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 Direction entitled “Information Sharing: Security Classification and Transfer of Offenders”. The direction 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 Direction 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 Direction, prior to transferring a high-profile offender to any reduced security level, CSC will notify me, as Minister of Public Safety, formally and directly.
- Work is underway within CSC to implement the Direction and identify opportunities to further strengthen services to victims of crimes.
Background:
Role of CSC
The legislated role of CSC is to carry out a sentence imposed by the Court through the safe and humane custody and supervision of offenders. In doing so, CSC balances its mandate of assisting the rehabilitation of offenders and their safe reintegration into the community with its mandate to protect society. In this context, an offender’s security classification is not, and cannot be, a further sanction beyond the sentence imposed by the Court, but is rather a necessary measure to maintain public safety and protect society, including staff and other inmates. Although the “seriousness of the offence” and criminal history are factors to be considered in decision making, they are considered in conjunction with other relevant, case-specific factors. Protection of society is the paramount consideration for CSC in the corrections process.
Ministerial Direction:
On May 29, 2023, Paul Bernardo (a high-profile offender) was transferred by CSC to a medium security institution after spending his incarceration to date in maximum security penitentiaries. Bernardo is serving a life sentence for two counts of first degree murder as well as an indeterminate life sentence for kidnapping, aggravated sexual assault, unlawful confinement, and served a five year concurrent sentence for indignity to a dead human body. He was also declared a Dangerous Offender. 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 transfer process, particularly in regards to high-profile inmates. Specifically, that CSC must ensure victims’ rights guide the decision-making process.
On July 20, 2023, the Ministerial Direction was issued to the CSC 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.
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 requires 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 has been working to implement the Ministerial Direction, with the aim of enhancing victim engagement in the transfer process while balancing the management of the offender’s case according to the CCRA, respecting the offender’s rights under the Privacy Act and applying the Canadian Victims Bill of Rights. To that end, CSC has developed a detailed operational approach within the limits of current legislative authorities. While the preamble of the Ministerial Direction anticipates broad, proactive information-sharing beyond what is expressly provided in the Corrections and Conditional Release Act, CSC has endeavoured to find appropriate mechanisms to engage registered victims early in the transfer process, obtain their perspective, and ensure their views form part of the materials used to render classification and transfer decisions. They will also use their discretionary power under the Privacy Act to provide advance notice of transfer whenever possible.
In addition, a Multidisciplinary Victims Committee was established in Fall 2023 with the aim of identifying how services to victims of crimes could be further strengthened. Their Final Report was shared with Committee members, including the Federal Victim Ombudsperson, in February 2024. It included recommendations to CSC on how they could enhance policies and practices surrounding victims. At the same time, a review of internal policies has been underway within CSC to determine how CSC can better serve victims and provide them with more timely information about the offender who harmed them.
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