relevant, and timely responses to CAEFS’ letters in addressing identified issues or concerns. This process acknowledges factual accuracy, and provides revisions to erroneous information, where required, and responds to issues raised and corresponding recommendations. However, to ensure that the above objectives are achieved, that comprehensive responses are provided in response to issues raised, and that personal privacy of persons in custody and CSC staff is ensured, CSC is not supportive of publishing the letters. The process has been implemented.

Recommendation 11

Any institutions designated for women operated by CSC that receive a letter written by a CAEFS Regional Advocate following a site visit, must respond to that letter within 21 calendar days of receipt; and to implement the recommendations made by CAEFS Regional Advocacy Representatives where it is legally able to do so.

Response to Recommendation 11

CSC will be developing a process, in consultation with the Wardens of women offender institutions and CAEFS Executive Director, to ensure standardized, relevant, and timely responses to CAEFS letters in addressing identified issues or concerns, and in considering recommendations made by CAEFS Regional Advocacy Representatives. CSC will endeavour to provide a response to letters within 30 days of receipt. The process has been implemented.

Recommendation 12

Public Safety Canada will work with CAEFS to ensure CAEFS has sufficient resources to sustainably and fully complete the work of CAEFS Regional Advocates to conduct monthly site visits, produce monthly letters, and to train and provide ongoing supervision and support to CAEFS Peer Advocates.

Response to Recommendation 12

This recommendation was addressed to Public Safety Canada.

Recommendation 13

CSC work with CAEFS to bolster the Peer Advocacy program and ensure that peer advocates are given the broadest range of access possible within penitentiary environments to support individuals who may benefit from their assistance.

Response to Recommendation 13

CSC is supportive of working collaboratively with CAEFS to consider ways to bolster the Peer Advocacy program.

CSC will also review inmate handbooks of all women offender institutions for potential enhancement of Peer Advocate program role, ensure signage is present in women offender institutions that provides information on the Peer Advocacy program, along with contact information for representatives, and review the Advocacy Worker for Women Inmates Work Description, by March of 2025.

Institutional health care

Recommendation 14

Take immediate action to ensure that there are adequate resources in place at all CSC facilities for the provision of 24/7 on-site health care and mental health services for persons in custody. For greater clarity, we recommend that CSC ensure that a nurse is physically present on-site at every CSC institution 24 hours a day, 7 days a week. This is to include adequate back-up coverage when the usual health care providers are absent for any reason.

Response to Recommendation 14

As noted in Recommendation 1, CSC’s model of integrated health care ensures that patients receive health services at a level of care that corresponds to their individual level of health and mental health need along a continuum of care from intake to warrant expiry. Commissioner’s Directive (CD) 843, Interventions to Preserve Life and Prevent Serious Bodily Harm, outlines provisions for transferring inmates to a Regional Treatment Centre or appropriate health care facility/unit (i.e., Regional Hospital or Intermediate Mental Health Unit), to ensure they are provided with care that meets their level of need.

Within CSC’s current model of care, inmates who require more intensive or specialized care are considered for admission to Intermediate Mental Health Care units or Psychiatric Hospital Care at one of the five Regional Treatment Centres (RTCs). This is also reiterated in CD 843 and may be applicable for inmates with ongoing or increased risk for suicide/self-injury. The five accredited Regional Hospitals and five accredited RTCs provide 24-hour care for inpatient services. In all other institutions, where health care is provided through an institutional clinic, hours of operation are established to meet operational requirements while still meeting the essential health care needs of inmates. CSC is currently completing a review of the staffing complement at all RTCs, to ensure the resource model aligns with community-based organizations and allows for the best quality of patient care. Notwithstanding, CSC has a five-year plan to increase nursing staff presence at each RTC. Moreover, the addition of Nurse Supervisors at each Regional Treatment Centre site will ensure 24/7 clinical on-site leadership.

Similar staffing changes are being made at several mainstream institutions throughout the organization, such as increasing the complement of nurses at all institutions for women (one site per region), as well as maximum-security sites for men providing intermediate mental health care (one site per region), to enable the provision of 24/7 health care. Continued investments in mental health will support the implementation of 24/7 health care at designated institutions. CSC will implement these changes by the end of the 2024/25 fiscal year. The implementation of 24/7 is expected to lead to better access to health care professionals thus contributing to reduced wait times to access health services and reduced use of enhanced observation as outlined in CD 843. CSC will monitor clinical outcomes closely in the first year of implementation to ensure effective and efficient health care that responds to the assessed needs of individual patients.

In the interim, all CSC institutions have established protocols that allow for quick access to external emergency services when required in the absence of health professionals on site.

Recommendation 15

That CSC prioritize and expedite the development and implementation of an external and independent patient advocacy model to provide all federally incarcerated individuals with an independent patient advocate.

Response to Recommendation 15

On June 21, 2019, Bill C-83: an Act to amend the Corrections and Conditional Release Act and another Act¸ received Royal Assent. The Act made significant changes to the federal correctional system, including affirming the importance of clinically independent, patient centered health care, and the introduction of patient advocacy services. Specifically, section 89.1 of the Corrections and Conditional Release Act states: “The Service shall provide, in respect of inmates in penitentiaries designated by the Commissioner, access to patient advocacy services to support inmates in relation to their health care matters; and to enable inmates and their families or an individual identified by the inmate as a support person to understand the rights and responsibilities of inmates related to health care.”

CSC’s support of professional autonomy and the clinical independence of registered health care professionals, including their ability to exercise, without undue influence, their professional judgement in the care and treatment of inmates is now reflected in the legislation. Consistent with the requirements of professional health regulatory colleges, the role of health care professionals includes a patient advocacy function for the provision of care that advances health and well-being. The legislation clarifies this existing responsibility and supports health care professionals in providing patient centred care.

Furthermore, in recognition of the fundamental value and role of patient advocacy in the delivery of quality health care, CSC has developed the Patient Advocacy Framework for Federal Corrections. It outlines the approach to providing and ensuring access to advocacy and navigation support to meet the health-related priorities of inmates. Patient advocacy services will help inmates better understand their health care rights and responsibilities. As part of this overarching Framework, CSC will finalize and implement a patient advocacy model within the 2024-25 fiscal year.

Recommendation 16

Immediately provide persons in custody at institutions and regional treatment centres operated by CSC with the option of engaging an independent patient advocate when they undergo any form of assessment or interaction involving health care and/or mental health care staff, as required by the Corrections and Conditional Release Act.

Response to Recommendation 16

As described in the above Recommendation 15 response, CSC is currently in the process of developing a patient advocacy model that will meet the Corrections and Conditional Release Act requirement by providing inmates with the opportunity to obtain support in relation to their health care matters.

Recommendation 17

Ensure that psychiatry is involved in the development of Interdisciplinary Management Plans for persons in custody in a federal correctional institution.

Response to Recommendation 17

CSC’s Mental Health Guidelines (MHG)outline the requirements for the completion ofInterdisciplinary Management Plans (IMPs). The IMP is an integrated clinical, case management, and security intervention plan to assist staff with the effective management of inmates with complex non-suicidal self-injury needs, for them to resume usual activities as soon as practicable. This may include those who repeatedly self-injure and whose ongoing behaviours make it difficult to safely support the inmate. The IMP is completed by the Interdisciplinary Health Team, in accordance with timelines outlined in the MHG. Psychiatrists, as part of the Interdisciplinary Health Team, are involved in the development of Safety Plans and IMPs in accordance with CSC’s policies, including the MHG, andthe Clinical Framework for Identification, Management, and Intervention for Individuals with Suicide and Self-Injury Vulnerabilities.

Recommendation 18

CSC to make clear to all staff that when a person in custody asks to be seen by one of the available institutional health care providers that the request is acted upon within 24 hours.

Response to Recommendation 18

To provide inmates with efficient, effective health services, all institutional staff and CSC contractors are required, per Commissioner’s Directive 800, Health Services, to relay an offender’s request for health services to a health care professional in a timely manner. It should also be noted that all staff are required to inform a health care professional of the condition of any offender who appears to have a physical or mental health concern, whether the offender identifies a health concern.

CSC’s Mental Health Guidelines (MHG) provide additional details to health care staff regarding the referral process and the prioritization of services, as well as detailed requirements specific to each level of care.

As described in the MHG, once a referral or inmate request is received, a structured process is in place, at each level of care, to ensure the request is appropriately triaged for follow-up. Prioritization of services should be made with a person-centred focus with respect to policy, evidence-based practice, and professional standards. Flexibility and clinical judgement are required to ensure identified mental health needs are identified and appropriately addressed, while taking into consideration that mental health need is not fixed and requires regular re-evaluation in response to changing levels of functioning or need. The prioritization of services ensures that urgent referrals are followed-up on immediately and takes into consideration several factors, including the level of urgency and the presence of any urgent crisis/emergent situations.

Mental health care, policy, and response

Recommendation 19

Until recommendation #20 is implemented, CSC institutions that house persons in custody who have been diagnosed with the most severe form of Borderline Personality Disorder, and who suffer from chronic self-injury and suicidal behaviours will take immediate steps to assess whether these individuals should be moved to a facility that can provide appropriate health care, such as the Institut Philippe-Pinel de Montreal (“Pinel”).

Response to Recommendation 19

In addition to the information presented in Recommendation 1, it is noted that CSC recognizes the development and manifestation of Borderline Personality Disorder (BPD) are multi-faceted, as well as that this disorder is a common diagnosis in many complex, high needs offenders with self-harm and suicidal behaviour. Since December 2012, CSC has worked in partnership with Canada’s largest mental health and addiction teaching hospital, the Centre for Addiction and Mental Health (CAMH) for the provision of ongoing consultation in the implementation and delivery of Dialectical Behaviour Therapy (DBT).

Furthermore, in 2018-2019, CSC created a working group, led by CSC’s National Senior Psychiatrist, to develop guidelines for the management of inmates suffering from BPD within CSC. As a result, in July 2022, CSC published the Clinical Handbook for Borderline Personality Disorder which included comprehensive literature review to ensure that at the time of writing, the content is informed by the latest available evidence. The handbook was developed to aid staff in their work with inmates with BPD, and provides evidence-based principles for assessment, crisis management, and treatment.

Recommendation 20

CSC National Headquarters will take immediate steps to negotiate and enter into an agreement with a psychiatric hospital or health care facility to provide in-patient treatment for persons in custody in an institution designated for women, who have been diagnosed with a severe form of Borderline Personality Disorder and require such treatment. Progress on this negotiation must be reported to the Commissioner of CSC and the Office of the Correctional Investigator every three months, with the first report to be provided by September 1, 2024.

Response to Recommendation 20

Please refer to Recommendation 1.

Recommendation 21

That the Commissioner of CSC immediately and in writing direct all staff that persons in custody who engage in self-injurious behaviours shall not be referred to as “instigators, and their behaviour should not be referred to as a “disciplinary problem” or “misconduct”, formally or informally, by any staff.

Response to Recommendation 21

CSC is committed to using language that is respectful, avoids contributing to stigma, and supports the effective prevention and intervention for inmates who engage in self-injurious and/or suicidal behaviors. By the end of October 2024, CSC will identify and establish suitable alternatives to the term “instigator” within the Incident Reporting module, to identify a term that reflects and acknowledges the sensitivity of these occurrences.

Once an Offender Management System enhancement can be implemented to add this new term, CSC will issue a bulletin to inform staff of the new terminology and direct them not to identify offenders who engage in these behaviours as “instigators”. The security bulletin will also instruct staff to not categorize these occurrences as “disciplinary problems” or “disruptive behaviours” when reporting and recording those incidents.

A practice reminder has been promulgated, reminding staff on how to support respectful and stigma-free communication about suicide and self-harm with offenders under CSC’s custody and/or community supervision. Health services commits to ensuring that as health and policies come up for review, efforts will be made to align with stigma free principles and practices.

Recommendation 22

CSC will take immediate steps to review and revise all forms related to reporting self-injurious and/or suicidal behaviours to remove any references to “instigator” or “disciplinary problems”.

Response to Recommendation 22

Please see Recommendation 21.

Recommendation 23

When a person in custody at a CSC institution or regional treatment centres is in a mental health crisis or is decompensating, CSC staff on their health care and case management teams must perform a thorough review of all of the person’s past treatment plans to assess what may have been successful interventions in the past that could be considered and used in the present.

Response to Recommendation 23

When a person in custody at a CSC institution or regional treatment centres is in a mental health crisis or is decompensating, CSC staff on their health care and case management teams must perform a thorough review of all of the person’s past treatment plans to assess what may have been successful interventions in the past that could be considered and used in the present.

CSC health services have extensive policies and processes to identify, monitor, and respond to offenders who are in mental health crisis or decompensation, and licensed health care professionals must provide care in accordance with the standards of practice, legislation, and by-laws of their provincial college or licensing body, including comprehensive file review as part of determining the most appropriate interventions for each patient.

CSC’s Mental Health Guidelines include specific guidance on the coordination of care and consultations, as well as outlining key roles of health professionals in the assessment and treatment process, including responsibilities for comprehensive file reviews. The Mental Health Guidelines also specifycontent for the Treatment/Intervention Plan, including an evaluation of previous treatment reports and discharge reports. Moreover, the evaluation process includes a review of collateral information, which would include any relevant information from any external consultations or sources.

Recommendation 24

CSC will take immediate steps to revise Commissioner’s Directive 843 – Interventions to Preserve Life and Prevent Serious Bodily Harm (CD-843):

  1. To clearly state that any form of suicide watch or mental health monitoring in which a person in custody is placed in an observation cell is considered to be isolation, seclusion or solitary confinement of the individual
  2. To ensure that a person in custody is consulted and included in all meetings and reviews set out in CD-843. For greater certainty, revise CD-843 to ensure the person in custody will be present at all meetings and reviews unless (1) the person in custody expressly declines to attend; or (2) the person or persons conducting the meeting believe on reasonable grounds that the presence of the person in custody at the meeting would jeopardize the safety of any person present at the meeting, including the safety of the person in custody themselves
  3. To require the Warden to visit the observation cells on a daily basis, including weekends and holidays, and conduct a walk, and inspect the conditions of confinement
  4. To require the Warden to ensure that when the Warden is not present at the institution, the person of next highest authority at the institution will complete the visit and report, in writing, to the Warden the findings and the outcomes of the visit; and
  5. To require that a debrief be held with all staff involved in the application of Pinel restraints to a person in custody. This debrief should be held as soon as practicable following the application of the restraints and prior to the end of the shift in which the restraints were applied. The debrief must explore if any less restrictive measures could have been used to keep the person in custody safe and to preserve life. If any such measures are identified, they must be immediately attempted with the person in custody if they are still in restraints
Response to Recommendation 24

The purpose of CD 843, Interventions to Preserve life and Prevent Serious Bodily Harm, is to ensure the safety of inmates who are self-injurious, are suicidal, or have a serious mental illness with significant impairment, by using observation or restraint as a last resort. The purpose of observations is for the preservation of life and prevention of serious bodily injury, while maintaining the dignity of the inmate within a safe and secure environment. Observation levels under CD 843 are health mechanisms to ensure the safety of the inmate when they are at elevated risk of harming themselves and need to be maintained in a secure environment. Such measures are also to be applied for the shortest duration possible as informed by daily assessments of the mental state of the inmate by a registered health professional.

CSC recognizes that inmates know their needs and should be actively involved in making treatment decisions to address these needs. Person-centered care, in which the inmate is an active member of the health care team, supports comprehensive and integrated health care, and is a priority for CSC. Inmates are encouraged to provide input into their care and treatment plans, including safety plans. CSC’s approach to suicide prevention is based on close collaboration with the inmate, who is at the heart of the development of a safety plan, which identifies strategies of managing their vulnerabilities, including when in times of crisis.

CSC has implemented several mechanisms over the years to facilitate the review of its correctional operations and health services. Enhanced observation is to be used for the shortest possible duration and only after all reasonable efforts to use less restrictive measures and de-escalation strategies have been considered or implemented and assessed as ineffective. To this effect, as stated in the CD, the Interdisciplinary Mental Health Team (IMHT) will review all uses of restraints or enhanced observation as soon as reasonably possible following an incident to propose strategies to respond to future incidents. Concerning a requirement for the Warden to visit observation cells, inmates under enhanced observation must be assessed at least every 24 hours by a Health Professional, including on weekends or statutory holidays. These mental health assessments will assist in determining whether enhanced observation continues to be required or if the enhanced observation needs to be modified or discontinued, with the goal of returning the inmate to regular activities as soon as practicable.

Furthermore, the CD requires that to identify and guide quality improvement initiatives:

  1. the Chief, Mental Health Services, will collect data on the use of the Pinel Restraint System and enhanced observation and discuss the data at least monthly at the Interdisciplinary Mental Heath Team meeting;
  2. the Regional Complex Mental Health Committee (now the National Person-Centred Health Committee) will review data on the use of the Pinel Restraint System and enhanced observation quarterly;
  3. the National Complex Mental Health Committee (now the Regional Person-Centred Heath Committee) will review data on the use of the Pinel Restraint System and enhanced observation bi-annually;
  4. health management at the local, regional, and national levels will provide data and reviews to their respective Quality Improvement and Patient Safety Committees when potential quality improvement initiatives have been identified.

Recommendation 25

CSC will recruit and retain more qualified health care professionals, including psychotherapists, psychologists, and psychiatrists with skills and first-hand experience in managing individuals with Borderline Personality Disorder within correctional institutions, and these individuals will be part of the treatment teams for persons in custody diagnosed with Borderline Personality Disorder.

Response to Recommendation 25

CSC acknowledges that recruitment and retention of qualified mental health professionals is essential in the provision of effective mental health services. CSC’s health services are provided by a range of registered health care professionals, many of whom provide the same services in their local communities. These professionals adhere to the same professional standards as those practicing in the community. Additionally, they are trained in the delivery of mental health services and qualified to respond to the needs of inmates throughout their sentence, in accordance with professional practice standards and their clinical judgment.

Furthermore, CSC requires that health care professionals complete extensive training on topics such as, the Clinical Framework for Identification, Management, and Intervention for Individuals with Suicide and Self-Injury Vulnerabilities, Dialectical Behaviour Therapy, the Pinel Restraint System, and Trauma Informed Care. Additionally, CSC offers training on the Integrated Modular Treatment for Personality Disorders. Health care professionals also have access to relevant clinical information that can help guide their interventions, such as the Clinical Handbook for Borderline Personality Disorder.

CSC also reiterates the clinical coaching available to CSC’s health professionals through existing contracts with the Centre for Addiction and Mental Health or with other external consultants on an as-needed basis, as well as through consulting with the National Person-Centred Health Committee or the Regional Person-Centred Health Committees. Additionally, CSC has established regional and national psychiatry leads whose role includes oversight and leadership for their discipline and to work in conjunction with CSC Regional and National Health Services management team and other members of the Healthcare Team to advance the healthcare of inmates.

Recommendation 26

CSC Health Services Sector will establish a team of highly trained professionals with expertise in both mental health and corrections, with expertise including but not limited to in Borderline Personality Disorder, to be available to provide consultation and second opinion to treatment teams in correctional facilities who are dealing with some of the higher risk and potentially lethal behaviours that can be associated with this condition. CSC will also ensure that all members of a treatment team for persons in custody diagnosed with Borderline Personality Disorder know that this team is available to provide consultation and second opinion.

Response to Recommendation 26

As a result, in July 2022, CSC strengthened the clinical support available to teams working with inmates experiencing mental health issues through the publication of the Clinical Handbook for Borderline Personality Disorder, namely through the possibility of consulting with regional and national committees such as the National Person-Centred Health Committee and the Regional Person-Centred Health Committees, as mentioned in response to Recommendation 25.

Recruitment and retention efforts in Health Services have focused on key areas including the implementation of professional practice structures to support frontline staff, enhanced ongoing professional development, and the implementation of more senior leadership positions at each institution to support staff and better organize care delivery.

Following the passage of Bill C-83, which reiterates that CSC must support the professional autonomy and clinical independence of registered health care professionals in the provision of patient-centred care and ensure that their rights are respected, CSC Health Services have promoted a professional practice model whose primary objective is to strengthen the integration of professional standards and development, in complementarity with the monitoring of compliance with policies. In each region, professional practice leads for psychology, nursing, occupational therapy, and social work are actively working on implementing this model, by being available for consultation, offering their respective expertise and remaining on the lookout for the latest trends in care. As such, these qualified mental health professionals constitute precious resources when it comes to meeting high standards for the treatment of inmates presenting with various mental health problems, including BPD. The National Professional Practice Advisory Committee provides oversight of CSC Professional Practice, as well as advice and recommendations to the Health Services Executive Team on matters relating to professional practice.

Recommendation 27

CSC Health Services Sector will establish a team of individuals with expertise in mental health and research who are responsible for identifying and reporting on improved surveillance of peer reviewed medical literature and publications for new, evidence-based, and effective therapeutic treatment for individuals with personality disorders, including individuals with Borderline Personality Disorder. CSC shall provide a bi-annual report to the Commissioner of CSC on the availability of new interventions and ensure that applicable guidelines and Commissioner’s Directives (CDs) are created and updated as new guidance becomes available. A policy bulletin should be issued within 1 month of any new guidance becoming available to provide immediate effect and the CDs should be reflected in the next review cycle.

Response to Recommendation 27

Research in the field of mental health and personality disorders is rapidly evolving, which requires a considerable time investment for Psychologists to remain current and up to date with the most recent developments. It is important to note that Psychologists are required by their licensing bodies to ensure that they develop, perfect, and maintain their knowledge and skills in the field in which they carry out their professional activities. They have a professional obligation to seek out and pursue relevant clinical training as part of their continuing education requirements. To assist Psychologists and other registered health professionals in maintaining knowledge in their field, effective May 24, 2023, CSC procured access to three Elton B. Stevens Company (EBSCO) databases (EBSCO is an online host for academic and health databases that provides access to current research from a number of journals) for use by CSC health professionals. The databases included the Psychology and Behavioral Sciences Collection, which is a database providing comprehensive information on topics relating to psychiatry, psychology, and mental health. This database provides CSC health professionals with access to full text articles from over 300 journals.

In addition, Professional Practice Leads (PPL) for Psychology are available in each region to provide psychologists with consultation, support and information about recent developments. The PPL is responsible for ensuring that services meet professional practice and regulatory requirements.  Their key responsibilities include: ensuring compliance with professional standards and regulatory requirements of health professions; providing direction and advice regarding efficiency opportunities; advise and educate management and staff on changes related to legislation, regulation and policy and procedures of professional bodies; support delivery of education and evaluation; and participate in the development and implementation of organization wide changes.

Recommendation 28

For CSC policies that address federally sentenced persons with mental illness, and/or who are at risk of suicide or self-harm:

  1. For policies released in future, including revisions to existing policies, that indicators be identified and designed prior to release, so that they can be collected, tracked, and acted upon immediately upon release of the policy; and
  2. For existing policies for which indicators are not currently complete, that indicators immediately be designed, implemented, and acted upon
Response to Recommendation 28

CSC, as part of the Federal Government of Canada, is subject to the requirements for Canadian federal departmental accountability for performance information and evaluation, as outlined in the federal Policy for Results. CSC’s policy framework comprises national policy instruments which, collectively, stipulate the responsibilities and accountabilities on the policy objectives the organization will accomplish, and provides indicators on which the performance of the Service will be evaluated.  Policy instruments are developed in a manner that enable the assessment of the level of compliance and/or achievement of the policy objectives. All instruments within the policy framework align within the overall governance structure and “Core Responsibilities” for the Service in accordance with the CSC’s Corporate Business Plan, which further details the core responsibilities of CSC’s Organizational Structure, Program Inventory, and Departmental Results Framework (DRF). The DRF establishes an objective basis for the collection and reporting of performance information in relation to Core Responsibilities to improve programs, policies, and services in support of the Policy on Results. This includes indicators on mental health and self harm. On an annual basis, CSC reports to Parliament and Canadians in relation to departmental performance indicators, as well as performance and achievements over the past fiscal year against the plans, priorities, and expected results.

Information sharing

Recommendation 29

CSC will ensure that all staff on a case management team or interdisciplinary health team of a person in custody, and especially the treating psychologist, receive all security and intelligence reports with information that may impact the health care or mental health of a person in custody as soon as such reports are signed by the Security Intelligence Officer.

Response to Recommendation 29

CSC utilizes several information sharing strategies to ensure that those with a need to know are aware of relevant information as soon as possible. “Need to know” is defined as information that is pertinent and necessary to an individual performing their duties. These strategies include the Offender Management System, unit logbooks, daily operational meetings (which include Security Intelligence Officers (SIOs), case management officers, and members of interdisciplinary health teams), shared meeting minutes, security intelligence briefings, as well as direct staff communication. SIOs are trained to notify relevant staff if they receive urgent security and intelligence reports or information, including information related to the health care or mental health of an offender, to ensure awareness and appropriate follow up. Additionally, Commissioner’s Directive 705-5, Supplementary Assessments, requires staff to immediately refer a case to mental health services when an inmate requiring such interventions is evident.

The recording and sharing of security information will normally be completed by all institutional and community staff using the reports described in Commissioner’s Directive 568-2, Recording and Sharing of Intelligence Information and Intelligence. Each report has specifically delineated distribution and filing instructions, as well as direction on who can author and sign. To meet legislative and policy sensitivity and confidentiality requirements and abide by government security policy related to personal information, it is necessary that most of the security and intelligence reports only be accessed by those with a need to know. This is accomplished by filing these reports in the Preventive Security (PS) file (as well as relevant electronic repositories) and ensuring access control, as delineated in Commissioner’s Directive 568-6, Creation, Control and Handling of Preventive Security and Intelligence Files, and adhering to paragraph 4 of Commissioner’s Directive 701, Information Sharing. Lastly, staff with a need to know, including case management teams and interdisciplinary health teams, regularly access the PS file of offenders on their caseload, to ensure they are aware of all relevant security intelligence information.

Recommendation 30

CSC will ensure all frontline staff have access to the information they need to support persons in custody with complex mental health needs (for example, with the consent of the patient, mental health diagnoses, anticipated behaviours, behavioural triggers, and management of the same).

Response to Recommendation 30

CSC promotes an interdisciplinary approach to mental health issues and continually updates its policies and work to ensure information-sharing practices are in-line with community standards, legislation, and best practices. Relevant health information is shared in accordance with CSC policy, including the Guidelines for Sharing Personal Health Information, which articulates the "need to know" principle.

Each inmate/patient has an Interdisciplinary Team consisting of a Correctional Officer (CO), Parole Officer (PO), and Clinical Case Coordinator (CCC), supported by the unit management team, Security Intelligence Officer (SIO), the Clinical Division, and senior management of the institution. During Interdisciplinary Team Meetings (IDTMs), teams discuss patients identified as having serious mental illness with significant impairment, patients being monitored with enhanced observation, as well as team member observations of patients regarding well-being, behaviour, and engagement in interventions. IDTMs allow discussions to occur between regularly scheduled case conferences and provide an opportunity to trigger further individualized focus if required. The information discussed is documented and saved on a shared drive and the minutes distributed to unit staff via email. Senior management in operations and health services can review the minutes and follow up with any areas of concern. IDTMs occur on the units weekly, in addition to individual Case Conferences, which follow a schedule to review case specific needs.

Case Conferences are opportunities for each assigned team member (CO, CCC, PO), unit managers (Correctional Manager - CM) and Chief of Health Services (CHS) or Chief of Mental Health Services (CMHS) to meet with the patient and discuss relevant health/mental health concerns, behaviour, and engagement in interventions/treatment plan. The SIO is also included to share relevant security related information with the team.

In addition to Case Conferences and IDTMs, units utilize a shift report to document observations and interventions throughout a 24-hour period. The CM and Clinical Team Lead review unit concerns and individual cases requiring specific attention daily. A daily operational briefing is also held by the CM in charge of the institution where any unit or individual concerns are raised for awareness. Follow-up is ensured by the Assistant Warden Operations and CHS or CMHS.

Further to the unit based IDTMs and Case Conferences, other platforms for communication between Health Services and Security include morning minutes, shift briefings (attended by health services and security staff), unit white boards, logbooks, shift reports, and Statement Observation Reports (SORs).

Recommendation 31

CSC will assist family/friends/support persons on positive interactions with incarcerated individuals. (for example, positive vocabulary, do’s and don’ts, etc.). In situations where a medical or mental health diagnosis may be present, with consent provided by the patient, also provide information and supports to the family with background of their condition(s) and how they can support and interact with them in a positive manner.

Response to Recommendation 31 

CSC’s model of mental health services delivery promotes engaging with an inmate’s identified circle of support as it can provide a valuable resource for working collaboratively to address a person’s health needs. These can include family, friends, external health partners, as well as CSC health (i.e., the Interdisciplinary Health Team) and non-health staff (parole officer, correctional officers, correctional program officers, teachers, chaplains, or elders/spiritual advisors). It is important to reiterate that identification of people in the inmate’s circle of support is done with full engagement and consent of the person, if they are legally capable to do so. Engaging such supports can be beneficial with evidence of better mental health outcomes, including improved ongoing adherence to treatment, and decreased frequency and severity of relapse. Roles for supports can include encouraging and supporting interventions; monitoring symptoms and signs of changes to health needs; helping in crisis management; assisting in navigating through health services; providing information on the inmate that can assist health professionals to better understanding the inmate and their health needs as part of both assessment and treatment; and enhancing compliance with treatment. For inmates who are not capable of providing consent to assessment and treatment, provincial legislation must be followed, including engagement with Substitute Decision Makers as required for decisions on treatment.

Family/supports or spiritual, cultural contacts are encouraged and supported as much as possible within CSC. Commissioner’s Directive 800, Health Services, identifies that the provision of health care must adhere to professional standards. Professional standards for registered health care providers recognize the involvement of family members in treatment. The decision to include family must be made with the consent of the inmate and based on an assessment by the treatment team that participation will enhance treatment.

Additionally, every inmate who presents a moderate or high acquired capacity for suicide requires a Safety Plan, which is a collaborative living document developed by the inmate and staff to prepare proactively for coping with early signs of a problem. External Coping speaks to the importance of family connection and communication. The fifth step of Safety Planning is “Using External Help.” At this stage, the focus is on non-specialized (i.e., non-professional) help. People identified in this section can include peers and external social supports (e.g., family member, friends from the community).

Recommendation 32

CSC Health Services Sector will establish dashboards of daily, weekly, monthly, etc. data on self-harm, observation, and SIU use to be available throughout CSC to all sites, regional, national, and oversight levels.

Response to Recommendation 32

Recognizing the importance of accurate and timely data on key indicators, including self-harm, observation, and Structured Intervention Units (SIUs), CSC has mechanisms for tracking and reporting this information. CSC staff have access to the Corporate Reporting System, which reports on incident data by month and year, and numerous reports are produced related to SIU use and distributed monthly. Staff have access to reports of inmates on observation through the Offender Management System. Indicators related to SIUs, and self-harm are a part of CSC’s public facing Departmental Results Report that is published yearly.

Furthermore, Health Services staff have access to dashboards that support clinical care, the most relevant ones focused on assessment of vulnerability to suicide, rates of self-harm and overdose in the past 4 weeks, as well as specific dashboards focussing on the health needs and outcomes of those in SIUs. Staff also have access to corresponding patient lists that support these dashboards and provide reminders at the inmate level of scheduled clinical activities such as completion or updating of assessments. As these dashboards contain confidential health information with high risk of re-identification due to small numbers, they are only available to health services staff who already have access to this information through the Electronic Medical Record. However, summary data from these dashboards is shared on an as needed basis.

Inmate supports and rights

Recommendation 33

In partnership with CAEFS, JHSC and individuals with lived experience of incarceration, CSC will identify, review, and develop opportunities for increasing program support that is available to persons in custody related to employment and transferrable life skills. As part of this review, consideration should be given to identifying supports and skills programs that may additionally benefit persons in custody who are incarcerated at a young age. This team will regularly review and report on the type of programming that is available to persons in custody, successes achieved, uptake by persons in custody, and participant feedback.

Response to Recommendation 33

CSC recognizes the importance of providing employment opportunities, skills development, and life skills for inmates, including those incarcerated at a young age.

CSC offers a variety of employment and essential skills programs to assist offenders in preparation for their safe and successful community reintegration. These programs are structured interventions and activities that help offenders gain employment skills and life skills. Programs include the National Employability Skills Program (NESP), Community Integration Program (CIP) for men, Social Integration Program for Women (SIPW), vocational certifications, on-the-job-training, and apprenticeship training hours in a variety of fields. These interventions are offered to all offenders with a focus on those with moderate to high employment needs.

Specifically, the NESP helps offenders to increase their employability skills, which improves their likelihood of finding work and maintaining it upon release. The program aims to enhance skills related to communication, problem-solving, managing information, positive attitudes and behaviours, adaptability, and working with others.

CSC also offers a variety of social programs to assist offenders in adjusting to incarceration and preparing for community reintegration. Social programs are structured and unstructured interventions and activities, which help offenders learn important skills, make positive social connections and healthy life choices, and address issues related to community living and employment.

The CIP was revised in 2021-2022 to provide offenders with current, applicable, and culturally relevant information to support their release. The program’s referral criteria were also reviewed, and two criteria were added to ensure that all offenders (including offenders incarcerated at a young age), who are one year prior to release and may benefit from the program, are captured accordingly. CSC continues to work towards building a sustainable delivery strategy for the CIP that involves more consistent referrals at intake, as well as enhanced delivery and reporting mechanisms.

In addition, CSC made several updates to the Structured Intervention Unit Social Program (SIU-SP), to adequately respond to the SIU population’s emerging needs. New activities were developed to supplement the existing SIU-SP activities. Every proposed activity included in the program was developed to address the factors that research identifies as being linked to offenders’ transfer to the SIU.

The SIPW is designed to help women offenders plan for a successful transition into the community. The SIPW assists women offenders in addressing concerns related to their upcoming release and social integration. SIPW is offered to all women offenders, prior to their release to the community. The Program is aimed at helping participants identify their strengths and areas for improvement. Participants also learn and review practical skills to maximize the potential for a successful social integration. The goal of this program is to target community living issues or other barriers to reintegration. SIPWs holistic, considering all life areas; physical, spiritual, mental, and emotional. Participants explore topics such as: time management, health and wellbeing, importance of self care, building social support networks, creating new relationships, managing difficult relationships, parenting skills, résumé writing, job interview skills, leisure, employment, budgeting; and expectations of being on parole.

Furthermore, CORCAN, a Special Operating Agency within CSC, responsible for the employment and employability program for federal offenders has gathered and analysed information on employment needs and interests of offenders through feedback forms completed by incarcerated offenders and those under community supervision. The information gathered, along with ongoing labour market analysis, is considered when determining the type of employment intervention offered. CORCAN is also conducting an employment review within all institutions to assess process, policy gaps, and types of employment offered. The expected outcome is to establish a structured and integrated employment program model based on offenders needs, operational requirements and labour trends.

CSC remains active in maintaining existing and developing new partnerships with various external stakeholders to collaborate in helping persons in custody develop employment and life skills. CORCAN continues to work towards providing employment and employability skills to offenders in the institutions and in the community to assist in obtaining meaningful employment, and to become law abiding citizens, thus reducing the risk of recidivism.

Recommendation 34

CSC staff working at all institutions operated by CSC will ensure that when a person in custody requests to be moved to another unit, these requests are taken into serious consideration and that the person in custody is moved if a bed is available in the same security classification level. Similarly, when interpersonal challenges with other persons in custody are identified by a person in custody and determined to create a risk of harm to a person in custody, CSC staff shall immediately respond to and take steps to reduce and if possible, eliminate this risk.

Response to Recommendation 34

In terms of requests for cell moves, CSC’s current policy, Commissioner’s Directive 550, Inmate Accommodation, specifies that the Institutional Head may give priority for a single cell to inmates with a precarious medical condition, a known mental health problem, or other factors to ensure a safe and secure environment. Operational practices support the policy in that, when inmates request a cell move, the Correctional Officers and/or Correctional Managers, consider them on a case-by-case basis. In making their decision to allow or deny a move, the availability of a cell and the risk associated with the move are considered.

For example, CSC has a policy and guidelines on Incompatible Offenders, which provide direction on how staff should respond to and manage interpersonal challenges between offenders. 

Recommendation 35

CSC will ensure that if a person in custody files a grievance through the formal grievance process that doing so will not impact their privileges, unescorted and escorted temporary absences, or any other parole applications.

Response to Recommendation 35

Sections 90 and 91 of the Corrections and Conditional Release Act (CCRA) require that there be a procedure for the fair and expeditious resolution of offenders’ complaints and grievances on matters within the jurisdiction of the Commissioner and that every offender have complete access to the procedure without negative consequences.  An offender’s use of the Complaint and Grievance Process has no impact on their privileges, temporary absences, or other parole considerations.

Recommendation 36

CSC will ensure that all grievances will be resolved within 45 calendar days of their submission.

Response to Recommendation 36 

Sections 90 and 91 of the Corrections and Conditional Release Act (CCRA) require that there be a procedure for the fair and expeditious resolution of offenders’ complaints and grievances on matters within the jurisdiction of the Commissioner and that every offender has complete access without negative consequences.

Our current policy in relation to the first two levels of the grievance process (complaints and initial grievances) includes timeframes of 15 and 25 working days, respectively (within 45 calendar days).  However, the current timeframes for the resolution of third (final-level) grievances are between 60 and 80 working days but CSC is currently resolving final-level grievances within an average of 49 working days and will build on its current positive progress to ensure timely resolution, including through changes to internal policy.

In addition, CSC implemented a Complaints and Grievances Resolution Review Committee in 2022, a paperless workflow for grievance decisions in 2023, and an Alternate Dispute Resolution Pilot Project in 2023. These initiatives are contributing to the timely resolution of complaints and grievances.

Finally, to ensure that offenders’ voices are present in the grievance resolution process, every institution has an elected inmate committee that can also play a strong role in ensuring that the rights of every offender are respected.

Recommendation 37

CSC will ensure that persons in custody are made aware of the limitations of patient confidentiality in the prison environment. CSC will consult with frontlines health care providers at CSC institutions and regional treatment centres to assess whether these limitations to patient confidentiality impact their ability to provide essential health care to persons in custody.

Response to Recommendation 37

In accordance with legislation and regulated professional standards, health professionals are required to consider issues of consent and ensure that informed consent of an inmate is obtained for health assessments and treatment, as well as the sharing of personal health information. As per CSC’s Mental Health Guidelines, section 2.6.1, obtaining informed consent requires that the limitations to confidentiality, including those specific to a correctional environment, or distribution of information gathered from the services provided are explained to the inmate.

Within CSC, relevant health information may be shared in keeping with professional standards and only upon the inmate’s consent to its disclosure. Notwithstanding the obligation to protect personal health information, there are requirements under law where health professionals are required to divulge information, including in a correctional or forensic context, such as information suggesting a risk of danger to that inmate or to another person and information relevant for decision-making or supervision purposes. These and other limits of confidentiality specific to the service being provided must be explained to the inmate by the health professional. Since sharing mental health information with the inmate’s case management team or other relevant staff (such as security staff or program staff) is an inherent part of providing health services within a federal environment, CSC sees value in consulting with front-line health care providers to better understand how this may impact their ability to provide essential health services.

Recommendation 38

CSC will review its policies and programs, and engage with the Parole Board of Canada, to identify ways of ensuring that repeated or long-term stays by persons in custody at regional treatment centres or psychiatric facilities do not adversely impact the person’s prospects of obtaining Escorted Temporary Absences, Unescorted Temporary Absences, Day Parole, or Full Parole.

Response to Recommendation 38

The assessment of the offender’s risk forms the basis for any conditional release decision made by the Parole Board of Canada. CSC provides information to the Board on the offender’s criminal history, their involvement in programs and interventions, their release plan and release suitability and ultimately makes a recommendation to the Parole Board, including a recommendation for conditions of release. An inmate’s repeated or long stays at Regional Treatment Centres or psychiatric facilities is not considered a risk in itself, however, CSC will review the inmate’s behaviour as well as the progress they have made, including the necessary supports that are in place to enhance the success of temporary absences or conditional release.

Recommendation 39

CSC establish a mentorship program between new and existing inmates in women’s institutions with a focus on orienting new inmates and providing additional supports throughout their sentence. Training for this program could be facilitated in consultation with CAEFS.

Response to Recommendation 39

CSC offers a peer mentorship program in all its women offender institutions. Peer mentorship is a non-judgmental approach using trained women offenders to assist one another in coping effectively with their present circumstances. Peer mentorship is not about providing therapeutic counselling, but involves inmate-initiated confidential support and information, as well as guidance to appropriate resources and services within and outside the institution. It is a gender-specific approach with an aim of empowering women offenders and increasing self-efficacy.

CSC is currently reviewing the peer mentorship program with a focus on new inmates and their orientation. The revised program is expected to be finalized by March 31, 2025. Once completed, CSC will also explore the inclusion of this program and primary contact in inmate handbooks by September 30, 2025.

Recommendation 40

CSC to ensure that resources available to inmates (for example, CAEFS contact) should be continuously posted in a visible location. Should it be discovered to be removed, it should be replaced within 24 hours.

Response to Recommendation 40

A process for posting available resources for inmates is currently in place at the site level, however, a reminder to the Institutional Heads to ensure compliance with this expectation was sent by the Deputy Commissioner for Women in September 2024.

Institutional staffing, staff wellness and training

Recommendation 41

CSC will change the name of the Behavioural Counsellor position in all federal penitentiaries so that they do not refer to counselling or therapy in any way (for example, Behavioural Skills Coach, Behavioural Program Coordinator). CSC will notify all CSC staff of the change in position title. Additionally, CSC will review the job description and/or post order associated with the position, so it is clear to all staff at all levels of CSC that Behavioural Counsellors as renamed in accordance with this recommendation are not licensed health care providers, nor are they trained counsellors, and do not provide counselling.

Response to Recommendation 41

In consultation with CSC’s Deputy Commissioner for Women, Human Resource Management will review the title and the content of the Behavioural Counsellor job description and pay particular attention to references to providing counselling or therapy to offenders. The final revision is expected to be completed in December 2024. Once the job description and title has been reviewed, any updates will be made as required, including to the Statement of Merit Criteria. All advertised selection processes and appointments from then on will reference the updated information, which will also be communicated to staff following implementation.

Recommendation 42

At CSC institutions and regional treatment centres that have Behavioural Counsellors (as renamed in accordance with Recommendation #41), re-establish a formal mentorship opportunity for all Behavioural Counsellors to be mentored by mental health clinicians.

Response to Recommendation 42

Existing policy, such as Commissioner’s Directive 578, Intensive Intervention Strategy in Women Offender Institutions/Units, ensures Behavioural Counsellors (BC), who are not registered health professionals, collaborate with a registered health care professional regarding the delivery of mental health services. The work description for BCs, states that they are to provide behavioural interventions in support of approved mental health treatment models and that this will be done with functional supervision from a licensed mental health professional when related to treatment activities. The policy also specifies that BCs “(…) under the functional supervision of a licensed mental health professional, provides ongoing feedback related to the skills training and treatment tools used in conjunction with the Dialectical Behavioural Therapy (DBT) and other treatment modalities”. It should also be specified that BCs working in institutions for women are involved in DBT training, namely, Self-Study, Introduction and Coaching, Consultation Team, Skills training components, as well as ongoing Refresher training.

Recommendation 43

Institutional senior management at <abbr title=">CSC institutions and regional treatment centres will ensure that there is adequate staffing coverage on all shifts to permit all staff, regardless of rank or position, to take regular lunch and health breaks in full. Institutional senior management shall also ensure that adequate staffing exists to permit front line staff the ability to take periods of rest or relief during and/or immediately following their shift, as needed to cope with the emotional and mental impacts of their work. For greater clarity, any such periods of rest and relief are to be granted over and above the regular allotment of sick leave, vacation, or other forms of leave that form part of staff compensation and benefits.

Response to Recommendation 43

Employee benefits such as lunch breaks, rest periods, vacation, and other type of leave are contained in collective agreements. CSC management has the responsibility to respect the provisions of collective agreements and ensure that the rights and benefits they contain (e.g., hours of work, breaks, lunch periods, leave, etc.) are appropriately managed. Any additional benefits are to be collectively bargained between Treasury Board of Canada Secretariat (the “Employer”) and the bargaining agents which represent the employees.

Within institutional routines, breaks must occur within certain hours, which is taken into consideration and managed on a rotational basis. Deployment Standards outline the posts that must be filled and those that can be operationally adjusted to assist with managing rostering pressures. Institutional senior management at CSC institutions and Regional Treatment Centres will ensure that there is adequate staffing coverage on all shifts to permit all staff, regardless of rank or position, to take regular lunch and health breaks in full. Institutional senior management shall also ensure that adequate staffing exists to permit front line staff the ability to take periods of rest or relief.

Recommendation 44

At CSC institutions and regional treatment centres that have Behavioural Counsellors (as renamed in accordance with Recommendation #41), within the next 15 months, all Behavioural Counsellors should be registered for the Applied Suicide Intervention Skills Training (ASIST). Training should be provided by non-CSC staff and where possible be offered in-person in group settings outside of the correctional environment.

Response to Recommendation 44 

Behavioural Counsellors are currently targeted for Suicide and Self-Injury Intervention initial training that focuses on suicide and self-injury vulnerabilities experienced by offenders as well as staff responsibilities in suicide and self-injury intervention. Following this initial training, Behavioural Counsellors complete training developed specifically for CSC Health Care Professionals, namely Suicide and Self-Injury Assessment and Suicide and Self-Injury Needs Classification and Intervention Planning, followed thereafter by annual Continuous Development training. These courses focus on Health Care Professionals’ specific roles and responsibilities in suicide and self-injury intervention.

Recommendation 45

Within the next 18 months, all institutional staff who work at institutions and regional treatment centres operated by CSC should be registered for a course addressing empathy/compassion fatigue. Training should be provided by non-CSC staff and where possible be offered in-person in group setting outside of the correctional environment.

Response to Recommendation 45 

While some of CSC training such as Suicide and Self-Injury Intervention, Trauma-Informed Approach and the Employee Mental Health Refresher Training introduce concepts around indirect trauma, compassion fatigue, and burnout, CSC will undertake a review of the training in Fiscal Year 2025 to 2026 and implement revisions accordingly in 2026.

Recommendation 46

CSC will ensure that all staff working in institutional senior and middle management positions receive training on the impact that working in a federal penitentiary, and with individuals with complex mental health needs and who experience mental health crises, has on the emotional and mental health of correctional staff. Training must address the negative impact of shaming and blaming on the health and morale of frontline staff.

Response to Recommendation 46 

CSC has training on Supporting Employee Mental Health in a Correctional Setting for Managers and Supervisors as part of the Mental Health Preparedness and Refresher Training Program. This training provides managers with strategies, tools, and resources to support their employees as well as empower self-care practices. CSC will review its trainings in Fiscal Year 2025 to 2026 and implement revisions accordingly in 2026.

Recommendation 47

CSC will revise the National Training Standard for the Fundamentals of Mental Health to:
(1) require that it be taken by all CSC staff who are not a licensed health care professional; and
(2) require that it be taken once annually

Response to Recommendation 47 

CSC is currently adjusting the target group for Fundamentals of Mental Health training. Revisions, which are expected to be completed by April 2025, will include all CSC staff and will be delivered in the New Employee Orientation Program. 

Recommendation 48

CSC will create a National Training Standard to require all frontline staff to be trained in recognizing and understanding the mental health issues predominantly experienced by incarcerated individuals. This training must include information and suggestions to frontline staff in how to support persons in custody who suffer from personality disorders, in particular the specific characteristics of Borderline Personality Disorder. The training must be taken annually given the natural turnover in staff.

Response to Recommendation 48 

Mental health issues, and specifically Borderline Personality Disorder, are included in the Fundamentals of Mental Health Training which will be delivered to all staff in the New Employee Orientation Program as of April 2025.

CSC employees also have access to online training courses such as: Cognitive Disorders and Personality Disorders, Effective Interventions for Offenders who Engage in Self-injury, Introduction to Trauma-Informed Approach in Corrections, and the Application of Trauma-Informed Approach in Corrections.

The Trauma-Informed Approach was added to the National Training Standard for case management staff on April 1, 2024.

Recommendation 49

CSC will create a National Training Standard to require that all CSC staff who are not a licensed health care professional be trained to understand the reasons why a person may engage in self-injurious and/or suicidal behaviour and identity that a range of options must be considered and used by staff to respond to the behaviour that aims to identify and target the reason for the self-harm.

Response to Recommendation 49 

CSC employees complete the following mandatory training: Suicide and Self-Injury Intervention Training, and the Suicide and Self-Injury Intervention Continuous Development Training. Training is delivered in the New Employee Orientation Program and the Correctional Training Program with the continuous development training being offered annually to staff that have interactions with offenders.

CSC’s Suicide and Self-Injury Intervention and continuous development training addresses the reasons for self-injurious behaviour in a correctional setting as well as effective responses that encourage engagement with the offender and interdisciplinary teamwork. 

Recommendation 50

CSC will ensure that the training provided to frontline staff, and in particular Behavioural Counsellors (as renamed in accordance with Recommendation #41), includes training on providing interventions and/or program delivery (as applicable) for persons in custody with cognitive limitations.

Response to Recommendation 50

The Cognitive Disorders and Personality Disorders online course is currently available to employees. This training will be provided as part of Parole Officer Continuous Development in 2024-2025 to all case management staff. There is currently a module on Cognitive Disorders in the Fundamentals of Mental Health online course and this topic will be expanded in the Fundamentals of Mental Health in-class revised training targeting all CSC staff, when completed in April 2025.

As a further resource, the Hub contains a range of Responsivity Resource Kits that provides program staff with the tools required to work and interact effectively with offenders that have diverse needs. This includes resources kits for offenders with intellectual disabilities, learning disabilities, as well mental health needs.  Behavioural Counsellors at Women’s Sites are included in the Dialectical Behavioural Therapy National Training Standards which includes training on working with people with Borderline Personality Disorder.

Recommendation 51

In addition to currently available supports, ensure that frontline staff who work at institutions and regional treatment centres operated by CSC have benefits coverage that provides for services to respond to vicarious trauma, posttraumatic stress disorder and other impacts from working in a correctional institution. Provide a simple and straightforward way for staff to access these supports on an immediate basis and ensure all staff know what this procedure is.

Response to Recommendation 51

Frontline staff currently have access to a variety of services in support of their psychological wellness, provided through their benefits and additional avenues.  The Public Service Health Care Plan – Canada Life provides coverage to employees for mental health related services and products not covered under provincial or territorial health care plans.

In addition, CSC’s internal Employee Assistance Program (EAP) is a voluntary and confidential support service comprised of over 800 specially trained EAP and Critical Incident Stress Management (CISM) peers. Peers are available to respond in a timely manner in support of their colleagues in times of stress, post-trauma or crisis.

Furthermore, various Workers' Compensation Boards across Canada provide wage-loss benefits, medical coverage, and support to help people get back to work after a work-related injury or illness (including psychological disability/illness). Boards provide no-fault collective liability insurance and access to industry-specific health and safety information.

Finally, Sunlife/Industrial Alliance provides long-term disability insurance benefits under the Disability Insurance (DI) Plan to eligible employees of the public service, including eligible members of certain designated groups, who become totally disabled and are unable to work. The DI Plan covers employees included in collective bargaining who are employed by the Treasury Board or a designated agency or corporation.

These programs, services and EAP/CISM peer contact information is all readily accessible on the organization’s intranet, as well as promoted through information campaigns and embedded in the National Training Standards curriculum.

Recommendation 52

Develop a process for all CSC staff to anonymously provide feedback on the support services available to employees (including but not limited to Employee Assistance Program, CISM, etc.), collect and review feedback, and make changes and add new and improved services as identified.

Response to Recommendation 52

CSC is in the process of developing confidential electronic forms for employees to provide anonymous feedback on Telus Health, Employee Assistance, and Critical Incident Stress Management Peer services. It is anticipated the feedback forms will be available for use by the end of 2024. Data collection will then commence, and the Employee Assistance Program will review feedback received and consider changes and improvements in support services that CSC can offer its employees.

Recommendation 53

Develop a process for all CSC staff to anonymously provide feedback on gaps in training provided, collect and review feedback, and make changes and add new and improved training as identified.

Response to Recommendation 53

Based on this recommendation, CSC will look at existing processes and/or develop standardized processes to ensure participant’s feedback is received, and responses are monitored, to improve training content and delivery, if applicable by March 31. 2025.

Recommendation 54

CSC to ensure that all contract or casual employees receive training appropriate to their position about CSC facilities, the governing legislation, policies and procedures, and Commissioner’s Directives.

Response to Recommendation 54 

Casual employees can find information related to their work position on the Hub, including modules on CSC’s mission, CSC and the Law, History of Solitary Confinement, Implementation of Structured Intervention Units in Canada CSC facilities, governing legislation, policies, procedures, and Commissioner’s Directives. Also, casual employees must complete, as part of a National Training Standard mandatory requirement, the New Employee Orientation Program Kickstarter A within 15 business days of commencing employment, which includes 15.75 hours of online training.

Contract employees are provided a document titled: “The Information Guide for Contractors” which also includes information on the above-mentioned topics.

Recommendation 55

CSC to ensure that training that relates to interacting with or responding to inmates with serious mental health illnesses includes a test, the results of which are monitored, including number of attempts to pass. Staff should retake any such training course in full if the number of attempts to pass exceeds 3.

Response to Recommendation 55 

The Suicide and Self-Injury Intervention initial training course has a test included in the Correctional Training Program. However, participants have unlimited attempts to pass. CSC will look at the impact of including several attempts to pass and adjust accordingly by March 31, 2025.

Conditions of confinement and use of restraints

Recommendation 56

CSC will ensure that any mental health crisis and/or medical emergency is not responded to in a security driven manner. CSC will re-develop the Engagement and Intervention Model to have a dedicated response path for mental health crisis and/or medical emergency that is first and foremost a health-focused response and places health care providers as the primary responders.

Response to Recommendation 56

Mental health crisis, such as suicidal or self-injurious behaviours, are complex clinical issues with operational impacts that require a comprehensive and multifaceted approach; as such, responses to such situations need to balance health with security considerations. Taking this into account, as noted in Recommendation 1, the Engagement and Intervention Model (EIM) incorporates a person-centred, integrated approach which promotes engagement and intervention strategies for security and health responses.

Introduced in 2018, the EIM is a risk-based model intended to guide staff in both security and health activities to prevent, respond to, and resolve incidents, using the most reasonable interventions. It is a critical thinking model that provides descriptive response options, incorporating a strong health response component, to reinforce dynamic decision-making and judgment through assessment and reassessment of situational factors, as well as implementation of a range of responses, including verbal and non-verbal communication, negotiation, conflict resolution, and de-escalation techniques. The EIM was developed to emphasize the importance of non-physical and de-escalation responses to incidents.

The EIM encompasses a health-focused response in situations involving a mental health crisis and/or medical emergency. When Health Services professionals are on site, they assume responsibility for the overall management of the health intervention as soon as they arrive on scene. Health Services professionals specify any health interventions that is required and this intervention is initiated when it is deemed safe to do so.

All engagement and intervention strategies are person-centered and take into consideration the offender’s health and wellbeing, as well as the safety of all persons. Consideration is given to the needs of the offender, which may be diverse and complex (e.g., culture, age, religion, physical/mental health, substance use, history of violence, gender, etc.). Internal and external factors that can affect an offender’s behaviour are also considered. Every intervention is managed using the safest and most reasonable response and be limited to only what is necessary and proportionate to resolve the situation.

Recommendation 57

In partnership with persons with lived experience of incarceration and who have been placed in Pinel restraints in a federal correctional institution and/or regional treatment centre, CSC will review and update the Pinel Restraint Training for correctional staff to include the perspectives of being placed in Pinel restraints. The training must clearly state that the person in custody is the focus of attention of all correctional staff present in the room where restraints are being applied. Emphasize to all staff that words must be respectful of and recognize the seriousness of the experience for the person in custody, the deprivation of their liberty, and the suffering they are experiencing.

Response to Recommendation 57 

CSC provides specific training on the use of the Pinel Restraints System (PRS), for both health services staff and operations staff. PRS training for Operations staff was reviewed and updated in January 2023. Included in the training content is the recognition of the impact the application of Pinel restraints can have on an inmate. The training reinforces the Engagement and Intervention Model (EIM) in that every intervention is person-centred with a focus on de-escalation and least restrictive approach while the level of risk is continuously being reassessed. 

Health training highlights the importance of the therapeutic relationship between the care team and the person. Training includes themes such as: the value of creating an alliance with the person to help minimize the use of the PRS and maximize the person’s independence, improving quality of life, as well as the importance of preserving the person’s self-worth and dignity.

Recognizing that restraints are to be used as a last resort, training encourages staff to consider several factors when determining the best interventions for each case. For example, exploring how restraining someone may reinforce the inequality of power in the staff-patient relationship, addressing the underlying power dynamic that is involved and how restraints can be seen to exacerbate the power and control held by staff, thus creating a greater power imbalance and more of a sense of “them and us”. The training also elaborates on how restraints can be experienced as abusive, degrading, and traumatic by some inmates. These are important factors to consider when making decisions around the use of restraints and should be balanced with the need to ensure the safety and security of the inmate.

The theme of justification and fairness is also echoed throughout and is integral to the inmate being able to process, understand, and move on from the experience of being restrained. Finally, training addresses other questions pertaining to the inmate’s subjective experience such as how interacting with the person before, during, and after the restraining process may help decrease the negative impact of the measure.

Recommendation 58

CSC will work toward the complete elimination of strip searches in penitentiaries designated for women and will immediately cease the routine use of strip searches in penitentiaries designated for women. In all cases if a strip search is employed, the reasons for the strip search must be recorded and provided to the institutional head and to the person in custody. CSC should explore less invasive alternatives.

Response to Recommendation 58

The Corrections and Conditional Release Act was amended in 2019 to authorize CSC to use body scanner technology to prevent the entry of contraband into federal correctional institutions. Overall, the implementation of Body Scanner technology, a safe and less intrusive tool (in terms of the preservation of dignity), will reduce the need for routine and non routine strip searches of offenders. 

Amendments to the Corrections and Conditional Release Regulations (CCRR) are required to operationalize this legislative modification. Once the regulatory amendments come into force, CSC be able to use body scanners to detect contraband that is located on, or inside, an offender’s body. CCRR amendments are expected to come into force on October 1, 2024.  CSC will begin to procure body scanner devices beginning Fall 2024 and deploy these devices to sites over the next several years. 

Since July 2022, CSC has been piloting body scanner technology at Bath Institution and Edmonton Institution for Women.  Until the amendments come into force, inmates must agree to go through the body scanner.  Generally, both staff and inmates alike have responded positively to the use of body scanners as it reduces the need for strip searches.

Recommendation 59

CSC will revise all Commissioner Directives and policies related to any form of “solitary confinement” as defined in Recommendation #7 and 8 to specify that a person in custody must be released from the confinement on the same day the decision to release is made. CSC to review all forms associated with the release decision, and change the forms if necessary to remove an “effective date” for the decision.

Response to Recommendation 59 

The practice of solitary confinement was ended in Canadian federal correctional institutions as part of the abolition of administrative segregation and the creation of Structured Intervention Units (SIU) in 2019. SIUs are used as a last resort to manage those who cannot safely reside within a mainstream inmate population and are intended as a temporary measure to assist inmates and provide them with the opportunity to engage in targeted interventions and programs to support their safe return to a mainstream inmate population as quickly as possible.

The CCRA requires that when a decision not to remain in an SIU is rendered, the inmate must be released from the SIU as soon as possible. However, there are instances when it is not possible to release the inmate the same day.  For example, if inmates need to be transferred to another Region to integrate an institution’s mainstream population, they must wait for the next inter-regional transfer to occur.  In other instances, inmates will refuse to leave the SIUs for a number of reasons. In those instances, CSC continues to engage with the inmates to identify the concerns that may be causing their refusal and looks at options for them to integrate into the mainstream inmate population. CSC continues to develop strategies to achieve sound correctional outcomes, including building trust with these offenders.

Recommendation 60

CSC will revise all Commissioner Directives and policies no later than January 1, 2025 so that the calculation of time for any review of a person in custody’s status be based on calendar days, not business days.

Response to Recommendation 60

The current legislation that guides the management of Structured Intervention Units specifies clearly whether reviews are to take place within a certain number of “calendar days” or “working days” and the CSC’s policies and Commissioner’s Directives flow from the legislation.

Culture of corrections

Recommendation 61

CSC will require all senior management and middle management staff (anyone who works Monday to Friday day shifts) in an institution designated for women to work an overnight shift shadowing Primary Workers, and an evening shift shadowing Behavioural Counsellors (as renamed in accordance with Recommendation #41) at minimum once a year. Ensure each member of the institutional senior management team completes the first of each of these shifts by no later than September 1, 2024, and every new person entering a senior or middle management role (in a substantive or acting capacity) within 6 months of their appointment.

Response to Recommendation 61

CSC offers a robust training suite for recently appointed senior and middle management staff. This training suite provides the required tools and knowledge to assist in improving their understanding and application of managerial tasks, as well as the numerous stakes and challenges encountered in the management of an institutional environment. Therefore, a shadow shift would be unnecessary.

The existing training also provides necessary tools and essential knowledge which will assist them in fulfilling their roles in managing correctional operations and social reintegration in a safe, secure, humane, and reasonable way, while respecting the rule of law and the values of CSC. The training suite is to be completed within 12 to 18 months following appointment.

Recommendation 62

CSC will create and implement a policy that prioritizes humanizing people in custody by strongly encouraging that they be addressed as “persons in custody” by correctional staff, and as a “patient” or “client” by health care and program staff.

Response to Recommendation 62 

CSC’s governing legislation, the Corrections and Conditional Release Act and the Corrections and Conditional Release Regulationsrefers to, and defines, inmate and offender.  While these are the terms we use in official documents, CSC believes in the capacity of individuals to change and understands they are not defined by their conviction history.  For this reason, in the day-to-day practice, CSC staff generally address offenders by their name and respect their preferred pronoun. 

Family wishes

Recommendation 63

CSC will ensure that the wishes of friends, family and next-of-kin of a deceased person in custody are prioritized over institutional considerations in any communications or interactions related to the death of a person in custody.

Response to Recommendation 63 

CSC’s policy around the death of an inmate specifies that a staff member must engage with the next of kin to determine their wishes while also ensuring the inmate’s wishes are respected. CD 530, Death of an Inmate, is available on CSC’s Intranet and external website.

Record-keeping

Recommendation 64

CSC to ensure that all records and documentation related to persons in custody be retained pending the final outcome of all investigations or reviews following a death in custody. For greater clarity, this includes handwritten notes and correspondence, and applies when staff are transitioning to different positions or leaving a position with CSC.

Response to Recommendation 64 

Upon completion of a Board of Investigation (BOI) or Quality Care Review (QCR) following a death in custody, board members and reviewers are responsible for forwarding all paper records including handwritten notes and correspondence in their possession to National Headquarters to be placed on the file and make certain all electronic records are appropriately saved in CSC’s standardized electronic document and records management solution. The retention period for QCR review records is 10 years. BOI record retention is set at 25 years.

CSC is committed to providing ongoing education and resources. Information Management, Access to Information and Protection of Privacy updates, bulletins, guidance, training, and reminders of the importance of protecting and storing information of business value are available on the Hub and are regularly included in Commissioner messages and this Week at CSC.

Implementation

Recommendation 65

CSC to provide a separate and distinct response to each and every recommendation on this verdict. This response shall be posted on the public CSC website within six months of the date of this verdict.

Response to Recommendation 65

CSC will publish the response to its website by October 8, 2024, as per the agreed deadline. It will also be shared with all staff by email.

Recommendation 66 

Within thirty (30) days of the receipt of this jury’s verdict and recommendations, CSC will take steps so that the verdict and recommendations are:

  1. Permanently posted in writing in every institution and regional treatment centre operated by CSC, in a place or places that are frequented by all staff;
  2. Made permanently available for the public on the CSC website, and for all CSC staff on the CSC “Hub” (intranet site); and
  3. Sent to all staff (full-time, part-time, and contract or casual) by email by institutional senior management in every institution and regional treatment centre operated by CSC.
Response to Recommendation 66

Upon receipt of the jury’s verdict and recommendations, CSC took steps to ensure the information was available in both official languages for dissemination to staff and the public, and the documents were coded for posting online. The verdict and recommendations were shared with all staff, along with a message about the Inquest, and posted on CSC’s Intranet and public website on August 20, 2024.

As noted above, by October 8, 2024, CSC will also post and share its responses to the recommendations with all staff and the public. Given the length of the physical document, it is not feasible to post these in institutions. However, staff in institutions have access to the Intranet and website to print the document, as needed. CSC is also taking steps to produce a poster that can displayed in all institutions and treatments centres indicating where to obtain more information, the full verdict and recommendations, and CSC’s response to the Inquest.

Recommendation 67

That the Officer of the Correctional Investigator monitor and report publicly, and in writing, on the implementation of the recommendations made by this jury annually for the the next 10 years.

Response to Recommendation 67

This recommendation was addressed to the Office of the Correctional Investigator.

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