Parliamentary Committee Notes: Ministerial Direction to CSC - Information Sharing: Security Classification and Transfer of Offenders
Issue
On July 20, 2023, the former Minister of Public Safety issued a Ministerial Directive entitled “Information Sharing: Security Classification and Transfer of Offenders”. The directive specified expectations on the Correctional Service of Canada (CSC) when an offender is being considered for transfer.
Proposed Response
- When an offender is transferred, a victim who registers through CSC's Victims Services may receive information about a transfer, should they elect to do so.
- However, it is recognized that more can be done to ensure that a trauma-informed and victim-sensitive approach is factored into the decision- making process as regards transfers and security classifications.
- With this in mind, the former Minister of Public Safety issued a Ministerial Directive to ensure that a trauma-informed and victim-sensitive approach is factored into the decision making process in regards to transfers and security classification to improve information gathering and consideration at the outset of the process.
- In addition, while notifications of transfers were provided to the Minister’s Office in the past, with the Directive, prior to transferring a high-profile offender to any reduced security level, CSC will notify the Minister of Public Safety, formally and directly.
Background
On May 29, 2023, Paul Bernardo (a High-Profile Offender) was transferred by CSC to a medium security institution after spending his incarceration at maximum security prisons. Bernardo is serving an indeterminate life sentence. The assignment of security levels and transfer between institutions security levels is outlined in the Corrections and Conditional Release Act (CCRA) and supporting Corrections and Conditional Release Regulations (CCRR). News of this transfer was met with public outrage and political criticism. Specifically, CSC was criticized for the controversial nature of the decision, the alleged lack of engagement with victims, and the method, timeliness and details of notifications in and outside the federal government
On June 15, 2023 the former Minister of Public Safety committed to improving how CSC engages victims in the offender transfer process, particularly in regards to high-profile inmates. Specifically, that CSC must ensure victim’s rights guide the decision-making process.
On July 20, 2023, the Ministerial Directive was issued to the Correctional Service of Canada with the intent to ensure victims’ rights are considered from the beginning of the transfer process and strengthen the way it shares information with victims and the government. The direction also seeks to improve notification to victims surrounding security classification and transfers of offenders, and establishes a formal process to notify the Minister of Public Safety (https://www.publicsafety.gc.ca/cnt/trnsprnc/ns-trnsprnc/mnstrl-drctn-cscis-sccer-en.aspx).
In accordance with the recommendations made by the Office of the Federal Ombudsman for Victims of Crime in 2019, CSC was directed to:
- Gather and consider victim information at the outset of the decision-making process or as soon as a voluntary transfer request is being considered for support by CSC.
- Use their Victim Notification flag system when they begin considering a transfer application that may be supported by CSC to allow victim services officers to proactively collect input from victims in advance of the Assessment for Decision.
- Make changes to policy to require all CSC staff to always consider whether any victims live near the institution to which the transfer is being considered, and wherever possible, transfer the offender to another institution.
The Ministerial Direction also require that the Minister of Public Safety receive formal and direct notification regarding security classification and transfers of high-profile offenders. These are offenders whose offences elicited or have a potential to elicit significant public interest.
CSC and Public Safety are now working towards implementing the Ministerial Directive, including identifying the necessary policy and legislative changes that may be required. CSC has developed an implementation plan for how to action the Ministerial Directive which is currently being reviewed.
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