What is Section 84?
Section 84 is part of the Corrections and Conditional
Release Act and reads as follows:
84.
Where an inmate who is applying for parole
has expressed an interest in being released to
an aboriginal community, the Service shall, if
the inmate consents, give the aboriginal community
(a)
adequate notice of the inmate's parole application;
and
(b)
an opportunity to propose a plan for the inmate's
release to, and integration into, the aboriginal
community.
84.1
Where an offender who is required to be supervised
by a long-term supervision order has expressed
an interest in being supervised in an aboriginal
community, the Service shall, if the offender
consents, give the aboriginal community
(a)
adequate notice of the order; and
(b)
an opportunity to propose a plan for
the offender's release on supervision, and integration,
into the aboriginal community.
Does
Section 84 apply to me?
Section 84 applies to all Aboriginal inmates working
on parole plans and it does not necessarily mean
that you must return home to your home community.
Sometimes the homes community where you spent
your time is no longer an option for a variety
of reasons.
What
Section 84 is not
(The FACTS Verses the Myth)
A
Special Type of Release
- No, Section 84 is not a special type of release.
In fact, all the standard forms of release are
still applicable including Day Parole, Statutory
Release, Warrant Expiry and Work Release. You
must be able to qualify for some type of Release.
To qualify for release and be successful in obtaining
it also means that you should have completed the
majority of your correctional plan and thus gained
support from the institution for your release.
Section
84 gets me released from jail sooner
- No, again, Section 84 consultation can occur
with the community in any time throughout your
sentence but you still must be able to qualify
for some type of release in order to get out of
jail. So Section 84 does not get you out of jail
sooner – YOU GET YOU OUT OF JAIL SOONER
by completing your correctional plan and working
in a good and healthy way towards your release.
Section 84 consultations support you in the process
of moving through the system.
Section
84 is a Release to my Community
- YES and No – Section 84 may develop into
a release to your community if a private home
placement is available however, you are still
accountable to the Correctional Service of Canada
for the remainder of your sentence. So if you
are unable to secure a private home placement
in your community and you have a condition of
residency as part of your release – you
will spend time at a Community Resident Facility
like Circle of Eagles Lodge in Vancouver and plan
the remainder of your return to your community
from there. So NO – Section 84 is not a
release to your community without proper plans
in place to accommodate your living arrangements
in that community.
My
Participation in Section 84 is a YES or NO Answer
-No Section 84 is not just your YES to participate
in the process – Section 84 is a commitment
to yourself, the community and National Parole
Board that your will continue to work on yourself
and whatever issues you might have at the community
level with the guidance of the Aboriginal Community.
Aboriginal Communities in this process take their
commitment to help very seriously as they recognize
that the time spent with you in turn help everyone.
How
Can I Apply for Section 84 and what is the Process?
If you make the decision that Section 84 is a
process that your want to participate in there
is a means by which you should apply;
1.
If you are at a federal institution – please
complete a letter to your community – telling
them who your are, where you are and a little
bit about yourself including your long term plans.
– Remember not all of us can write great
letters so if you are one of those that can’t,
please ask the native Liaison at the institution,
staff at the CRF or ask to see the Aboriginal
Community Development Officer - Laura Baird. Anyone
of these people can help you with your letter.
2.
Once your letter is complete - You should contact
the Aboriginal Community Development Officer –
Laura Baird through your Native Liaison, Elder
or Institutional Parole Officer. She will then
come and get your letter and present it in most
cases in person to your community. You must also
have signed a Disclosure of Information Form –
so that the Aboriginal Community Development Officer
has your permission to discuss you in the community.
3.
You are responsible for getting a copy of your
letter to your institutional Parole Officer which
he or she will keep on file.
4.
Once your Section 84 letter has been presented
to the Community or the appropriate Section 84
Committee – A decision will be made as to
whether or not the Community can enter into a
Section 84 consultation with you. If they can
they will advise you in writing and prepare a
community plan as per the Section 84 Act and present
that to you in person for your review.
5.
Once your have signed the Community Plan it is
placed on OMS as a Section 84 Community Assessment
and clearly documents what services, support and
programs you will be expected to participate in
at the Community level. The Section 84 CA is also
used for all release planning documentation at
the present time and in the future if your chose
to continue Section 84 at a later time.
6.
Section 84 Community Plans include programs, services
and expectations to participate in Aboriginal
Community Programs that are regarded to be of
the same merit as CSC programs. Your Commitment
to these programs is just as important once you
get to the Community.
7.
Once you make plans to appear in front of the
National Parole Board
– Your Section 84 Community Plans will be
included in your paperwork for review. So it is
important to remember to ask someone from the
community to appear at your hearing even if it
is just as an observer.
Contact
Us
Laura
Baird
Aboriginal Community Development Officer
Section 84 – Vancouver/Area
Tel: 604 – 218-1504
Pager: 604 - 607-9500
Bairdll@csc-scc.gc.ca
Community Email
oceanysde@hotmail.com
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