The inmate grievance system is designed to provide redress to inmates who have been wronged while in confinement and all inmates have access to it, unless the Deputy Commissioner has imposed a limit on a particular inmate as to the number of grievances he may submit. The system is not to be suspended under any circumstances. The Directive sets out that there shall be no reprisal for proper use of the grievance system. Grievances may only be submitted with respect to matters coming within the jurisdiction of the Commissioner of Corrections and which occur during the period of the inmate's confinement and which the prisoner feels has caused him a personal problem within the preceding two months. A prisoner must make a written complaint requesting corrective action from the institutional divisional head concerned, and can only submit the grievance if the matter has not been resolved and provided there are no other internal processes established for resolving the matter.

    There are three levels within the grievance system. The first level involves an inmate grievance committee and the director of the institution. The second level involves the Deputy Commissioner of the region and the third level involves the Commissioner of Corrections or an officer delegated by him. The Commissioner of Corrections has delegated his authority to answer grievances to the Inspector General and in his absence, the senior Deputy Commissioner. The Deputy Commissioners in each region and directors in each region are required to designate, in writing, the officers authorized to act for them in answering grievances in their absences, or when they are unable to act. If there is no inmate grievance committee established or it is unable to fulfill its function, the director or his delegate are required to deal with the grievance at the first level. There is provision for an outside review board to which prisoners may submit the reply of the first level review. This review board has an advisory role to the director. Written answers, with reasons, must be given to written complaints and grievances in all cases and various time limits are set down in the Divisional Instructions. Grievances can either be upheld or denied or, if the matter is not within the jurisdiction of the Commissioner, or there is other internal means of redress, then the matter is to be considered non-grievable and rejected. If a complaint or grievance has been submitted and it is determined that the prisoner is pursuing an alternative remedy of any kind in a court, including matters within the jurisdiction of a justice of the peace, then the complaint or grievance is not to be responded to until the decision outside the institution has been handed down. This provision is of significance as a matter of law and would indicate that there is no requirement to exhaust the grievance procedure before resorting to legal remedies in the courts. Provision is made for the handling of emergency and sensitive complaints and grievances, as well as to allow prisoners to seek redress when corrective action promised in response to a complaint or a grievance is unreasonably delayed.

    Provision is also made in the Divisional Instruction for the appointment of a grievance clerk from a list of prisoners selected by the voting members of the inmate grievance committee in the particular institution. The director of the institution can suspend or remove a prisoner from his position as grievance clerk. Similarly, the prisoner-appointed grievance clerk may decline to accept the position or may resign from the position at any time. The grievance clerk is required to inform and advise prisoners generally on the procedures, maintain appropriate forms, ensure that he is available during stated hours, assist prisoners in drafting complaints and grievances and keep records, as well as carrying out other duties requested by the grievance coordinator. They are not entitled to act as representatives at any stage during the proceedings and the director or the grievance coordinator may restrict access by the grievance clerk to certain files.

    The grievance coordinators are designated members of staff who are required to advise the director on all matters concerning complaints and grievances and set up and monitor the procedures, arrange for briefing of prisoners on the procedures, ensuring that all written complaints are answered and files are set up and that those designated as emergency or sensitive complaints or grievances receive a response without delay. The grievance coordinator is also required to ensure that all grievances are properly registered and are, in appropriate cases, submitted to the inmate grievance committee and considered within five working days of receipt and that grievances dealt with by the first level are forwarded to the next higher level. They are also required to ensure that prisoners receive written acknowledgement of the date their grievance is received for transmission to the outside review board, that all grievances received for transmission to the second level are forwarded without delay and accompanied by all supporting documents and to follow up on any corrective action stated in answers to complaints or grievances.

    Inmate grievance committees are required to consist of two prisoners from general population that are normally elected by the population, two alternate prisoner members, two staff members appointed by the director on a rotational basis and a non-voting chairperson who is appointed as needed by the grievance coordinator from a standing list of prisoners and staff who have indicated a willingness to serve in that capacity. In appropriate circumstances, there may be separate grievance committees for the general population, for segregation and for the protective custody prisoner population. Each committee has its own elected prisoner members, but the staff members, in the director's discretion, may sit on the various grievance committees within an institution. Members of inmate committees are not eligible to serve on inmate grievance committees and prisoner members on inmate grievance committees hold office for six months and may be re-elected only once. Members of such committees may withdraw at any time or be suspended or removed by the director and no one who has an interest or who is any way involved or comes from the area of being grieved, is entitled to sit on an inmate grievance committee. Similarly, staff members who are on such committees are exempted from duty if their attendance would result in the closing of a shop or major activity area.

    Outside review boards are composed of two volunteers who are members of the citizens advisory committee or some other community resource, who, at the director's request, have agreed to serve. Such boards have two advisors, one from the staff appointed by the director and the other an inmate nominated by the person submitting the grievance.

    Essentially, the system consists of a process where a prisoner who is seeking redress, who has not been able to resolve the matter in discussions with staff members, makes a written complaint pertaining to a matter that has caused the prisoner a personal problem within the last month. If the matter is an emergency, the sealed envelope containing the written complaint is to be marked and a more urgent procedure is set out. The same is true with respect to sensitive complaints that are required to be investigated within the greatest possible discretion. A prisoner who submits excessive complaints which are frivolous in nature may have the number of complaints he may submit limited. Provision is also made to allow the director to require the complainant to re-phrase his complaint if it does not conform to acceptable standards. On receipt of the complaint, the grievance coordinator registers the complaint and forwards it to the divisional head concerned. The divisional head is required to investigate the matter thoroughly and objectively without delay and wherever possible, interview the complainant and all other persons concerned to obtain full details in the matter. The divisional head may delegate others to perform the investigatory and interviewing tasks, but he must review the facts and sign for the response unless he is absent or unable to act. A reply, with reasons, must be submitted within five working days to the prisoner complainant through the grievance coordinator. If the complaint is valid, the divisional head is required to inform the prisoner of the corrective action proposed or recommended and estimated time required to complete the corrective action. If the corrective action requested by the prisoner is not appropriate and some other corrective action is intended, they are required to explain this to the prisoner. If the complaint is held to be invalid, the prisoner must be informed with reasons and advised of the subsequent procedure. If more time is required, the prisoner is to be informed, in writing, of the reasons for the delay and the amount of additional time required and the question of unreasonable delay is in itself a grievable matter. Complaints can be withdrawn in writing.

    As previously stated, the written complaint procedure must be followed before a formal grievance can be filed. If the complaint is held invalid, a grievance can be submitted once again to the grievance coordinator and similar provisions are made for emergency and sensitive grievances as with written complaints. Grievances pertaining to medical diagnosis or treatment are required to be forwarded directly to the second level. Provision is also made for group grievances when a number of prisoners wish to associate themselves with a grievance or are personally affected by the subject matter of the grievance. A special procedure is set out for group grievances. Grievances that are frivolous may be limited in the same manner as written complaints. After the first level and when a grievance is submitted to the next higher level, written acknowledgement of receipt is required and the grievance must always be submitted to the next higher level no later than eight working days from the date when the prisoner receives a written answer to the grievance.

    The inmate grievance committee is considered the first phase for processing grievances at the first level and that committee is required to deal with the grievance within five working days from receipt from the grievance coordinator. A fairly detailed hearing procedure is set out in the Divisional Instruction. Decisions and recommendations of the inmate grievance committee are decided by a majority vote and members dissenting from a majority vote may submit a separate report.

    The second phase of the first level is the director of the institution who must also deal with the matter within five working days from receipt of the inmate grievance committee's recommendation. If the grievance is rejected or denied at the first level, it may be submitted to the second level or a request for review of the grievance by the outside review board can be made.

    The outside review board process is required to be completed within ten working days of the date the request for review is received by the grievance coordinator. Provision is made for a hearing in front of the outside review board and its recommendations, with reasons, are forwarded to the director with a copy to the Deputy Commissioner of the region.

    If rejected at the first level, or proposed corrective action has not been taken within the estimated time, or reasonably soon thereafter, the grievance can be submitted to the Deputy Commissioner of the region. Once again, the answer and reasons of the Deputy Commissioner of the region must be given within ten working days of the date the grievance is received at Regional Headquarters.

    Grievances at the third level can only be submitted to the Commissioner of Corrections if they have been rejected at the second level, or the proposed corrective action hasn't been taken within the estimated time or reasonably soon thereafter. A grievance to the third level is submitted to the director of inmate affairs at National Headquarters with a copy to Regional Headquarters and is reviewed by the inmate affairs division prior to submitting its findings and recommendations to the Commissioner for decision. The same time limits and procedures set out for the second level apply to the third level.

    There are provisions for the extension of these time limits. Provision is also made for a withdrawal of grievances and to cover the situation where a prisoner is released, prior to receiving an answer on his grievance. Prisoners who have been released may submit grievances no later than ten working days after their release, provided the grievance pertains to something that happened during the period of their confinement and which is grievable. They can appoint another prisoner still in confinement to represent them before the inmate grievance committee or outside review board.

    Matters that are non-grievable are matters relating to the Privacy Act, including delays and appeals and issues pertaining to the content of files accessed under that Act, matters within the authority of the provinces or other agencies, such as the National Parole Board or the Correctional Investigator or his staff, matters involving claims against the Crown for loss of personal effects or compensation for work injuries, unless there has been no internal inquiry or there have been unreasonable delays in relation to such a matter, in which case the delays or lack of inquiry can be grieved. Similarly, matters pertaining to conviction and sentence or appeal in the courts or pertaining to the administration of justice that are not under the authority of the Commissioner of Corrections, or the treatment provided by individuals or organizations, including hospitals that are not under the Commissioner of Corrections' jurisdiction are not grievable. Furthermore, decisions of independent chairpersons who are not responsible to the Commissioner of Corrections, as well as decisions taken by institutional chairpersons of disciplinary boards are not grievable. Finally, classification of inmate positions and means of redress with separate appeals that are provided to National Headquarters are not grievable.