Question Period Note: Interception of Communications Lawsuit

A former Correctional Officer at Warkworth Institution has initiated a lawsuit against CSC alleging his personal cell phone communications were intercepted in 2015.

• The Correctional Service of Canada has received and is currently reviewing a Statement of Claim from a former employee. The Service takes its obligations to protect personal information and privacy extremely seriously.
• Back in 2015, when it was brought to the Service’s attention that some personal information of a staff member was unintentionally intercepted, the institution immediately stopped using this cell simulator technology.
• The Correctional Service of Canada remains vigilant in its attempts to eliminate contraband from entering institutions – this is key to maintaining secure facilities.
• The issue of unauthorized cell phones in correctional institutions is increasingly complex. The Service constantly evaluates security equipment and procedures to limit security incidents, prevent security breaches, and ensure a safe and secure environment.
• The Correctional Service of Canada is committed to ensuring that the use of security equipment conforms to all legal requirements.
 

In 2015, a cell simulator device was used at Warkworth Institution to detect the presence of contraband cell phones by inmates at this institution. Correctional Service of Canada (CSC) policy does not permit cellular devices in federal facilities because they can present a safety and security threat and can be used for illegal activity.

When it was brought to the Service’s attention that some personal information from a staff member’s cell phone was unintentionally intercepted through the use of this device, the institution immediately stopped using the technology. This was in 2015, and the cell site simulator has not been used since. This is consistent with what the Privacy Commissioner has indicated.

Cellular Phones in Correctional Institutions

The use of cellular phones within CSC institutions by inmates is prohibited. CSC has strict policies concerning contraband and unauthorized activities. These policies are enforced through extensive search procedures applying to staff, visitors and inmates.

Controlling and monitoring inmate communications is necessary in order to maintain a secure facility and to allow for interventions to encourage rehabilitation. All other types of “outside access” have necessary limits. For example, CSC's inmate telephone system allows CSC to monitor and control the access to, and the use of, telephones to communicate with members of the public.

Access to cellular phones may also enable inmates to be involved in outside criminal activities – including drug trafficking and organized crime activities – while incarcerated in federal facilities. Further, they may be used to contact members of the public, including victims, and to access content which may jeopardize the safety and security of an institution. Many of the capabilities of modern smart phones pose significant challenges to rehabilitation and public safety.

Corrections and Conditional Release Regulations

Under the Corrections and Conditional Release Regulations (CCRR), CSC has the authority to intercept inmate communications where there is reasonable grounds to do so, which can include correspondence and telephone calls.
The CCRR also stipulates that the institutional head would only authorize the interception in cases where the communications are not, or will not, be the subject of a privilege. Commissioner’s Directive 568-10: Interception of Inmate Communications provides direction to staff and defines the prescribed circumstances under which the lawful interception of communication between an inmate and another person may be requested, authorized and conducted.

Cell Phone Jamming

Internationally, correctional authorities have struggled to deal with the problem of how to keep cellular phones out of the hands of inmates. New Zealand, Ireland, Australia, France and Mexico are using “jamming” technology in some of their prisons. In the United States, jamming technology is prohibited by the Communications Act (1934). Cellular jamming (or some form of managed access) would allow CSC to stop problematic signals which give rise to the public safety risks associated with cellular phones. CSC has explored a variety of other approaches to detect and search for cellular phones but they have been increasingly difficult to detect. Given that new technologies have reduced their size and allowed for their ability to easily exchange their Subscriber Identity Module (SIM) cards, it is becoming easier for cellular phones to be concealed.

In 2012, CSC posted a Request for Information to assess the maturity of the marketplace in terms of which viable solutions may be available to mitigate the problem of contraband wireless communication devices inside Canadian prisons. However, the responses received were not satisfactory. CSC continues to assess potential solutions.

Furthermore, CSC continues to explore technical solutions available on the market and work with other criminal justice system partners and other government departments to monitor advancements with respect to the detection of illicit cellular phone usage, with the aim of identifying the most effective approach.

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