CORRECTIONS IN THE 21^ST CENTURY

Strategic Planning and Integrated Justice Directorate

Corrections Directorate
Correctional Service of Canada

MARCH 2000

This environmental scan is not meant to be all inclusive but rather to stimulate thought on emerging criminal justice issues. The views, ideas, or thoughts expressed in this report do not represent the policy of the Government of Canada, Solicitor General Canada, Correctional Service of Canada, or any other Federal Government Agency or Department.

TABLE OF CONTENTS

INTRODUCTION

CRIME REPORTING AND THE INCARCERATION RATE

Canada's population
Fear of Crime
The Rise in the Aboriginal Youth Population
Growing Social and Economic Inequality
Public Opinion on Correctional Issues

DRUGS

International Scene
Canadian Context
Substance Abuse in Prisons

INITIATIVES FOR LEGISLATIVE CHANGE

Public Bills
Private Member's Bills
Legislative Review

TECHNOLOGICAL ADVANCES

Integrated Justice Information
Video Conferencing
Electronic Monitoring
Electronic Identification
Drug Testing
Technology Related Crimes

OFFENDER HEALTH

The Aging Inmate Population
The spread of disease in correctional institutions

RISK ASSESSMENT

Systematic/Technical Risk Assessment Tools
Risk Needs Assessment

PRIVATIZATION

The Private For-Profit Sector
The Private Not-For-Profit Sector

ORGANIZED CRIME

VICTIMS

INTERNATIONAL TRIBUNALS

COMMUNITY CORRECTIONS

RESTORATIVE JUSTICE

International Trends
The Canadian Context
Restorative Justice in the 21^st Century

CONCLUSION

INTRODUCTION

With the onset of the new millennium, Canada's system of corrections and conditional release may undergo a number of transformations that are reflective of initiatives for legislative revision, demographic changes, shifting crime patterns and evolving public attitudes towards criminal justice issues. The changing composition of Canada's federal incarcerated population, its profile of health and behavioral characteristics and the advent of new technologies and concepts of governance and service delivery also pose unique challenges for Canadian corrections in the 21^st century.

Because of its responsibility for a significant portion of correctional services and conditional release in Canada, the federal government has an integral role to play in developing effective strategies to deal with these trends. A thoughtful consideration of the implications of these trends will allow for the development of meaningful policies and initiatives that will help to ensure the safety of all Canadians in the years to come.

This scan highlights a number of trends related to the law, Canadian demographics, crime, public attitudes and government priorities in order to gauge their possible effects on corrections in the next 15 years. The topics covered in this document do not comprise an exhaustive list, but have been selected as some issues which are worthy of serious consideration. The following areas are examined:

• Crime Reporting and the Incarceration Rate
• Drugs
• Initiatives for Legislative Change
• Technological Advances
• Offender Health
• Risk Assessment
• Privatization
• Organized Crime
• Victims
• International Tribunals
• Community Corrections
• Restorative Justice

The aim of this document is to stimulate discussion on the implications these trends may pose for the Ministry of the Solicitor General as well as other government departments. The material contained in this document does not necessarily represent the policies or views of the Solicitor General of Canada.

Canada's population

Canada's population is projected to rise to approximately 37 million by the year 2016 (Statistics Canada 1994: v). Commensurate with this growth, it is foreseeable that the absolute number of crimes committed may rise, even while the crime rate decreases. What this means for prison populations is unclear. Some experts have predicted an increase in the rise in the incarceration rate in the future despite a drop in the crime rate. However, in reality the incarceration rate is dependent on a complex set of factors such as developments in crime policy and legislation as well as criminal justice practices. Further, these factors will be influenced by such things as fear of crime, the rise in the Aboriginal youth population, growing social inequality, changes in public opinion and public attitudes towards drug use.

What is certainly evident is that the diversity of the offender population is mirroring the increasing diversity in Canada's population. It is reported that in 1986, members of visible minorities made up 6% of Canada's population; by 1991 they climbed to 9.4%; and by 1996 they comprised 11.2% of the population (Statistics Canada 1998). Further, it is expected that visible minorities will account for 1 in 5 Canadians by the year 2016, or 20%.

The most important factor that has contributed to this growth in the visible minority population in Canada is immigration (Li 1999: 3). The removal of racial or national barriers in immigrant selection in 1967 facilitated immigration from countries such as Asia, Africa and other non-traditional sources that historically were restricted to enter Canada (Li 1999: 3).

Another factor that may contribute to the growth of Canada's visible minority population is the continuing attempts of organized criminals to facilitate large-scale illegal immigrations into North America. In addition, the growing use of international tribunals may also lead to an increase in Canada's visible minority population.

Increases to immigration are likely to result in increases in offenders who are not Canadian citizens (CSC Environmental Overview 1998: 7). Additionally, illegal immigration may have significant implications for the composition of Canada's correctional institutions. If the refugee process is tightened up, the correctional system may have to assist with the secure detention of the relatively large numbers of people involved in these illegal immigrations, pending determination of their refugee/immigration status hearings. Similarly, increased use of international tribunals could have implications for the Canadian correctional system since offenders sentenced in these international courts may end up serving their sentences in Canada. In turn, our correctional system could see an increase in its offender population, accompanied by an increase in the number of offenders serving lengthy terms of incarceration.

1. This may occur even though the crime rate has been steadily decreasing for the past seven years. The crime rate, based on crimes reported to the police, fell for the seventh consecutive year in 1998. The 4.1% drop resulted in the lowest rate in nearly 20 years. Most crimes declined in 1998, including homicide, attempted murder, sexual assault, robbery, break and enter, motor vehicle theft and impaired driving (Canadian Centre for Justice Statistics 1999: 1). However, the crime rate is different than the total (absolute) number of crimes. Thus, the number of crimes can increase due to the increase in the population even though the crime rate is decreasing.
2. Studies have revealed that Canada's incarcerated population is likely to continue to grow in the future (Policy Research Committee 1996: 82). Between 1978 and 1997 there has been an average annual increase of 1.5% in Canada's total incarceration rate (federal/provincial). This figure us expected to be 1.4% for 1998-2007 (Correctional Service of Canada 1998: 13). However, the federal offender population increased from 1992-93 to 1996-97, but then decreased in 1997-98 (Correctional Service of Canada 1998: 13).
3. Other factors may impact the rate of crime reporting and the incarceration rate including changes to government policies and criminal laws, increased police resources, the media and statistical measurement tools.
4. According to the statute of the International Criminal Court, a sentence of imprisonment will be served in a State which is designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons (www.un.org/law/icc/statute/part10.htm).
5. Since many of the crimes likely to come before these tribunals will be of a very serious nature.

The implications of a more diverse correctional population are manifold. Those offenders who are not Canadian citizens will not be eligible for temporary absences, work releases or day parole due to detention orders - which could lead to an increasing inmate population (CSC Environmental Overview, 1998: 7). Further, programs and services offered within correctional institutions would have to be more culturally diverse in order to be responsive to the needs of this diverse inmate population (CSC Environmental Overview, 1998: 7). Lastly, correctional institutions would require staff with the appropriate communication skills, training and background to deal with this diverse inmate population.

Fear of Crime

One factor that could affect the rate of reported crimes as well as the incarceration rate is fear of crime. Statistics indicate that fear of crime has been increasing in recent years, even though the crime rate has actually been on the decrease for the past seven years, and the violent crime rate has been on the decrease for the past six (Canadian Centre for Justice Statistics 1999: 1). For instance, findings from the 1995 International Crime Victimization Survey show that 25% of Canadians reported feeling "a bit unsafe" or "very unsafe" when walking alone in their neighborhood after dark -- which is up from the 20% who expressed these feelings in 1991 (Canadian Centre for Justice Statistics 1998: 4).

Further, rates of fear of crime appear to be higher, on average, for females (Ferraro 1995: at 85) even though men are more likely than women to be victims of all types of crime except sexual assault (Ferraro 1995: 85). Gender differences in fear of crime are especially noticeable for certain types of crime. According to the 1994 British Crime Survey, women feel markedly less safe than men in situations where they are alone after dark, whether in the home or outside the home (Hough 1994: 15). Women are also more worried about burglary and mugging than men, and younger women are more worried than older women about rape and harassment (Hough 1994: 16).

One possible explanation for the public's high rates of fear of crime, and the increase in this fear, may be that the public often hold inaccurate stereotypes and information about crime and government programs related to criminal justice (Roberts 1998: 1). For instance, most people erroneously perceive violent crimes to occur more frequently than they actually do (Doob and Roberts, 1982), and erroneously believe the probability of becoming a victim of violent crime is higher than circumstances warrant (Weaver & Wakshlag, 1986; Gomme, 1986). Further, the public's fear of crime may be misdirected since they focus on sexual and violent offences committed by strangers, when in fact, sexual and violent offenses most frequently occur where the parties involved are acquainted (Petrunik 1994: 6). As these inaccurate perceptions often cause the public to have greater fear for their own safety, they contribute to the public's fear of crime (Roberts 1998: 1).

Another explanation for increased levels of fear of crime may be the aging of the Canadian population. The number of Canadians aged between 65-74 will increase by 30% between 1995 and 2011, the 75-84 age group will grow by 40%, and those individuals aged 85 and over will double in number (Policy Research Committee 1996: 80). This is supported by the population projection conducted by Statistics Canada, who found that according to a medium-growth scenario, the number of persons aged 85 and over will more than double in size from 1993 to 2016 (Statistics Canada 1994: 83). Conventional wisdom for several years was that fear of crime is higher among older adults than among younger people (Ferraro 1995: 67). Although the relationship between age and fear of crime is not linear, but far more complex, some studies have indicated that the elderly do experience higher levels of fear in relation to specific types of crime.

Fear of crime and the perception of becoming a victim of crime have important public policy implications (Warner and Caputo, 1986). Fear of crime could result in increased rates of reported crime and increased support for custodial sentences. In turn, the government may come under increased pressure to enact punishment oriented, or "get tough", legislation and may be encouraged to use community-based corrections strategies less often.

However, the enactment of punishment oriented legislation may actually have the result of strengthening society's irrational fear of crime by providing corroborative evidence that such enactments are in fact needed because crime is "truly" out of control. Moreover, such legislation may generate more legislation that is similar in nature, creating a vicious circle. Once a serious incident occurs after the enactment of a punishment oriented provision, the public may lose faith in the government's ability to address crime. The government in turn may be pressured to enact further punishment-oriented provisions to address the public's loss of confidence.

In order to avoid this cycle and effectively deal with the public's fear of crime, the government could implement an effective education program to inform the public on the realities of the criminal justice system. The program could attempt to de-bunk some of the myths associated with criminal activity, and could also inform the public of the many new initiatives, such as crime prevention programs, which have been undertaken by the government to deal with crime.

The Rise in the Aboriginal Youth Population

Another factor that may affect Canada's incarcerated population in the future is the rise in the Aboriginal youth population. In 1991, almost four out of ten persons who claimed Aboriginal status were under 15 years of age. This was almost double the proportion for the total population (Policy Research Committee 1996: 77). This segment of the population is estimated to grow by an additional 23% by the year 2006 (Policy Research Committee 1996: 77) (Appendix 2).

Without changes to the current education and employment situations of Aboriginal peoples, the increase in the Aboriginal youth population could have a significant impact on federal corrections. This is due, in large part, to the fact that the overrepresentation of Aboriginal peoples throughout the federal prison population is currently on the rise. Aboriginal persons accounted for 11% of admissions to federal penitentiaries in 1991-92, 15% in 1996-97 and 17% in 1997-98 (Canadian Centre for Justice Statistics 1999: 1), while they only represent between 2-3% of the Canadian population. Further, the proportion of Aboriginal people is greater in penitentiaries (15.9%) than under supervision in the community (10.3%) (Solicitor General Canada 1998: 45).

6. Ollenburger's 1981 analysis of adult Nebraska residents shows the elderly have the highest fear of crime (Ferraro 1995: 567).
7. The 1984 British Crime Survey indicated that older individuals were less inclined to worry about crimes such as assault and slightly more worried by the possibility of being bothered by strangers (Maxfield 1987: 22) In fact, even for the offence of mugging, which is generally thought to be especially worrying for older persons, there was no difference between people aged under 31 and those over 60 (Maxfield 1987: 22). However, anxiety about personal safety on the streets was found to increase steadily with age (Maxfield 1987: 22; Hough 1994: vii).
8. Another estimate found that Aboriginal people represent 13.5% of the federal offender population but only approximately 3% of the general population in Canada (Solicitor General Canada 1998: 45)

If the overrepresentation of Aboriginal people within the correctional system continues, the increase in the Aboriginal youth population could have significant implications since most crimes are committed by individuals who are between the ages of 15 and 25. Studies on criminal behavior suggest that young people are at a higher risk of engaging in criminal activity and that the prevalence of offending increases in teenage years and then decreases during one's twenties (Canadian Centre for Justice Statistics 1998: 4). This pattern is present in the federal correctional system, where offenders between 20 and 30 years of age comprise 38% of the inmate population, and an additional 33% are between 30 and 40 years of age (Solicitor General Canada 1998: 35).

However, it should be noted that several measures have been undertaken by the federal government to improve conditions in Aboriginal communities. For instance, the government will address the needs of low-income families with children as a government priority by investing $850 million over the next two years and by establishing centres of excellence to better understand of the needs of these families (CSC Environmental Overview, 1998: 24). Further, the Aboriginal Head Start program will be expanded in the reserves (CSC Environmental Overview, 1998: 24). These measures will contribute to crime prevention and will support community based programs aimed at dealing with a range of social and economic problems (CSC Environmental Overview, 1998: 24).

The RCMP has also developed other Aboriginal programs in an attempt to relieve some of the pressure on the corrections system from young Aboriginal persons. These include efforts on the part of the RCMP to foster cultural awareness and spirituality, adopt restorative justice approaches, utilize healing and sentencing circles, train police and community members for suicide intervention programs, and train aboriginal cadets for recruitment into the RCMP (for use in Aboriginal community policing).

Since there will be an increased need for correctional programs that are consonant with the needs of Aboriginal offenders in the future, there currently exists an opportunity for CSC to work with Aboriginal communities and other partners to improve reintegration of Aboriginal offenders (CSC Environmental Overview, 1998: 23). They can also explore opportunities in s. 81 and 84 arrangements with respect to the management of Aboriginal offenders in institutions as well as within communities (CSC Environmental Overview, 1998: 23).

The implementation of crime prevention measures as well as correctional programs tailored to the needs of Aboriginal offenders may mitigate against some of the effects of the increase in the Aboriginal youth population.

Growing Social and Economic Inequality

The socio-economic factors that are linked to criminal activity are extremely complex. While it is beyond the scope of this paper to analyze all of the economic factors that impact on crime, it is important to recognize that economic factors are partly the result of wider social trends. Economic factors cannot be understood apart from such things as healthy child development, coping skills, personal health practices, community and health services and social support networks. It is the interaction between social and economic factors which is seen to have an impact on criminal activity.

This having been said, broad "economic" trends, such as increasing social inequality and poverty, may prove to have some relationship to criminal activity. The existence of social inequality is evidenced by the marginalization of certain segments of society, poverty and a growing wage gap between Canadian workers. During the 1990's, family incomes declined on average and poverty increased substantially. As of 1996, 21.1% or 148,000 children under the age of 18 years were living in low income situations, up from 18.3% in 1991 and 14.5% in 1989 (CSC Environmental Overview, 1998: 16). Income disparities also seem to have increased over the last several decades. This increase may be attributed to such things as rising unemployment rates, changes in the composition of families (ie: rise in single parent families) and economic factors related to globalization and technological advancements (CSC Environmental Overview, 1998: 16).

Studies predict that the unemployment rate may increase in the future, thus contributing further to the problem of social inequality. For example, a study conducted by Informetrica Ltd. predicted that the unemployment rate will remain well above 8% and may even rise in the 21^st century (Sonnen 1999: 2).

This rise in the unemployment rate may have particularly disturbing effects for certain segments of society. For instance, a 1994 study found that in 1990, the employment rate of Canadians of non-Aboriginal origin was 11.7% higher than the employment rate of Aboriginals -- which was only 58.7% (Statistics Canada 1997: 2).

In addition, the rising costs of post-secondary education may also lead to further marginalization of certain segments of society. Projected post-secondary costs vary, but some reports indicate that the average costs for a four-year undergraduate university degree (including tuition, books, room and board) will be approximately $130,000 in the year 2015.

These increases in tuition fees will occur when most of the available jobs will require at least a 2-year diploma or degree (Heritage Scholarship Trust Plan 1998: 1). Thus, those individuals with low levels of education may find it increasingly difficult to find employment due to the increasing demand for highly educated workers (Policy Research Committee 1996: 69). This is especially true in light of the fact that most of the newly created jobs are in the managerial and professional occupations, and fewer jobs have been created for workers with lower levels of education (Policy Research Committee 1996: 69). For instance, among persons aged 25-44, the 1980s unemployment rate was 1.5 times higher for those with less than secondary school and now it is twice the average (Correctional Service of Canada 1998: 15). In addition, between 1981 and 1996, the unemployment rate for individuals aged 25 to 34 who had less than high school increased from 10% to 18% (CSC Environmental Overview, 1998: 15).

The inaccessibility of post-secondary education coupled with the increasing demand for a more skilled workforce may have a significant impact on Canada's incarcerated population - which is already composed of individuals who are less educated and less skilled than the general population. For instance, the findings of the "One-Day Snapshot" survey of inmates registered in adult correctional facilities on October 5, 1996 revealed that 36% of those incarcerated had a grade 9 education or less, compared to 19% of adults in Canada (Canadian Centre for Justice Statistics 1998: 6). Further, an even greater percentage (46%) of those inmates in federal institutions had a grade nine education or less (Canadian Centre for Justice Statistics 1998: 6). Lastly, over one-half of inmates (52%) were unemployed at the time of admission to the correctional institution, compared to 7% of adults in Canada (Canadian Centre for Justice Statistics 1998: 6).

9. For the upcoming round of federal and provincial government budgets, the slowed growth of output points toward, at best, unemployment rates continuing at current levels, or more likely rising rates (Sonnen 1999: 2).
10. If a child was born in the year 1997, and will be attending a post-secondary school in 2015, the estimated cost for a four year degree would be between $133, 000 and $135, 000 (Canadian Scholarship Trust Plan Agency 1998: 1 ; Heritage Scholarship Trust Plan 1998: 1)
11. For whom information available.

However, the impact of these factors may be mitigated by the projected decrease in the total number of individuals who are at high risk of committing crimes. Research reveals that most crimes are committed by adolescents and young adults (Canadian Centre for Justice Statistics 1999: 5). Between 1962 and 1978, there was a constant increase in both the crime rate and the rate of individuals aged between 15 and 24 years (Canadian Centre for Justice Statistics 1999: 5). However, since 1991, both the crime rate and the population of individuals aged 15 to 24 have been decreasing (Canadian Centre for Justice Statistics 1999: 5). According to Statistics Canada, although the age group composed of individuals aged 14-17 is expected to increase slowly until 2007 (under medium and low growth scenarios), it is then expected to decline to reach a level of somewhere between 1.5 and 1.7 million by 2016 (Statistics Canada 1994: 78). Further, the age group composed of 18 to 24 year olds is projected to increase until mid-2010, and then decline again according to the low and medium growth scenarios to between 3 and 3.3 million in 2016 (Statistics Canada 1994: 79).

In sum, it is unclear what impact the increase in the unemployment rate coupled with the inaccessibility of post-secondary education will have on corrections in the future. However, there is a possibility that the disproportionate amount of individuals in correctional facilities who come from low socio-economic backgrounds may rise in the future. In turn, resources may have to be allocated towards the development of reintegration programs that reflect marketplace reality (CSC Environmental Overview, 1998: 15).

Public Opinion on Correctional Issues

Public opinion on corrections is varied. Some studies indicate support for increased use of alternatives to incarceration and restorative justice, while others suggest an increase in a "law and order mentality" towards certain types of offences.

The trend towards public support for restorative justice and alternatives to incarceration is visible from the results of several studies. For instance, a study conducted by Hann and associates found that when participants were provided with a definition of "restorative justice", 90% of respondents said that they favored this approach to corrections either strongly (41%) or somewhat (49%) (Hann and associates, 1998). Further, when asked whether a system that keeps inmates in prison until the end of their sentence was preferable to a system which released some inmates under community supervision, a discretionary release system was favored by a ratio of 3:1 (Hann and associates, 1998).

In addition, a study by Goldfarb and Associates demonstrated a shift in public opinion from a "law and order" mentality towards an attitude more receptive to alternatives to incarceration and restorative justice. In addition, an Environics study indicated that once Canadians are informed of the problem of prison over-crowding, they prefer the greater use of non-prison sentences and crime prevention to increased prison construction.

Finally, a study conducted by the Angus Reid Group found that participants understood the financial burden associated with a high rate of incarceration and agreed that certain offenders should not be incarcerated (Angus Reid Group 1996: 19). Some participants in the study suggested decriminalizing certain offences (such as possession of soft drugs and prostitution) and argued that crimes such as fraud and theft should be countered with fines and community work rather than prison terms (Angus Reid Group 1996: 19). Lastly, some felt that Aboriginal sentencing circles could be used in many cases while others suggested restitution, electronic surveillance, early day parole for low-risk, non-violent offenders, a focus on rehabilitation and an increased emphasis on social programs and social workers (Angus Reid Group 1996: 20).

12. In this population projection, a high-growth scenario assumes an upturn in fertility to 1.9 children per woman by 2016; life expectancies at birth of 81 and 86 years in 2016 for males and females and annual immigration to reach a high of 330,000 by 2005; the medium growth scenario reflects the continuation of current trends; and the low growth scenario is based on declining immigration, a decline in fertility to 1.5 births per woman, and a low mortality assumption of 77 years for males and 83 years for females (Statistics Canada 1994: 65).
13. A law and order mentality refers to an attitude supportive of longer prison sentences, stricter laws etc.
14. The study indicated that when respondents are questioned in detail, three quarters of them state that they prefer alternatives to incarceration for offenders (Carey 1998: The Toronto Star A2).
15. Support for alternatives to incarceration increased to 75% when respondents were told that people working in the justice system prefer these alternatives for non-violent, low-risk offenders (Environics 1998: 3).
16. The Angus Reid Group conducted a study of eight focus groups across Canada.

Nevertheless, large majorities of Canadians also believe that sentences are too lenient (79%), that the enforcement of the law is too lenient (69%) and that criminal laws themselves are too lenient (65%) (Environics 1998: 2). In addition, the aforementioned Hann and associates study found that 42% of participants believed that punishment was the primary purpose of corrections, while 58% of participants believed that rehabilitation was the primary purpose (Hann and associates, 1998).

There is some research indicating that dissatisfaction with perceived sentencing leniency stems, at least in part, from misperceptions about criminal justice issues (Roberts 1998: 23; Roberts 1997: 23-34). For instance, most Canadians significantly under-estimate the rate of incarceration and over-estimate the proportion of federal offenders who commit new offences while released on parole (Robert Hann and Associates 1998: i-ii). Thus, the tendency of the public to underestimate the severity of sentences, among other things, may explain why they believe sentences are too lenient.

It is difficult to determine the effect that public attitudes will have on the future of corrections; however, efforts could be made in the area of citizen engagement and public education to inform the public of the realities of the criminal justice system. As indicated by the Angus Reid Group, the media play a significant role in shaping public opinions and as a result a large number of myths concerning correctional issues have been created -- such as the belief that crime has increased over the past few years (Angus Reid Group 1996: 2). Public education initiatives could engage Canadians citizens and in turn dispel many of the myths surrounding the criminal justice system. In addition, it would allow for increased consultation between community members and the Ministry of the Solicitor General. This would create an opportunity to forge partnerships among the public and corrections, policing, parole and security officials.

Such partnerships are encouraged in the Social Union Framework Agreement - an agreement between the federal government and provincial and territorial government. Specifically, the third part of the framework entitled "Informing Canadians - Public Accountability and Transparency" speaks about the need to ensure effective mechanisms for Canadians to participate in developing social priorities, and also refers to the use of third parties, where appropriate, to assist in assessing progress on social priorities. Lastly, the holding of public education forums may also provide a means for the government to report to Canadians on the outcome of corrections programs - which would further enhance the accountability and transparency of the government.

The costs of drug use in Canada society generally, and in Canadian correctional institutions in particular, are significant. In 1992, the health, social and economic costs of alcohol and illicit drugs to Canadian society was estimated to be $8.89 billion (Interdepartmental Working Group on Substance Abuse 1998: 27). These costs are attributable to direct losses associated with the workforce, transfer payments, prevention and research, law enforcement and healthcare, and the largest cost for both alcohol and illicit drugs was due to lost productivity due to illness and premature death (Interdepartmental Working Group on Substance Abuse 1998: 27). Thus, problems associated with substance abuse, production of illicit drugs, and drug trafficking cause harm to individuals, families and communities (Interdepartmental Working Group on Substance Abuse 1998: 2).

With respect to the impact which drugs have on the criminal justice system, it may be important to note that illegal drugs are linked to the commission of crimes in a number of different ways. First, possessing, cultivating or buying illegal drugs are activities which in themselves constitute a violation of the law (Canadian Centre for Justice Statistics 1999: 2). Second, the use of intoxicants may encourage some individuals to act out by distorting their inhibitions, perceptions and reason (Canadian Centre for Justice Statistics 1999: 2). Third, individuals suffering from drug addictions may commit crimes for the purpose of obtaining the money they need to purchase more drugs (Canadian Centre for Justice Statistics 1999: 2). Lastly, the drug market is a major source of income for many offenders and for members of organized crime groups (Canadian Centre for Justice Statistics 1999: 2). In fact, drug trafficking is the most common crime perpetuated by organized crime groups in Canada (Canadian Centre for Justice Statistics 1998: 4). According to police accounts, nearly nine criminal organizations in ten (88%) were involved in drug trafficking in 1997-1998 (Canadian Centre for Justice Statistics 1998: 15).

17. It is believed that this number represents the most optimistic cost - the actual number could be significantly higher (Interdepartmental Working Group on Substance Abuse 1998: 27).
18. Direct law enforcement costs associated with substance abuse are estimated to be $513 million - for corrections, and probation (Interdepartmental Working Group on Substance Abuse 1998: 27).
19. For instance, individuals suffering from drug addictions show high incidence rates of offending and are responsible for a large proportion of muggings and other offences (Killias 1998: 245). The high correlation between robbery and drug use is attributable to the high cost of drugs, which often compel individuals to steal in order to pay for their drug addictions (Farrell 1998: 22).
20. This is a finding from a pilot study of 16 police forces.
21. Further, the pilot study found that 86% of criminal organizations were the subject of police investigation during the first seven months of 1998; two-thirds of these organizations were charged; and over one-third of these charges were drug-related (Canadian Centre for Justice Statistics 1999:1).

International Scene

Throughout the world, a variety of approaches have been adopted to deal with problems associated with drugs. Some countries view drug use as a social and medical concern, while other countries consider drug use to be a criminal problem. In those countries where drug use is primarily seen as a medical and social problem, there has been support for the implementation of alternative methods of dealing with drug use (Junger-Tas 1992: 208).

For instance, in Dutch countries a "harm reduction model" has been implemented whereby legal control is expressed in intensified criminalization of  the drug trade paralleled by a decriminalization of drug users (Kemmesies 1997: 188). It includes the use of substitute prescription and needle exchange programs for drug users. Similarly, in the Netherlands drug policies have been adopted which aim to curtail the illegal drug trade while helping the individual user. In addition, Britain has implemented a needle exchange program (Killias 1998: 249) and methadone prescription has been utilized in various countries throughout the world.

Although studies on the effectiveness of these programs show mixed results, some reports indicate that the number of individuals addicted to heroin has actually increased following the implementation of these alternative methods of treating drug use. One study indicates that there has almost been a tripling of the number of heroin addicts in Holland since the country first liberalized its drug policies and a substantial increase in the number of individuals being treated in the methadone-maintenance programs run by the Ministry of Public Health (Collins, 1999). Further, these figures indicate that Holland has twice as many heroin addicts per capita as Britain, which is known for having one of the most serious heroin problems in Europe (Collins, 1999). Lastly, the introduction of the "coffee shop" laws was followed by an increase in marijuana use among Dutch youths aged 18 to 25 (Collins, 1999).

Canadian Context

Canada's drug strategy reflects a balance between reducing the supply of drugs and reducing the demand for drugs (Interdepartmental Working Group on Substance Abuse 1998: 1). A balanced approach of education, prevention and diversion to treatment and a reduced demand for drugs combined with enforcement or supply reduction are the main initiatives of the Canadian drug policy.

Prevention is seen as the most cost-effective intervention, as it reduces the burdens which drugs pose on all aspects of society, including correctional institutions. Prevention efforts include working with communities to alleviate the social and economic conditions which breed drug abuse problems, and delivering education and awareness of these issues to the public - most especially to youth (RCMP Drug Awareness Service, 1999).

Canada has also adopted various innovative programs to deal with drug use, in addition to the already existent drug offence provisions in the Criminal Code and the Controlled Drugs and Substances Act. For instance, a drug treatment court was recently opened in Toronto in an attempt to reduce the number of crimes committed to support drug dependency. The court also aims to connect people receiving treatment with community services which deal with the related social, health and economic needs of people with drug addictions. The project will be used to evaluate the cost effectiveness of this approach as an alternative to incarceration.

In addition, the B.C. College of Physicians and Surgeons operates provincial methadone programs (Watts 1998: Victoria Times Colonist). Of the province's estimated 15,000 intravenous drug users, 4,000 are enrolled in methadone therapy and about 400 doctors have been prescribing methadone (Bailey 1998: CP Wire).

Further, the BC Ministry of Health runs a needle exchange program called Street Outreach Services. There are approximately 3,700 people registered in the program, and approximately 1,400 people use the program each year (Watts 1998: Victoria Times Colonist).

22. The increase was from 6511 in 1988 to 9838 in 1997
23. According to a cost benefit analysis study, a dollar spent in prevention saves up to $15 in health care, criminal justice and other costs (Kim 1995: 111-128).
24. The court will operate as a collaborative effort between the Centre for Addiction and Mental Health, the criminal justice system in Toronto, the Toronto Police Service, the city of Toronto Public Health and Healthy City Office, and various community-based service agencies (Department of Justice Canada 1998). It only deals with cocaine and heroine dependant persons.

Although some innovative approaches have been developed in Canada to deal with drugs, whether these programs will be adopted on a wider scale is still a matter of some controversy. Case law, parliamentary debates and the views of the law enforcement community reflect a various opinions on the issue.

For instance, there are a series of cases dealing with the issue of using marijuana for medicinal purposes. One such example is the Wakeford case, in which an AIDS patient argued that marijuana alleviated the side effects caused by his AIDS medication. The court granted him an interim constitutional exemption from those provisions of the Controlled Drugs and Substances Act that prohibited possession, production and cultivation of marijuana.

The issue of using marijuana to treat certain medical conditions, as well as the recreational use of marijuana, has also been debated in the House of Commons. For instance, a reform MP introduced a private member's bill (Bill 503) to decriminalize possession of small amounts of cannabis and the Ontario NDP and Liberal leaders have called for similar measures. However, the Premier of Ontario has remained firm in his unwillingness to decriminalize the drug.

In addition, the Canadian Association of Chiefs of Police (CACP) drug policy resolutions call for the establishment of alternative justice measures, as set out in Bill-41, for summary conviction offences of possession of cannabis, after a mandatory assessment of the accused. A range of options to deal with the offender should include, among other things, drug and life skills counseling, fines, community service or a combination of alternative measures.

25. For further information see in R. v.Clay (1997), R. v. Parker (1997) and Krieger (1998, Alberta).
26. Wakeford v. Canada, [1999] O.J. No. 1574.
27. The CACP Drug Policy Resolutions may be found at (www.cacp.org)

In sum, it is uncertain whether there will actually be any major changes in the way drugs are treated in Canadian society. Although other societies have gone as far as decriminalizing certain drugs (such as marijuana), the cultural attitudes and mores of those countries are distinguishable from those of Canada. Public opinion, case law, and political will are all factors that will influence the type of drug policies that are adopted in the future, with the ultimate decision being left to parliament.

However, what is somewhat certain is that any major policy changes with respect to drugs would have far reaching implications. As previously mentioned, the effects of drugs are seen throughout society, whether in crime rates, prison admissions, organized crime or the social lives and health of drug users, and their families. In turn, any significant change in Canada's treatment of drugs would necessarily have implications on Canada's corrections and conditional release system as well as Canadian society as a whole.

Substance Abuse in Prisons

Having discussed the broad societal effects occasioned by drugs, it is also important to note the implications that drugs have for Canada's correctional system. Within the correctional context, drug trafficking and drug use impact on CSC's ability to provide safe, healthy, drug-free institutions and also have implications for the effectiveness of reintegration initiatives and CSC's ability to protect the public (CSC's Departmental Performance Report 1999: 62).

Drug use within correctional facilities is a serious concern. In an attempt to address the drug problem in correctional institutions, in 1992 the Correctional Service of Canada introduced a Urinalysis Program aimed at providing correctional staff with information on the incidence and types of drug use in correctional facilities (CSC's Departmental Performance Report 1999: 63). CSC conducted random urinalysis tests of 5% of its correctional population each month. In fiscal year 1998-99, marijuana/hashish was found in 67% of positive samples, while opiates were found in 15.9% and benzodiazepines were found in 8.5% of the positive samples in CSC institutions (CSC's Departmental Performance Report 1999: 65). Of the offenders on conditional release, 50% of positive samples contained marijuana/hashish, 26% contained opiates and 21% contained cocaine (CSC's Departmental Performance Report 1999: 65). Further, according to the CSC generated CLAI database, 14.1% of inmates are dependant on alcohol, whereas 32.9% are dependant on drugs.

In addition, Drug Recognition Expert (DRE) training is being used in some correctional facilities, particularly those facilities that are situated in British Columbia. The DRE program was initially developed in the 1970s by traffic enforcement officers of the Los Angeles Police Department. The procedure trains selected officers to utilize a standardized twelve step evaluation procedure, that enables the officer to determine whether an individual is under the influence of drugs, and then to determine the type of drug causing the observable impairment (Los Angeles Police Department, Drug Recognition Expert Unit). It is significant that the training enables the drug recognition experts to rule in (or to rule out) many medical conditions, such as illness or injury, that may be contributing to the impairment.

The implications which drugs have for the corrections system are multi-faceted. First, there is evidence to indicate that there may be a correlation between drug and alcohol use and crime. Specifically, according to the CLAI database, 32% of offenders surveyed felt that alcohol had increased their involvement in crime, and 43% felt that drugs had increased their involvement in crime. Similarly, 23% said they were under the influence of alcohol, and 27% said they were under the influence of drugs, during most of or all of the crimes they ever committed. Lastly, of those who used either alcohol or drugs the day of their most serious crime, the majority (77%) indicated that these substances made them more likely to commit a crime.

28. For more information, visit the Los Angeles Police Department website (www.lapdonline.org/index.htm).
29. It should be noted that the CLAI Data bank is comprises of a large number of statistics that are beyond the scope of this paper. However, more information is available on the CLAI database.

Second, the spread of infectious diseases has been directly related to drug use. There is now a greater possibility of acquiring these diseases while incarcerated and of spreading them to staff, visitors and the community at large (CSC's Departmental Performance Report 1999: 62). This leads to serious costs for the correctional system and also leads to psychological/emotional costs/health costs for inmates (see offender health section of this scan for more detail).

Lastly, the use of drugs within correctional facilities creates problems with respect to organized criminal activity. The link between drugs and organized crimes will be discussed later, under the heading "organized crime". At this stage, however, it is simply important to appreciate that drugs do pose significant problems for the Canadian correctional system.

A number of initiatives for legislative change have been proposed that may have significant implications for the Ministry of the Solicitor General. These initiatives, whether they are in the form of private member's bills, public bills, or comprehensive reviews of current legislation, signal the need to remain abreast of legal developments impacting on Canada's corrections and conditional release system.

Public Bills

Public bills that may have implications for the Ministry include the Youth Criminal Justice Act, the amendments to the Criminal Code dealing with victims and Bill C-69 An Act to Amend the Criminal Records Act. In addition, legislative change being considered in other areas of the law presents potential implications for correctional populations in Canada.

The Youth Criminal Justice Act was introduced in the House of Commons in 1999. If the act were to be passed, it would represent a major reform of the young offender regime that could have significant implications for the handling of young offenders in the future. Specifically, under the act young offenders who have committed serious crimes could receive adult sentences, while less serious offenders would be dealt with through community measures and alternatives to incarceration (Department of Justice, "Youth Criminal Justice Act - Backgrounder", 1999: 1).

The legislation tabled by the Minister of Justice (C-79) to strengthen the voice of victims of crime would also have implications for the corrections and conditional release system. In particular, ensuring that victims have an opportunity to prepare victim impact statements and that they can read these statements aloud in court could have implications in terms of the sentences imposed on offenders, and in turn the number of individuals serving custodial sentences.

It is also believed that Bill C-69, which introduces amendments to the Criminal Records Act, will improve the safety of Canada's children and other vulnerable groups by making the criminal records of pardoned sex offenders available for background checks. Before these amendments, an agency serving children or other vulnerable groups could request that job applicants provide proof of a background check of criminal records through the Canadian Police Information Centre (CPIC). However, such a search would not reveal pardoned records. With the amendments to the Criminal Records Act, a "flag" would be placed on the CPIC system so that a police agency doing a screening search would be made aware that a pardoned sex offender record exists. A request to unseal the pardoned record could then be submitted to CPIC headquarters. In turn, childcare organizations will be better able to identify job candidates who have received pardons for previous sex offences.

Legislative change being considered in several other areas could lead to upward pressures on prison and penitentiary populations by establishing tougher penalties for existing offences and creating new offences. For instance, discussions at a recent Federal-Provincial-Territorial meeting reveal the seriousness with which justice ministers view organized crime issues such as economic crime and frauds, money laundering, gangs, intimidation and the new issue of people smuggling. Although a number of new initiatives in the area have already been undertaken (see below under heading of Organized Crime), Ministers directed Steering Committee Deputies to develop specific proposals to strike against organized crime. Proposals included reviewing laws to see how they can be updated and strengthened and introducing new money laundering legislation. Legislation with respect to the issue of people smuggling could lead to increased prison and penitentiary populations inasmuch as it would facilitate prosecution of those engaged in smuggling migrants into Canada and raise the penalties for this type of offence.

In addition, the Federal Justice Minister has agreed to recommend that Parliament increase the maximum penalty available for stalking from five to ten years. Such an amendment could have significant implications for Canada's penitentiary system, assuming that sentencing judges are willing to hand down longer prison terms for stalking offences as a consequence of the new legislation.

Lastly, the Minister of Justice recently proposed amendments to the Criminal Code that would increase the maximum penalty for impaired driving causing death from 14 years to life imprisonment (Department of Justice, "Criminal Code Amendments Target Impaired Drivers", 1999: 1). These proposed changes are in addition to the new impaired driving law, which includes among other things, an increased penalty for driving while prohibited -- from two years to five years imprisonment (Department of Justice, "Tougher Impaired Driving Law Comes into Force", 1999: 1).

However, the federal Department of Justice's proposal to hybridize certain offences in the Criminal Code may counterbalance some of the effects of the aforementioned legislative proposals. By reclassifying over 90 Criminal Code offences into "dual procedure offences", punishable by indictment or summary conviction, more offences may be prosecuted summarily in the future, with the result that shorter sentences could become more common for certain offences than in the past.

Private Member's Bills

There are also several private member's bills which could have significant implications for corrections in the future. One example is Bill C-247, consecutive sentencing, which provides that a sentence imposed for sexual assault will be served consecutively to any other sentence for an offence under that section or s. 272 or 273 that a person is subject to when they are sentenced. However, the sentencing judge has the discretion to order that the sentence be served concurrently where appropriate. The act also provides that where a person is sentenced for murder and is at the time of sentencing subject to a sentence for an offence other than murder, they will not be eligible for parole until they have served the legally required parole ineligibility period for that other sentence.

Another bill of some significance is C-219, which creates a mandatory minimum sentence of 2 years for a second or subsequent break and enter on a dwelling house. The bill could have a significant impact on custodial levels since the two year minimum sentence imposed would lead to an increased number of individuals serving sentences in federal correctional institutions.

Further, Bill C-251 would repeal part of s. 718.2(e) of the Criminal Code, the provision that states that imprisonment is to be used as a last resort especially in relation to Aboriginal offenders. The impact of this bill could be significant since Aboriginal over-representation is a significant cause of Canada's high incarceration rate, and repeal of a section which attempts to deal with this overrepresentation could have a negative impact. However, it is unclear what impact the bill would truly have in light of the Supreme Court of Canada's decision in R. v. Gladue, which gave strong support for this section.

Other bills that could have implications for Canada's corrections and conditional release system are Bill C-265, which creates a "3 strikes" legislation, with mandatory life sentence, for 15 specified offences; and Bill C-266, which makes possession and possession for the purpose of trafficking small amounts of cannabis resin and cannabis ticketable offences under the Contraventions Act.

Legislative Review

Various pieces of legislation are also undergoing comprehensive reviews in order to assess their ability to respond to the changing needs of Canadian society. For instance, the Canadian Human Rights Act is currently being reviewed in order to determine how it can be updated to best protect and promote the rights of Canadians.

In addition, the Corrections and Conditional Release Act (CCRA), which came into force in 1992, is currently being reviewed pursuant to s. 233 of the Act which requires a comprehensive review five years after the Act's coming into force.

The CCRA is the legislative foundation of Canada's federal corrections and conditional release system (Solicitor General Canada 1998: 1). It replaced the Penitentiary Act and the Parole Act with a new legislative framework that made it clear that public protection is the paramount consideration in all decisions regarding the treatment and release of inmates (Solicitor General Canada 1998: 2).

It is expected that the House of Commons Standing Committee on Justice and Human Rights will present a series of recommendations in relation to the CCRA following the review. Although it is not clear at this point what these recommendations would entail, it is likely that the any recommended changes or amendments to the CCRA would have implications for corrections and conditional release in Canada.

Integrated Justice Information

Currently, information on offenders is dispersed among numerous jurisdictions, and is not always shared among criminal justice practitioners. This creates a number of difficulties for correctional personnel tasked with making decisions in the area of risk assessment and risk management and also poses substantial obstacles for law enforcement personnel who require accurate information in order to apprehend offenders.

Technological advances have allowed for the development of an effective and timely flow of information. However, the development of an infrastructure for information exchange is a major political and administrative task, and highly resource intensive.

Recently, the Ministry of the Solicitor General established an integrated justice information directorate to develop a system to deal with information sharing limitations. The directorate envisions a criminal justice environment that promotes public safety by facilitating the sharing of information among federal, provincial and territorial partners (Solicitor General Canada 1998: 50). Additionally, the directorate aims to ensure that information is captured once and then re-used and enriched during the business process (Solicitor General Canada 1998: 50). In order to achieve these goals, the system would be designed to be capable of collecting, storing, fully sharing and exchanging critical information among criminal justice agencies in a timely manner (Solicitor General Canada 1998: 49).

An integrated justice information system may lead to increased public safety. The successful application of risk assessment and risk management tools in corrections is considered to be fundamentally dependent on the creation of an effective infrastructure for information exchange among all criminal justice agencies that deal with offenders (see risk assessment section below). With accurate profiles of offenders at their disposal, police and correctional personnel may be better equipped to make informed decisions. In turn, we may see fewer cases of information mishandling as well as increased levels of public confidence in the criminal justice system.

Video Conferencing

Currently, video conferencing is used for bail applications, remands and family court matters in Manitoba, Calgary and New Brunswick. It consists of a two-way link between the courthouse and the remand centre that enables the accused, lawyers and judges to communicate.³²

30.The technology will first be available to federal criminal justice partners, with subsequent expansion to other criminal justice partners to follow (Solicitor General Canada 1998: 50).
31. Efforts are also underway to renew the current CPIC system. Federal Solicitor General Lawrence MacAulay announced that $115 million has been approved to renew CPIC. The renewal of CPIC is part of the Solicitor General's Canada Public Safety Information Network (CPSIN) initiative to support federal and provincial efforts to combat organized crime and promote effective corrections to increase community safety (Caroll 1999: 1). CPIC 2001 (Renewal) is aimed at addressing the frail, overburdened and aging CPIC system. Over the next four years, CPIC will be replaced with a modern computer system emphasizing reliability, added features and much improved information sharing with other law enforcement, provincial, and federal databases (Carroll 1999: 4).
32. A telephone line is also used to allow defense attorneys to speak privately with their clients.

The method has been successful and many accused prefer it to attending court as they do not have to be brought to the courthouse in handcuffs and stay in a holding cell all day for a brief court appearance. Further, it is a cost-effective and efficient method of conducting legal procedures. For instance, with video conferencing, police escorts are not required to transport the accused to and from court. In addition, this technology decreases the possibility of escape during transport and lessens the opportunity for the accused to display aggression against witnesses, victims and correctional personnel.

In the 21^st century, this technology may be used to conduct actual trials. Video conferencing may aid in the fight against international organized crime since it could be used in cases where the parties are in foreign countries. In turn, this may be a cost-effective and more efficient method of prosecuting of international organized crime.

Lastly, video conferencing would enable victims to participate in the court process, without having to face their victimizer face to face. This could increase the reporting rates for certain types of crimes, since those crime victims who feared meeting their aggressor face to face may find comfort in the idea of testifying through a video conferencing arrangement. However, use of such technology during an actual trial may give rise to elaborate arguments that the rights of the accused to face the charges against him or her are compromised in this process.

Electronic Monitoring

Technological advances may facilitate improved monitoring of offenders in the community. Electronic monitoring (EM) is a method that has been used to accomplish this task for years in various countries. In Canada, electronic monitoring programs are currently in operation in Ontario, British Columbia, Saskatchewan and Newfoundland (Bonta 1999: V).

EM is intended to enhance compliance with house arrest. Under EM, offenders are generally placed under community supervision, with the condition that they remain in their homes with some exceptions to attend work or other legitimate activities (Bonta 1999: 1). Then, a tamper resistant device may be attached to the offender (ie. a bracelet), or the device may be surgically implanted in the offender (Carter 1998: 10). This equipment emits a signal to a computer within the correctional agency ensuring information about the offender's location (Bonta 1999: 1).

Other forms of electronic monitoring have also been developed such as the use of a computer to dial the telephone in an offender's home at random intervals to confirm his or her location, or mounting video cameras near the telephone to verify visual contact (Bonta 1999: 2). Offenders can even provide breathalyzer tests to ensure compliance with drug and alcohol abstinence conditions (Bonta 1999: 2) Alternatively, an alarm can sound off if the offender strays out of range from the base unit in the home (Bonta 1999: 2).

Current electronic monitoring methods have certain limitations. First, there is evidence that electronic monitoring has a "net widening" effect. The original intention of electronic monitoring was to enforce house arrest orders. Increasingly, however, its is being used as a community-based alternatives to incarceration, which has raised concerns that offenders who are given the "new" alternative would have received a community sanction were it not for EM (Bonta 1999: 3).

An additional concern related to the current method of electronic monitoring is connected to the privacy rights of the offender. Generally, electronic monitoring takes the form of house arrest and often offenders are subject to the program following release from prison. In turn, they are subject to more intensive monitoring than they would be subject to under a standard release arrangement.

However, recent developments in the area of electronic monitoring could render it a more appropriate method to deal with individuals following release from custody. In addition, electronic monitoring could be used as a true alternative to incarceration in the future. There appears to be some support for such a use of electronic monitoring, as evidenced by increasing interest in using electronic monitoring in combination with conditional sentences in order to intensify the supervision of offenders serving their sentences in the community.

For instance, technological advances in the area of EM will also enable effective monitoring of offenders outside of the home, without subjecting offenders to privacy violations. Over the next five years Iridium technology may enable the development of a monitoring mechanism that could track offenders everywhere they go, anywhere around the world³⁷. The benefits of this include the tracking of unlawfully at large (UAL) offenders.

33. Such as the United States, England and Wales, Australia, Israel, and even in Canada (John Howard Society of Alberta 1991: 4).
34. The net-widening effect refers to the situation where increased numbers of individuals are processed through the criminal justice system as a result of the adoption of alternatives to incarceration since these "alternatives" are merely add-ons to the already existing system. For instance, the adoption of more "alternatives" results in a situation where there are more programs/methods to deal with offenders. In turn, those offenders who may have normally received a warning and would have been diverted out of the system may now be sentenced to one of these "alternative" programs - thus increasing the number of individuals processed through the criminal justice system.
35. A review of the characteristics of those offenders and program eligibility criteria reveals a portrait of an alternative program that appears to be targeted at relatively low risk offenders (Bonta 1999: 3). Thus, electronic monitoring may not be a true alternative to incarceration, and its use may actually increase the costs of corrections.
36. For more information see Cleary, Ryan (1999) "Vacancy: Not enough prisoners to justify keeping penitentiary unit open" The Telegram (St. John's) Friday October 22, 1999; Janzen, Leah (1999) "Manitoba criminals may finally get high-tech jewlry for their ankles - NDP listening to judge's call for devices to monitor conditional sentences" Winnipeg Free Press, October 24, 1999.
37. Iridium technology refers to the development of an extensive system of satellites being placed throughout the world. By extension, it may be likely that such a system will be used to track offenders all over the world.

In addition, geo-based tracking systems could enable monitored offenders to be followed 24 hours a day, regardless of their location(s). This technology would warn potential victims of the offender's approach and warn authorities and victims if the offender strays too close to "hot zones" such as parks, and past or potential victims. This technology has already been developed, and may be increasingly used in the 21^st century.

In fact, reports indicate that Sierra Wirelesss, Inc., a British Columbia based company, has entered into a contract with the US company ProTech Monitoring Inc. to create wireless modules to transmit information in monitoring the location of offenders under community supervision (Sierra Wireless 1998: 1). Further, ProTech has already received inquiries from courts in Winnipeg and Vancouver with respect to this technology.

However, it is unclear whether the use of electronic monitoring, as well as other tracking devices, would be a cost-effective method of monitoring offenders in the community. This is because it is difficult to estimate the true cost of such programs since many EM programs target low-risk offenders and thus run the risk of widening the net (Bonta 1999: 7). In addition, although some estimates of the cost of EM are relatively low, these costs may only appear low in comparison to incarceration since the typical cost estimate for incarceration is based on the costs of staffing, meals, clothing and other services (Bonta 1999: 8). Although the cost of incarcerating an offender often exceeds $100 per day, once an institution is staffed and operating, the cost drops dramatically (Bonta 1999: 8).

Further, if electronic monitoring becomes increasingly common in the future, and goes from a concept of "house arrest" to a community corrections approach, the impact on the policing community could also be significant. Since the police are the first response to any violation of the offender's monitoring conditions, an increased numbers of individuals released in the community on electronic monitoring arrangements could translate into a substantial resource impact on the police.

Electronic Identification

Electronic identification uses available, integrated technology to achieve a positive identification of an offender on community supervision (Carter 1998: 11). One example of this type of electronic identification is seen in the form of an interactive electronic kiosk which allows the offender to report to the case manager electronically from locations that are pre-approved as part of the offender management plan (Carter 1998: 11). The intervals for requiring identification during an offender's daily routine could be so tightly controlled so as to represent a more passive form of monitoring, or at least tracking capability (Carter 1998: 11).

This technology may be increasingly used in the 21^st century. However, one should remain cognizant of the fact that although this technology makes community supervision more convenient, it could also isolate the offender from their probation officer since it provides little to no face-to-face contact. In addition, although the kiosk may be a means for the offender to report as to whether or not they have abided to their release requirements, it does not guarantee the honesty or accuracy of their responses. With face-to-face contact with the probation officer, honest and accurate answers to such questions may be more likely. In addition, electronic identification would not replace programs and services that offenders require to address their treatment needs.

Drug Testing

In the 21^st century, more advanced drug testing methods may be utilized to monitor drug use in correctional institutions and among offenders released on parole. An accurate testing method would not only enable correctional personnel to detect which inmates are using drugs but it may also afford them with an opportunity to target long term drug users in order to develop effective treatment programs for these individuals. Further, parole officers would know with a greater degree of certainty whether or not their clients have been using drugs, and thus violating their conditions of parole.

Urinalysis, the current method of drug testing, is problematic due to its invasive nature and inability to always detect drug use. For instance, although it enables the detection of certain types of drug use, such as marijuana, it fails to provide accurate detection of certain types of hard drugs or detection of long term drug use. In turn, other technological advancements, such as testing hair samples, may improve our ability to detect drugs in a less intrusive manner.

38. The technology consists of fitting the offender with an ankle bracelet and giving him or her a portable tracking device (PTD) that monitors the proximity of the ankle bracelet. Global Positioning System (GPS) satellites track the location of the tracking device 24 hours a day. Corrections personnel can declare any area off-limits to the offender and can establish a daily schedule for the offender. These areas can then be programmed to the offender's personal tracking device using cellular communications. When the offender enters into an area which has been declared off-limits, he is notified of the violation and a wireless message (sent by fax, pager or cell phone) also advises the supervision agency as well as victims at risk (Sierra Wireless 1998: 2).
39. The cost-benefit analyses reported in the literature have been equivocal. Ball et al. (1988) reported the results from two analyses using different assumption: in one analysis it cost more to keep offenders in EM than in jail, and in the second it cost less (Bonta 1999: 7). Further, the Ontario pilot EM project cost $216,000 more than incarceration (Bonta 1999: 7).
40. Reports indicate that the "early warning device" developed by Protech would enable 24-hour community supervision of the offender, at a cost of $15 a day (US) as opposed to $68 (US) a day for incarceration (Belford 1998:The Financial Post).
41. In order for the probationer to be sure that it is the correct individual using the kiosk, a positive identification system is used, which involves biometric feedback technology.
42. Drugs remain sequestered in the hair shaft indefinitely, thus providing detection during a much larger "window" (Mieczkowski 1995: 1). In fact, approximately 60 days of drug use can be seen in one inch of hair (Mieczkowski 1995: 2; Columbia Laboratory services 1999: 1). In addition, the collection, transportation, preservation, and storage of non-septic and inert hair samples are simple processes when compared to those associated with collecting urine specimens (Mieczkowski 1995: 2; Columbia Laboratory Services 1999: 1).

Technology Related Crimes

Advances in information technology have offered some new and highly sophisticated opportunities for law-breaking and have created the potential to commit traditional types of crimes in non-traditional ways (United Nations at 2).

Theft, fraud, defamation, money laundering, stalking, gambling, narcotics trafficking, dissemination of hate crime, pornography, obscenity and even terrorism now occur through computer, satellite, telecommunications and cable connections. Further, advances in information technology have also facilitated new types of crimes such as computer forgery, damage or modification to computer data and programs, and copyright violations of computer software (United Nations at 8-9; Loundy 1998: 10-24).

As a result of these new opportunities for law-breaking, a new class of offenders may become more prevalent in the future. Although history has shown that computer crime is committed by a broad range of persons including students, amateurs, terrorists and members of organized crime groups, employees in the data processing field appear to represent the largest threat (United Nations at 5). One study estimated that 90 per cent of economic computer crimes are committed by the employees of victimized companies (United Nations 5). However, as advances continue to be made in remote data processing, the threat from external sources may escalate (United Nation 5).

Specifically, the increasing connectedness of systems and the adoption of more user-friendly software may result in a further change in the profile of the computer offender (United Nations at 5). Complex computer routines and augmented security measures may mean that it will be increasingly unlikely that a single individual will possess all of the requisite information to utilize a computer system for criminal purposes (United Nations at 5). In turn, organized computer criminal groups, composed of members from across the world, may continue to emerge (United Nations at 5).

Computer criminals may pose particular problems for law enforcement, prosecutorial and corrections communities. For instance, by re-routing information and/or choosing any number of possible paths to send information on the internet, computer criminals may make it difficult for police to locate, trace and identify individuals originating these communications (United Nations at 5). Further, current criminal laws may not necessarily reflect technological advances, and may have to be interpreted broadly or be amended so that they can be used to prosecute certain types of computer crimes (Scott 1998: 117). Lastly, crimes committed via the internet pose jurisdictional issues for the courts as internet communications circumvent geographical borders and territorial-based laws (Gosnell 1998: 369).

43. The implications of an increase in the number of inmates who come from organized crime syndicates on Canada's correctional system is discussed in further detail below (see organized crime section).

With respect to the latter point, it is unclear who has jurisdiction over a statement which is made on the internet but is accessible in several regions (Bastarache 1997-1998: 415). Further, there is some confusion as to the applicability of the Criminal Code, the Charter and the Canadian Human Rights Act when only certain elements of an offence are committed in Canada or when it is only the effects of a crime which are felt in Canada (Bastarache 1997-1998: 415).

Computer criminals may also pose certain problems for the correctional community. For one, as members of organized computer groups, these individuals may also be members of organized crime groups. Due to their knowledge and skills, these individuals could exploit the computers in correctional facilities and use the internet (if available) and associated technologies as a medium through which to commit their crimes. Further, these individuals may present special handling problems since, unless they are totally denied access to all computers, they can probably continue their brand of criminal activities almost as easily from inside a prison, as from outside it.

The security risks posed by these individuals may become even more pressing as a consequence of the trend towards wireless communication. The availability of multiple sources of communication (such as cellular phones equipped with e-mail capability) could provide major organized crime figures who are inside institutions with an easier means of managing their organizations and could even allow them to direct the commission of new offences. In effect, this type of technological development threatens to undermine one of the original purposes of a custodial sentence - which was to protect society by taking the offender physically "out of circulation".

In turn, where these individuals have access to computer terminals, special attention may have to be paid to ensure that these individuals are not accessing and/or copying any sensitive information over these terminals. Although some of the problems which these individuals could pose are alleviated by the fact that offenders generally do not have access to the internet, correctional officers may still have to monitor their actions and must also understand the implications of their actions. In addition, measures may have to be taken to ensure that these offenders do not have any other communicative devices in their possession.

The Aging Inmate Population

The aging of Canada's incarcerated population may have a significant impact on the future of corrections. In recent years, the number of older offenders in correctional facilities has grown rapidly (Uzoaba 1998: 68). A comparison made between the institutional population of older offenders for 1993 and May 1996 revealed that there was a 10% growth of older offenders in these three years (or 275) and an almost exponential growth in 1996 alone (Uzoaba 1998: 12-13). In May 1996, there were 1, 379 offenders in federal institutions ranging from 50 to 90 years of age. Longer prison sentences coupled with increasing life expectancy may result in an increase in the number of elderly individuals in CSC's care (CSC Environmental Overview, 1998: 20).

Prison administrators have begun to recognize the unique needs of this segment of the correctional population. Firstly, older offenders have specific medical care needs which can have significant impacts on the type of programs and services required in correctional facilities (Uzoaba 1998: 61). Those individuals who grow old in prison and experience deteriorating health conditions will require special medical attention. Special care units may have to be placed in correctional institutions to accommodate the daily needs of the elderly, and the older offenders may have to be provided with such necessities as hearings aids, medication (ie. blood pressure medication), eye glasses, canes, walkers, wheel chairs and pace-makers. In addition, elderly inmates may require special diets, nutrition monitoring and in some cases continuous care.

Second, modifications may also have to be made to correctional facilities to accommodate the needs of this segment of the correctional population. Commodes and showers and bathtubs with handrails should be accessible to older offenders who require them (Uzoaba 1998: 61). In addition, the physical layout, conditions, structure and social realities of the prison institutions are geared toward the younger offender (Uzoaba 1998: 71), and may have to be re-designed to accommodate the needs of older inmates.

One way to accommodate the needs of older offenders would be to segregate them from the younger offenders by constructing separate correctional facilities or by housing them in a separate unit within the same institution. This may prove to be a viable option since most older offenders find that living in close quarters with younger offenders is a strain on them since they may be subject to various abuses at the hands of these individuals (Uzoaba 1998: 72). However, some experts argue against segregation, stating that older offenders provide stability and order for the institution (Uzoaba 1998: 74)

44. The largest number of older offenders, 632, are in the 50-54 category and they represent more than 45% of the older offender population. 170 elderly offenders (65 and over) are in federal prisons (Uzoaba 1998: 12-13).
45. There is a high incidence of multiple chronic health problems including severe heart problems, diabetes, hypertension, cancer, Alzheimer's, Parkinson's, ulcer, emphysema, and diminished hearing, eyesight and memory among these individuals (Uzoaba 1998: 61).
46. Some argue that such an arrangement may increase self-respect, diminish feelings of loneliness and depression, stimulate desire for social interaction, reawaken intellectual interests, encourage a sense of identification with peers and a shared feeling of historical legacy, increase capability to resume community life, and generate treatment programs (Uzoaba 1998: 72). Separate facilities could also prove to be more cost effective as special equipment for older offenders and caretakers would not have to be supplied to every correctional facility - but simply to those which house older inmates.

Third, an aging inmate population may have an impact on the skills required of correctional officers who will not only be required to have security training, but may also require skills to deal will the elderly and the infirm. Further, correctional staff may be required to have some form of medical training in the future. Compulsory "registered nursing" (RN) courses for correctional staff, for example, may be a means to ensure that these individuals are able to address the needs of the elderly and may also be a cost-effective alternative to equipping correctional facilities with increased numbers of health care professionals.

Lastly, the aging of the inmate population may impact the programming in correctional institutions. Most prison programs were not developed with older offender in mind but were developed to rehabilitate offenders who are young, aggressive, poorly educated, lacking skills, and not highly motivated (Uzoaba 1998: 68). Older offenders may not be proper candidates for these programs, especially those related to vocational training and formal education since few older offenders are likely to re-enter the work force upon release (Uzoaba 1998: 69). Nonetheless, programs could be developed to assist these offenders in adjusting to the circumstances of imprisonment and to prepare them for post release conditions.

The needs of older offenders in relation to programming may be complex due to the physical, intellectual, and emotional deterioration brought on by old age and long-term confinement. Thus, more attention could be paid to these individuals, and resources be devoted to programs which deal with their emotional and psychological well being, their social isolation, as well as their avoidance and denying behavior (Uzoaba 1998: 70). Emphasis could be placed on integrated, comprehensive programs structured to promote life satisfaction and successful reintegration into the community (Uzoaba 1998: 70).⁴⁷

47. For instance, job training programs could be geared towards the older worker, and could use devices such as large print computer peripherals, and redesigned workspaces for easier access and telecommunication devices for the hearing impaired (AGRC 1998: 1).

This having been said, the justification for incarcerating older offenders with poor health conditions may also be examined. Since it is conceivable that older offenders may not pose much of a risk to public safety, accommodating their needs through special programs, modifications to correctional facilities, staff training and medical services may not prove to be the most efficient or cost-effective means of dealing with these offenders.

The spread of disease in correctional institutions

The rise of AIDS, non-treatable tuberculosis and Hepatitis B and C infections in prisons may have a significant impact on the future of corrections. The incidence of these diseases within correctional facilities has been increasing, and studies have shown that spending time in prison increases the risk of infection among intravenous drug users (Wells 1998: 63). For instance, in1996, 159 inmates were known to be living with HIV or AIDS in federal prisons in Canada (Jürgens 1996: 32). This represented an increase of approximately 46% from the 109 inmates with HIV or AIDS known to be living in federal prisons in April of 1994 (Jürgens 1996: 32). The rate of infection among offenders is approximately ten times that of the national average (CSC Environmental Overview, 1998: 19).

According to Health Canada, intravenous drug use and sexual activity between men appear to be the two main causes of HIV infection in Canada. The exposure category of men who have sex with men (MSM) stills represents the majority of the overall AIDS cases (74.4%) even though there has been a decline in the number of reported cases over the last ten years (Health Canada, HIV/AIDS Epi Update, 1999: 3). At the same time, there has been an increase in the number of adult cases of AIDS which are attributable to intravenous drug use -- from 2.5% in 1989 to 16.0% in 1998 (Health Canada, HIV/AIDS Epi Update, 1999: 3).

There are also very high Hepatitis C seroprevalence rates in prisons as evidenced by three Canadian studies which revealed rates of between 28 and 40 % (Jürgens 1996: 46). In addition, up to 90 % of intravenous drug users are infected with Hepatitis C (CSC Environmental Overview, 1998: 19).

There are several costs associated with the spread of disease in correctional institutions. Since quality, professional care may be required for these inmates on a daily basis, correctional institutions may be equipped with special health care units and healthcare professionals in the future. In addition, correctional service providers will have to deal with the costs associated with treating these diseases. An individual who has full blown AIDS requires $1300 in drugs each month and the lifetime costs for a person who is HIV positive are $100,000 (Correctional Service of Canada, Environmental Overview, 1999: 51). Further, the yearly costs associated with treating Hepatitis C are $4000 per person (Correctional Service of Canada, Environmental Overview, 1999: 51).

In addition, there are human costs associated with such diseases and these costs are gaining increased recognition. In fact, it is probable that the spread of infectious diseases within correctional institutions will gain recognition as a human rights issue in the future. It is a well-known and accepted principle that offenders are sentenced to prison as punishment and not for punishment. It is an equally known and accepted principle that offenders retain the rights of all members of society, except those that are necessarily removed as a consequence of the imposition of a prison sentence. In particular, there is agreement that prisoners have a right to health, and in the context of infectious diseases, this includes giving prisoners the means to protect themselves from exposure to diseases such as HIV/AIDS (Jurgens 1996: 88). Putting offenders at an unacceptable and real risk of contracting serious (and sometimes deadly) infectious disease is not a part of the sentence imposed by the Courts.

48. HCV infection is now the second most frequently reported of the 47 nationally reportable disease entities (The Hepatitis Information Network 1998: 1)
49. To prevent the rampant spread of infectious diseases, needle exchange programs as well as methadone programs are already being used in certain correctional facilities. Research conducted on the effectiveness of these programs has been optimistic. In fact, one study indicated that similar programs conducted outside of the prison system have dramatically reduced the reported level of sharing equipment from 60 to 90% in 1986 to less than 20% in 1996 (Wells 1998: 63).
50. In 1989, MSM accounted for 79.9% of all reported adult cases of AIDS, and by 1998, 50.2% of all adult cases of AIDS were attributed to this exposure category (Health Canada, HIV/AIDS Epi Update, 1999: 3).
51. There are a number of international instruments that deal with the rights if prisoners, prison health services, and HIS/AIDS in prisons including the United Nations Standard Minimum Rules for the Treatment of Prisoners, International Covenant on Civil and Political Rights, and the World Health Organization 1987 Statement from the Consultation on Prevention and Control of AIDS in Prison. and their 1993 guidelines.

Lastly, strategies may have to be developed to deal with this population upon release. Individuals released from prison experience stigmatization by the wider community as a consequence of their time served in custody. If these same individuals have contracted contagious diseases, this stigmatization may increase further. In addition, the lifestyles of many offenders may result in an increased likelihood of transmission to others once these individuals are released into the community (CSC Environmental Overview, 1998: 20). In turn, it may become incumbent on the Ministry to develop effective strategies to facilitate the effective reintegration of this particular population of individuals.

Systematic/Technical Risk Assessment Tools

In recent years there have been calls for increased use of risk assessment tools throughout the criminal justice system. The response to these demands has been a "new generation" of risk assessment tools, which utilize static as well as dynamic factors to provide a systematic and technical method of assessing risk. For instance, twenty years ago, many of the decisions made by prison classification, probation and parole officers as well as parole boards were based on experience and professional judgement (Bonta 1999: 236). Problems were associated with these subjective offender assessments and in turn researchers sought and developed more objective and standardized methods of risk assessment (Bonta 1996: 63; Bonta 1999: 236).

Actuarial risk assessment tools are being increasingly used by correctional personnel. For instance, the Statistical Information on Recidivism (SIR) scale was officially adopted by the National Parole Board as a release-risk scoring system (Motiuk 1997: 3) and the Psychopathy Checklist - Revised (PCL-R) has become the actuarial standard for the diagnosis of psychopathy (Bonta 1999: 239). Other examples include the Salient Factor Score, the Client Management Classification Strategies, the Level of Supervision Inventory (LSI and LSI-R) and the Historical, Clinical and Risk Management (HCR-20) violence risk assessment scheme (Motiuk 1997: 2; Kirkpatrick 1999: 2; Douglas 1999: 3).

52. One of the earliest forms of this type of objective risk assessment was the developed in 1928 by Burgess to study the recidivism of parolees (Bonta 1996: 63).
53. This scale involves an extensive review of an individual's official criminal record to complete 15 risk-related items including, and breaches of trust (Motiuk 1997: 3).
54. The PCL-R has also been shown to have a high degree of validity (Bonta 1999: 239).
55. In addition, there have been developments in the assessment of mentally disordered and sexual offenders. The Violence Risk Appraisal Guide (VRAG) has shown impressive predictive validity for violent re-offending among mentally disordered offenders, and the HCR-20 offers a promising integration of clinical and actuarial information for forensic applications (Bonta 1999: 238). An actuarial assessment scale has been developed to assess risk among sex offenders, and Hanson and Harris have moved beyond the assessment of static risk dfactors to study potentially dynamic factors (Bonta 1999: 238).

Research indicates that the use of risk assessment scales improves the decisions of those tasked with making risk determinations by 30% (Andrews and Bonta 1998;). It was found that the use of these scales allows for a more accurate identification of those individuals considered to be at a very high risk of re-offending, and also serves as a better identifier of those individuals who are at low risk of re-offending.

The emergence of these tools will require that correctional personnel be provided with training that prepares them to utilize these risk assessment tools.

Risk Needs Assessment

Research in the area of criminogenic needs is also becoming increasingly common among criminal justice professionals. The "need principle" places the focus on a variety of offender characteristics (such as employment and substance abuse) that when changed are associated with changes in the chances of recidivism (Motiuk 1997: 1).

The development of effective risk-needs assessment tools may provide correctional staff who are charged with the responsibility of preparing inmates for release into the community a framework for case management and service delivery (Bonta 1999: 238). In turn, correctional staff may be better able to promote public safety since the early identification of criminogenic needs may lead to the development of more effective rehabilitation programs and services, which may decrease recidivism levels. Lastly, the use of such tools will increase accountability within the correctional system

The Private For-Profit Sector

In broad terms, privatization may be defined as the transfer of traditionally performed government functions from the public sector to the private for-profit sector (Joel 1993: 53). There are several forms of prison privatization, which include the contracting out of prison services, the prison industry, facility construction and private management of correctional facilities.

An increasing number of countries are handing over the management of their correctional facilities to private for-profit corporations. Internationally, the rated capacity of privately run prisons rose from 15, 300 beds in 1990 to 145, 160 beds in December 1999 (Thomas, 2000). The United States is a leader in the area of privatization, and has the largest number of privately constructed, owned and managed prisons in the world. There are approximately 123, 000 inmates serving time in privately managed institutions in the US (Thomas, 2000). Further, there are 15 private facilities in Australia, with a rated capacity of 7, 459 beds (Thomas, 2000: Chart 4 and 2). In England, the numbers are 10 and 7, 161 respectively (Thomas, 2000: Chart 4 and 2). Several other countries have also privatized their correctional facilities.

At the provincial level, provinces such as Ontario and Nova Scotia have embarked on initiatives involving various degrees of privatization ranging from privately-financed construction to privatized operations (Correctional Service of Canada 1997: 8). For instance, the Ontario Government recently announced plans to take bids from the private sector to manage a new adult facility. In addition, Ontario privately operated a boot camp for young offenders (NAACJ 1999: 3), and currently has one youth detention centre, "Project Turnaround", which is managed by the private sector. Lastly, in Nova Scotia a public/private sector partnership called the "Nova Scotia Configuration Project" was formed to plan and develop options such as private contracting for the construction and/or operation of prisons (Correctional Service of Canada 1997: 8).

Privatization, in the sense of contracting out the operation of an entire prison, has not been pursued at the federal level. Thus, no contracts to manage federal penitentiaries have been awarded or sought. However, the federal public sector has contracted out the delivery of specific services to the private sector for many years. For instance, the CSC has contracted out the construction, but not the design, of institutions to the private sector. Further, CSC currently contracts out various functions such as medical treatment, education, programs, food services, engineering and technical services, supervision, and residential services for offenders on conditional release (Correctional Service of Canada 1997: 9). CSC has expressed its intention to continue to expand its reliance on and support of private sector providers of residential services in the community as more offenders are released.

56. Contracting out prison services is the most common form of privatization. In fact, in the US all but nine states currently contract out correctional services. Contracted out services include medical and psychiatric care, drug treatment and staff training (Joel 1993: 56).
57. A prison industry is an arrangement between the private and public sector whereby a private corporation contracts out work to inmates in prison. It is relatively common, as evidenced by the fact that by 1993, there were over 20 firms in the US ranging from small business to multinational corporations which provided jobs to inmates (Joel 1993: 57). Generally, the state correction system provides the working facility for the private firm - the firm manages and trains the inmates and releases their earnings to the care of the state (Joel 1993: 57).
58. Private corporations may be involved in the construction and design of correctional facilities. They may also finance the prison construction. In such an arrangement, the private firm agrees to build the prison and the state signs a long term lease purchase agreement.
59. Private corporations may manage a prison, whereby the government pays a per diem fee for each occupied bed (Wilson 1995: 20).
60. The total incarcerated population in the United States may range between 1.6 to 2 million (depending on the types of correctional facilities that are counted in this population). Using an incarcerated population of 1.6 million, 7% of the inmates in the US are serving time in private correctional facilities. It should be noted that a proposed bill (called the Public Safety Act) to eliminate the involvement of the private sector in managing facilities and offenders charged with federal offences is now before the United States House Committee on the Judiciary (http://thomas.loc.gov/cgi-bin/bdquery/z?d106:HR00979).
61. For instance, there are private facilities in Netherlands Antilles, New Zealand, Scotland and South Africa. While the rated capacities of private correctional facilities in the Netherlands, New Zealand and Scotland are relatively low (737, 384 and 500 respectively), the rated capacity of the private facilities in South Africa is 6, 048 (Thomas, Charles 2000: Chart 2).
62. Examples include psychiatric assessments, residential services, psychological counseling and assessment and supervision (Correctional Service of Canada 1997: 14).

The debate among correctional practitioners and policy experts concerning privatization is likely to continue for some time, with the issues ranging from ethical concerns ("punishment for profit"), through questions regarding accountability, to the veracity of claims that privately-managed prisons are more efficient. While the implications of these debates are unclear, it is worth noting that there is not a high degree of public support for prison privatization. According to an Environics Report, public opinion is divided on the question of privatizing the management and operations of prisons with 48% supporting such a move, and 43% opposing it (Environics, 1998: 3).

Further, although pressures does exist at both provincial and federal levels to privatize prisons, much of the focus in Canadian correctional policy has been on finding alternatives to incarceration, conditional sentencing and releasing offenders as early as possible in their sentence (Correctional Service of Canada 1997: 2). These trends in correctional policy may mitigate against privatization. It is also important to note that even in those jurisdictions where privatization has occurred, it has yet to comprise a substantial segment of the correctional system.

The Private Not-For-Profit Sector

The Correctional Service of Canada also has a long history of partnership with the private not-for-profit sector. For instance, several members of the National Associations Active in Criminal Justice (NAACJ) such as the Salvation Army, the John Howard Society, the Canadian Association of Elizabeth Fry Societies and the St. Leonard Society have historically provided services to individuals within correctional facilities and in the community (NAACJ 1999: 3). The voluntary sector has evolved over the years to meet the demands of clients and the correctional services by providing a broader range of services including residential and day programs; probation and parole services; mediation programs; diversion programs and crime prevention initiatives (NAACJ 1999: 3).

It is unclear if the private not-for-profit sector will play a larger role in corrections in the future. Currently, there is a trend in the public service to focus on service standards and thus there is an opportunity to integrate the community's input, through the voluntary sector, into these standards (NAACJ 1999:4). In addition, the voluntary sector has expressed a desire to become more active in the process of defining public-private "partnerships" and wish to know whether the opportunity exists for a co-managed process should privatization become more common (NAACJ 1999: 3). In fact, the NAACJ have suggested that they work collaboratively with the Correctional Service of Canada in order to ensure that both the public and the voluntary sector are confident about the results of their work (NAACJ 1999: 3).

The fight against organized has taken on increasing urgency both within Canada and internationally, as concern grows about the power and influence being acquired by global criminal networks. Organized crime activities include the trafficking of illicit drugs and contraband, environmental crime, economic or "white-collar" crime, migrant trafficking, counterfeiting, motor vehicle theft and money laundering. The impact of these activities is significant, as evidenced by the enormous size of the markets they command. For instance, estimates of the size of the global illicit drug market range from $100 billion to $500 billion US while this market is estimated to be between $7 billion to $10 billion in Canada alone (Solicitor General Canada 1998: 3).

The Government of Canada has advanced a number of national and international efforts against organized crime. On a national level, the federal government has introduced anti-money laundering legislation which creates a mandatory reporting system for suspicious financial transactions and the cross-border movement of large amounts of currency (Solicitor General Canada 1999: 1) . In addition, they have announced increased funding for the RCMP to target organized crime at international airports in Canada's largest cities and to finance an Anti-Smuggling Initiative. Further, the Government is developing a strategy to deal with terrorist financing which entails looking at ways to prevent terrorist organizations from abusing charities (Department of Justice, 1998: 1).

On the international scene, Canada's efforts include: modernizing the Extradition Act (Bill C-40), creating new Competition Act offences (Bill C-20); enacting the Corruption of Foreign Public Officials Act; establishing a 24-hour of network of contact in the G8 and other countries and improving dialogue between the high-tech industry and the law enforcement community to ensure effective cooperation in crime prevention and investigation (Department of Justice 1998: 1). In addition, Canada is supporting the development of a UN Convention on Transnational Organized Crime and will be taking a leading role in coordinating proposals for a protocol of the trafficking of illicit firearms (Department of Justice 1998: 1).

Increased efforts to combat organized crime may have a significant impact on corrections in the future. One effect of increased intelligence about organized crime syndicates is a rise in the number of arrests and convictions among members of these groups, which may result in an increase in Canada's incarcerated population (CSC Environmental Overview, 1998: 13).

The number of offenders within CSC that are associates or members of criminal organizations continues to fluctuate around 1,400 (CSC Departmental Performance Report, 1999: 65). Currently there are 48 separate gangs or gang types in the institutions and 43 in the community (CSC Departmental Performance Report 1999: 67). While some of the criminal organizations present in correctional institutions were established in the community, others were formed within CSC's institutions (CSC Departmental Performance Report 1999: 67). Bikers, Aboriginal and Street Gangs are the most prevalent in institutions with Traditional Organized Crime, Bikers and Aboriginal Gangs being the largest groups in the community (CSC Departmental Performance Report 1999: 67).

63. For instance, in the United States 18 states contracted out the operation of some of their jails or correctional facilities, but in 1997 they had less than 2% of their offenders under private custody (Correctional Service of Canada 1997: 4). Further, in the U.K. private prisons accounted for approximately 5% of prison beds by the end of 1997 (Correctional Service of Canada 1997: 2).
64. According to a "Pilot" Survey of 16 Canadian police services, the crimes most frequently committed by organized crime groups in Canada are drug trafficking (88%), extortion (71%), illegal trafficking of firearms (71%), prostitution (63%), vehicle theft (60%), counterfeit/fraud (56%) and illegal gambling schemes (50%) (Canadian Centre for Justice Statistics 1999: 16).
65. The bill creates a mandatory reporting system for suspicious financial transactions and the cross-border movement of large amounts of currency (Solicitor General Canada (1999): www.sgc.gc.ca/Releases/e19990531.htm).
66. Another $15 million per year will be provided to the RCMP to help fight organized crime at the Montreal, Toronto and Vancouver international airports. Further, another $19.5 million per year will be put towards the anti-smuggling initiative for the next four years (Solicitor General Canada 1999: www.sgc.gc.ca/Releases/e19990617.htm).
67. In 1999, there were 1, 442 such offenders; a decrease of 30 since April 1999, and ending a slow rise in numbers over the past two years. 8.1% of the institutional population and 4.7% of the community population have been identified. This represents a rise in institutional percentage (6.9% in April), attributed in part to the increase in Aboriginal Gangs in the Prairie Region, and a decrease in parole percentages (5.1% in April), despite an increase in numbers of gang members on parole.
68. This represents a total new make-up of gangs under supervision. Traditional Organised Crime has replaced the Bikers as number one and Aboriginal Gangs have replaced Street Gangs as number three (CSC Departmental Performance Report 1999: 67).

The presence of these offenders within correctional institutions may pose significant challenges for correctional personnel. Drug distribution and use within correctional institutions, gang recruitment, intimidation and corruption of staff, extortion and violence within incarcerated and supervised community populations and possibly more prison escapes may become more pressing concerns in the future (CSC Environmental Overview, 1998: 13). In turn, special security measures as well as other strategies may have to be developed to deal with this segment of the correctional population.

Victims' issues have gained increasing recognition in corrections and conditional release over the past several years. Such recognition stems from the need for victims of crime to play a larger role within the criminal justice system, and to have their voices heard. There is a need for all players in the criminal justice system (ie: police, courts, corrections and parole) to look more strategically at the experience of being a victim from a victim's perspective. It is possible to speculate that any one victim would very likely appreciate a simple, integrated "single-window" approach to being able to obtain the necessary information and advice concerning the progress of the perpetrator of their victimization through the criminal justice system; the opportunities which exist for victims to influence this process and the ways they can protect themselves from the threat of further re-victimization.

That such an integrated system does not presently exist tends to aggravate the feelings of hurt, fear, anger and frustration that victimization usually confers upon a person -- since a victim must essentially deal with the rules and processes of four different bureaucracies to get the information and advice they want or need.

Government interest in victims of crime may be traced back to the 1960s and 1970s when victims' compensation was first developed (Standing Committee on Justice and Human Rights 1998: 1). In the 1980s, a Federal/Provincial Task Force on Justice for Victims of Crime was established, which was followed by the development of a National Victims' Resource Centre in 1984 (Standing Committee on Justice and Human Rights 1998: 1). Between 1985 to the present a number of other initiatives were implemented, demonstrating an increased willingness on the part of the government to recognize the needs of victims of crime.

Recent initiatives in this area have provided victims of crime with a larger role within the criminal justice system. For instance, the federal government has made a number of recommendations pertaining to victims of crime in response to the Fourteenth Report of the Standing Committee on Justice and Human Rights entitled Victims' Rights - A Voice, Not a Veto. In the report, four recommendations were made which address the concerns of victims of crime with respect to parole and the federal corrections system.

Further, in response to the Standing Committee report, the government introduced Bill C-79, which ensures that victims of crime are given a stronger voice and more compassionate treatment in the criminal justice system (Department of Justice, "Government Response the to Fourteenth Report", 1999: 1). The bill, which was given royal assent June 17, 1999, proposes several changes to the Criminal Code. These changes include ensuring that victims are informed of their opportunity to prepare a victim impact statement; giving victims the choice to read the statement aloud in court and allowing victim impact statements to be considered by courts and Review Boards following a verdict of not criminally responsible by reason of mental disorder (Department of Justice, "Government Response to the Fourteenth Report", 1999: 1). The changes also protect victims (who are 18 years of age or younger) from having to undergo cross-examinations by self-represented accused persons. Lastly, the bill grants judges the authority to ban the publication of the identity of victims and witnesses (Department of Justice, "Government Response to the Fourteenth Report," 1999: 1).

Other initiatives are also underway. The Department of Justice has created a Victims' Policy Centre to consider the voice of victims in the development of legislation and to provide expertise on emerging national and international issues and trends related to victims' issues (Department of Justice, "Government Response to the Fourteenth Report", 1999: 1). Also, the Corrections and Conditional Release Act (CCRA) Sub-Committee will make recommendations concerning victims and corrections.

Thus, victims of crime may gradually gain more of a voice within the criminal justice system through these criminal justice policies and legislative developments. In addition, the role of victims is also being expanded through initiatives in restorative justice, and may continue to grow into the future (see the restorative justice section below).

Various international tribunals have been created which are mandated to decide cases pertaining to international law. The United Nations has established ad hoc committees that prosecute persons responsible for violations of international humanitarian law (such as acts of genocide, crimes against humanity, and violations of the laws or customs of war). Two such committees are the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda.

69. In 1985, the United Nations adopted the Declaration of basic Principles of Justice for Victims of Crime and Abuse of Power of which Canada was a co-sponsor; Federal, provincial and territorial governments adopted the Statement of Basic Principles of Justice for Victims of Crime in 1988; the Criminal Code was amended in 1988 to allow for victim impact statement, victim fine surcharges and to improve restitution and compensation measures; Bill C-15 amended the Criminal Code to remedy the problems child victims experience within the courts in 1988; the CCRA was adopted in 1992 which allowed for the provision of information to and from victims in relation to both government institutions and allowed victims to attend Board hearings as observers; the YOA was amended in 1995 to allow for the consideration of victim impact statements in Youth Court; the sentencing provisions of the Criminal Code were amended and codified in 1996 which contained sentencing principles referring to victims, repealed the unproclaimed restitution provisions and replaced them by others and made the consideration of victim impact statement mandatory (Standing Committee on Justice and Human Rights 1998: 2-3). In addition, several legislative and policy provisions were recently adopted by Parliament including provincial/territorial legislation, programs and policies addressing the needs of victims of crime, victim services programs (police-based, court-based, community-based or system-based) (Standing Committee on Justice and Human Rights 1998: 4).
70. Other changes include: requiring police and judges to consider victim's safety in bail decisions; allowing victims and witnesses with mental or physical disabilities to have a support person present in court while they are giving testimony; changes to the victim surcharge imposed on offenders to allow consistent application of the surcharge by the courts; granting authority to judges to raise the surcharge in appropriate cases. Lastly, the legislation clarifies that at court proceedings to determine whether an offender sentenced to life should have their parole eligibility reduced, the information provided by the victim may be oral or written (Department of Justice 1999: 1).
71. In 1993, the International Tribunals for the former Yugoslavia was established by the Security Council, acting under the Charter of the UN. It was given the power to prosecute persons responsible for serious violations of international humanitarian law which were committed in former Yugoslavia after 1991 (www.un.org/icty/basic/statut/statute.htm). Further, in 1994 the United Nations Security Council decided to create the International Criminal Tribunal for Rwanda, which was aimed at bringing justice to those persons presumed responsible for acts of genocide or other violations of humanitarian law within Rwanda, and Rwandan citizens presumed responsible for these acts committed on the territory of neighboring states during 1994 (www.inter-media.org/tribunal.html).

In addition, an International Criminal Court is currently in the early stages of development. The court will be a permanent institution which will have the power to exercise its jurisdiction over persons for the most serious crimes of international concern. The court will be able to deal with cases between individuals, thus enabling the prosecution of acts of genocide and egregious violations of human rights that previously went unpunished.

The establishment of an International Criminal Court raises the question of whether such a court should be granted the jurisdiction to deal with crimes committed via the internet, other cross-border computer crimes and offences such as illegal human smuggling. The borderless nature of these types of criminal activity renders their prosecution difficult as laws are generally territorially based. Thus, the existence of an international court may help to deal with internet crime, for instance, and could deal with the issues raised by the following questions:

• Where a defamatory statement is made on the internet, does every region where the statement is accessible have jurisdiction over the statement?
• Are criminal sanctions against hate speech , gambling, and pornography subject to the authority of any jurisdiction in which that speech is accessible?
• Do the Criminal Code, the Charter, and the Canadian Human Rights Act apply to crimes committed on the internet if only certain elements of the offence are committed in Canada, or if the effects stemming from crime are felt in Canada (Bastarache 1998: 415).

International tribunals also raise questions with respect to the impact these tribunals will have on Canada's incarcerated population. To the extent that the offenders sentenced in these international courts are incarcerated in Canada, our correctional system may see an increase in its offender population and an increase in the number of offenders who are serving lengthy terms of incarceration. Further, correctional personnel may have to develop special reintegration strategies for these offenders -- who may or may not be able to return to their countries of origin upon release.

Community corrections, in the form of increased use of various alternatives to incarceration at the front end of the system and the gradual release of appropriate offenders from institutions on supervised release programs, have gained increased support in Canada over the past few years (Tully 1999: 13). Nevertheless, whether or not community-based programs will continue to expand into the 21^st century is dependent on a range of factors.

Citizen engagement and involvement in community operations is an essential component of a successful community-based correctional strategy (Joutsen 1999: 1; Staubi 1998: 2). Joutsen suggests that the public should be assured that non-custodial sanctions "work" as well as, or even better than, imprisonment in achieving the desired ends (Joutsen 1999: 2). He also argues that efforts must be made to demythologize both prisons and offenders (Joutsen 1999: 2).

In a similar vein, it has been suggested that efforts be made to ensure that Canadians understand what a community-based correctional strategy entails, and to ensure that community-based programs and initiatives are inclusive and respectful of the diversity of Canadians (Staubi 1998: 2). In 1996, 3.2 million people identified themselves as members of visible minorities (Li 1999: 3). If community strategies do not take into account the needs of Canada's diverse population, Canadians will not see their voices, interests and concerns represented in these strategies. In turn, they may continue to see offenders as outsiders and as someone else's concern (Staubi 1998: 2).

It is also argued that communities should be encouraged to participate in offender reintegration programs through innovative partnerships with governments and the voluntary sector (Staubi 1998: 1; Tully 1999: 13). In addition, criminal justice professionals could be encouraged to learn more about the community-based strategies being utilized in other countries and could also make efforts to remain abreast of technological advancements which may allow for effective supervision of offenders in the community (Staubi 1998: 1).

Increased use of community corrections may also be dependent on whether or not a paradigm shift occurs among criminal justice authorities that would view a community disposition as the primary consideration in most cases and recourse to incarceration as secondary (Tully 1999: 13). Lastly, the increased adoption of community-based corrections may only occur with adequate political will to support these approaches -- including enabling legislation (Tully 1999: 13). Conditional sentences (whereby a prison sentence is served in the community) is one example of a legislative initiative aimed at diverting offenders out of the formal criminal justice system - which has received the support of the Supreme Court of Canada.

72. The court is to be brought into relationship with the United Nations through an agreement to be approved by the Assembly of States Parties (www.un.org/law/icc/statute/part1.htm). Further, on July 17, 1998 the Statute of the International Criminal Court was approved by a majority of states (www.mallat.com/international_criminal_courts.htm).
73. Although there is an International Court of Justice, it only handles cases between States and not individuals. Thus, in the last 50 years there were several instances of crimes against humanity and war crimes for which no individuals were held accountable. For instance, in the 1970's, and estimated 2 million people were killed in Cambodia by the Khmer Rouge and in Mozambique, Liberia, El Salvador and other countries there has been enormous loss of civilian life (www.un.org/law/icc/general/overview.htm).
74. According to the statute of the International Criminal Court, a sentence of imprisonment will be served in a State which is designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons (www.un.org/law/icc/statute/part10.htm).
75. Since many of the crimes likely to come before these tribunals will be of a very serious nature.
76. Joutsen suggests that the public should be assured that non-custodial sanctions "work" as well or even better than imprisonment in achieving the desired ends and states that the public should be aware that alternatives are still "punitive". In addition, he suggests placing an emphasis on demythologizing prison and offenders (Joutsen 1999: 2).

Restorative justice can be described as a way of dealing with the harm caused by an offence by involving the victim(s), the offender(s), and the community that has been affected (RCMP 1999: 1).

Thus, it is a balanced community based approach that deals with criminal activity as an offense against human relationships, and secondarily as a violation of the law (Claassen 1996: 1). It recognizes that once a crime has occurred, there is a opportunity to acknowledge the injustice it caused and to restore equity so that participants feel safer, more respectful and more empowered (Claassen 1996: 1).

Restorative justice is characterized by principles of inclusiveness, reparation, accountability, community involvement, holism, choice, equality and sensitivity (Correctional Service of Canada, A Framework Paper on Restorative Justice, 1998: 5-6). In addition, the idea that crime creates obligations is central to the restorative approach to justice. Restorative justice sees the offender as having an obligation to provide reparation to the victim and the community, and the community as having an obligation to define the standards of acceptable conduct and to determine the best ways to repair the damage caused by crime (FPT Working Group, 2000: 4).

Many of the same principles are found in Aboriginal philosophies of justice, as the rise of restorative justice has been heavily influenced by the activities of Aboriginal groups in Canada, Australia and New Zealand (FPT Working Group, 2000: 8). While there is a strong relationship between restorative justice and Aboriginal justice, there are also important differences between the two. Aboriginal programs aim to address the unique needs of Aboriginal people by using methods grounded in their own values and customs, while general restorative justice programs need to be sensitive to a range of different communities within Canadian society (FPT Working Group, 2000: 8).

Restorative justice can play a role at all stages of the criminal justice process. Restorative justice programs can help to: prevent crime through public education, divert individuals out of the formal criminal justice system before charges are laid, determine fit sentences for offenders and serve the emotional needs of victims and offenders after an offender is sentenced (FPT Working Group, 1999 at 5-6; Goundry 1997: 8). Examples of restorative justice processes including victim-offender reconciliation programs (VORP's), family group conferencing and Aboriginal sentencing circles. To be effective, these programs often require the cooperation of all those affected by the offense, including the victim and their family, the offender and their family, and the wider community (Claassen 1996: 1). Further, the offender must be willing to assume responsibility for his or her actions.

International Trends

Restorative justice approaches have been used on a widespread scale in various parts of the world. Mediation boards, re-integrative shaming techniques and community service sentences are widely used in the Netherlands to deal with individuals who have transgressed the law (Zandbergen, 1996; Dullum, 1996; Tak, 1994). In Europe there are over 700 victim offender mediation programs in operation (Umbriet 1998: 47). Similar trends have been noted in other countries including West Germany and New Zealand. (see Appendix C).

The Canadian Context

Restorative justice has a lengthy history in Canada. In fact, the first victim and offender mediation emerged in Canada in 1974, and circle sentencing, a sentencing process respectful of traditional Aboriginal methods of dealing with people who had transgressed the law, was born in Canada (Church Council of Justice and Corrections 1996: 36).

Restorative justice initiatives have expanded significantly in Canada since their initial introduction. A 1998 survey found almost 200 initiatives under way across Canada, including seminars, conferences, publications and a wide range of programs (Correctional Service of Canada, Inventory of Canadian Events and Initiatives Related to Restorative Justice, 1998). Further, a restorative approach appears to be gaining acceptance not only among criminal justice practitioners but also with the general public. Public opinion research reveals increased acceptance of reparation, restitution and mediation approaches for certain offenders, provided that victims agree to the use of such approaches (Correctional Service of Canada, A Framework Paper on Restorative Justice, 1998: 2). Also, while the focus has tended to be on using restorative justice for young offenders, its application to adults has been growing.

Increased acceptance of restorative justice programs is also evidenced by their use within schools and the faith community. Conflict resolution, peer mediation and community-based activities that promote alternative processes are being used in elementary and high schools, while dispute resolution centres, academic programs on restorative justice and training on dispute resolution have grown in post-secondary schools, theological colleges and law schools (Correctional Service of Canada, A Framework Paper on Restorative Justice, 1998: 2). In addition, voluntary and community-based agencies that address the issues of healing, reconciliation and dispute resolution have been on the increase. The development and operation of First Nations justice systems which rely on traditional principles of spirituality and healing is also growing (Correctional Service of Canada, A Framework Paper on Restorative Justice, 1998: 2).

The federal government has also committed to strategies that include restorative approaches, and the Corrections Population Growth report encouraged the exploration of restorative approaches. Section 81 and 84 of the Corrections and Conditional Release Act (CCRA) also creates further opportunities for Aboriginal communities to implement healing circles and other restorative approaches. In addition, the sentencing principles in the Criminal Code encourage the use of community-based sentencing, discourage the use of imprisonment and draw on key restorative elements (such as the need to promote a sense of responsibility in offenders and the need for offenders to make reparations for harm done) (FPT Working Group, 2000: 7).

CSC has also actively encouraged the development and use of restorative justice programs. They are currently developing an evaluation framework to test restorative approaches in collaboration with the voluntary sector and Aboriginal communities. In addition, they have created an inventory of events and initiatives related to restorative justice, which may become a database project in the future. Lastly, in recent years the RCMP has played a crucial role in implementing the philosophy and practice of restorative justice in Canada. Specifically, as part of its community policing approach it has held a large number of training sessions with RCMP members, as well as members of various government departments, the community and other police forces. Many of those who have been trained by the RCMP have been successfully using Community Justice Forums to divert cases (involving mainly youths) away from the formal justice system and consequently, from corrections.

Restorative Justice in the 21^st Century

The widespread adoption of restorative justice principles seems to indicate that the trend towards using restorative justice processes will continue in the future (FPT Working Group, 2000: 16). What remains unclear is the extent to which such an approach will displace traditional methods of correctional service delivery.

It is possible that restorative justice processes may be increasingly used within the prison system in the years to come. The Correctional Service of Canada has already adopted several restorative justice programs within federal institutions that contain victim empathy, offender accountability and healing components (Correctional Service of Canada, A Framework Paper on Restorative Justice, 1998: 7). Further, innovative programs within CSC operations reflect native culture, traditions, spirituality and healing processes as legitimate approaches to the needs of Aboriginal offenders (Correctional Service of Canada, A Framework Paper on Restorative Justice, 1998: 7). The Okimaw Ohci Healing Lodge for federally sentenced women is an example of an initiative that utilizes restorative justice principles to meet the needs of Aboriginal offenders.

Secondly, there is potential to incorporate a restorative approach into the parole process since the very aim of parole is to successfully reintegrate offenders into the community. In fact, efforts have already been underway to incorporate such an approach into conditional release orders. Solicitor General Canada, CSC and a variety of other partners have provided a financial contribution to The John Howard Society of Manitoba for its Restorative Community Reintegration Project. The project aims at repairing the harm done by crime, helping victims deal with their victimization and allowing offenders to accept responsibility for their crime. Viewing parole through a restorative lens would result in a fundamental change to the decision-making processes and the policies of the National Parole Board.

Thirdly, should restorative justice approaches become more prevalent, they may be supported by innovations in communications technology. This is already happening in a small number of cases. In fact, the Pacific Region's Victim Offender Mediation Project (VOMP) is increasingly using video tape to facilitate victim offender mediation programs. The availability of such technology results in a more convenient method of conducting mediation sessions, and also provides the victims of crime with a certain degree of comfort as they are able to contribute to a restorative justice program without having to face their victimizer.

Several academics, law enforcement officials, and criminal justice practitioners believe there is a need for a national strategy on restorative justice since they feel that restorative justice initiatives are being applied unsystematically and at the discretion of criminal justice administrators (Weitekamp 1993: 79). Whether such a strategy will lead in the direction of some form of standardization or regulation of the use of restorative approaches would remain to be seen.

In any event, it is clear that a sound framework to evaluate restorative justice programs will likely be critical to their gaining broader acceptance both within the criminal justice system and among the Canadian public. Further, the public will need to be provided with an opportunity to help shape policy on restorative justice in a way that addresses their concerns about community safety and the fairness and integrity of justice processes.

The development and continuance of restorative justice programs will be intimately linked to achieving a balance between the roles of academics, law enforcement, criminal justice practitioners, the community and the government. Community members must be willing and able to volunteer in restorative justice programs, while justice officials and the government must be willing to accept communities as partners, provide communities with necessary information and technical support and develop the requisite legislation, policies and guidelines to put these programs into place (FPT Working Group, 1999: 11). One concern frequently expressed by the community is that restorative justice will be co-opted by these same academics, law enforcement and criminal justice practitioners. However, this concern could be addressed if all of the stakeholders commit to working together in order to develop standards and regulations that are inclusive, and not exclusive, of any one group.

Such an approach to the creation and maintenance of restorative justice programs is in line with the Social Union Framework Agreement. The framework agreement encourages joint planning and collaboration between various levels of government, effective mechanisms for Canadians to participate in developing policies, and fair and transparent government practices.

CONCLUSION

This scan has attempted to highlight a number of trends in the area of corrections that may have an impact on the Canadian correctional system in the future. Although the extent to which these developments will impact on the Canadian correctional system is yet to be determined, the Government of Canada now has the opportunity to consider some of the potential implications of these trends.

Efforts could be focused on developing effective strategies to deal with these social, technological, political and demographic changes in order to promote public safety in the future. Canadian citizens could also be encouraged to play a more active role in the criminal justice system -- which may have the result of facilitating the implementation of alternative methods of correctional service delivery and ensuring that government policies and programs are representative of the will of the Canadian people.

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APPENDIX A

An aging population

(Source: Policy Research Committee 1996: 80)

APPENDIX B

Persons with Aboriginal Identity

(Source: Policy Research Committee 1996: 77)

APPENDIX C

International Development of Victim-Offender Mediation Programs

Source: Umbreit, Mark S. and Warner Roberts, A. (1998) "Cross National Impact of Restorative Justice Through Mediation and Dialogue".

Date Published: 2002-04-10 Date Modified: 2002-04-10 Important Notices