Transfers under the CCRA

The principal change introduced by the Corrections and Conditional Release Act in 1992 was that transfer provisions were elevated from their prior status as non-legally binding Commissioner's Directives to legislation and regulations backed by the force of law.

Section 28 of the CCRA sets out the criteria for placement and transfer:

Where a person is, or is to be, confined in a penitentiary, the Service shall take all reasonable steps to ensure that the penitentiary in which the person is confined is one that provides the least restrictive environment for that person, taking into account

(a) the degree and kind of custody and control necessary for

(i) the safety of the public
(ii) the safety of that person and other persons in the penitentiary, and
(iii) the security of the penitentiary;

(b) accessibility to

(i) the person's home community and family,
(ii) a compatible cultural environment, and
(iii) a compatible linguistic environment; and

(c) the availability of appropriate programs and services and the person's willingness to participate in those programs.

Section 18 of the CCR Regulations sets out the criteria for classification into maximum, medium and minimum security based on three factors: the probability of escape, the risk to the safety of the public in the event of escape, and the degree of supervision and control required within the penitentiary. Other provisions in the CCRA Regulations, supplemented by the Commissioner's Directives, set out a procedural code for transfers that distinguishes between voluntary transfers (those made at the request of the prisoner) and involuntary ones (those initiated by the warden), and between non-emergency and emergency transfers. Comissioner's Directive 540 sets out the step-by-step procedures for both non-emergency and emergency involuntary transfers that were in force during the period of my research from 1992 to 1999:

NON-EMERGENCY INVOLUNTARY TRANSFERS

The institutional head shall:

a. advise the inmate, in writing, of the reasons and destination of the proposed transfer;

b. give the inmate 48 hours to prepare a response to the proposed transfer;

c. meet with the inmate to explain the reasons for and give him or her an opportunity to respond to the proposed transfer, in person or, if the inmate prefers, in writing;

d. forward the inmate's response to the regional transfer authority [the Regional Deputy Commissioner] for a decision ;

e. give the inmate written notice of the final decision and the reasons therefor upon receipt, and

1) at least two (2) days before effecting the transfer, unless the inmate consents to a shorter period; and

2) within five (5) working days of the decision being made, where the decision is not to transfer.

EMERGENCY INVOLUNTARY TRANSFERS

Where, in an emergency situation, an involuntary transfer takes place without prior notification to the innate, the institutional head of the receiving institution shall:

a. meet with the inmate within two (2) working days of his or her placement in the receiving institution to explain the reasons for the transfer;

b. give the inmate 48 hours to respond to the transfer, in person or, if the inmate prefers, in writing;

c. forward the inmate's response to the institutional head of the sending institution;

d. give the inmate written notice of the final decision and the reasons therefor upon receipt and within five (5) working days of the decision being made.

( C.D. 540 , November 1, 1992, paras. 14-16. The Current procedures are set out in Standing Operating Practices, 700-15, February 20, 2001, paras. 9-19.)

The procedures I observed during my research at Matsqui and Kent included a further step in the process. In non-emergency cases, the initial notification of an intended transfer was reviewed at the institutional level to allow for any rebuttal the prisoner prepared. In almost all cases, that review resulted in a confirmation of the original recommendation, and this, together with the prisoner's response, was forwarded to the Regional Deputy Commissioner for decision. It is within this procedural matrix that the transfers described in the following pages occurred.

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