Commissioner's directive 702: Indigenous offenders

Responsibilities

1. The Senior Deputy Commissioner will develop guidelines regarding Pathways Initiatives that must be followed.


2. The Assistant Commissioner, Correctional Operations and Programs, will ensure delivery and monitor results of correctional interventions and programs that meet the identified needs of Indigenous offenders pursuant to section 80 of the CCRA.


3. The Director General, Indigenous Initiatives Directorate, will:
   1. establish a National Indigenous Advisory Committee, chaired by the Commissioner, to provide advice on the provision of correctional services to Indigenous offenders pursuant to section 82 of the CCRA
   2. ensure operational practices and interventions respect the specific needs of Indigenous offenders in the Continuum of Care (see Annex B)
   3. authorize the implementation of Pathways Initiatives and ensure regular reviews occur.


4. The Regional Deputy Commissioner may:
   1. establish, chair and maintain a Regional Indigenous Advisory Committee to provide advice on the provision of correctional services to Indigenous offenders pursuant to section 82 of the CCRA
   2. administer agreements with Indigenous communities
   3. provide Indigenous communities with the opportunity to submit a plan and participate in release and reintegration planning.


5. The Regional Administrator, Indigenous Initiatives, will:
   1. consult with Indigenous communities, advisory committees and/or Councils of Elders for the purposes of:
      1. locating Elders/Spiritual Advisors to attend to the spiritual needs of offenders
      2. entering into contracts for the services of Elders/Spiritual Advisors
   2. monitor Pathways Initiatives to ensure the directions provided in GL 702-1 – Establishment and Operation of Pathways Initiatives are followed.


6. The Institutional Head will:
   1. ensure that Elders/Spiritual Advisors are afforded the same status as Chaplains, pursuant to section 83 of the CCRA
   2. ensure offenders are provided with the services of an Elder/Spiritual Advisor, in consultation with the Regional Administrator, Indigenous Initiatives
   3. provide the Elder/Spiritual Advisor with appropriately equipped facilities for the provision of confidential spiritual services
   4. ensure that an Elder/Spiritual Advisor or an Elder’s helper of the same gender as the offender is available for ceremonies
   5. ensure that the unique circumstances of the Indigenous offender, as described in the definition of the Indigenous social history, as well as culturally appropriate/restorative options are given due consideration in the decision making process
   6. designate indoor and outdoor space to conduct traditional ceremonies and spiritual activities
   7. promote and facilitate regular traditional ceremonies, including smudging with ceremonial medicines
   8. consult with the Elder/Spiritual Advisor or, in the absence of the Elder, the Regional Administrator, Indigenous Initiatives:
      1. prior to making decisions regarding ceremonies, ceremonial objects, traditional medicines or sacred grounds within the institution
      2. to establish procedures for the collection and storage of ceremonial objects, and traditional and ceremonial medicines
   9. ensure financial and human resources are provided for the gathering of ceremonial objects outside the institution
   10. ensure staff working with Indigenous offenders are culturally competent relative to their role and have an understanding of the Indigenous Corrections Continuum of Care model
   11. authorize giveaways and offerings, in the context of traditional Indigenous protocols and ceremonies pursuant to Annex E
   12. authorize traditional food and non-traditional food to be used in a ceremony or celebration pursuant to Annex F
   13. ensure Inuit offenders are provided country food pursuant to Annex F
   14. ensure the cross-gender protocol is adhered to during cultural ceremonies
   15. ensure the assistance of an interpreter is provided to offenders who do not speak either of the official languages, pursuant to subsection 27(4) of the CCRA, for any hearing or for the purposes of understanding materials provided to the offender.


7. The District Director will ensure:
   1. offenders have reasonable access to Indigenous-specific resources in the community
   2. staff working with Indigenous offenders are culturally competent relative to their role and have an understanding of the Indigenous Corrections Continuum of Care model
   3. the assistance of an interpreter is provided to offenders who do not speak either of the official languages, pursuant to subsection 27(4) of the CCRA, for any hearing or for the purposes of understanding materials provided to the offender.


8. The Elder/Spiritual Advisor will:
   1. provide counselling, teachings and ceremonial services
   2. provide advice to the Institutional Head when required regarding ceremonies, ceremonial objects, traditional medicines or sacred grounds within the institution
   3. as a member of the Case Management Team, participate in case conferences as required


9. The Indigenous Liaison Officer will:
   1. document Elder/Spiritual Advisor Reviews (if required by the Elder/Spiritual Advisor) and share them with the offender
   2. take a supportive role with respect to cultural awareness and a liaison role with respect to general services to offenders and staff
   3. as a member of the Case Management Team, provide the team with information regarding the offender’s participation in a healing path
   4. liaise with Indigenous organizations or communities, when required, for assistance in maintaining supplies of traditional medicines required by the Elder/Spiritual Advisor.


10. The Indigenous Correctional Program Officer will:
    1. deliver Indigenous correctional programs and complete reports in accordance with CD 726 – Correctional Programs
    2. as a member of the Case Management Team, provide the team with information regarding the offender’s participation in Indigenous correctional programs.


11. The Parole Officer will:
    1. incorporate comments provided by an Indigenous offender’s Case Management Team into the Correctional Plan and Correctional Plan Updates as required
    2. as needed, request that an Elder/Spiritual Advisor Review be completed normally 60 days prior to the requirement to update an offender’s Correctional Plan.


12. The Indigenous Community Development Officer will:
    1. support and promote involvement of Indigenous communities in release planning pursuant to section 84 of the CCRA
    2. as a member of the Case Management Team, liaise with the team in the development of release plans under section 84 of the CCRA for offenders being considered for release on parole.


13. The Indigenous Community Liaison Officer will:
    1. liaise with Indigenous organizations, agencies or communities, when required, for assistance in maintaining resources and contacts for Indigenous offenders who are being released to the community
    2. provide support to offenders being released on statutory release who are utilizing a release plan under section 84 of the CCRA
    3. provide support and guidance to all Indigenous offenders upon release and support their transition to the community and services.

Procedures

Elder/Spiritual Advisor Reviews – Cultural Interventions

14. The Indigenous Liaison Officer will meet with offenders who have expressed an interest in following a healing path, at any point in their sentence, will refer them to an Elder/Spiritual Advisor, and will ensure that the offender’s Parole Officer is made aware of this interest, so that it is documented in the Correctional Plan and future updates/reviews.


15. The Indigenous Liaison Officer will explain his/her role, the role of the Elder/Spiritual Advisor and advise the offender of culturally specific interventions available.


16. The Elder/Spiritual Advisor Review will be documented by the Indigenous Liaison Officer, pursuant to Annex C, within the following timeframes:
    1. intake – 40 days from referral and prior to completion of the Correctional Plan when an Elder/Spiritual Advisor is available on intake
    2. progress – after six months of involvement with the Elder/Spiritual Advisor if there is new information to include
    3. decision – 30 days from request by the Parole Officer if it has been determined by the Elder/Spiritual Advisor and/or Indigenous Liaison Officer that there is new information to record.


17. The Parole Officer/Primary Worker will incorporate healing components into the Correctional Plan (pursuant to CD 705-6 – Correctional Planning and Criminal Profile and CD 710-1 – Progress Against the Correctional Plan) in consultation with the Elder/Spiritual Advisor, Indigenous Liaison Officer, offender and other members of the Case Management Team as required.


18. Pathways Initiatives will be implemented pursuant to GL 702-1 – Establishment and Operation of Pathways Initiatives.

Indigenous Wellness Committee

19. If Indigenous offenders propose a wellness committee to pursue their cultural needs and interests, a protocol document will be submitted to the Institutional Head outlining the terms and objectives of the committee, pursuant to Annex D.


20. The Institutional Head and Elder/Spiritual Advisor will review the above-noted protocol document within 30 days.


21. If approved, the protocol document will remain valid for two years unless otherwise indicated by the Institutional Head.

Enquiries

22. Strategic Policy Division
    National Headquarters
    Email: Gen-NHQPolicy-Politi@csc-scc.gc.ca

Commissioner,

Original Signed by:
Don Head

Annex A: Cross-References and Definitions

Cross-References

• CD 081 – Offender Complaints and Grievances
• SOP 087 – Official Languages
• CD 259 – Exposure to Second Hand Smoke
• CD 345 – Fire Safety
• CD 566 – Framework for the Prevention of Security Incidents
• CD 566-3 – Inmate Movement
• CD 566-4 – Inmate Counts and Security Patrols
• CD 566-7 – Searching of Inmates
• CD 566-8 – Searching of Staff and Visitors
• CD 566-9 – Searching of Cells, Vehicles and Other Areas
• CD 566-12 – Personal Property of Offenders
• CD 568-5 – Management of Seized Items
• CD 577 – Staff Protocol in Women Offender Institutions
• CD 580 – Discipline of Inmates
• CD 700 – Correctional Interventions
• CD 701 – Information Sharing
• GL 702-1 – Establishment and Operation of Pathways Initiatives
• CD 705 – Intake Assessment Process and Correctional Plan Framework
• CD 705-1– Preliminary Assessments and Post-Sentence Community Assessments
• CD 705-3 – Immediate Needs Identification and Admission Interviews
• CD 705-5 – Supplementary Intake Assessments
• CD 705-6 – Correctional Planning and Criminal Profile
• CD 705-7 – Security Classification and Penitentiary Placement
• CD 710 – Institutional Supervision Framework
• CD 710-1 – Progress Against the Correctional Plan
• CD 710-2 – Transfer of Inmates
• CD 710-3 – Temporary Absences
• CD 710-5 – Judicial Review of Parole Ineligibility
• CD 710-6 – Review of Inmate Security Classification
• CD 710-7 – Work Releases
• CD 712 – Case Preparation and Pre-Release Framework
• CD 712-1 – Pre-Release Decision Making
• CD 712-2 – Detention
• CD 712-3 – Parole Board of Canada Reviews
• CD 712-4 – Release Process
• CD 712-5 – Pre-Release Case Preparation for Provincial/Territorial Offenders and Federal Offenders Incarcerated in Provincial/Territorial Facilities
• CD 715 – Community Supervision Framework
• CD 715-1 – Community Supervision
• CD 715-2 – Post-Release Decision Process
• CD 715-3 – Community Assessments
• CD 726 – Correctional Programs
• GL 726-1 – National Standards for Correctional Programs
• GL 726-2 – National Correctional Programs Referral Guidelines
• CD 760 – Leisure Activities
• SOP 760 – Arts and Crafts
• CD 767 – Ethnocultural Offenders: Services and Interventions
• CD 880 – Food Services
• Fire Safety Manual
• Manual on Religious and Spiritual Accommodation
• Religious Diet Requirements Guide - July 2012
• Parole Board of Canada Policy Manual

Definitions

Indigenous: Indian, Inuit or Métis.

Indigenous Corrections Continuum of Care model: a care model that provides specific approaches to address the needs of Indigenous offenders.

Indigenous social history: the various circumstances that have affected the lives of most Indigenous people. Considering these circumstances may result in alternate options or solutions and applies only to Indigenous offenders (not to non-Indigenous offenders who choose to follow the Indigenous way of life). These circumstances include the following (note that this is not an exhaustive list):

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

Case Management Team: the individuals involved in managing an offender’s case, which include at a minimum the Parole Officer and the offender, and in institutions, the Correctional Officer II/Primary Worker.

Ceremonial objects: objects deemed to be sacred, spiritual or ceremonial in nature. Also referred to as “personal spiritual effects”.

Country food: more than just a tradition for Inuit, it is the embodiment of the connection Inuit have to the land and its bounty. It is also a connection to the traditions of Inuit ancestors. Feasts are a celebration of Inuit values: cooperation, sharing and spirituality. Country food is a part of the Inuit identity and a dietary requirement of the Inuit people. It is all harvested wildlife and comprised primarily of seal, whale, caribou and arctic char.

Cross-gender protocol: when Elders/Spiritual Advisors are conducting ceremonies with offenders of the opposite gender, they will have helpers of the same gender as the offender, in accordance with the protocol of each Elder/Spiritual Advisor. For instance, when a male Elder/Spiritual Advisor performs a ceremony for female offenders, there should always be a female helper (who is not an offender) or female staff in attendance. Ceremonies will not be performed alone by Elders/Spiritual Advisors to offenders of the opposite gender.

Cultural ceremonies: the purpose of a ceremony will depend on the Elder/Spiritual Advisor and his/her teaching as there are many reasons for attending or requesting a ceremony. Cultural ceremonies can include, but are not limited to, the following: smudging, sweat lodge ceremonies, traditional pow-wows, changing of the seasons ceremonies, sundance ceremonies, round dances, healing or sacred circles, pipe ceremonies, shaking tent ceremonies, potlatches, longhouse, fasts, feasts, moon ceremonies, tea ceremonies, waterbath ceremonies, PakKUjalitauvvik (Inuit candle light ceremony), return of the sun ceremonies, and return of the community hunt ceremonies.

Cultural competence: ability of individuals and systems to respond respectfully and effectively to people of all cultures, classes, races, faiths and ethnic backgrounds in a manner that recognizes, affirms, and values the cultural differences and similarities, the worth of individuals, families and communities and protects and preserves the dignity of each.

Elder’s helper: the position’s main function is to assist the Elder/Spiritual Advisor with ceremonies. Duties are functionally directed by the Elder/Spiritual Advisor. This title can be applied to an offender, contractor, staff member or a member of the community.

Elder/Spiritual Advisor : any person recognized by an Indigenous community as having knowledge and understanding of the traditional culture of the community, including the physical manifestations of the culture of the people and their spiritual and social traditions and ceremonies. Knowledge and wisdom, coupled with the recognition and respect of the people of the community, are the essential defining characteristics of an Elder/Spiritual Advisor. Elders/Spiritual Advisors are known by many other titles depending on the region or local practices. An example is Angakuk who is an Inuit shaman or medicine man. (This definition does not apply to inmates who may have ceremonial knowledge.)

Four aspects of self : the interconnected physical, emotional, spiritual and mental components/domains that make up the individual, according to the Indigenous worldview. The model may vary according to region or Elder/Spiritual Advisor.

Healing component: a component of the Correctional Plan that allows for consideration to be given to the circumstances and background of Indigenous offenders following a healing path.

Healing Lodge/Healing Village: a minimum or multi-level security facility operated by CSC in cooperation with an Indigenous community. These facilities may or may not be located on First Nations’ reserve land. Healing Lodges may also be facilities run by the Indigenous community under section 81 of the CCRA when approved by the Minister.

Healing path/journey: a traditional Indigenous healing process based on culture and beliefs, which encompasses a life-long spiritual, emotional and/or psychological journey whereby one strives to be in harmony with all living things on Mother Earth. The telling of stories, sharing of traditional teachings and participation in sacred ceremonies serve to assist the individual in following the Red Road to healing. When one lives and walks the Red Road, one is seen and deemed to be whole in body, mind, spirit, emotions and behaviour.

Holistic approach: considers an individual’s overall physical, mental, spiritual, and emotional well-being.

Medicine Wheel: a symbol used by the Indigenous people of North and South America to teach that all life moves in a circle and that each person's journey to self-fulfillment lies within. There are many different ways that this concept is expressed, all reflecting the importance of wholeness and balance and the significance of the number four in Indigenous life: four seasons, four directions, four elements and four aspects of our nature and four life stages. There is no beginning and no end. As individuals travel on the Medicine Wheel in their daily life, their understanding grows and they advance to another level in understanding “self” and gaining wisdom. The human capacity to develop is infinite, and the Medicine Wheel turns forever. The use of the Medicine Wheel and its interpretation may vary according to region or Elder/Spiritual Advisor.

Pathways initiatives: specific initiatives within institutions devoted to providing a healing and traditional environment for offenders dedicated to following an Indigenous healing path. Refer to GL 702-1 – Establishment and Operation of Pathways Initiatives.

Residential school: a type of boarding school operated by Christian churches in collaboration with the Canadian government for First Nations, Métis and Inuit children. The many years of physical, psychological, emotional and sometimes sexual abuse that many Indigenous people suffered while in residential schools can have long-lasting and far-reaching consequences. There are intergenerational consequences, meaning that individuals may not have attended a residential school themselves, but the impact on family members has directly impacted their lives in a negative way.

Smudging: the act of burning traditional medicines to pray and purify oneself or physical space. It is also an act of unity, used to open ceremonies to prepare participants for healing or sharing. The burning of tobacco in the context of smudging is not the same as smoking cigarettes.

Traditional feast: a meal following a significant spiritual/cultural event such as sweat lodge ceremony, fasting, round dance, pow-wow or certain life events of family/community members, etc. The meal might consist of cooked, uncooked or dried meats, vegetables, fruits and a beverage. These foods may or may not be government inspected. Traditional Indigenous foods may be used but are not always necessary. Within the Indigenous culture, it is the sharing of food that is important.

Traditional food: food that has been obtained by Indigenous people. These foods usually include wild meat, fish, fruits or berries and vegetables. Traditional foods may be included as part of a ceremony and may be donated or purchased.

Traditional medicines: sacred, natural medicines used during ceremonies which may include sweet grass, sage, cedar or tobacco.

Annex B: Indigenous Corrections Continuum of Care

The Indigenous Corrections Continuum of Care model (to be referred to as Continuum of Care), introduced in 2003, was developed in consultation with Indigenous stakeholders working with CSC to develop new approaches to addressing Indigenous offender needs. Indigenous community research indicated that the major factors contributing to Indigenous offenders’ success upon release were their participation in spiritual and cultural activities, as well as programs (preferably delivered by Indigenous people) and the support they received from family and community.

The Medicine Wheel, found at the centre of the Continuum of Care, reflects research findings that culture, teachings and ceremonies (core aspects of Indigenous identity) appear critical to the healing process. Representing the cycle of life from conception to return to the Spirit World, the Medicine Wheel is a reminder that correctional interventions developed and implemented for Indigenous offenders must take into consideration the past, the present and the future direction of Indigenous peoples as a whole and of the Indigenous person as an individual.

Surrounding the Medicine Wheel is the Indigenous community, which includes both on-reserve and urban communities made up of First Nations, Métis and Inuit peoples. The Continuum of Care recognizes that Indigenous communities must be involved in supporting Indigenous offenders during their healing journey and reintegration, as they link offenders to their history, culture and spirituality. The Continuum of Care also reflects the importance of community support at every step during administration of the sentence.

Integrating Indigenous culture and spirituality within CSC operations, the Continuum of Care:

• starts at intake, to identify Indigenous offenders and to encourage them to bridge the disconnect with their culture and communities
• leads to paths of healing in institutions to better prepare Indigenous offenders for transfer to lower security and for conditional release
• engages Indigenous communities to receive offenders back into their community and support their reintegration
• ends with establishment of community supports to sustain progress beyond the end of the sentence and prevent re-offending.

For a complete original document, please refer to the Strategic Plan for Indigenous Corrections (2006-07 to 2010-11).

Annex C: A Content Guide to Elder/Spiritual Advisor Reviews

The Elder/Spiritual Advisor (to be referred to as the Elder in this Annex) Review is the Elder’s perspective of the offender, based on his/her traditional knowledge and teachings. The Elder Review report, which is completed by the Elder or Indigenous Liaison Officer (ALO) assisting the Elder, identifies where an offender is on his/her healing journey and can assist the Case Management Team members in completing their assessments on the offender. The Elder Review, focusing on the four aspects of self, is a holistic approach that serves as a baseline from which to measure progress. It would take place during each phase of the Continuum of Care in the institution (intake, assessment and intervention). The Elder Review is only required for those offenders who are following a healing path/journey where the Elder feels it is appropriate. An Elder Review is not required for every Indigenous offender and is not intended for documentation of an Indigenous social history.

The quality control of the finished Elder Reviews will be the responsibility of the supervisor of the ALO. The framework is a guide only to assist the Elders.

During the intake assessment process, if an offender indicates that he/she wants to work with an Elder, the Parole Officer would ensure the Elder and/or ALO are informed so that they can complete the Elder Review (Intake).

Elder Review (Intake) – The report would be completed within the appropriate timeframe pursuant to CD 705-5 – Supplementary Intake Assessments. The report need only consist of the Elder’s initial observation and whether the individual will continue to work with the Elder and ALO with Indigenous-specific interventions (as available in the institution). If the Case Management Team and offender determine that the offender is ready, healing components will be incorporated into the Correctional Plan.

After the intake process is completed and if the offender begins to work with the Elder, the process of developing a more in-depth Elder Review would continue. The healing components will be incorporated into the next updated Correctional Plan.

Elder Review (Intervention) – The report would be completed once an offender has been working with the Elder for six months. The Elder Reviews will be updated by the Elder (or ALO with Elder) as requested by the Case Management Team for decision making purposes [security level, transfer, first escorted temporary absence or unescorted temporary absence (non-medical), work release]. Once requested, the Elder (or ALO with Elder) will have 30 days to complete the update. An appropriate timeframe would be to have the Elder Review requested by the Parole Officer 60 days prior to the required updated Correctional Plan. It is the responsibility of the Parole Officer to ensure updates are requested at the appropriate times. Consistent communication among the Case Management Team should ensure this requirement is met.

When an offender is moving toward the reintegration phase of the sentence and is preparing for a Parole Board of Canada decision process, the Elder Review will be updated to specifically address the possible transition into the community.

Elder Review (Reintegration) – The report would be completed for Parole Board of Canada decision making purposes. It is the responsibility of the Parole Officer to ensure updates are requested at the appropriate times. Once requested, the Elder (or ALO with Elder) will have 30 days to complete the update. An appropriate timeframe would be to have Elder Review requested by the Parole Officer 60 days prior to the required updated Correctional Plan. Consistent communication among the Case Management Team should ensure this requirement is met.

(This outline should not be considered a template for all Elders/Spiritual Advisors to follow. The information provided by individual Elders/Spiritual Advisors may be very different and may simply include the information identified in the “Observations” and “Recommendations” sections of this document.)

The following outline is a suggestion only, to assist the Elders in providing the information. The titles above may be used as headings for the reports.

Include the Elder’s name and home community.

1. PHYSICAL ASPECT (East): focuses on learning to value the physical self and becoming comfortable within one’s own body. Interventions to balance the various areas of the physical self may include addressing addictions, healthy eating habits, physical exercise, stopping the infliction of physical pain to oneself and others, and treating the physical self as the sacred gift the Creator has provided.

Topics that could be explored in this aspect are:

• personal relationships
• possible abuse of any type
• residential schools or foster care
• addictions.

2. EMOTIONAL ASPECT (South): involves examining an individual’s emotional state of mind and ability to fulfill one’s emotional needs. Interventions may involve examining stressful areas of life, impediments to one’s learning and growth, healing unresolved abuse issues, learning to respect one’s own feelings, accepting responsibility for actions and words, understanding both the positive and negative aspects of oneself and learning to make both work.

Topics that could be explored in this aspect are:

• expression of feelings/empathy/remorse
• impulsiveness
• respect of others/self
• suicide (attempts, family history).

3. SPIRITUAL ASPECT (West): understanding that all things on Mother Earth are related, that life is a gift from the Creator, and that we must learn to live to the best of our ability and respect all living things that we encounter upon our journey. Through ceremonies and Elder teachings, the spirit is healed.

Topics that could be explored in this aspect are:

• spiritual identity
• spiritual participation/understanding.

4. MENTAL ASPECT (North): focuses on the individual’s cognitive capacities, the ability to learn from the past and to develop new ways of thinking. With knowledge comes wisdom, with wisdom comes compassion, and with compassion comes understanding.

Topics that could be explored in this aspect are:

• understanding/acknowledging criminal behaviour
• motivation to heal
• education/employment.

Describe how long the Elder has worked with the offender and whether he/she has attended counselling sessions and/or ceremonies. How has the offender's participation contributed to dealing with his/her identified needs (e.g. substance abuse)? Is the offender ready to work on living a more balanced lifestyle? What behavioural changes have been demonstrated by the offender?

What recommendations does the Elder have for the offender to continue to make positive changes? What warning signs should be watched for, indicating that there might be a negative change in the offender’s actions?

Annex D: Indigenous Wellness Committee Protocol

It is critical for the success of these groups that the Elders/Spiritual Advisors and management support their endeavours. As such, all parties will be in agreement with the proposed protocol document which outlines the terms and objectives with regard to their role within the institution. If an agreement or consensus cannot be reached, revisions will be made to the proposal until consensus can be reached.

Once an agreement is reached, a committee’s protocol may have a shelf life of up to two years. It can be revisited or rewritten within this timeframe with the agreement of the Elders/Spiritual Advisors, the members of the committee, and management. At the end of the two years, the protocol can be simply renewed if changes are not necessary.

The committee is non-political in nature and exists solely for assisting in cultural/ceremonial activities for the offenders (round dances, pow-wows, sweat lodges, sharing circles, etc.) in conjunction with Indigenous Liaison Officers and the Elders/Spiritual Advisors. The committee members may also serve as helpers to the Elders/Spiritual Advisors if requested by the Elders/Spiritual Advisors.

The committee is responsible for sharing ideas and information with the offender population and staff, and acts as a liaison between the population and staff by bringing forward the ideas, input or concerns from the population it assists.

Determination of the members of these committees will be outlined in the proposed protocol documents. The number of committee members will appropriately reflect the population they will serve. Normally there would be one committee within the institution; however in exceptional circumstances (e.g. a maximum security site that cannot combine separated populations), more than one could be considered.

The Social Program Officer would be the staff person who works with the committee to coordinate its activities. The Social Program Officer would work in consultation with the Indigenous Liaison Officer who will have the specific cultural knowledge.

Annex E: Giveaways and Offerings

The protocol of giving an “offering” is an integral part of Indigenous culture. There are two aspects in which an offering is given. One is to give an offering of ceremonial medicine (tobacco) to an Elder/Spiritual Advisor when asking for teachings, ceremony or prayers. The second is an offering as a sign of respect, appreciation and honouring that is considered part of Indigenous protocol. These offerings could take many forms: one of the four medicines, ceremonial items (feather, medicine pouch, dreamcatcher) or decorative items (artwork, carving, hobby items). It is important in Indigenous culture to formally recognize and honour individuals who contribute in some way to an event, activity or ceremony. The Elder/Spiritual Advisor will work in conjunction with the Institutional Head to determine when these types of ceremonies are appropriate within the institution.

The giving of items in this context is not intended as a memento in lieu of hospitality, or a presentation in lieu of official hospitality, or to show appreciation without providing formal compensation as defined in Treasury Board policy. It is a sign of respect, appreciation and honouring that is integral to Indigenous culture.

Within the Indigenous culture, there is a ceremony called a Giveaway, in which a person or family would give items to everyone in attendance. A Giveaway ceremony is often held in conjunction with a round dance, community feast or other ceremony specific to the Indigenous people of that region (e.g. West Coast traditions). This type of ceremony may occur in the community or inside the institutions. Offenders and staff who attend these ceremonies on escorted temporary absences (ETA) in the community will receive items. Offenders will ask for prior authorization from the Institutional Head to bring back any items received while on an ETA pursuant to CD 566-12 – Personal Property of Offenders. These items will be subject to the requirements established in CD 566-7 – Searching of Inmates, when entering the institution.

Offenders may request the Institutional Head or delegate (in consultation with the Elder/Spiritual Advisor) to allow that spiritual, cultural or traditional items (e.g. medicines, medicine bags/pouches, feathers) remain with their cell effects. Cultural items (e.g. medicines, medicine pouches, feathers) are considered to have no monetary value; however, they are deemed to have significant spiritual value.

Items that an offender receives while attending a community ceremony on an ETA that appear on the National List of Personal Property will be registered on his/her personal property record in accordance with CD 566-12 – Personal Property of Offenders.

All items given or received by offenders during a ceremony will be added or removed from their personal property record as required. Trading items among offenders is not permitted pursuant to CD 566-12 – Personal Property of Offenders.

Items given to Elders/Spiritual Advisors, staff, contractors, community members or volunteers during a ceremony will be subject to the requirements established in CD 566-8 – Searching of Staff and Visitors, when leaving the institution.

Staff who receive items at a ceremony, either in the institution or in the community, will retain the items with their personal belongings at the work site. Staff are permitted to accept these items in accordance with the Treasury Board’s Values and Ethics Code for the Public Sector. The receipt of items in these circumstances arises out of activities or events related to the official duties of the public servant concerned.

Items made by offenders for the purpose of offerings/giveaways will be in accordance with SOP 760 – Arts and Crafts unless there are specific institutional initiatives in place for making craft items (e.g. Pathways). Those initiatives will develop guidelines approved by the Institutional Head with regard to their process for the storage of raw materials, tools and finished products.

Annex F: Traditional Foods and Country Foods

Traditional Foods

Written requests received from the Indigenous Wellness Committee for the provision of traditional foods for cultural/spiritual purposes will be referred to the Indigenous Liaison Officer (ALO). The ALO will review the appropriateness of the request and of the foods identified and make recommendations to the Institutional Head and Elder/Spiritual Advisor. The Institutional Head will retain the right to prohibit foods that are contrary to the safety and security of the institution. Any question on whether the items requested are “traditional” will be referred to the institutional Elder/Spiritual Advisor.

Food that is to be used in relation to a ceremony does not always need to be “traditional” food, as it is the act of sharing food that is important to the ceremony. Non-traditional foods may be used in a ceremony.

Subsequent to the approval of the proposed event by the Institutional Head, all offenders, staff, contractors and visiting members of the public wishing to participate in the feast will sign a waiver absolving CSC of any responsibility in the event of illness stemming from participation in the feast.

Food items (including non-government inspected foods) donated by local community interests or departments (e.g. the Department of Natural Resources or Indigenous group) may be allowed into the institution at the discretion of the Institutional Head, in consultation with the Elder/Spiritual Advisor, provided that:

• the foods are cooked and have been previously made ready for consumption, or
• the foods are stored and/or prepared (if not cooked) in an appropriate food-safe location other than the institutional Food Services area of the institution and in compliance with the Food Retail and Food Services Code
• any person preparing uncooked foods within the institution has completed the appropriate food safety course, and
• Food Services provide a plastic bin containing the cooking and eating utensils required for the preparation and service of these foods. Dirty utensils will be placed back in the bin with a sanitizing agent and returned to the institutional kitchen for cleaning.

The ALO will either accompany foods brought into the institution for Indigenous events or advise the officer-in-charge and the officer at the principal entrance, by way of a memo signed by the Institutional Head or delegate, when the food will be arriving, who is bringing the food, the type of food(s), and purpose. At the principal entrance, the foods will be subject to a normal security inspection, and security inspected foods will go directly to the event or appropriate storage.

All foods not consumed following feasts will be given to the ALO or the Elder/Spiritual Advisor, who will determine the appropriate means of distribution where appropriate facilities exist (e.g. refrigeration), or removal from the institution. It should not be discarded.

Country food of the Inuit people is a dietary requirement of the Inuit people and must be provided at a minimum of once per month by the appropriate institutional Food Services.

In accordance with the Food Retail and Food Services Code, CSC’s Food Services may provide (through the institutional kitchens) only country food that has been government inspected. All foods that have not been government inspected will follow the process as outlined in this Annex for non-government inspected traditional foods.

I, _ (participant) do hereby release and forever discharge Her Majesty the Queen in right of Canada and her employees and servants from all manner of claims, actions or demands of whatever kind, including claims arising out of negligence, that I may have as a result of my consumption, as part of an Indigenous or Inuit feast, of food that has not been officially inspected.

IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20__.