Guidleines 750-1: Inmate religious accommodations

Guidelines

1. The Regional Chaplain will provide advice and information to the Institutional Head or delegate and to the Chaplain/contractor with regard to inmate religious accommodations.
2. The Institutional Head or delegate, not below the Assistant Warden level, will:
   1. approve inmate religious accommodations that reflect what is reasonably accessible to adherents in the community considering legislation and policy and the safety and security of the institution
   2. as appropriate, ensure that the accommodation of contraband/unauthorized items that are religiously required complies with Charter obligations for the inmate or faith community resource person requiring them
   3. ensure inmate religious accommodations are maintained throughout the inmate’s incarceration unless:
      1. they are temporarily suspended due to operational and security requirements
      2. discontinued or suspended following the non-observance review process
      3. requested by the inmate
   4. ensure decisions for non-observance review requests are made and shared with the inmate
   5. ensure inmate religious accommodation requests that do not have faith community support are processed according to the principles outlined in the Diets of Conscience Guide.
3. The Chaplain will:
   1. process all inmate religious accommodation requests. If a verbal request is made, the Chaplain will assist the inmate in putting the request in writing
   2. recommend inmate religious accommodations to the Institutional Head or delegate that are the religious practice of the inmate and supported by his/her faith community resource person
   3. inform the inmate that religious accommodation requests that do not have faith community support can be made to the Institutional Head
   4. manage the non-observance review process for inmate religious accommodations.

4. The Chaplain will:
   1. obtain from the inmate requesting a religious accommodation:
      1. a description of the required religious accommodation
      2. demonstration of affiliation with the religious tradition for which the accommodation is being requested
      3. contact information for his/her faith community resource person for confirmation of affiliation, religious care and support and that the requested accommodation is a requirement of the faith
   2. facilitate and support the relationship between inmates and their own faith communities or, when available, facilitate an alternative connection with a faith community resource person accepted by the inmate
   3. validate the requested accommodation with the inmate’s identified faith community resource person
   4. submit the Religious Accommodation Recommendation and Decision Form (CSC/SCC 1540) to the Institutional Head or delegate
   5. notify the inmate of the anticipated timeframe to complete the religious accommodation request.

5. The Chaplain will:
   1. receive the written Religious Accommodation Review Request (CSC/SCC 1541) from staff. If a verbal request is made, the Chaplain will direct the staff person to complete the form
   2. meet with the inmate and the inmate’s identified faith community resource person to review the non-observance, receive feedback and provide remedial instruction to the inmate as needed
   3. make recommendations to the Institutional Head or delegate regarding the continuation or suspension of the religious accommodation.

6. Inmate religiously accommodated items and clothing will be dealt with pursuant to CD 566-12 – Personal Property of Offenders and CD 860 – Offender’s Money. Required religious clothing for day-to-day use will be included in the total allowances.
7. The inmate’s faith community and family can donate approved personal observance items and resources if prior approval is obtained from the Institutional Head or delegate.
8. Religious clothing and head coverings used only for worship, rites and rituals and not for day-to-day use will be accommodated outside the standard clothing allowance pursuant to CD 566-12 – Personal Property of Offenders and the Fire Safety Manual.
9. Searching of sacred items will be carried out pursuant to CD 566-7 – Searching of Offenders, CD 566-9 – Searching of Cells/Rooms, Vehicles and Other Areas and CD 566-13 – Detector Dog Program. Staff should make every attempt to avoid contact with sacred items during a search.
10. The Institutional Head or delegate will ensure candle and incense use for religious accommodations are approved as appropriate pursuant to CD 259 – Exposure to Second Hand Smoke and the Fire Safety Manual.

11. Religious Holy Days and other special observances will be accommodated to the fullest extent possible within the operational requirements of the safety and security of the institution. Food for these events is in accordance with the Religious Diet Requirements Guide, and pursuant to CD 890 – Inmate Owned Canteens.
12. Individual religiously required observances (including faith community resource person visits) that cannot be scheduled outside of CSC programming/work hours will be accommodated.
13. Supportive (optional) religious activities and programming do not require a scheduled accommodation. Inmate attendance in supportive religious activities and programs during regular work and program hours is at the discretion of the inmate’s work supervisor, teacher or program delivery officer, in consultation with the Chaplain as needed.

14. The Institutional Head or delegate will accommodate religiously required rites of passage (e.g. birth, marriage, death) to the fullest extent possible within the operational requirements of the safety and security of the institution.

15. Inmates may request religious accommodations that have an impact on their health or therapeutic care. Consideration is to be given to inmate privacy, pursuant to CD 701 – Information Sharing, when considering the religious accommodation and medical care.

16. The inmate will be provided with a written notice of the final decision and the associated reasons in the Religious Accommodation Recommendation and Decision Form (CSC/SCC 1540), which will include notification of the right to submit a grievance for all or part of the decision pursuant to CD 081 – Offender Complaints and Grievances.

Assistant Commissioner,
Correctional Operations and Programs

Original Signed by:
Fraser Macaulay

CD 081 – Offender Complaints and Grievances
CD 259 – Exposure to Second Hand Smoke<
CD 566-7 – Searching of Offenders
CD 566-9 – Searching of Cells/Rooms, Vehicles and Other Areas
CD 566-12 – Personal Property of Offenders
CD 566-13 – Detector Dog Program
CD 701 – Information Sharing
CD 730 – Offender Program Assignments and Inmate Payments
CD 750 – Chaplaincy Services
CD 860 – Offender’s Money
CD 890 – Inmate Owned Canteens

Fire Safety Manual
Diets of Conscience Guide
Religious Diets Requirements Guide

Faith community resource person(s) : a person or persons identified by the inmate who:

• are designated by the faith community as clergy members, teachers, leaders or officials
• can confirm the inmate affiliation with the group, and
• have knowledge of the faith community’s religiously required practice for the inmate.

Inmate religious accommodations : provision for the exercise of inmates' religious rights as guaranteed by the Canadian Charter of Rights and Freedoms that falls outside CSC policy and procedures.

Non-observance : when an inmate is not following the authorized religious accommodation as described.

Sacred items : items that have a religious and/or spiritual significance and are treated with reverence by its owner in accordance with his/her beliefs.