Section 84 of the Correctional Service of Canada

New program from Six Nations Justice Department 

Note: The western word Offender has been changed to Harmer and the Victim will become the Harmed.

There is a new program coming to Six Nations from the Six Nations Justice Department. We have received information from one of the institutions that two individuals want to return back to the community. An Advisory Committee will determine if a return to the community is feasible or not, based on reports and a series of questions.

Section 84 was introduced by the Correctional Service of Canada (CSC) in 1992 to address the overrepresentation of Aboriginal peoples in federal prisons in Canada.

The Indigenous population has increased by 52.1 per cent, while the white population has decreased by 23.5 per cent. The intent of Section 84 is to collaborate with Aboriginal communities and harmers in the prerelease planning for Aboriginal harmers.

It applies to Aboriginal harmers who want to serve their eventual conditional or statutory release back on their reservation or in an urban area. It also applies to harmers who are subject to long term supervision orders.

There is a lengthy process that has to take place by the harmer if they want to return to the community or urban area. They need to follow and complete the Path Home: Release Planning Kit – Section 84 of the Corrections and Conditional Release Act. It’s not just a simple process of saying you want to return home.

This gives the community some control, as opposed to the harmer returning to the community without any plans or notice. There is an Advisory Committee who will obtain information on the harmer and ask them a series of questions before giving their decision on whether the harmer should return to the community or not. The final decision is with the Canadian Parole Board, (CPB).

Without Section 84, when a harmer has completed his or her time they can just return, with no plan. With Section 84, the harmer has a plan to follow, given supports, and has someone giving them direction and guidance. There will also be a time when the harmer and harmed will need to have a circle to start the healing process, where possible.

We are currently seeking additional volunteers to sit on the Advisory Committee. We are looking for individuals who have some knowledge about Restorative Justice or sees things from a Haudenosaunee world view. Due to scheduling requirements, our meetings with the harmer occur during the day and our Advisory Committee meetings take place in the evening.

If you would like more information about Section 84 or how to become an Advisory Committee member, contact Carol Burke at 226.227.2192 ext. 3288 or email carolburke@sixnations.ca.

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