Commissioner's directive 580-1: Duties of the serious disciplinary hearing advisor and clerk

• Commissioner’s Directive (CD) 580 – Discipline of Inmates

To provide clarification and guidance to staff with regard to the facilitation and administration of disciplinary hearings

Applies to staff assigned by the Institutional Head to act as Serious Disciplinary Hearing Advisors or Serious Disciplinary Hearing Clerks

1. Pursuant to CD 580 – Discipline of Inmates, the Institutional Head will:
1. appoint a staff member to perform the role of Serious Disciplinary Hearing Advisor, as well as a staff member to perform the role of Serious Disciplinary Hearing Clerk
2. ensure that disciplinary processes are limited to the least restrictive measures consistent with the protection of society, staff members, and inmates.

2. The Serious Disciplinary Hearing Advisor will:
1. report measures taken towards resolution
2. determine whether the need to produce a witness essential to the proceedings would cause operational difficulties or delays, and report this information to the Correctional Manager or Institutional Head
3. provide the Independent Chairperson with any relevant security-related information that may have a bearing on the disciplinary offence (e.g., an institutional lockdown at the time of the offence, a significant level of racial or gang-related tension within the institution at the time of the offence, etc.)
4. verify the information in supporting documents to ensure confidentiality of those named but not involved in the conduct that led to the laying of the charge.
3. The Serious Disciplinary Hearing Advisor, with the assistance of the Serious Disciplinary Hearing Clerk, will arrange with the Correctional Manager the availability of Correctional Officers/Primary Workers to ensure the smooth operation of the hearing and the movement of witnesses.
4. After a conviction, but before the imposition of a sanction, the Serious Disciplinary Hearing Advisor will advise the Independent Chairperson on issues and recommendations that may affect the sanction. It is the Serious Disciplinary Hearing Advisor’s responsibility to consult with other Correctional Service of Canada staff involved in the inmate’s case (e.g., Case Management Team). Examples of factors that could be considered prior to sanction include:
1. the inmate’s history of disciplinary offences
2. the particular needs and circumstances of the inmate, including the relevant cultural and historical factors related to Indigenous social history
3. the inmate’s mental and physical health
4. the institutional policy on loss of privileges
5. the recreational privileges that can be considered (i.e., for loss of privileges)
6. administrative consequences previously imposed as a result of a similar offence
7. possible conflict with the Correctional Plan (including program, education and employment components). Where possible, continuation of participation in the program should be maintained. (Further information on factors to be considered prior to the Independent Chairperson imposing a sanction can be found in section 34 of the Corrections and Conditional Release Regulations.)

5. The Serious Disciplinary Hearing Advisor will:
1. ensure that the charged inmate is given reasonable opportunity to retain and instruct legal counsel and that the inmate was provided with a copy of the Inmate Offence Report and Notification of Charge (CSC/SCC 0222) and supporting documentation at least three working days before the start of the hearing
2. with the assistance of the Serious Disciplinary Hearing Clerk, arrange for the inmate’s attendance at the hearing via video conference in cases where the inmate has been transferred/moved to a new institution/unit prior to the hearing at the former institution
3. ensure the accuracy, quality and availability of all institutional materials, documents or details required for the hearing or requested by the Independent Chairperson and will include proper Offender Management System (OMS) documentation
4. ensure that the inmate has been provided with a copy of all documentation and exhibits submitted to the Independent Chairperson
5. provide the Independent Chairperson with information regarding the inmate’s prior disciplinary history and sanctions, including past charges that are relevant to the current charge(s)
6. ensure that all disciplinary hearings are recorded on audiotape so that the hearing can be fully reviewed, if necessary. At the beginning of the hearing, dictate: “disciplinary hearing for serious offences held on (date) at (time) in (name) Institution, Independent Chairperson (name) presiding, assisted by Serious Disciplinary Hearing Advisor (name)”
7. ensure to note the counter reading at the beginning and the end of each case in order to follow up on the data recorded
8. ensure that hearing recordings are filed and retained for two years and that inmates are given reasonable access to their own records. A copy of the audio recording of the hearing should be provided to the inmate’s legal counsel upon request and once it has been confirmed that the legal counsel is representing the inmate (the inmate will be responsible for expenses associated with shipping the copy to the legal counsel)
9. provide a recommendation of appropriate sanctions for the Independent Chairperson’s consideration, including past sanctions given to the inmate and sanctions given to the other inmates related to the specific charge(s)
10. prepare a monthly summary report of all disciplinary proceedings for the Institutional Head, which will contribute to an annual institutional report to highlight trends and identify concerns and potential policy gaps.

6. The Serious Disciplinary Hearing Advisor will:
1. educate staff and contractors of their responsibility to report inappropriate inmate behaviour and any measures taken towards resolution
2. assist witnesses or any other persons involved in the hearing by providing information about roles and responsibilities in the disciplinary process and hearings
3. provide ongoing education and awareness to staff and contractors on the disciplinary process and about disciplinary hearings.

7. The Serious Disciplinary Hearing Clerk will support the Serious Disciplinary Hearing Advisor and will:
1. schedule disciplinary hearings
2. keep the Independent Chairperson informed about the institution’s hearing schedule or calendar
3. within five working days of the designation of the charge, notify staff required to testify of the date and time of their appearance, and ensure they are provided with a copy of the Inmate Offence Report and Notification of Charge (CSC/SCC 0222) originally submitted
4. arrange for and ensure the availability of a suitable hearing location and the availability of the videoconference equipment, when required
5. arrange for and ensure the availability of all participants (e.g., the charged inmate, witnesses) and evidence (e.g., video recording, documentation)
6. arrange for interpretation services (provided by staff where applicable or through a formal service provider) to be present at the hearing in cases where the accused does not speak or understand either official language, or has a disability that would require the use of an interpreter
7. in cases where mental health concerns have been raised, ensure that supporting documentation from consultation with a registered health care professional is included and/or that a registered health care professional is available to attend the hearing
8. ensure that the supporting documentation, including the inmate’s Indigenous social history, is included for consideration and the Elder/Elder’s Helper/Indigenous Liaison Officer is available to attend the hearing
9. notify the inmate in writing of changes of their hearing date and document accordingly
10. prepare movement permits for the inmate who has been charged as well as any inmate witnesses
11. contact and confirm attendance with legal counsel involved in cases
12. notify the principal entrance staff and the Correctional Manager of visits by the Independent Chairperson and legal counsel to ensure an escort to and from the hearing location is available
13. ensure that all charged inmates are given copies of the decisions (including warnings, dismissals, and withdrawals) on their case as soon as is practicable after the decisions are made and that copies of these decisions are maintained in the inmate’s Discipline and Dissociation file
14. ensure proper documentation in OMS of all charges laid, decisions, sanctions, and the reasons for each
15. ensure that proper records are kept in the correct files and that appropriate entries are made in OMS.

Assistant Commissioner,
Correctional Operations and Programs

Original signed by:
France Gratton

CD 087 – Official Languages
CD 580 – Discipline of Inmates
CD 701 – Information Sharing
CD 702 – Indigenous Offenders

Elder’s helper: a person contracted by CSC to assist offenders within the federal institutions to benefit from traditional healing and contemporary treatment interventions by supporting the work of Elders and the interdisciplinary team.

Independent Chairperson: a person other than a staff member of CSC who is appointed by the Minister, and who has knowledge of the administrative decision-making process for the purpose of conducting serious disciplinary hearings.

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):

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.

Serious Disciplinary Hearing Advisor: a staff member, not below the level of Correctional Manager, appointed by the Institutional Head to assist in the facilitation and administration of disciplinary hearings.

Serious Disciplinary Hearing Clerk: a staff member appointed to provide administrative support to the Serious Disciplinary Hearing Advisor.