CORRECTIONS POPULATION GROWTH
SECOND PROGRESS REPORT
FOR THE
FEDERAL/PROVINCIAL/TERRITORIAL MINISTERS
RESPONSIBLE FOR JUSTICE
Regina, Saskatchewan
October 1998
TABLE OF CONTENTS
I. BACKGROUND AND PRINCIPLES
II. OVERVIEW: THE ENVIRONMENT
III. HIGHLIGHTS OF ACHIEVEMENTS
IV. CONCLUSION AND RECOMMENDATIONS
V. REPORTS FROM JURISDICTIONS
Newfoundland
Nova Scotia
New Brunswick
Prince Edward Island
Quebec
Ontario
Manitoba
Saskatchewan
Alberta
Northwest Territories
Yukon
British Columbia
VI. REPORTS FROM FEDERAL MINISTRIES AND AGENCIES
Solicitor General Canada
Correctional Services Canada
Justice
Canadian Centre for Justice Statistics
VII. ANNEX "A" STATISTICAL TABLES AND GRAPHS
VIII. ANNEX "B" RESOURCES
I. BACKGROUND AND PRINCIPLES
Between 1989-90 and 1994/95 the federal penitentiary population grew by
22% and the provincial prison population grew, on average, by 12%.
Concern regarding this rapid growth prompted Federal, Provincial and
Territorial Ministers Responsible for Justice
to ask Deputy Ministers and Heads of Corrections to identify options to
reverse this growth trend.
A paper was subsequently developed and presented to the Ministers in May
1996. The paper, entitled Corrections Population Growth, presented
eleven recommendations including a statement of principles that would
assist jurisdictions in addressing prison population growth. All
Ministers endorsed the recommendations, agreeing to:
-
Endorse a shared statement of principles for the criminal justice
system
-
Make greater use of diversion programs and other alternative
measures
-
De-incarcerate low-risk offenders;
-
Increase the use of charge screening
-
Make wider use of risk prediction/assessment techniques in criminal
Justice decision making
-
Increase the use of restorative justice and mediation approaches
-
Support Provincial Conditional Release recommendations to amend the
Prisons and Reformatories Act for greater administrative flexibility;
-
Better share information and technologies within the system
-
Better inform the public about criminal justice dynamics and issues
-
Test innovative, traditional methods based on restoration and
healing through Aboriginal justice and corrections pilot projects;
-
Work more co-operatively on programs and services through
Federal/Provincial/Territorial pilot projects.
All of the recommendations and the Statement of Principles were intended
to guide efforts to safely contain mounting pressures on correctional and
criminal justice services and to assist in communicating rationale for
policy choices. While recognizing that there are different approaches to
similar policy issues across jurisdictions and that such diversity must
be respected, a number of principles and objectives are held in common.
The principles endorsed by the Ministers are as follows:
-
The criminal justice system is a social instrument to enforce
society's values, standards and prohibitions through the democratic
process and within the rule of law;
-
The broad objective of the criminal justice system is to
contribute to the maintenance of a just, peaceful and safe social
environment;
-
Public safety and protection is the paramount objective of the
criminal justice system;
-
The best long-term protection of the public results from
offenders being returned to a law abiding lifestyle in the
community;
-
Fair, equitable and just punishment that is proportional to the
harm done, and similar to like sentences for like offences, is a
legitimate objective of sentencing;
-
Offenders are sent to prison as punishment, not for
punishment;
-
Incarceration should be used primarily for the most serious
offenders and offences where the sentencing objectives are public
safety, security, deterrence or denunciation and alternatives to
incarceration should be sought if safe and more effective community
sanctions are appropriate and available. (as amended in
February 1997)
-
The criminal justice system is formed of many parts within and
across jurisdictions that must work together as an integrated whole to
maximize effectiveness and efficiency.
In February 1997, Deputy Ministers and Heads of Corrections submitted
Corrections Population Growth: First Report on Progress to
Ministers Responsible for Justice. The First Report on Progress
reviewed activities being undertaken to implement the eleven
recommendations. It demonstrated that efforts had been made by all
jurisdictions to achieve results. The Progress Report presented four
additional recommendations that the Ministers endorsed. The following is
a summary of the four recommendations:
-
Evaluation of diversion programs to include a component on
net-widening
-
Develop supporting technology to assist with the integration of
systems
-
Sharing research findings on offender program effectiveness
-
Amend the 7th principle to ensure consistency with
sentencing principles in the Criminal Code.
All jurisdictions continue to pursue the implementation of the
recommendations. This report reflects continuing progress and begins to
provide a more quantitative and results-achieved focus.
II. OVERVIEW: THE ENVIRONMENT
The four principle determinants of the size of the inmate population are
the crime rate, the incarceration rate, sentence length, and release
policies and practices. Demographics, public policy and societal
perceptions, expectations and values influence these four major factors.
Canada's overall crime rate fell for the sixth consecutive year in 1997.
The violent crime rate fell by 1.1% between 1996 and 1997. This resulted
in the fifth consecutive year of decline in violent crime. Between 1996
and 1997 the property crime rate fell by 7.6%, continuing a general
decline observed since 1991. This brings Canada to the lowest
police-reported crime rate since 1980. These trends are consistent with
international reports documenting declines in most police reported crime
between 1991 and 1997.
Despite the drop in the crime rate, Canadians fear of crime has grown.
Recent surveys/polls/focus groups (Angus Reid - Sept. 97, Goldfarb -
March 97) have indicated that the public views crime as increasing, as
more violent in nature, and that the criminal justice system is too
lenient and inconsistent. However, there is public support for a more
balanced approach, for a system that handles serious and violent
offenders through effective incarceration and non-violent, low-risk
offenders through alternative sanctions that provide effective control,
supervision, and treatment.
This perception was recently reinforced by a study of 1000 Ontarians
(Springboard - May 98). While reporting that they thought crime rates
were rising and that existing sentences for both adult and young
offenders were too lenient, they also supported efforts to help offenders
re-integrate into society. A vast majority of those surveyed, even those
who favour harsher sentences for offenders would prefer to spend money on
alternatives to incarceration and on crime prevention than new prison
construction. Interestingly, respondents favoured Community Service
Orders over fines as alternative sanctions and were of the opinion that
minor crimes could be dealt with outside the court system.
This is consistent with a March 1998 Environics poll that found Canadians
demonstrate an openness to the idea of alternative sentencing. When told
that the country's prisons are full, 54% of the Canadians sampled favor
the use of non-prison sentences such as probation or community service.
Support for alternative sentencing was highest in Alberta and
Saskatchewan and lowest in Toronto.
As most offenders in Canada serve a sentence of specific duration, there
is growing recognition that incarceration by itself is only
"short-term" protection and that protection over the long-term
is best achieved by successfully reintegrating offenders into society.
The public is more interested in investing in protection than excessive
punishment and the public supports greater investment in addressing the
root causes of crime with an emphasis on community crime prevention
programs.
While the overall challenge is to continue to enhance the protection of
the public, the pursuit of implementing the recommendations from this
initiative has contributed and will continue to contribute to a more
effective and efficient criminal justice system.
III. HIGHLIGHTS OF ACHIEVEMENTS
Recommendation 1: Endorse a shared statement of principles for
the criminal justice system.
The shared statement of principles recommended in the first
Corrections Population Growth paper (May 1996) has been adopted by
all jurisdictions with one amendment in February 1997. The adoption of
these principles was an important first step towards the rationalization
of the corrections population across the country. The adoption of these
principles also signaled renewed efforts to seek meaningful community
alternatives and reduce over-reliance on incarceration in the Canadian
criminal justice system.
Recommendation 2: Make greater use of diversion programs and
other alternative measures.
All jurisdictions are reporting considerable progress on Adult Diversion
programs, Alternative Measures programs, Restorative Justice initiatives,
and Cautioning programs. In a number of jurisdictions these programs are
in effect for both adult and juvenile offenders. This recommendation also
raises for discussion the serious issue of "net-widening", and
the possible extension of the judicial system into more lives than is
necessary.
One of the most notable trends can be seen in the increased use of
Conditional Sentences in all jurisdictions. As of April 30, 1998,
22,687 conditional sentence orders had been imposed in Canada. The
national increase in orders from December 31, 1997 is 4,403 orders or
24%. The largest increases by jurisdiction were in Saskatchewan and PEI;
the smallest were in Alberta and Quebec. The vast majority of orders
involved one charge and were imposed in provincial courts. Nationally,
19% of all conditional sentence orders were imposed on females. In
Quebec, the average conditional sentence, when imposed
alone, was 8.3 months. Conditional Sentences were imposed for property
crimes in 40% of cases and for crimes against the person in 17% of cases.
The intention of conditional sentences is that low-risk offenders who
would have otherwise been in custody are now serving their sentences,
subject to conditions, in the community. This has the potential to lower
correctional costs and within-system pressures and also allows the
offender to maintain rehabilitative family and community ties.
Recommendation 3: De-incarcerate low-risk offenders.
Most jurisdictions are reporting progress on this recommendation. In some
areas significant declines are being observed in both adult and juvenile
sentenced populations. For example, in 1997 Prince Edward
Island amended its Provincial statutes to allow for alternatives
to imprisonment for non-payment of fines. Jail closures, in some
Provinces, coincide with further efforts to promote Restorative Justice
programs with low-risk offenders. In the north, correctional camps and
alternative homes combine to bring aboriginal offenders closer to the
land and keep them out of traditional correctional settings. However, a
number of jurisdictions report increases in remand populations. This
trend requires further analysis.
Recommendation 4: Increase the use of charge screening.
New Brunswick reports that senior Police officers have
been authorized to perform charge screening for Alternative Measures
Programs and in Manitoba the Prosecution Branch is using
pre-charge screening to reduce admissions to custody.
Recommendation 5: Make wider use of risk prediction/assessment
techniques in criminal justice decision making.
All jurisdictions continue to explore and implement risk assessment
procedures. Adopted models of risk assessment include
Ontario's Level of Service Inventory - Ontario Revision
(LSI-OR) which while adopted in 1995 will be replaced with an electronic
version in 1998. This technological innovation will enhance the quality
and consistency of the use of the instrument and facilitate information
sharing. Manitoba has implemented an Offender Risk Assessment and
Management System (ORAMS). The ORAMS version has the advantage of being
validated for use with Aboriginal populations as well as female and
juvenile offenders. In this report some jurisdictions raise for
discussion the point in the judicial process (pre-sentence, sentencing,
release) where risk/needs assessment should occur to be of maximum
benefit to both the offender and public safety.
Recommendation 6: Increase the use of restorative justice and
mediation approaches.
Most jurisdictions report considerable progress in the past year on this
recommendation. Many innovative programs are up-and-running, including:
Community-based Victim-offender Mediation programs, Restorative Justice
initiatives, Family Group Conferencing, Sentencing Circles, Elders
Committees, and Community Justice committees. For example, in
Newfoundland and Labrador there is a Tripartite Task Force on Innu
Sentencing Alternatives and an Alternative Dispute Resolution Task Team.
In Nova Scotia a Restorative Justice Coordinator has
been appointed and in Alberta, as of May 1998, there are
66 Youth Justice Committees - up from 47 in January 1997.
Recommendation 7: Support Provincial Conditional Release
recommendations to amend the Prisons and Reformatories Act for
greater administrative flexibility.
This recommendation was fully implemented in 1997 with the proclamation
of Bill C-53.
Recommendation 8: Better share information and technologies
within the system.
All reporting jurisdictions recognize the importance of sharing
information in a timely and useful manner. All are working on improving
existing systems and implementing new, more broadly based, informatics
systems. As one example, Newfoundland and Labrador have
a working prototype of a province-wide, court-based, criminal history
database accessible to Corrections, Victim services, Police, and Crown
Attorneys. Offender Information Systems, Client Information systems, and
Corrections Offender Management Systems (COMS) incorporating CPIC
information are in place in many jurisdictions.
Saskatchewan has two important information sharing
projects underway. The first with the Canadian Centre for Justice
Statistics, which will increase data flow to the Adult Corrections
Survey, and the other with the Correctional Service of Canada which will
formalize an information sharing protocol which is congruent with the
Saskatchewan Freedom of Information and Protection of Privacy
Act.
Recommendation 9: Better inform the public about criminal
justice dynamics and issues.
The Northwest Territories have developed a one-hour
community video on justice in the north and distributed it to communities
and television stations.
Recommendation 10: To test innovative, traditional methods
based on restoration and healing through Aboriginal justice and
corrections pilot projects.
As the Northwest Territories note "The Aboriginal community has long
held the view that crime is a result of someone being out of balance and
that the community has a responsibility to help restore that person to a
state of balance". This view of criminal justice sparks innovative
and humane responses to offender issues and offender needs. Many
Correctional divisions are responding with multifaceted programs that
involve hunting, guiding, trapper education and healing circles. Some of
these programs are targeted at Young Offenders and involve rugged,
isolated northern experiences designed to give the young people a greater
appreciation for their "land-based" heritage.
Yukon is involved in a number of community level
projects including tri-partite agreements with Justice Canada and First
Nations communities. As well, the Correctional Service of
Canada has built and opened two aboriginal healing lodges in
western Canada.
Recommendation 11: To work more co-operatively on programs and
services through Federal/Provincial/Territorial pilot
projects.
The Exchange of Services Agreements (ESA's) between the Federal
Government and some jurisdictions best represents this process. These
agreements allow for individually negotiated service provision contracts
to eliminate duplication of services and to improve efficiency and
effectiveness. Agreements include cooperation on custodial arrangements,
offender programs, and community-based services. The 1998 Canada/New
Brunswick Initiative allows for the transfer of special-needs provincial
offenders to Federal care and programs. British Columbia
is involved with the RCMP through their JUSTIN project as a pilot project
for integrated justice system programs.
IV. CONCLUSION AND RECOMMENDATIONS
As can be seen by the size and scope of this document all jurisdictions
are supporting important and creative initiatives to improve effective
corrections and to reduce safely and appropriately the number of
incarcerated Canadians. Solid progress is being made in all jurisdictions
on different fronts, and many report a decrease in their sentenced
populations. There is obviously still important work to do. Services to
First Nations Peoples are well represented in this report and all
jurisdictions report progress. These services are broad-based and
dedicated to Aboriginal culture and values. These include agreements with
the Innu and the Inuit, work with the Mi'qmak Justice Institute,
Aboriginal Community Justice initiatives, institutional native liaison
officers, healing centers, bush camps, sweat lodges, healing circles and
traditional skills teaching. However, some jurisdictions continue to
report a disproportionate number of native offenders in custody.
The Corrections Population Growth: Second Progress Report is a
turning point. Our first report Corrections Population Growth (May
1996) set the stage and drew attention to important trends in
incarceration in Canada. Our report of February 1997, Corrections
Population Growth: First Report on Progress allowed us to confirm
principles and direction in a meaningful manner.
This paper, Corrections Population Growth: Second Progress Report,
provides us with an overview of innovative and rapidly expanding
correctional initiatives across the country. With this broad perspective,
we can now focus this report more directly onto objective and statistical
programmatic outcomes and measures that we wish to monitor across time.
From this report we can develop a consensus as to which specific outcomes
it is critical to assess on a regular basis. This will allow us to
realistically gauge progress on Corrections Population Growth into
the next century.
It is recommended that, as a significant decline in some correctional
populations has been reported, FPT Ministers be asked to consider:
-
a report entitled Corrections Population Management replace the
Corrections Population Growth report and that the new report
should be produced every 24 months for FPT Ministers
-
that future reports focus on providing quantitative measures of
achievement on salient issues.
V. REPORTS FROM JURISDICTIONS
Newfoundland and Labrador
Highlights
-
provincial incarceration rates for both youth and adult sectors have
declined substantially as a function of:
-
sociodemographic factors
-
lower reported crime rates
-
early release programs
-
new federal legislation
-
changes in sentencing patterns
-
non-carceral sanctions for fine default
-
the province that, at one time, had the fourth highest rate of
provincial offender incarceration, now has one of the lowest rates.
-
unused provincial capacity has been converted to accommodate up to 75
federally-sentenced inmates complete with quality programming; federal
inmates now comprise 25% of institutional inmate counts (75 of 300).
-
a smaller provincial correctional center is being converted into a
treatment center for federally-sentenced and longer-term
provincially-sentenced sex offenders requiring a medium intensity level
of programming.
-
within the youth corrections sector, a decarceration strategy is being
devised to reduce the reliance on containment as a means of managing
risk; anticipated savings will be utilized to support community-based
offender programming and early intervention initiatives.
Recommendation 2: Make greater use of diversion programs and
other alternative measures.
A member of the Community Corrections staff has been seconded to conduct
research, analyze the feasibility, and develop a strategy for the
implementation of an adult alternative measures program in the province.
Specific measures being explored include:
-
charge screening
-
victim offender mediation
-
family group conferencing
-
various other restorative justice options
Of particular concern is the prospect of systemic
"net-widening" and the need to construct safeguards that will
not inadvertently broaden the scope of social control. This report was
submitted to the departmental executive of the Newfoundland Department of
Justice in July 1998 and is now under review.
Recommendation 3: De-incarcerate low-risk offenders.
The adult incarceration rate continues to decline significantly.
At one time, the province had the fourth highest incarceration rate among
the ten provinces. Currently, the rate is among the lowest in Canada.
This continuing de-escalation, while assumed to be a function of lower
reported crime rates and identifiable sociodemographic factors, is even
more directly influenced by a very successful early release program,
perceptible changes in sentencing patterns including the use of
conditional sentences as well as a remarkable downward shift in the
number and rate of fine default admissions (less than 5% of all
admissions). The shift in the typical inmate profile is reflected by the
fact that fewer Temporary Absences are being granted proportionately, an
indicator that very few low-risk or moderate-risk offenders are detained
in custody.
The young offender incarceration rate has also declined
significantly. While demographics are a contributing factor, the number
of admissions to secure custody has not declined appreciably. The primary
determinant has been the implementation of an aggressive early release
strategy based on sound risk assessment techniques, quality programming
and effective case planning. During the period April-December 1997, fully
95% of applications for early release were approved by Youth Court.
Recommendation 5: Make wider use of risk prediction/assessment
techniques in criminal justice decision making.
Risk assessment has been a part of the pre-release planning process for
both adult and young offender detainees for some time. While there is a
desire on the part of sentencing judges to incorporate this type of
information in the pre-sentencing process, there is a caution that all
key stakeholders must have sufficient information on the "state of
the art" of risk assessment, its limitations as well as its
potential. Questions are being raised regarding the utility of a risk
assessment for determining risk to public safety. Should they be used,
for example, when the court is considering imposing a conditional
sentence? The dialogue continues to consider the complex issues involved
before any final determination is made regarding whether or not risk
assessments should be integrated as a standard component of the
Pre-Sentence Report.
Recommendation 6: Increase the use of restorative justice and
mediation approaches.
The Corrections Division has provided financial and other material
support to a community-based victim-offender mediation program in St.
John's. More than 250 volunteers from government and non-governmental
agencies have received training in basic mediation techniques. A further
25-30 have been certified as qualified mediators after having taken a
total 8 days of preparatory and advanced training.
Restorative Justice Initiatives Inc., a joint venture between the John
Howard Society of Newfoundland and the Mennonite Central Committee, has
been established with the objective of promoting a broadly-based
"grass roots" foundation of support for restorative justice
principles and programs.
The Tripartite Task Force on Innu Sentencing Alternatives continues its
discussions and exploration of financial resources for the implementation
of an alternative sentencing strategy in the two communities of Davis
Inlet and Sheshatshui.
Recommendation 7: Support Provincial Conditional Release
recommendations to amend the Prisons and Reformatories Act for
greater administrative flexibility.
The passage of Bill C-53 by Parliament was quite timely given the recent
challenge to the province's liberal early release program. The enactment
of the legislation, while legitimizing many key aspects of the program
existing at the time, did pre-empt a possibly adverse decision in the
case of R. vs. Oliver, Supreme Court of Newfoundland.
Recommendation 8: Better share information and technologies
within the system.
The Corrections Division is resourced to integrate the electronic
databases pertaining to adult offenders in custody and those under
community supervision. Simultaneously, the Department of Justice is
implementing its prototype of a province-wide, court-based, criminal
history database that will be accessible to Corrections, Victim Services,
Police, and Crown Attorneys.
The Corrections Division has developed a protocol for information sharing
between its Victim Services and Corrections sectors in an effort to
provide a greater level of awareness and safety to victims of domestic
violence and/or sexual assault.
Recommendation 9: Better inform the public about criminal
justice dynamics and issues.
The province has designed and commenced implementation of a 5-year
Provincial Strategy Against Violence (PSAV). Developed with input from a
series of community forums, the PSAV is comprised of a series of key
strategies to promote legislative/policy change, expansion/integration of
direct service delivery, raising community awareness and enhancing
professional development. The PSAV adopts a balanced and holistic
approach by emphasizing the importance of quality offender programming as
well as services for victims of violence.
A Community Notification Protocol has been implemented for high-risk
offenders being released from custody.
Recommendation 10: To test innovative, traditional methods
based on restoration and healing through Aboriginal justice and
corrections pilot projects.
Tripartite framework agreements are being developed with the Innu Nation
and the Labrador Inuit Association. While the discussions focus on land
claims and self-government issues, the dialogue is also exploring ways
and means through which various elements of the criminal justice system
may become either more "culturally-appropriate" or administered
through the aboriginal communities themselves.
Recommendation 11: To work more co-operatively on programs and
services through Federal/Provincial/Territorial pilot
projects.
The significant re-profiling of the adult corrections network in
Newfoundland and Labrador could not have been achieved in the absence of
key partnerships between the province, the Correctional Service of Canada
and the John Howard Society of Newfoundland. The early release program
inaugurated by the Corrections Division relied heavily on the
community-based multi-faceted offender programs delivered contractually
by the John Howard Society. As provincial inmate counts declined
accordingly, the Exchange of Service Agreement between CSC and the
province facilitated the patriation of federally-sentenced inmates while
also enabling the delivery of high quality core offender programming
meeting federal standards.
Restructuring and re-profiling within the corrections network is placing
additional demands on community supervision and programming sectors;
federal revenue generated under the Exchange of Service Agreement will be
re-directed to strengthen the community corrections component.
Nova Scotia
Highlights
-
Nova Scotia continues to have the most favourable probation/sentenced
custody ratio in Canada.
-
The rate of admission to sentenced custody has not increased during the
past year. Remand rates have increased considerably.
-
The Province is planning construction of a new, central provincial
adult correctional facility (272 bed) co-located with a 60 bed
provincial forensic facility and a 24 bed unit for mentally ill
offenders. Site location and financing issues are under consideration
at present. Final approval is hoped for during the summer of 1998.
-
Electronic monitoring is under consideration and may be introduced on a
pilot basis in response to conditional sentence/house arrest
requirements.
-
Head office is restructuring to respond to corrections culture issues.
We hope to refocus on community corrections/corrections program
initiatives to target movement towards the community.
Recommendation 2: Make greater use of diversion programs and
other alternative measures.
The Adult Diversion Program, which was implemented in 1997, is now
provided province-wide.
Recommendation 5: Make wider use of risk prediction/assessment
techniques in criminal justice decision making.
Nova Scotia has the second lowest custody rate and second highest
probation rate in Canada. Many who receive probation in Nova Scotia might
get custody elsewhere. A risk/need assessment (Wisconsin model) is used
for inmate classification and pre-release decision making in most adult
institutions.
Recommendation 6: Increase the use of restorative justice and
mediation approaches.
The Nova Scotia Department of Justice has appointed a Restorative Justice
Coordinator. An active committee consisting of community based
organizations and senior justice officials has developed a restorative
justice plan with four entry points; Police, Crown, Courts, and
Corrections. A Restorative Justice Program is being developed in
cooperation with the RCMP. This program will be piloted at several
locations with a young offender target group during the fall of 1998.
Recommendation 8: Better share information and technologies
within the system.
Nova Scotia has established a Children and Youth Action Committee (CAYAC)
to respond to the needs of children/youth, particularly those at high
risk. Shared protocols, information systems, assessment tools, staff
training, and use of infrastructure initiatives are being developed by
the Departments of Health, Justice, Community Services, and Education.
Recommendation 10: To test innovative, traditional methods
based on restoration and healing through Aboriginal justice and
corrections pilot projects.
Nova Scotia has recently signed a contract with the Mi'qmak Justice
Institute to provide alternative measures, as well as justice and court
work services to the native population province-wide. This contract is
based on a federal/provincial cost-shared arrangement.
New Brunswick
Highlights
-
The Canada/New Brunswick initiative was negotiated and came into effect
April 15,1998.
-
32 provincial offenders have been transferred to the federal system
under the Canada/New Brunswick initiative as of July 2, 1998.
-
Over the last five years there has been a 9% decrease in correctional
institution populations in New Brunswick, due to a number of strategies
implemented to promote the use of incarceration as a last resort.
-
These strategies have included the establishment of a three year plan
"Achieving a Balance". The province is in the third year of
implementation and has successfully completed the closures of six
provincial institutions. Community programs have been established.
During the 1998/99 fiscal year the review of the roles and
responsibilities of probation officers will continue including an
examination of caseload volume standards.
-
We continue to include a stronger focus on community based
rehabilitation programming, increased use of the temporary absence
program, greater use of fine options and community service orders.
-
Conditional Sentences have been used since the proclamation of Bill
C-41 in September, 1996 with 596 conditional sentences being given
between September 1996 and December, 1997.
-
Although the Integrated Justice Program ceased, re-engineering efforts
identified in the program continued in 1997/98. This included:
continuation of the implementation of the Three Year Plan;
establishment of a Restorative Justice Adult Alternative Measures
Program and modification of the existing Young Offender Program; Best
Practices Literature Review of Probation Services; Public Perception
Survey of Community Corrections; implementation of community based
programs (anger management, spousal assault prevention counseling, risk
reduction, substance abuse, maintenance programs for sex offenders).
Technological requirements for a corrections based client information
system were defined.
-
The Dalhousie Jail was converted to a correctional treatment facility
for substance abuse.
-
The New Brunswick Youth Centre, a new centralized secure custody
facility for young offenders, was opened. Intensive community
supervision programs for young offenders continued.
Recommendation 2: Make greater use of diversion programs and
other alternative measures.
As of December 31,1997, 596 conditional sentences have been ordered in
New Brunswick. The majority of these dispositions were from provincial
court. One (1) was the result of a Court of Appeal decision and twenty
(20) were from the Court of Queens Bench, Trial Division. Of the 596
sentences imposed: 2 were for manslaughter, 162 were crimes against
persons, 128 were property related crimes, 68 were for Break and Enter,
65 were for Fraud, 30 were for sex offences, 8 were for impaired driving,
8 for dangerous driving, 34 were for crimes against the administration of
justice, and 41 were for offenses under the Controlled Drugs and
Substances Act. Approximately 81% of the offenders receiving
conditional sentences were male and 19% were female. Thirty-nine percent
of the offenders were between the ages of 18-24; 16% between the ages of
25-30; 26% between the ages of 31-40; and 18% were over the age of 41.
The average length of a conditional sentence was 6 months.
Since the commencement of the 3-year plan in 1996 there have been a
number of the re-engineering initiatives including the establishment of
an Adult Alternative Measures Program, the examination of the roles and
responsibilities of Probation Officers, and the Canada/New Brunswick
Initiative has come into effect. The technology aspects of the Integrated
Justice Program continue to be a high priority and negotiations are
underway to establish a new private/public partnership to continue this
work.
Research on restorative justice was undertaken and the New Brunswick
Alternative Measures Program was established in April 1998 following a
restorative justice approach. In June 1998 the New Brunswick Department
of the Solicitor General cosponsored with St. Thomas University, the John
Howard Society and the New Brunswick Crime Prevention Association a
conference on Restorative Justice and Community Partnerships. Dr. Nils
Christie, from Norway, was the keynote speaker.
Recommendation 3: De-incarcerate low-risk offenders.
The New Brunswick three-year plan, initiated in 1996, is well underway.
All provincial jail closures ( six facilities) have been completed.
Community programs including: substance abuse, anger management, spousal
abuse treatment, offender risk reduction, and sex offender maintenance
programs have been implemented utilizing community based service
providers. Currently there are six adult correctional facilities
operating in the province. One provincial correctional centre has been
modernized and provides specialized substance abuse programs. Under an
Exchange of Services Agreement, this facility accommodates both
provincial and federal offenders. A second facility is a farm operation
and also accommodates federal minimum-security inmates under an Exchange
of Services Agreement. The Canada/ New Brunswick Initiative has also been
implemented so that sex offenders serving six months or more and other
high-risk provincial offenders serving one year or more will be
transferred to federal institutions. A new young offender, 100 bed,
secure custody facility has been opened.
Recommendation 4: Increase the use of charge screening.
The Criminal Team of the Integrated Justice Program reviewed the issue of
pre-charge screening. When the Integrated Justice Program was disbanded
work continued in this area resulting in Senior Police Officers being
designated as Attorney General Agents for the purposes of determining
eligibility for Alternative Measures in the Province. Police have been
authorized to perform the charge screening functions for Alternative
Measures Program eligibility in this province as of April 1998.
Recommendation 5: Make wider use of risk prediction/assessment
techniques in criminal justice decision making.
The Level of Service Inventory has been fully implemented as the
standardized risk/needs assessment tool in the province for both adults
and young offenders. This instrument is used in institutions and
community assessments. To date, it has not been implemented as part of
the Pre-Sentence Report but work in this area is still planned. As part
of the Canada/New Brunswick Initiative, a triage sex offender assessment
protocol has been established jointly between Correctional Services
Canada and New Brunswick Community and Correctional Services Division.
This is the result of an intensive, jointly sponsored, research study on
New Brunswick Sex Offenders conducted by the Muriel McQueen-Fergusson
Research Centre on Family Violence at the University of New Brunswick,
entitled The Extent of Sex Offenses and the Nature of Sex Offenders in
New Brunswick.
Recommendation 8: Better share information and technologies
within the system.
Technology and sharing information continue to be a high priority for the
Department of the Solicitor General. With the disbandment of the New
Brunswick Integrated Justice Program, requirements for a Client
Information System have been defined and government approval to
proceed with a new initiative is being sought.
Recommendation 11: To work more co-operatively on programs and
services through Federal/Provincial/Territorial pilot projects.
On April 15, 1998 the New Brunswick Solicitor General and the Solicitor
General of Canada signed an agreement known as the Canada/New Brunswick
Corrections Initiative. This agreement is the result of work commenced in
1996 where the Solicitor General of Canada and New Brunswick agreed to
identify opportunities to work together to better integrate the federal
and provincial correctional systems for more efficiency and
effectiveness.
A broad range of joint activities is included: co-operative ventures in
training, offender assessment, correctional programs, information
technology, community development, and an innovative exchange of services
agreement will occur.
Under the exchange of services agreement provincial higher risk/higher
needs offenders serving more than a year, including sex offenders serving
six months or more will be transferred to federal institutions to
complete their sentences. This will improve programming opportunities for
provincial offenders. The Canada/New Brunswick Initiative builds on the
New Brunswick Community and Correctional Services three-year plan, and
the joint research study completed by the Muriel McQueen-Fergusson
Research Centre on Family Violence.
Transfers of provincial incarcerated offenders under the Canada/New
Brunswick Initiative are being done in stages, commencing with sex
offenders. Other offenders sentenced to a year or more are also being
transferred. As of July 2, 1998 there have been 32 provincial offenders
transferred to the federal system under the Canada/New Brunswick
initiative.
Funds saved from this initiative will be invested in community based
offender programs and crime prevention programs.
The Canada/New Brunswick Initiative is an innovative approach to the
delivery of correctional services in Canada. It will be thoroughly
evaluated to determine its success and effectiveness.
Prince Edward Island
Highlights
-
PEI continues to have success in reducing and managing demands on
custody facilities. The province has two multi-use facilities with a
total "program capacity" of 107 beds for remand and sentenced
adults. The province has not had "overcrowding" since the
early 1990's other than some difficulties in accommodating
intermittent sentences on weekends.
-
Total sentenced admissions decreased noticeably from 1,447 in 1990 to
890 in 1997. This decrease has allowed the province to continue to
repatriate federally sentenced offenders in an arrangement started in
1993 under an exchange of services agreement.
-
New admissions to adult Probation Services decreased 32% from 726 in
1991 to 491 in 1996. New young offender Probation cases also decreased
by 35% from 451 in 1991 to 290 in 1996. Total resident days served for
young offender open and secure custody have also decreased from 16, 849
in 1993 to 13,241 in 1996 and 9,798 in 1997.
-
Both the Provincial and Supreme Courts have used conditional sentence
orders cautiously but appropriately. This appears to be having some
positive effect by reducing demands on custody space.
-
In cooperation with the Correctional Service of Canada, an effective
Offender Program Resource Centre has been established in Charlottetown.
This community-based facility provides assessment services and a range
of programs including anger management, sex offender treatment,
cognitive skills, and life skills for parolees, Federal offenders,
Provincial inmates, probationers and accepts referrals from other
community service agencies.
-
Adult alternative measures (pre-charge) were authorised in September
1996 using the model that had been in operation with young offenders
since 1984. This approach was assessed in 1995 as being effective with
a high level of satisfaction expressed by those affected and services
involved.
-
The alternative measures policy was revised April 1998 to incorporate,
reinforce and promote the Community Justice Forum/Group Conferencing
concept. This provides an alternative to deal with conflict with a
restorative justice focus. The RCMP have been very helpful in the
advancement of this province-wide initiative. In due course, it is
expected that more serious types of criminal behaviour will be dealt
with through alternative measures.
-
A developmental/demonstration project on high-risk repeat impaired
drivers was completed in 1997. Supported by Health Canada, this
involved the use of automated assessments, co-ordinated case management
and focused on earlier intervention and group programming with the
objective of reducing demands on correctional facilities and addiction
related residential programs.
-
A high risk offender working group has been identifying issues,
considering options, refining approaches and reviewing risk assessment
and case management experiences in the province and elsewhere to deal
with high risk offenders at various stages of the criminal justice
process. This included a very successful provincial workshop in April
1998 in cooperation with the Correctional Service of Canada on risk
assessment, case management and program effectiveness.
-
The new (November 1996) government's commitment to reorganise and
refocus Correctional Services is now being met. A new Division of
Community and Correctional Services within the Department of Community
Affairs and Attorney General has been developed effective April 1998.
While it is important that serious crime or offenders be dealt with
seriously, there is renewed emphasis on community programs, community
involvement, and a community development approach to justice and
correctional matters.
-
In 1996 a report and related documents including the results of a
public attitude survey on crime and the administration of criminal
justice were released to the public. The report, 2020 Vision -
Justice into the 21st Century, was developed with the assistance
and participation of federal justice/correctional related services. The
report was considered and endorsed by the Strategic Planning Committee
of the new government in late 1997. It will form the basis of further
review and discussion based on a common goal, principles and
objectives. A Provincial Criminal Justice Summit was held in January
1997 to further examine this work and encourage public participation in
the justice system. A smaller follow-up workshop was held in March
1998. The 2020 Vision report identified several areas for
consideration and/or further development including crime prevention,
alternatives, early intervention, case management with high risk
offenders, integration of services, public legal education as well as a
long-term plan and possibly a Federal-Provincial agreement on the
administration of criminal justice. Efforts are underway; progress is
being made. Responsibility for this has been assigned to the Deputy
Minister, Department of Community Services and Attorney General, with
the support and assistance of a Steering Committee of Provincial and
Federal representatives. The expectation is that this overall effort
will contribute in due course to having a smaller, more focused and
effective justice system.
Recommendation 1: Endorse a shared statement of principles for
the criminal justice system.
In November 1997 the Strategic Planning Committee of the Prince Edward
Island Government considered the report, 2020 Vision - Justice into
the 21st Century, which was prepared following a review of selected
aspects of criminal justice and corrections in Prince Edward Island. In
addition to other conclusions, the new government endorsed a goal,
principles and objectives as a basis for further work. These are
consistent with and complement the shared statement of principles in the
Corrections Population Growth paper.
Recommendation 2: Make greater use of diversion programs and
other alternative measures.
In 1995 Prince Edward Island, with the assistance of Justice Canada,
assessed the Young Offenders Alternative Measures (Pre-charge) Program.
The assessment concluded that the approach was effective and efficient
and, from survey results, was well received by police, crown attorneys,
young offenders, their parents, victims and the community. It also
concluded that a similar format and process be implemented for adults.
The province authorised Alternatives Measures for Adults in September
1996. The policy and procedure was further reviewed, revised, and
reissued effective April 1, 1998. It is intended that more serious levels
of criminal behaviour would be referred to the alternative measures
process in due course.
In cooperation with the RCMP "L" Division, the concept of
Community Justice Forums (Family Group Conferencing) has been introduced
to the province and has become an integral part of the revised
province-wide alternative measures policy and procedure. Emphasis will be
on the involvement of trained community volunteers as facilitators for
this victim-sensitive, group-oriented approach.
Prince Edward Island, with funding support from Justice Canada, has been
developing and demonstrating an early intervention and placement options
approach for young offenders. This is considered a part of alternative
measures, as part of pre-disposition reports, an option to custody and/or
a support to transition from custody with the overall objective of
reducing demands on the Youth Court and Youth Custody Services.
Conditional sentence orders have been used on an occasional basis in
Prince Edward Island. This use has been very appropriate and appears to
be having a positive impact on institutional demands without jeopardising
public safety or placing undue demands on Probation and related community
programs.
Prince Edward Island will continue to consider other alternatives and
community-based approaches for many offenders while continuing to deal
with serious crime and serious offenders.
Recommendation 3: De-incarcerate low-risk offenders.
In 1997 Prince Edward Island further amended Provincial Statutes to
provide for the use of fine option programs, community service, and other
measures as an alternative to imprisonment for non-payment of fines.
With the assistance of Health Canada, Prince Edward Island developed a
multi-faceted approach to deal with repeat impaired driving offenders.
This approach includes improved assessment and access to focused
group-oriented programs to supplement traditional criminal justice
sentencing. Repeat impaired driving offenders often have extensive
records and place disproportionate demands on police, crown, courts,
corrections, addictions, and highway safety services.
Recommendation 5: Make wider use of risk prediction/assessment
techniques in criminal justice decision making.
In 1996-97 Prince Edward Island demonstrated the feasibility of using an
automated assessment instrument known as the Driver Risk Inventory (DRI)
to determine the appropriate treatment and/or other interventions in
carrying out the sentence, usually including a Probation Order with
repeat impaired drivers (third and subsequent convictions). This
initiative has shown promise and is part of an interagency developmental
and demonstration project funded by Health Canada. This has generated
interest in using similar automated tools for dealing with other forms of
criminal behaviour.
In an ongoing effort to address issues and improve efforts to deal with
high risk offenders in Prince Edward Island, an interagency working group
has continued to meet to identify issues, consider options, and to
promote more effective measures in dealing with high risk offenders at
various states of the criminal justice and corrections system.
The working group was instrumental in having a Provincial workshop in
April 1998 to improve the understanding of risk assessment, review
program effectiveness in dealing with high risk offenders and to
generally review various assessment measures.
Recommendation 6: Increase the use of restorative justice and
mediation approaches.
As a follow-up to the 2020 Vision - Justice into the 21st
Century report, a paper on Conflict Resolution options is being
finalised. This paper will serve as a basis for further discussion and
consultation toward the development of a proposed Provincial strategy and
will include a policy direction, principles, objectives and an
implementation plan. While of particular interest to criminal justice,
this will also encompass family and civil law.
A Conflict Resolution Co-operative has been formed in the province. As
well, a Centre for Conflict Resolution Studies (University of Prince
Edward Island) has been established in the province in the past two
years.
Prince Edward Island has participated in and contributed to the Justice
Renewal Initiative funded, in the main, by the Correctional Service of
Canada and carried out in 1997 by the Atlantic Co-ordinating Committee on
Crime Prevention producing the report, "Restoring Peace."
Recommendation 8: Better share information and technologies
within the system.
A feasibility study in Prince Edward Island on the possible electronic
transmission of case related data between justice services in the
province and the Correctional Service of Canada, resulted in an agreement
in principle. Further work is required in relation to the provincial
automated justice (courts) management system to ensure data, security,
technological, and other requirements are addressed.
As well, a 1993 Memorandum of Understanding concerning Access to and
Exchange of Information between Justice Services in Prince Edward Island,
the Correctional Service of Canada and National Parole Board is now under
review.
Recommendation 9: Better inform the public about criminal
justice dynamics and issues.
In response to the 2020 Vision - Justice into the 21st Century
project, and as follow-up to the January 1997 Provincial Criminal Justice
Summit held in Charlottetown, a number of public legal education oriented
efforts continue in cooperation with Federal and/or community
organisations, particularly the Federal Justice and Solicitor General
Ministries including:
-
the further development of a Provincial Criminal Justice Public Legal
Education Plan (1998)
-
the development of a Media Kit on criminal justice in Prince Edward
Island (1998)
-
information/fact sheets on Adult and Young Offenders Alternative
Measures for the public, victims, and offenders (1997)
-
information/fact sheets on Community Justice Forums (Family Group
Conferencing) for the public, victims and offenders (1998)
-
update of a Provincial Handbook on Sentencing, Corrections, Parole and
Conditional Release for Adult and Young Offenders (1998)
Recommendation 10: To test innovative, traditional methods
based on restoration and healing through Aboriginal justice and
corrections pilot projects.
The Prince Edward Island Department of Community Services and Attorney
General has been involved in discussions with Aboriginal organisations in
the province as to how best serve Aboriginal people who come in contact
with the criminal justice system. Under discussion is a province-wide
Aboriginal Community "Justice" Initiative that would serve all
Aboriginal people regardless of their place of residence. Emphasis would
be on Aboriginal involvement/leadership, alternatives, mediation,
training, and public education.
Recommendation 11: To work more co-operatively on programs and
services through Federal/Provincial/Territorial pilot
projects.
The Provincial Correctional Service in cooperation with the Correctional
Service of Canada continue to operate an Offender Program Resource Centre
in Charlottetown, providing community-based programs to both Services and
other community agencies.
Further to the 2020 Vision - Justice into the 21st Century
report, the Provincial government has expressed interest in examining the
feasibility of and developing a possible model for a long-term
Federal/Provincial Cooperation Agreement on Criminal Justice in Prince
Edward Island. This could be seen as an expansion of existing agreements
including the Exchange of Services Agreement on the placement of
offenders in custody and the Memorandum of Understanding concerning
Correctional Services which have been in effect since 1993.
Suplementary 1: Evaluation of diversion programs to include a
component on net-widening.
Prince Edward Island has benefited from the preliminary work in response
to this recommendation, particularly when reviewing and revising its
Alternative Measures (Young and Adult) policy and procedure. Of note were
the evaluations and assessment on the effectiveness of various approaches
and cautions on "net-widening."
Suplementary 2: Develop supporting technology to assist with
the integration of systems.
In 1998 Prince Edward Island is replacing its Integrated Justice
Information System with a new integrated justice (courts) management
system. This allows Prince Edward Island to take advantage of knowledge
and opportunities to introduce additional capability toward further
integration and linkage between and to support various
justice/correctional services as well as to allow technological
capability to address new demands, and relationships.
Suplementary 3: Sharing research findings on offender program
effectiveness.
Prince Edward Island awaits with interest the results of current research
efforts on the effectiveness of offender programs. This is particularly
timely as the province is reorganising its Correctional Services both in
custody settings and in the community.
Quebec
Highlights
-
Average daily population in detention
Between 1993-1994 and 1997-1998 the average daily population increased by
9.5%. In 1997-1998, however, a reduction of 4% was noted.
The impact of these successive increases combined with the changes in the
correctional network resulted in an increase of 60% in the average number
of temporary absences.
-
Days in detention
The number of days per detention stay decreased by 7% in five years - 9%
for inmates and 2% for remands.
-
Admissions
The number of admissions decreased by 12% between 1993-1994 and
1997-1998.
The number of intermittent sentences decreased by 50% in three years;
this was a probable consequence of the introduction of conditional
sentencing in September 1996.
-
Interventions in open custody
Interventions in the community; probation, community programming, and the
use of community based resources, has increased by 75% in the last five
years.
The ratio of persons in detention/persons in open custody was, on
average, about 5 between 1993-1994 and 1995-1996. In 1996-1997 it was
3.8, and in 1997-1998, it was 2.6.
-
Conditional sentencing
The number of conditional sentences imposed since conditional sentencing
came into effect on September 3, 1996 up until March 31, 1998 is 6,518.
The average length of a conditional sentence imposed alone is 8.3 months;
when combined with a probation order it is 31.9 months.
Conditional sentences were imposed for crimes against property in 40% of
cases and for crimes against the person in 17% of cases.
Average rates for failures reported are 12.1%.
Recommendation 2: Make greater use of diversion programs and
other alternative measures.
This subject comes under the jurisdiction of the Department of Justice,
which has developed a document for consultation on the implementation of
a program covering alternative measures. Talks are under way to turn over
the administration of this program to Quebec's Correctional Services,
subject to obtaining government recognition and also the necessary funds.
Recommendation 3: De-incarcerate low-risk offenders.
Quebec's Correctional Services are in the process of setting up means for
making things clearer in court which will be part of an overall strategy
of influence on the demand for correctional services, which will among
other things, in several cases, avoid incarcerating low-risk offenders.
They have also ruled on the non-use of electronic surveillance.
Recommendation 5: Make wider use of risk prediction/assessment
techniques in criminal justice decision making.
In order to increase public safety, Quebec's Correctional Services will,
as part of an integrated and continuing process, carry out a systematic
assessment of offenders, using specialized tools adapted to the work.
These assessments will make it possible to develop a correctional
intervention plan that will improve the social reintegration of
offenders.
Recommendation 6: Increase the use of restorative justice and
mediation approaches.
In the alternative measures program being developed by the department of
Justice of Quebec, various measures are under consideration, some of
which have to do with mediation as a means of resolving a conflict
between persons who wish to voluntarily participate in the process and
who seek satisfactory reparation for all parties.
Recommendation 7: Support Provincial Conditional Release
recommendations to amend the Prisons and Reformatories Act for
greater administrative flexibility.
In an attempt to harmonize Quebec's Correctional Services Act with
Federal legislation, an amendment to Quebec's Correctional Services Act
[Act respecting correctional services] was passed on June 17, 1998. This
amendment extends the duration of a maximum temporary absence from 15 to
60 days, thus allowing for greater administrative flexibility.
Recommendation 8: Better information sharing and technologies
within the system.
Exploratory meetings have recently been held between Correctional Service
Canada and Quebec's Correctional Services in order to study the
feasibility of exchanging information within the context of an increased
use of technology. This collaboration respects jurisdictional authorities
and the latter's capacity for determining their orientations and
priorities in the longer term.
Recommendation 11: To work more co-operatively on programs and
services through Federal/Provincial/Territorial pilot
projects.
Quebec's Correctional Services are currently negotiating with
Correctional Service Canada to review the existing agreement on exchange
of services.
Ontario
Highlights
-
Approximately 6000 offenders have received Conditional Sentence Orders
since 1996.
-
The Ontario Ministry of the Attorney General (MAG) has had a Charge
Screening Policy in place since January 1994.
-
In 1998, the electronic version of the LSI-OR is being implemented.
-
In November, 1996, the CSD established a central toll-free Victim
Support Line.
Recommendation 1: Endorse a shared statement of principles for
the criminal justice system.
In January 1996, the Correctional Services Division (CSD) of the Ontario
Ministry of the Solicitor General and Correctional Services (MSGCS)
unveiled the Vision, Mission, Values, and Objectives of
the CSD as part of the Organizational Renewal Project. In June 1997, the
MSGCS in conjunction with the Ministry of the Attorney General (MAG),
introduced Justice Vision designed to ensure a more modern,
effective and efficient justice system through:
-
investment in technology,
-
better integration of planning and operations between the various
components of the system, and
-
realigning the delivery process of the ministry's core businesses.
These initiatives are consistent with and complement the shared statement
of principles and federal policy directions indicated in Corrections
Population Growth.
Recommendation 2: Make greater use of diversion programs and
other alternative measures.
The Ministry of the Attorney General (MAG) and Policing Services Division
of MSGCS have assumed responsibility for adult diversion and other
alternative measures programs. Unlike Ontario's model for delivering
young offender alternative measures, the model for delivering adult
alternative measures does not, at this time, include supervision and
enforcement services being provided by probation and parole offices. The
general design of the programs will involve case screening services
provided by the police and supervision services provided by agencies and
other community organizations. The CSD is expected to have only a
facilitating role in delivering adult alternative measures programs.
Approximately 6000 offenders have received Conditional Sentence Orders
since 1996.
Recommendation 3: De-incarcerate low-risk offenders.
In Ontario, the MSGCS continues to enhance its Temporary Absence (TA)
program through the use of Electronic Monitoring to provide safe and cost
effective supervision of low-risk offenders in the community. This
program was introduced in January, 1996.
Offenders under this program are subject to random home visits, frequent
contacts with significant others, and drive-by monitoring to ensure that
the offender is complying with the conditions of the Temporary Absence
program.
Ontario has recently undertaken a review of its TA program and provincial
parole. The development of a single conditional releasing authority to
replace the current program is being considered as Ontario continues to
seek more effective strategies that will endorse the use of conditional
release mechanisms without compromising public safety.
Recommendation 4: Increase the use of charge screening.
The Ontario Ministry of the Attorney General (MAG) has had a Charge
Screening Policy in place since January 1994. The policy provides clear
guidance to Crown Attorneys regarding the requirement that every charge
must be screened as soon as practicable after it arrives in the Crown's
office and prior to setting a date for preliminary hearing or trial.
Screening involves the ongoing review of every charge to determine
whether there is a reasonable prospect of conviction and whether it is in
the public interest to discontinue a prosecution.
Recommendation 5: Make wider use of risk prediction/assessment
techniques in criminal justice decision making.
In order to protect public safety, the CSD, MSGCS has developed and
implemented a risk/need assessment tool that reviews and tabulates an
offender's characteristics in order to identify the offender's risk to
reoffend. The tool, known as the Level of Service Inventory - Ontario
Revision (LSI-OR), was introduced in December 1995. It is the cornerstone
of offender management as it provides the basis for appropriate
intervention and effective supervision throughout an offender's
disposition. It is also the primary factor considered in making decisions
regarding institutional classification, release on temporary absence,
parole, and community supervision, including electronic monitoring.
In 1998, the electronic version of the LSI-OR is being implemented - an
innovation which will enhance the quality and consistency of its use and
greatly facilitate information sharing amongst corrections staff about
offender risk and needs.
Recommendation 6: Increase the use of restorative justice and
mediation approaches.
MSGCS restorative programs (i.e., 38 Community Service Order and two
Victim-Offender Reconciliation Programs) accounted for approximately 35%
of contract expenditures for non-residential community-based programs. In
some jurisdictions, front-line ministry staff participate in community
justice committees/councils where communities are developing and
implementing diversion and restorative justice programs.
Recommendation 7: Support Provincial Conditional Release
recommendations to amend the Prisons and Reformatories Act for
greater administrative flexibility.
The CSD, MSGCS is reviewing the implications of amendments to the
Prisons and Reformatories Act for impact on CSD Temporary
Absence/Conditional Release programs. The results of that review will be
shared with members of Heads of Corrections.
Recommendation 8: Better share information and technologies
within the system.
Ontario's Integrated Justice Project involves efforts by the justice
ministries to establish an integrated justice information system. This
includes an integrated case management system which will allow, through a
common identifier, for the electronic capture of information at source,
the movement of information electronically, and the sharing of
information about a case or an individual across the justice system. The
amount of effort required to capture, update, and retrieve this
information will be minimized.
The CSD recognizes that the enhanced use of information technology and
integrated systems to coordinate information between all participants in
the criminal justice system, both nationally and internationally, is
critical. Streamlining the justice system, avoidance of duplication and
the rapid dissemination of information essential to primary stakeholders
will not only ensure the productive and effective use of limited
resources but may also help to stem the tide of terrorism, international
crime groups, and other threats to national security.
Ontario's Community Safety Act furthers the government's
commitment to protect communities and assist victims of crime by ensuring
that relevant offender information is disclosed as required. Chiefs of
Police are authorized to disclose personal information about high-risk
offenders, and correctional officials have the authority to disclose
personal information about soon-to-be-released offenders to victims,
agencies responsible for children, vulnerable adults, and the general
public. A process has also been implemented to update criminal justice
records and reflect legal name changes of Ontario residents.
In November, 1996, the CSD established a central toll-free Victim Support
Line (VSL). Callers may:
-
access general information about the criminal justice system from
pre-recorded messages;
-
access the services of an information counselor about victim services
available in their community;
-
leave a message requesting call-back from a ministry representative to
discuss a specific adult offender; and
-
check for any outstanding notifications (available to those who have
registered for the automated victim notification service (VNS).
The VNS is not available for young offender information due to
limitations imposed by the protection of privacy of young persons under
the Young Offenders Act. A committee has been established to
review the issues concerning victims of young offenders.
The CSD Local Area Network (LAN) Infrastructure Project has also been
implemented to ensure that all institutions and probation and parole
offices have up-to-date computer technology in order to enhance
communication and information sharing. This technology is a necessary
requirement to support the Ontario Integrated Justice Project.
Recommendation 9: Better inform the public about criminal
justice dynamics and issues.
Annually, the MSGCS conducts an intensive media campaign relating to
community crime prevention initiatives, particularly those related to
education, information sharing, training, the disadvantaged, and the
socioeconomic causes of crime. It is clear that the propensity to offend
or re-offend can, in many cases, only be reduced through education and
programs that actively target the root causes of crime.
A public information and awareness initiative relating to changes to the
infrastructure of Ontario's adult correctional institution system, inmate
work program on provincial highways, and the introduction of Ontario's
first strict discipline program for young offenders was launched. For
example public forums ("town hall meetings") have been held in
communities across Ontario to provide residents with information about
the CSD Infrastructure Renewal Project and to answer questions raised by
citizens about this initiative.
In addition, the Ontario government maintains an Internet Website that
provides general information about all government ministries including
MSGCS.
Recommendation 10: To test innovative, traditional methods
based on restoration and healing through Aboriginal justice and
corrections pilot projects.
Restorative justice and culturally appropriate approaches to policing and
corrections hold great promise for Aboriginal offenders. These approaches
can be more responsive to the needs of victims and the community while
concentrating on repairing the harm done rather than only on penalizing
the offender. The CSD believes that initiatives of this type may serve
Aboriginal communities more equitably and help to alleviate the
disproportionate number of Aboriginal people in both federal and
provincial correctional facilities. Ontario continues to work with
Nishnawbe-Aski Nation (NAN) to develop a community corrections services
transfer agreement to serve the Aboriginal population.
The CSD has increased the number of Native Inmate Liaison Officers in the
institutions to work with Aboriginal offenders. As well, First Nations
policing initiatives should help to bridge the gap between Aboriginal
communities and traditional policing methods.
The CSD Infrastructure Renewal Project will impact on eastern, western
and northern Ontario, and preliminary discussions have occurred regarding
specialty services for Aboriginal offenders in northern Ontario. The
Aboriginal Programs and Services Advisory group is reviewing programming
and service needs for aboriginal offenders in the three new, large,
correctional institutions.
Generic Aboriginal programs are being developed for implementation in the
new sites after March 31, 1999. Programs will be tailored to the needs of
Aboriginal offenders at individual sites as the number of Aboriginal
offenders, required programs, and services may differ from site to site.
Over the next year, in concert with the CSD Program Rationalization
Project, decisions will also be made regarding developing a holistic
approach to Aboriginal programs and services.
Recommendation 11: To work more co-operatively on programs and
services through Federal/Provincial/Territorial pilot
projects.
Since 1990, the MSGCS has worked cooperatively with Correctional Services
Canada, (CSC) through a Joint Funding Agreement to operate the Northern
Treatment Centre. This joint federal-provincial project is a 96 bed (88
male and 8 female) medium security intensive short-term treatment centre
located in Sault Ste. Marie and accommodates equal numbers of offenders
serving provincial and federal sentences.
The treatment programs concentrate on substance abuse, anger control,
individual skills development, emotions management and living skills.
These programs are delivered by a multi-disciplinary team of specialists
comprised of psychologists, social workers, nurses, chaplains, recreation
staff, Aboriginal program staff, volunteers, and correctional officers
who act as case managers.
Suplementary 1: Evaluation of diversion programs to include a
component on net-widening.
In October 1994, an evaluation of diversion programs within the MSGCS
indicated that diversion created a net-widening of probation caseloads.
Specifically, first offender intakes at pilot project sites were found to
be 250% - 300% higher than first offender probation admissions of the
same types of cases, in the same months, preceding the diversion
experiment.
Suplementary 2: Develop supporting technology to assist with
the integration of systems.
The CSD's Technology Coordination Unit has consulted with CSC's
counterpart representatives to explore the feasibility of establishing
linkages and access to respective CSD and CSC offender databases. There
has been agreement in principle between the CSD and the CSC to provide
for the exchange of information (messages and documents) on transfer
inmates using electronic mail between federal sites and the CSD's
Offender Transfer Unit. Ontario supports further discussion and analysis
of expanded technological access and exchange initiatives including the
use of the Internet.
In January 1997 the CSD Local Area Network Infrastructure Project was
introduced. The project will ensure that the CSD has up-to-date computer
equipment and software in order to more efficiently meet business needs
and assist employees in probation offices and correctional facilities to
perform their daily work.
Finally, the CSD recognizes that the enhanced use of information
technology and integrated systems to coordinate information between all
participants in the criminal justice system, both nationally and
internationally, is critical. Streamlining the justice system, avoidance
of duplication and the rapid dissemination of information essential to
primary stakeholders will not only ensure the productive and effective
use of limited resources but may also help to stem the tide of terrorism,
international crime groups and other threats to national security.
Suplementary 3: Sharing research findings on offender program
effectiveness.
MSGCS is represented on a Heads of Corrections working group which has
been established to provide a forum for coordinating and stimulating
research projects related to offender programs.
Manitoba
Highlights
-
The Restorative Resolution project currently has 125 offenders under
community supervision who would otherwise have received a sentence of
incarceration.
-
Manitoba has implemented a new offender risk management system (ORAMS).
-
Manitoba is in the process of implementing a state of the art automated
offender and management information system, the Corrections Offender
Management System (COMS).
Recommendation 2: Make greater use of diversion programs and
other alternative measures.
Manitoba continues to consider and encourage the development of diversion
programs. Youth justice committees continue to be a strong element in the
provision of diversion programming. The introduction of alternative
measures for adults is under review.
Recommendation 3: De-incarcerate low-risk offenders.
Manitoba supports programs as an alternative to incarceration through the
Restorative Resolution Project. This project currently has 125 offenders
under supervision who would otherwise have received a custody sentence.
Another measure is the housing of all intermittently sentenced inmates in
a Winnipeg area halfway house operated by the Salvation Army.
Recommendation 4: Increase the use of charge screening.
Prosecution Branch is continuing with the process of pre-charge screening
to reduce admissions to custody, both in adult and youth facilities.
Results of this initiative have not been evaluated.
Recommendation 5: Make wider use of risk prediction/assessment
techniques in criminal justice decision making.
Manitoba has re-developed and implemented an Offender Risk Assessment and
Management System (ORAMS) in all custodial facilities and community
corrections centers. This system has strong empirical and theoretical
support. It can be used to estimate an offender's risk to re-offend in
the community and has specific risk indicators for sex offenders,
domestic violence, and generally violent offenders. It provides
information to assist correctional decision making, facility placement,
court report recommendations, community supervision intensity, and
correctional programming. The majority of staff have been trained to use
this system.
Recommendation 6: Increase the use of restorative justice and
mediation approaches.
In addition to the Restorative Resolution Project, operated for the past
5 years in partnership with the John Howard Society, Manitoba Justice has
established a position to provide direction and coordination to all
restorative justice initiatives. An important initiative is the
system-wide implementation of Family Group Conferencing and using the
techniques of conferencing in our institutions. We are working with the
RCMP, Winnipeg Police Service, and Prosecution Branch in this area.
Recommendation 8: Better share information and technologies
within the system.
Corrections is in the process of implementing a state of the art
automated offender and management information system throughout all
institutions and probation offices. The Corrections Offender Management
System (COMS) will automate all case management information dealing with
offenders.
Provisions have also been made to incorporate CPIC information into the
system to which Corrections now has direct access.
Recommendation 10: To test innovative, traditional methods
based on restoration and healing through Aboriginal justice and
corrections pilot projects.
Manitoba Justice, through the working committee on restorative justice,
is considering a wide range of innovative programs including the
establishment of a Healing Centre in one of our northern work camps,
operated by local aboriginal bands.
Saskatchewan
Highlights
-
Overall, the number of offenders incarcerated in Saskatchewan has
decreased slightly over 10 years.
-
In fiscal year 1998/99 new diversion program initiatives are
anticipated in seven communities throughout the province.
-
Saskatchewan has been using the Manitoba Risk and Needs Assessment
package since July 1997.
-
Saskatchewan averages 75 new conditional sentence admissions to the
community correctional system a month.
Recommendation 2: Make greater use of diversion programs and
other alternative measures.
Contracts in 1997/98 were in place for adult diversion programs in
Regina, Saskatoon, Moose Jaw, Prince Albert, Yorkton, Fort Qu'Appelle,
Weyburn and Battleford. During the fiscal year 1998/99 new diversion
program initiatives are anticipated in seven other communities throughout
the province. The goal for 1998/99 is to divert 4000 - 5000 cases. The
criteria for inclusion in the adult diversion programs is as follows:
sufficient evidence as it relates to an offender's case exists;
prosecution is not barred by law from diverting the case; the offender
accepts responsibility; the offender has not been diverted more than
twice in the last three years; there have been no failed diversions in
the last six months; there is no substantial record of similar offences
or recent charges; the offender freely consents; and the offender has
been advised of right to representation before consenting. Cases that are
excluded from diversion are: use or threatened use of a weapon, violence
against a person (Crown indictment), child sexual abuse, sexual assault,
perjury, driving while disqualified, Criminal Code driving offences
involving alcohol, and family violence cases.
Recommendation 3: De-incarcerate low-risk offenders.
The overall trend of offenders incarcerated in Saskatchewan has decreased
slightly over a 10-year period. There has been a steady decrease within
the sentenced category and an increase in the remanded category. However,
the overall population has begun to increase since August 1997, to the
point that our average daily count is as high as it was in 1994/95. The
1998/99 data represents April and May 1998.
![Annual Average Incarcerated Population Count](/web/20061026014654im_/http://ww2.psepc-sppcc.gc.ca/_images/english/corrections/corr_pop_growth98_graph1_e.gif)
Saskatchewan continues to see a decrease in the number of incarcerated
low-risk offenders as a result of various initiatives cited in
Corrections Population Growth: First Report on Progress. The
introduction of risk/needs assessment instruments has provided a more
accurate indication of the number of offenders in the correctional system
by risk. The breakdown of the combined community and incarcerated
population (using a sample base of 1,153 files) indicates that 12% are
rated as low-risk, 44% as medium-risk and 42% as high-risk. 2% were not
rated due to lack of data. This profile is significantly different when
it is broken down by community and institutional populations. The data
indicates that a significant majority of the incarcerated population
(95%) are rated as medium to high risk while in the community the
majority (68%) of offenders are rated as low to medium risk.
As a result of the shift of low-risk offenders from the institutions to
the community, Saskatchewan has identified a significant change in the
dynamics within the correctional centres. The inmate profile can now be
categorized as a relatively young offender population, serving a longer
sentence than in the past and their offences include violence. Such a
profile is consistent with the results of the risk and needs assessment
previously mentioned in this document.
Saskatchewan averages about 75 new conditional sentence admissions to the
community correctional system a month. As of April 1998 the average
community supervised population was 4,375, of which, 720 were offenders
on conditional sentence orders. This increase in the community-supervised
population has increased the workload of the probation staff and resulted
in the reallocation of institutional resources to the community
operations offices.
Recommendation 4: Increase the use of charge screening.
Police Officers are using their delegated discretion in determining
whether to proceed with charges. This is creating some concern with
Prosecutions who question whether the police are exercising this
discretion in place of the Prosecution. This process will be monitored
over time.
Recommendation 5: Make wider use of risk prediction/assessment
techniques in criminal justice decision making.
Saskatchewan has been using the Manitoba Risk and Needs Assessment
package since July 1997. The instruments in use include the primary risk
assessment, partner abuse assessment, sexual offender assessment, and the
general assault assessment. All institutional and community staff have
been trained in administering the instruments and over 6000 assessments
have been completed to date. In April 1998, the assessment instruments
were incorporated into the automated Corrections Management Information
System and we now have the ability to analyze this information. Data
collected to date has provided the following information: 79% of the
offender population has a moderate to serious drug/alcohol problem, 53%
of the population accepts some to full responsibility for their actions,
53% of the population has serious problems within their family/marital
relationships, 66% of the population have problems with their peer
associations, 48% of the population have problems maintaining steady
employment, 50% of the sex offender population are rated as high risk,
58% of the partner abuse population are rated as medium risk, and 60% of
the general assault population are rated as medium risk. Across all major
assessments, on average, 86% of the offender population is motivated
towards treatment or at least willing to attend treatment programs. This
information is proving meaningful in identifying how our program
interventions need to be re-aligned.
Recommendation 6: Increase the use of restorative justice and
mediation approaches.
In 1997/98 there were 35 full-time and part-time community justice
workers in 8 First Nations communities. Aboriginal court workers provided
coverage in 76% of the courts within the province. Aboriginal resource
officers were available in all major centres in Saskatchewan. Family
Violence initiatives were available in all major centres and victim
programming was available in 3 northern communities. There were 14
police-based victim services programs in the province and 500 volunteers
were working with 18,000 victims. Crime Prevention initiatives were
underway in 3 major communities.
Recommendation 7: Support Provincial Conditional Release
recommendations to amend the Prisons and Reformatories Act for
greater administrative flexibility.
During the 1997/98 fiscal year, on a daily basis, Saskatchewan averaged
95 offenders on extended authorized absence from correctional facilities.
The average length of the absence was 25 days. This was down from the
1996/97 average of 140 offenders. As of the first quarter of 1998/99, the
daily average of offenders on extended authorized absence was 72 with an
average absence length of 25 days. The decrease in the number of
offenders receiving extended authorized absences was related to changes
in the offender profile and their eligibility for such an absence given
their length of sentence, offence profile, and participation in
correctional programs.
Recommendation 8: Better share information and technologies
within the system.
Saskatchewan has worked with the Canadian Centre for Justice Statistics
in developing the interface required to capture the necessary information
for the Adult Corrections Survey. The data comes from the Corrections
Management Information System that captures the daily transactions
regarding offenders within the correctional system.
The Province is in the process of formalizing an information protocol
that respects the Saskatchewan Freedom of Information and Protection
of Privacy Act, with the Correctional Service of Canada.
Saskatchewan anticipates a process similar to that used with other
jurisdictions.
Recommendation 9: Better inform the public about criminal
justice dynamics and issues.
The Department of Justice is in the process of re-vamping its internet
Website so that more pertinent information regarding the criminal justice
system can be accessed by the public. Ministerial announcements regarding
new initiatives present an ideal opportunity for the Minister to provide
factual information regarding the various dynamics and issues surrounding
criminal justice issues in the province.
Recommendation 10: To test innovative, traditional methods
based on restoration and healing through Aboriginal justice and
corrections pilot projects.
Saskatchewan and Canada provided funding for the operation of a Spiritual
Healing Lodge under the control of the Prince Albert Grand Council. The
Healing Lodge houses up to 25 provincially sentenced offenders and 5
federally sentenced offenders. The provincial capacity has been averaging
20 offenders over the last several months. The facility provides the
opportunity for low-risk aboriginal offenders to participate in program
activities that are spiritually and culturally specific. The staff are
community members from the Wahpeton Reserve and they are supported by an
elder that resides at the facility.
Correctional Centres have entered into local agreements with Band
Councils to provide support, supervision, and monitoring for offenders
who are granted temporary absences back to their home communities as part
of an approved release plan.
Recommendation 11: To work more co-operatively on programs and
services through Federal/Provincial/Territorial pilot
projects.
Saskatchewan and the Correctional Service of Canada, Prairie Region, have
engaged a working group to address the issues of sentenced women in a
more comprehensive manner. The intent of the working group is to identify
approaches to address the needs of women offenders without being
constrained by the two-year rule as it pertains to sentencing.
Saskatchewan and CSC are currently negotiating an arrangement which would
allow federally sentenced women who are granted day parole access to the
Community Training Residence in Saskatoon. This would provide a greater
opportunity for federally sentenced women to access the community prior
to their statutory release date.
Saskatchewan continues to enjoy a favourable working relationship with
the Correctional Service of Canada. To-date, Provincial staff have been
trained by CSC to deliver the Offender Substance Abuse Program (OSAP)
which is congruent with the criminogenic needs that have been identified
through the assessment process. Other opportunities for furthering this
type of collaboration will include the delivery of programs like
Cognitive Skills Training, by provincial staff in the community to both
Federal and Provincial offenders.
Alberta
Highlights
-
The average in-house count increased by 11% between 1991/92 and
1995/96, however it fell by 28.9% between 1995/96 and 1997/98.
-
The average daily count of adult offenders in fiscal year 1997/98 was
1913.
-
The average in-house count of young offenders increased by 23% between
1991/92 and 1995/96, however it fell by 20.6% between 1995/96 and
1997/98.
-
The average daily count of young offenders in fiscal year 1997/98 was
464.
-
Community corrections caseloads increased by 5% for adults and 10% for
young offenders between 1992/93 and 1996/97. Between 1996/97 and
1997/98, the adult caseload increased by another 4.9%, while the young
offender caseload was unchanged.
-
The average monthly supervised caseload for adult offenders in fiscal
year 1997/98 was 9,982. The average monthly supervised caseload for
young offenders in 1997/98 was 3,359.
Recommendation 2: Make greater use of diversion programs and
other alternative measures.
Alberta implemented an Adult Alternative Measures Program in February
1997. The program is experiencing considerable activity, and as of the
end of February 1998, 603 alternative measures cases were on the adult
community corrections caseload.
Admission criteria for the young offenders alternative measures program
were expanded in September 1996. At the end of February 1998, 1211
alternative measures cases were on the young offender community
corrections caseload.
Recommendation 6: Increase the use of restorative justice and
mediation approaches.
Communities in Alberta have embraced the provisions in the Young
Offenders Act allowing for youth justice committees. There are currently
66 youth justice committees in the province compared to January 1997 when
there were 47. This demonstrates the extent of the community response to
young criminal offenders.
Recommendation 8: Better share information and technologies
within the system.
The Department of Justice signed a protocol regarding the sharing of
general information with other criminal justice providers in Alberta and
is finalizing a separate protocol with the federal Department of the
Solicitor General. A third protocol, arising from the Freedom of
Information and Protection of Privacy Act, is in place between criminal
justice partners regarding public notification about offenders who pose a
clear risk to the community. There has been considerable activity arising
from this latter protocol, and the public is satisfied with the process.
Recommendation 10: To test innovative, traditional methods
based on restoration and healing through Aboriginal justice and
corrections pilot projects.
A new contractor recently joined Alberta. Since January 1998 the
Kapashkwatinak Youth Society has operated a 10-bed minimum-security camp
for young offenders near the isolated, northern community of Wabasca.
This is in addition to the Aboriginal service providers previously
reported. These partners provide unique correctional services under
contract to the Department of Justice.
Northwest Territories
Highlights
-
In a recent snapshot, 91% of the Northwest Territories' prison
population was aboriginal.
-
According to the census of 1996 the aboriginal population of the
Northwest Territories was 39,690 out of a total population of 64,125.
This works out to a percentage figure of 62%.
-
There are presently upwards of 40 Community Justice Committees in
various stages of development in the NWT.
-
Recent legislation respecting family law will encourage the use of
mediation and community committees to try to resolve disputes.
-
A more sophisticated Offender Information System is being considered to
deliver both management information and case management functions.
-
The Government of the Northwest Territories is encouraging more
communities to become involved in the administration of justice through
the use of Elders Panels, the funding of Community Justice Committees,
community policing agreements, and other initiatives which focus on
prevention and diversion.
Recommendation 2: Make greater use of diversion programs and
other alternative measures.
The Department of Justice is committed to expanding the role that
communities play in the administration of Justice. This includes, but is
not limited to:
-
funding community justice committees,
-
continuing to promote community policing agreements,
-
encouraging community policing initiatives and supporting the role
police can play in education and prevention,
-
expanding the Community Constable/Bylaw Program; have Community
Constables perform a greater educational/crime prevention role with a
focus on youth; use Community Constables to provide a public and
safety/security function in unincorporated communities where there is
no police presence. These constables will have specialized training to
set up crime prevention initiatives.
Cautioning done by a Police Officer is currently carried out in the
Northwest Territories without any formal policy or procedural mechanisms
in place. The decision to use cautioning rests with the individual
officer. Efforts are being made to gather statistics to ascertain how
cautioning is currently being used in the NWT.
Diversion has been occurring for several years in some NWT communities,
mainly at the pre-charge level, through community justice committees. It
is now being done more often, in more locations, and for different types
of cases. There are now approximately 40 volunteer justice committees
formed. They are at various stages in their ability and capacity to
handle diverted cases. Statistics on diversion show that slightly over
200 cases were diverted to justice committees during the first six months
of 1997. As with cautioning, approximately twice as many youth were
diverted compared to the number of adults. Funding for community justice
activities is based on a modified per- capita formula. Total NWT funding
for 1997/98 was approximately $1.1 million. A new funding arrangement has
stimulated an increased interest in providing community justice services.
Fiscal 1997/98 was the first year that it was forecasted that all
available funds would be committed.
In the Northwest Territories, the Justice of the Peace has considerable
jurisdiction. As part of a community justice focus within the judiciary,
some JPs are utilizing elders or other community people to sit with them
in an advisory capacity in sentencing. The participation of community
members can help Justices of the Peace be fully aware of all resources at
the community level to assist the offender.
In one community, the chief Judge of the Territorial Youth Court utilizes
what is known as a Student Disposition Panel. The panel is made up of
students from the local high school enrolled in the law course. Twelve of
them sit through and hear the circumstances of the case or cases (similar
to a jury). Once the case has been heard, the panel adjourns to
deliberate. Once finished they return to the courtroom and a member of
the student disposition panel reads out the recommendations of the panel.
The judge then makes his ruling accordingly, very often considering the
recommendations of the panel.
Preliminary statistics on the three Territorial Courts (Adult, Youth,
Justice of the Peace) and the Supreme Court over the last five years show
a trend towards a reduction of first appearances in each. In both 1995
and 1996, cases in Territorial Court have been below the five-year
average. Reductions in court appearances (Territorial) and files opened
(Federal) did not correlate with decreases in the number of custody
dispositions, suggesting that courts are, on average, dealing with more
serious offenses.
Recommendation 3: De-incarcerate low-risk offenders.
The Corrections Division, in an effort to de-incarcerate low risk
offenders, has pursued the development of correctional camps in the adult
system and alternative homes in the young offender system to take low
risk offenders out of the facilities and bring them closer to the land.
This has necessitated the aggressive use of the temporary absence program
in the adult system.
Recommendation 5: Make wider use of risk prediction/assessment
techniques in criminal justice decision making.
The Department of Justice undertook a review of the risk/needs assessment
instruments other jurisdictions were using. The purpose of the review was
to gather information to assess the feasibility of adopting a risk/needs
assessment instrument in the Northwest Territories.
The review recommended that the Manitoba model (ORAMS - Offender Risk
Assessment & Management System) be adopted because it was deemed the
most practical in its application to the Northwest Territories. The
Manitoba model is also validated for Aboriginal persons, women, and young
offenders. As a result of this review, two NWT Corrections officials were
sent to Manitoba very recently to examine the model with a view to
possibly adopting the model for use in the Northwest Territories in the
near future.
A recent Corrections review conducted by Mr. John Evans resulted in a
recommendation that a risk/needs assessment instrument be adopted in the
NWT.
On September 15, 1998 an ORAMS conference was held in Yellowknife to
introduce the Risk and Assessment instrument to the Northwest
Territories. The conference featured, as guest speaker, Dr. James Bonta,
Chief of Corrections Research, Department of the Solicitor General.
Immediately following the conference a 2 and ½ day training session was
held in Yellowknife and facilitated by Mr. Bill Sedo, Project Manager of
ORAMS, Manitoba Corrections. Participants involved in the training
included facility personnel representing seven institutions,
psychologists, and community corrections personnel. Those who
participated in the initial training will be training the rest of their
staff in the use of ORAMS. Full implementation of ORAMS at the
institutional level has been scheduled for November 2, 1998.
Recommendation 6: Increase the use of restorative justice and
mediation approaches.
The use of Sentencing Circles, Elders Committees, and Community Justice
Committees continue to be important components of justice in the north.
As part of the 1997 Department of Justice - Strategic Planning Process,
the ADR (Alternative Dispute Resolution) Task Team was formed. The
purpose of the task team is to plan for the design of mechanisms to
promote the resolution of disputes outside of court. The task team set
out to explore alternative dispute resolution mechanisms, identify models
that might be appropriate for use in the NWT, consider how these models
would be established, how they would work, set priorities, and make
recommendations for action. The ADR Task Team focussed primarily on
family law, including implementation of federal Child Support Guidelines
under the Divorce Act, and small claims matters. It also
reviewed ADR in the context of some other civil matters.
Three new Acts relating to family law were passed in October 1997, The
Child and Family Services Act, initiated by the Department of
Health and Social Services, creates community committees called
"Child and Family Services Committees" which will become
involved in child welfare matters. These committees will, in effect, be
involved in ADR when dealing with child welfare matters.
The Children's Law Act and the Family Law Act,
sponsored by the Department of Justice, include provisions allowing a
court to refer to mediation specific disputes. The sections are not
restrictive as to who could be a mediator. The parties would select a
person who has consented to act as a mediator and file a report with the
court within a specified time period.
Community Justice Committees are participating in ADR, although
exclusively in the areas of criminal law, and at differing stages of
development.
Recommendation 8: Better share information and technologies
within the system.
The Northwest Territories is committed to improving information flow
between jurisdictions and within our own jurisdiction.
The Department of Justice undertook to develop an Offender Information
System to replace the non-functional mainframe system that was developed
in the late 70's. Resignations and re-assignment of personnel brought
this project to a halt before any functional system could be completed.
It was decided in early 1997 to produce a temporary system (Lifeboat) to
permit preservation of historic data and collection of new data. However,
this system would provide rudimentary reporting capabilities at the HQ
level but no support to institutional or community operations.
The Offender Information System is now operational; historic data and
more recent data continue to be entered into the system. The Department
of Justice has identified a need for a more sophisticated OIS to deliver
both management information and case management functions.
More recently, with the financial assistance of the Canadian Centre for
Justice Statistics, a detailed set of user requirements was completed.
This user requirements definition forms the basis for a RFP (request for
proposals) for the design and development, or alternatively, acquisition
of an Offender Information System from another jurisdiction and will also
facilitate estimating costs for development or acquisition of a full
scale Offender Information System.
As of September 1998, funding has been approved for the Department of
Justice to proceed with acquiring the necessary hardware to allow for the
implementation of an Offender Information System. In addition, measures
will be taken to design and/or acquire an Offender Information System
that will meet the needs of the Northwest Territories. The entire project
is expected to take about 2 and ½ years to full implementation.
Recommendation 9: Better inform the public about criminal
justice dynamics and issues.
A one-hour video on community justice in the north was completed last
year and distributed to communities and television networks. A pamphlet
and a booklet were also produced. These will help justice committees just
starting out and give information to the general public on the
committees' role. The next task is to produce a committee resource
manual. This will provide more detailed information to committees and
help with the ongoing development of programs and initiatives.
Recommendation 10: To test innovative, traditional methods
based on restoration and healing through Aboriginal justice and
corrections pilot projects.
The Aboriginal community has long held the view that crime is a result of
someone being out of balance and that the community has a responsibility
to help restore that person to a balanced state.
As a result, to promote healing, the Corrections Division has emphasized
the need for and encouraged the development of a multi-faceted cultural
program involving Fishing, Hunting, Guiding, Healing Circles, Medicine
Wheel, Hide Tanning, Trapper Education, and Carving program. This also
allows offenders to maintain their cultural roots and learn more about
their cultural heritage and identity.
Yukon
Highlights
-
Community sentencing alternatives in the Yukon include curative
discharge program, house arrest, residential home placements, community
service work, fine option, Community Justice Committee support groups,
male batterers program, sex offender risk management program, sex
offender group program for special needs offenders.
-
Yukon has implemented offender programming based on a cognitive social
learning model in the institutions and in the community.
-
Yukon has implemented an incentives/disincentives model of offender
management that requires that inmates must participate in programming
to address their criminal behavior in order to be eligible for
privileges such as temporary absences, inmate pay increases, security
level reductions, etc.
-
72 conditional sentence orders have been implemented in the Yukon
between September 1996 and March 1998.
-
Yukon's Keeping Kids Safe strategy provides comprehensive
monitoring and programming for convicted sex offenders in the
community.
Recommendation 2: Make greater use of diversion programs and
other alternative measures.
From September 1996 to March 1998 there have been 72 conditional sentence
orders in the Yukon. Yukon continues to implement a post-charge
alternative measures program. A consultation process will be undertaken
to establish criteria and procedures for diverting cases at the
post-charge level.
The joint RCMP/Government of Yukon vision statement establishes a
pre-charge diversion process that has been implemented in a number of
RCMP detachments. The RCMP detachments in Dawson City, Watson Lake, and
Haines Junction have been working with community justice committees to
review matters that could be handled more effectively through a
pre-charge diversion process. These conferences have been established for
both First Nation and non-First Nation youth and adult offenders. A
strategic plan will be developed so the program can continue to evolve to
meet the needs of the community. This plan will include the distribution
of resource material, training opportunities, and the development of
performance measures to review projects.
Work is actively underway to explore non-carceral, community based
options for offenders diagnosed as having either Fetal Alcohol Syndrome
or Fetal Alcohol Effects.
Recommendation 3: De-incarcerate low-risk offenders.
The Yukon has implemented a number of initiatives over the past few years
that serve to de-incarcerate low-risk offenders, including the Curative
Discharge Program, House Arrest, and the Temporary Absence Program. In
addition, the territory can provide funding for community residential
placements which enables offenders who are incarcerated to return to the
community sooner on a temporary absence to a Whitehorse-based halfway
house, one of the Yukon's rural healing camps, or other approved
residences. These residential placements can also be accessed as part of
a probation order if the court deems that a monitored living situation is
necessary. The availability of residential placements is helpful for the
new sentencing option, conditional sentences.
Although sex and spousal offenders are not generally looked upon as
low-risk offenders, the Yukon has implemented a community-based risk
management strategy that is successful in having some high-risk violent
offenders placed under supervision in the community as opposed to, or in
combination with, being sent to jail. The Sex Offender Risk Management
program, which is a component of the Yukon's Keeping Kids Safe strategy,
provides comprehensive monitoring and programming of convicted sex
offenders in the community. Although this program is not intended to be a
de-incarceration program, the credibility of the program with the
Judiciary is resulting in a high proportion of sex offenders being given
a minimal jail sentence in combination with a maximum community
supervision sentence. The risk management model is also being adopted for
high-risk spousal assault cases.
Recommendation 5: Make wider use of risk prediction/assessment
techniques in criminal justice decision making.
In 1996 the Yukon adopted and implemented the use of risk/needs
assessments as part of a comprehensive offender management strategy. The
instrument used in the territory is the Level of Service Inventory (LSI)
and assessments are conducted on all offenders serving 30 days or more.
All requests for pre-sentence reports are required by policy to include
information derived from a risk/needs assessment. Other assessments
conducted at the pre-sentence stage, if relevant, include sex offender
assessments, spousal assessments, and substance abuse assessments. The
Judiciary has been very supportive of the application and use of the
risk/needs instrument and other more specific assessment instruments as
part of the pre-sentence process.
Recommendation 6: Increase the use of restorative justice and
mediation approaches.
The Yukon Community and Correctional Services Branch has adopted as one
of its main principles, a commitment to a victim-centered approach. This
means that any action proposed for offenders take into consideration the
impact that action has on the offender's victim. This victim-centered
approach is orchestrated through an Integrated Case Management Policy and
Procedures that encompasses Correctional Facilities, Adult Probation,
Batterer Programs, Women's Counseling Programs, Victim Services, and the
Sex Offender Risk Management program.
The Yukon Kwanlin Dun Community Justice Project is based on a restorative
justice model and uses mediation as the main process for resolving
disputes both informally and in the more formal circle sentencing
process.
Recommendation 8: Better share information and technologies
within the system.
The Yukon is currently undertaking a data warehouse development project
that will enable the Department of Justice to electronically track and
case manage offenders from their entry into the court system through to
the termination of their sentence. The territory is also planning to
build into the system the capacity for offenders to be cross-referenced
with their victims. This will allow the system to anticipate the needs of
victims and to provide current information to victims when they inquire
about an offender.
The Yukon agrees with the concept of data systems within the justice
system being as integrated as possible, both within each jurisdiction and
nationally. When the feasibility study for the current data warehouse
project was undertaken, the territory consulted with key stakeholders
such as the RCMP and the Federal Crown's office to see if there was an
opportunity to build-in these linkages. The Yukon will continue to work
cooperatively with its partners in the criminal justice system to ensure
continuation of the flow of information and research from which all
jurisdictions benefit.
To improve communication and offender case management within the Yukon
corrections system, an integrated case management policy has been
designed and implemented. Probation, institutional and family violence
staff are working collaboratively at case managing individual offenders
using a one-file system.
Recommendation 9: Better inform the public about criminal
justice dynamics and issues.
Yukon's "Keeping Kids Safe" initiative has as one of its main
goals the education of the public about the dynamics of sex offending
behavior and what individuals, parents, and community groups can do to
keep children safe from sexual abuse. A media package has been developed
which includes posters, newspaper advertisements, radio advertisements,
and newspaper fillers. This package is available to other jurisdictions
free of charge upon request.
Recommendation 10: To test innovative, traditional methods
based on restoration and healing through Aboriginal justice and
corrections pilot projects.
Throughout the Yukon, many communities and First Nations are actively
seeking alternatives to the current criminal justice system, to provide
for greater public accountability, speedier responses, more support for
victims, and a wider range of options for dealing with offenders.
In particular, First Nations communities have expressed a desire for
justice alternatives that bring real healing for victims and positive
changes in offenders' lives.
As part of the Yukon government's overall approach to community-based
restorative justice, the Department of Justice has been pursuing ways to
allow more federal funds to flow to the Yukon under the federal
Aboriginal Justice Strategy, which is in place until April 2001.
Under this strategy, the federal government contributes 50 percent toward
projects that help build the foundation for justice programs administered
by aboriginal people. The Yukon government matches these funds. In
1998/99 more than $600,000 will be available for such projects in the
Yukon. Our government is prepared to allocate more than $300,000 in cash
or in-kind contributions.
Community organizations and First Nations that will receive funding for
restorative justice projects include: Southern Lakes (Carcross) Justice
Committee, Carmacks Justice Committee, Dawson City Community Justice
Committee, Haines Junction Community Justice, Kwanlin Dun First Nation
Justice Committee, Liard First Nation, Vuntut Gwitch'in First Nation and
Teslin Tlingit Council.
Yukon Justice is also making plans to begin public consultations on a
Corrections Strategy and to introduce a community development restorative
justice training approach later this year. Both of these approaches are
designed to examine methods to reduce crime, and to restore the balance
of community justice when crimes do occur, in a manner that meets the
needs of the individuals, families and communities involved.
Recommendation 11: To work more co-operatively on programs and
services through Federal/Provincial/Territorial pilot
projects.
The Solicitor General Canada, the RCMP, Justice Canada and the Yukon
Territorial Government have committed financial and in-kind support for
the implementation of the Yukon's "Keeping Kids Safe"
initiative.
British Columbia
Highlights
-
British Columbia has traditionally emphasized diversion and alternative
measures programs - it incarcerates fewer offenders per capita than
other provinces.
-
3800 offenders have been given conditional sentences between September
1996 and March 1998.
-
B.C. is introducing a new integrated justice information system -
JUSTIN.
-
B.C. fully supports the use of restorative justice approaches.
-
British Columbia is committed to the on-going emergence of innovative
and traditional approaches to the delivery of aboriginal justice
services.
Recommendation 2: Make greater use of diversion programs and
other alternative measures.
British Columbia has traditionally emphasized diversion and alternative
measures programs - it incarcerates fewer offenders per capita than other
provinces. British Columbia has recently launched a new Community
Accountability Project to provide local communities and governments with
funding to support local diversion programs. Clients will be referred
directly by police.
Conditional sentencing populations have grown dramatically. More than
3800 offenders have been given conditional sentences from September 1996
to March 1998.
Recommendation 3: De-incarcerate low-risk offenders.
British Columbia has introduced comprehensive risk assessment procedures
over the last four years. This information is now being introduced into
various key decision making contexts. One of the primary functions is the
introduction of this information to court. To support timely and
appropriate court orders, B.C. has a pilot project in Kelowna to share
with Crown Attorneys information known to the Correctional system. These
data are also instrumental in getting the right offender to the right
rehabilitation program.
Recommendation 4: Increase the use of charge screening.
B.C. is introducing a new integrated justice information system - JUSTIN.
This system provides the Crown with extensive information on the accused
and improves their ability to screen the accused and utilize the least
intrusive outcome/sentence.
Recommendation 5: Make wider use of risk prediction/assessment
techniques in criminal justice decision making.
One of the primary elements of the B.C. Corrections Strategic Plan is the
full implementation of the Risk/Needs Assessment tools that have been
developed over the past four years. The predictive basis of these tools
has now been evaluated and proven to have reliability and predictability
in determining the likelihood of subsequent involvement in the criminal
justice system. B.C. Corrections is fully committed to the use of these
tools to manage both the individual case and to reallocate resources to
focus on the higher risk, higher "payoff" client.
Recommendation 6: Increase the use of restorative justice and
mediation approaches.
British Columbia is on record as fully supporting the use of restorative
justice approaches. B.C. has implemented a comprehensive notification
system to ensure that victims and individuals identified in protection
orders are kept fully informed regarding the status of the offender named
in the protection order.
British Columbia has introduced several Victim Offender Reconciliation
pilots to establish the most effective means of delivering restorative
justice services.
Recommendation 8: Better share information and technologies
within the system.
British Columbia's new integrated justice information system - JUSTIN -
is currently being implemented across the main components of the criminal
and civil justice system in the province. This system has been designed
to ensure that common information is transferred effectively across the
criminal justice system. This project also includes a variety of
technology based tools, such as video remand, to improve case processing
efficiency.
Police, Crown, Courts, Corrections, and Parole will all contribute and
utilize client information to produce current and comprehensive case
management information, as well as developing common data for use by
management.
Recommendation 9: Better inform the public about criminal
justice dynamics and issues.
British Columbia has just completed a large-scale public/staff
consultation as a key component of the B.C. Justice Reform initiative.
Executive and senior staff held a series of public and staff meetings
across the province to improve mutual understanding of justice system
issues.
The Corrections Branch has just completed an extensive strategic planning
process. The result of this is the document "Directing Change"
which provides an overview of the main issues confronting Corrections and
the planned response to these issues. This document has been designed for
release within the CJS and to the public.
Recommendation 10: To test innovative, traditional methods
based on restoration and healing through Aboriginal justice and
corrections pilot projects.
British Columbia is committed to the on-going emergence of innovative and
traditional approaches to the delivery of aboriginal justice services.
Currently, there are several programs within institutions based on sweat
lodges and healing circles. Native elders are on contract to provide
counseling and support services in some institutions.
As part of the treaty negotiation process, the issues of aboriginal
justice services play an important role. In the current Nisga
negotiations, aboriginal justice approaches are being negotiated.
Recommendation 11: To work more co-operatively on programs and
services through Federal/Provincial/Territorial pilot
projects.
The JUSTIN project has formal RCMP involvement and has the status of a
pilot project for integrated justice information systems.
Under an exchange of services agreement with CSC, female B.C. residents
given federal sentences may serve their sentence at the Burnaby
Correctional Center for Women.
VI. REPORTS FROM FEDERAL MINISTRIES AND AGENCIES
Solicitor General Canada
Highlights
-
Electronic Monitoring appears to be targeting medium-risk offenders and
maintaining them in the community.
-
The Solicitor General Canada released a literature review of diversion
programs in December 1997.
-
The Integrated Justice Information Directorate was
specifically created in March 1998 to promote the coordination of
information management and system development efforts within the
federal government.
-
Crime Prevention in First Nation Communities: the Solicitor General
Canada published An inventory of Policing Initiatives in March
1998.
-
The Aboriginal Community Corrections Initiative (ACCI) works to develop
timely and appropriate policy relating to the treatment of adult
Aboriginal offenders in communities that are developing community-based
healing and restorative environments.
Evaluation of Electronic Monitoring Programs (EM)
The Solicitor General Canada has produced three reports evaluating
Electronic Monitoring (EM). The first, being a report on the British
Columbia program, released April 1997; the second, reporting on the
Saskatchewan program, released January 1998; and the third, released in
April 1998, reporting on the Newfoundland program.
British Columbia has the longest running program of this type with
approximately 335 offenders being supervised by EM on any given day over
the 1996/97 time period. The vast majority of these offenders are
medium-risk offenders and are supervised in their own homes as an
alternative to jail. In a study looking at 100 representative offenders,
mostly caucasian males in their early thirties, approximately 25 were of
sufficiently low risk that normal supervision would have been sufficient.
Nearly all of the 51 offenders with a treatment condition were involved
in substance abuse counseling. Only 9 offenders failed to complete the
program for a reported success rate of 91%. While there were some
technical concerns regarding this reported success rate, the offenders
found the most important benefit of the program to be maintenance of
family contact and generally reported that the program provided concrete
assistance with their problems.
Saskatchewan compared 107 offenders (81 men and 26 women)
receiving Intensive Probation Supervision with Electronic Monitoring to
16 offenders (13 men and 3 women) who received Intensive Probation
Supervision alone. In a surprising finding those offenders receiving only
Intensive Probation Supervision scored higher on risk-needs scales than
those offenders who also received EM. However, program success rates were
equivalent. It was reported that approximately 25% of the Electronically
Monitored offenders were of sufficiently low risk that they could have
been managed by regular probation alone. Those offenders in the EM
component expressed satisfaction with the program, felt it was helpful in
preventing recidivism, and stated that it allowed them to maintain
community ties (family and employment).
Newfoundland has an Electronic Monitoring program for medium risk
offenders located in St. John's. The Learning Resources Program (LRP)
which provides intensive treatment programming to offenders supplements
this EM program. Newfoundland compared 54 EM cases with 17 probationers
who also attended the LRP program but did not have an EM condition.
Evaluation shows that the EM program is targeting moderate-risk offenders
with only 12.5% of the EM participants falling into a low-risk
classification. An independent evaluation of the LRP suggested that this
program provides treatment that is likely to reduce recidivism and the EM
program success rate is stated as 87%.
In summary, the outcomes of these programs are generally positive. These
programs appear, on the whole, to be targeting Medium-risk offenders and
maintaining them in the community. These programs are reported to be of
considerable benefit to the offender, enhancing their ability to maintain
family and community ties. There are some concerns surrounding the
assessment of risk and whether EM contributes to a safer society beyond
that of ordinary community supervision. These issues will be addressed in
a forthcoming study by the Solicitor General Canada that will evaluate
all data available to date and should provide more definitive conclusions
based upon longer follow-up times.
Evaluation of Manitoba Restorative Resolutions Program
Two evaluation reports have been created on The Restorative
Resolutions Project of the John Howard Society of Manitoba. The first
evaluation, dated June 1995, reported on a total of 155 referrals to the
program. Of these, 67 cases were accepted into the program and program
plans were developed for 56 individuals. Thirty-nine of these plans were
presented at court, of these, 18 were accepted as presented, 13 were
accepted with modifications, and 8 were rejected. With these numbers in
mind, it is important to remember that to be accepted into Restorative
Resolutions the offender must be facing a minimum incarceration of ten
months, must have pled guilty to the offense, and must possess the
necessary motivation to complete a restorative community based sentence.
The second report on The Restorative Resolutions Project, Phase 2
Evaluation, created in June 1996, reported on 190 referrals to the
program, of which, 114 were accepted. Of these 114, program plans were
developed for 89 individuals and of these, 77 plans were accepted by the
court. Almost all of the case plans involved counseling but there were
only 11 face-to-face meetings between offender and victim. The Phase 2
Evaluation reported moderate success in managing medium risk
offenders with a one-year success in supervision rate of 85.4% compared
to a success rate of 72.3% for a similar group of probationers. This
evaluation also reported a decrease in offender needs scores for
participants, indicating that Restorative Resolutions Program Plans were
addressing offender needs.
Literature Review of Adult Diversion Programs
The Solicitor General Canada released a literature review of diversion
programs in December 1997. This report looked at the effectiveness of
adult offender diversion programs. The review selected studies that had
an evaluative component, the diversion had to be programmatic, and had to
target adult offenders. While there is little evaluation literature on
adult diversion programs the review highlighted a number of findings:
-
Diversion programs must target those who are truly at risk of becoming
more involved in the criminal justice system. Otherwise, net widening
will occur.
-
Formal pre-charge diversion programs at the police level have been
associated with increased system penetration.
-
Expectations about the impact of diversion programs on corrections need
to be realistic. Unless criteria for diversion programs are adjusted to
include moderate risk offenders, impacts will be minimal.
-
A few programs, which carefully selected higher risk groups for
enhanced community-based services, suggest that adult diversion
programs can successfully divert offenders from prison.
Integrated Justice Information Network
The federal government is working to create a network of information
systems in the justice field that will be capable of collecting, storing,
fully sharing, and exchanging critical information in a timely manner
among justice agencies of all jurisdictions. While this is a long-term
project, this project will first concentrate on optimizing information
exchange among federal criminal justice partners.
The federal Ministry of the Solicitor General has created a Steering
Committee on Integrated Justice Information to promote the coordination
of information management and system development efforts within the
federal government. The Steering Committee, with representation from the
Department of the Solicitor General Canada, RCMP, Correctional Services
Canada, the National Parole Board, the Department of Justice, the
Canadian Centre for Justice Statistics, and the Treasury Board
Secretariat is directing the creation of a strategic action plan to
further the goals of the Committee.
The Integrated Justice Information Directorate was specifically
created in March 1998 to support this Committee. It chairs an
Interdepartmental Working Group of officials responsible for major
information initiatives in Justice and Ministry Agencies to spearhead the
quest for integrated justice information. The overall vision is for a law
enforcement and criminal justice environment which enhances public safety
by enabling and facilitating the sharing of requisite information between
Federal Agencies, Provincial and Territorial justice partners, such that:
-
the information necessary for agency decision-making is available at
the right time, in the right place, and in the right form,
-
information is captured once, digitally, as close to the source as
possible, and is re-used and enriched during the business process,
-
initial priority is directed to the agencies of the federal Ministry of
the Solicitor General, with subsequent expansion to other partners at
the earliest possible opportunity.
Aboriginal Policing Initiatives
As of August 1998 the Solicitor General Canada, through the First Nations
Policing Program (FNPP), provides funding to 111 tripartite agreements
for First Nations policing services. Across Canada, this provides
policing coverage for approximately 60% of the on-reserve population. In
total, a population of approximately 210,000 is served under this policy,
covering 290 communities with 715 fully trained First Nations police
officers.
The existence of a permanent First Nations policing infrastructure
provides a strong foundation for the development of enduring crime
prevention and community justice initiatives in First Nations
communities. First Nations police services are in a position to involve
other community stakeholders. They have expressed a high level of
interest in crime prevention and community justice initiatives and,
currently, offer a wide variety of programs for youth and adults.
Under the broad scope of "crime prevention", the Solicitor
General Canada published in March 1998, Crime Prevention in First
Nation Communities: An inventory of Policing Initiatives by First
Nations police services. In June 1998, the Solicitor General also held,
with the collaboration of the First Nations Chiefs of Police Association,
a national conference entitled "Strengthening Our Communities:
Aboriginal Crime Prevention Conference '98", where several
examples of community justice programs were presented and discussed. One
of these is the Dena Keh Community Justice program in the Yukon,
which includes in its holistic approach diversion and family group
conferencing.
Aboriginal Community Corrections Initiative
Cabinet approved the Aboriginal Community Corrections Initiative (ACCI)
in April 1996. The objective of the ACCI is to develop timely and
appropriate policy relating to the treatment of adult Aboriginal
offenders in communities that are developing community-based healing and
restorative environments.
Consultations with Aboriginal people, provincial/territorial governments,
and other key partners will take place leading to the testing and
evaluation of selected pilot projects. The Department will also work
closely with the Ministry's corrections agencies to ensure their
participation in the negotiation of any self-government agreement that
includes a correctional component.
As part of the ACCI the National Parole Board will test and evaluate
innovative models of parole decision-making that are more appropriate to
Aboriginal offenders.
Policy development activities include:
-
Development and enhancement of external co-ordination and liaison
-
Organization of an Aboriginal corrections co-ordinating committee
-
Development of evaluation frameworks for the initiative
-
Development of Aboriginal release decision-making models by the NPB
-
Information development and dissemination, and
-
Support for and evaluation of innovative community corrections projects
A Co-ordinating Committee has been established to provide strategic
advice and general direction to the Aboriginal Community Corrections
Initiative and other Ministry Aboriginal corrections activities.
Membership on the Committee includes representatives from the Department
of the Solicitor General Canada, the National Parole Board (NPB), the
RCMP, the Aboriginal Policing Directorate, and the Department of the
Solicitor General Canada's communications group.
Over the past year, the Department has undertaken a number of activities
to advance knowledge and understanding of corrections to Aboriginal
people. These activities have included:
-
continuing the publication and distribution of reports as part of the
Aboriginal Peoples Collection, including The Four Circles of Hollow
Water, and Developing & Evaluating Justice Projects in
Aboriginal Communities: A Review of the Literature. Copies are also
available on the Solicitor General's web site on the Internet.
-
supporting conferences and symposia with a corrections and healing
focus, including: the Sahtu Dene Justice Conference (Inuvik), Treaty #7
Justice Conference (Calgary), Native Men's Wellness Conference
(Toronto), Pauktuutit Annual Conference (NWT), and the Nunavut Justice
Conference.
-
supporting the production and distribution of film and video products
relating to Aboriginal healing and corrections, including: the
"Nitinaht Chronicles", a NFB production on healing
in a B.C. First Nation, and "Within the Walls" that
documented the views of Aboriginal inmates at William Head institution.
-
holding a focused consultation with Aboriginal community
representatives that explored options and opportunities to improve
corrections for urban Aboriginal offenders.
-
providing information and advice to federal negotiators and Aboriginal
people wishing to explore possible correctional strategies under the
Inherent Right Policy.
-
contributing to a year-long research project with the Federation of
Saskatchewan Indian Nations to examine correctional needs and
priorities in First Nations communities. A major element of this
project was information sharing with First Nations and Tribal Councils.
Over the past year, the Department has also taken a number of steps to
support Aboriginal communities to develop the capacity to work with
offenders in a healing and restorative environment. These activities
included:
-
contributing to the development of a secure domain on the Internet
(created by Waseskun House, Montreal) that will provide advice to
front-line workers in Aboriginal communities, promote best practices,
and offer support to the development of community corrections
initiatives.
-
contributing to the development of corrections-based scripts for use in
the Aboriginal Alternative Dispute Resolution Certificate Program
offered by the Native Counselling Services of Alberta and accredited by
York University.
-
producing and distributing three technical manuals specifically
designed to support the creation of healing processes in Aboriginal
communities with a focus on sexual abuse. These manuals will be part of
the CD-ROM package "Healing" (see Annex B).
-
contributing to a community development process in Regina, under the
leadership of the Regina Aboriginal Services Co-op (RAHSC), to develop
a strategy based on healing principles for offenders and victims of
crime.
-
Elder-assisted parole hearings, first implemented in the Prairie
Region, ensure that conditional release hearings are sensitive to the
cultural values and traditions of Aboriginal offenders and have now
been implemented in the Pacific Region.
-
Other culturally sensitive approaches to release decision-making,
including the use of "hearing circles" in communities are
being investigated in the Prairie Region.
Correctional Service Canada
Highlights
-
The Collaborative Sentencing Planning by Community Justice Initiatives
program will target suitable otherwise prison bound offenders for
participation in community based sentencing that takes into account the
needs of victims, offenders, and community members.
-
Correctional Services Canada has established the position of
Reintegration Manager in all institutions and District offices.
-
Correctional Services Canada launched 'Operation Bypass' to promote a
streamlined and back-to-basics approach for reintegration.
-
CSC is strengthening the requirements that offender treatment programs
be of high quality and provide monitoring and measurement of offender
change related to reduction of risk.
-
CSC is working to promote the participation of Aboriginal communities
in custody release planning and supervision in ways that respect
Aboriginal healing and restorative traditions.
Recommendation 1: Endorse a shared statement of principles for
the criminal justice system.
The 1997/98 Corporate Objectives of Correctional Services Canada reflect
the commitments stated in its Mission Statement in accordance with the
Corrections and Conditional Release Act and the guiding principles
identified in the Corrections Population Growth report. These objectives
include providing timely release, strategies to address the problems
facing aboriginal offenders, and ensuring a safe environment for staff,
offenders and the public.
Recommendation 2: Make greater use of diversion programs and
other alternative measures.
The report entitled " Satisfying Justice-Safe community options that
attempt to repair harm from crime and reduce the use or length of
imprisonment" has been distributed widely within CSC and to the
community at large.
CSC worked closely with the National Crime Prevention Center to review
and promote community based restorative initiatives.
CSC and other government funders supported the development of a
groundbreaking program on Collaborative Sentencing Planning by Community
Justice Initiatives. This program will target suitable otherwise prison
bound offenders for participation in a community based sentencing plan
that takes into account the needs of victims, offenders, and community
members. Negotiations are ongoing to identify funding partners in order
to pilot fully the project at Abbotsford or Langley BC. CSC supported the
Dispute Resolution Centre of Ottawa-Carleton in its ongoing meditation
work at the pre-sentence level.
Recommendation 3: De-incarcerate low-risk offenders.
In June 1997, following the recommendations of the Reintegration Task
Force, Correctional Services Canada established the position of
Reintegration Manager in all institutions and District offices.
Reintegration Managers are responsible for monitoring case management and
offender process-quality within the institution/district as well as
liaison with the National Parole Board. Their mandate is to ensure that
offender reintegration potential is addressed effectively.
The Reintegration Task Force also recommended interim caseload ratios for
parole officers to offenders. In light of these recommendations,
Correctional Services Canada has introduced the standard of 1 parole
officer to 25 offenders within institutions. CSC is committed to
providing a continuous learning environment to ensure that new recruits
and existing employees have the tools and knowledge necessary to support
effective corrections.
Other changes flowing from the Task Force include the development and
monitoring of performance indicators related to the smooth and efficient
processing of offender cases, especially those posing low risk to the
community.
Correctional Services Canada launched 'Operation Bypass' to promote a
streamlined and back-to-basics approach for reintegration. This will
speed up case management activities and focus staff and program resources
on intervention with offenders to manage or increase reintegration
potential.
These initiatives are an integral part of the Corporate Objective to
substantially increase the number of offenders safely and effectively
reintegrated at or soon after eligibility.
Recommendation 5: Make wider use of risk prediction/assessment
techniques in criminal justice decision making.
Through its Program Accreditation process and internal policy,
implemented in the spring of 1998, CSC is strengthening the requirements
that offender treatment programs be of high quality and provide
monitoring and measurement of offender change related to reduction of
risk. Conditional release decision-makers need adequate and high quality
information from treatment providers on which to base their decisions.
CSC has recently recalibrated an objective tool (Custody Rating Scale),
for use in the initial security classification of offenders. CSC is
currently in the midst of reviewing instrumentation used during initial
assessment to analyze the criminogenic needs of offenders, field testing
a new security reclassification tool, and recalibrating the Statistical
Information on Recidivism Scale. Such instruments assist in making
decisions, provide useful input towards the development of correctional
plans, and to help manage offender risk, and realize reintegration
potential.
Recommendation 6: Increase the use of restorative justice and
mediation approaches.
The CSC Corporate Objective on reintegration now highlights a new action
related to the use of Restorative approaches. (March 1998). CSC is a
member of a federal/provincial working group on Restorative Justice. (May
1998). CSC and the Saskatchewan government co-published a Resource List
on Restorative Justice initiatives in Canada (September 1997), which has
been widely distributed. CSC will update this resource list during the
summer of 1998.
CSC has partnered with other government funders to support a variety of
community based Restorative Justice initiatives including John Howard
Society of Manitoba's Restorative Parole project and Community Justice
Initiatives' Victim-Offender Mediation Program in Winnipeg. CSC supported
Regional follow-up events to the National Symposium on Restorative
Justice, in four provinces (with another planned), organized a closing
plenary on Restorative Justice for the Canadian Criminal Justice
Association Congress, and assisted with the creation of video resources
as a follow-up to the Symposium. CSC is participating in federal
government initiatives that promote Alternative Dispute Resolution
processes including Shared Mediators program and the Dispute Resolution
Network.
CSC has been involved in increasing support for meaningful involvement of
victims including Advisory Councils and funding of victim-offender
mediation and establishment of a Victims Advisory Council in the Pacific
Region. This council set up by the National Parole Board and CSC seeks to
learn from, and share information with representatives from Victims
Groups, and to educate them with respect to effective corrections
including restorative approaches.
CSC has supported the development of pilot initiatives in operational
settings to explore Restorative programs, such as: Sentencing Circles in
response to institutional offences, releasing circles as part of offender
preparation for parole, victim empathy programs, informal grievance
resolution, community panels to review parole suspension cases,
Restorative Parole case planning and Circles of Support for sex offenders
(both during and after their sentence).
Recommendation 8: Better share information and technologies
within the system.
NFLD, PEI, N.B., and B.C. ( Burnaby Correctional Centre for Women) have
access to our offender-based information system where this relates to
federal offenders.
At this early stage of the partnership a few changes to the long term
Offender Management System (electronic case file) will be required to
enable it to handle the requirements of the New Brunswick offenders being
admitted to federal penitentiaries.
CSC has recently received a Windows version of the Canadian
Police Information Center (CPIC) data-base assess system and it is still
being tested to make sure it will work effectively on the CSC network.
Recommendation 9: Better inform the public about criminal
justice dynamics and issues.
CSC provided leadership with other criminal justice partners to support
the Atlantic Coordinating Committee on Crime Prevention and Community
Safety, the Church Council on Justice and Corrections, YouCAN and the
Dispute Resolution Network for the sponsorship of conferences and
projects to educate the public about Restorative approaches.
CSC has developed education tools and materials on Restorative Justice
and has initiated training of CSC staff in mediation and Restorative
Justice approaches.
Recommendation 10: To test innovative, traditional methods
based on restoration and healing through Aboriginal justice and
corrections pilot projects.
CSC is conducting developmental work on arrangements under section 81 and
section 84 of the CCRA to promote the participation of Aboriginal
communities in custody release planning and supervision in ways that
respect Aboriginal healing and restorative traditions.
Correctional Services Canada completed the construction of two healing
lodges in Saskatchewan. The Samson Cree Healing Facility was opened in
April 1997 and the Prince Albert Grande Council Spiritual Healing Centre
was opened in September 1997. Both facilities are in full operation and
have been meeting the needs of Aboriginal Offenders.
The Federation of Saskatchewan Indian Nations (FSIN) has completed its
correctional report, which was submitted to the federal and provincial
governments. The report covers a wide range of correctional and justice
issues and made many recommendations as to how FSIN could assist in the
facilitation of new justice initiatives. Currently the Correctional
Service of Canada and the Secretariat are in discussions with FSIN on how
best to proceed based on the report findings.
Aboriginal Community Reintegration Projects:
The Correctional Service of Canada had discussions with a number of
aboriginal organizations that have expressed a strong interest in
assisting in the section 84 process. Aboriginal organizations, through a
process referred to as "releasing circles", assist case
management and district parole offices in the development of section 84
offenders release planning and supervision. These service delivery
organizations would develop protocols and contacts with those communities
wishing to have an offender returned to their communities and to their
responsibility. The organizations would be involved in all conditional
releases of those aboriginal offenders planning to return to their home
communities.
Six Nations Community Custody Agreement, Ontario
This agreement would be the first of its kind in corrections, and would
require no initial funding from CSC. Six Nations has been in discussion
with CSC in the development of a General Aboriginal Community Custody
Agreement. This agreement would establish a correctional protocol and
provide the community with the legal authority (under agreement) to
provide safe and effective custody to aboriginal offenders from the Six
Nations community. This agreement does not contemplate a facility based
custody initiative; rather offenders would be released to a private
family home and be supervised by designated community members. All
offender transfers would be achieved on a case-by-case basis and be
approved by a joint community/CSC selection committee. The agreement also
contemplates the utilization of section 84, which establishes a formal
relationship for the provision of community correctional authority.
West Region Tribal Council ( WRTC ), Manitoba
West Region Tribal Council intends to establish a rural-based Spiritual
Healing lodge near Dauphin, Manitoba. The Spiritual Lodge will approach
corrections from a holistic viewpoint, through spiritual support,
continuity of learning from within a good healthful and holistic
structure and will incorporate family involvement. WRTC and its residents
will strive toward personal self-sufficiency with an ultimate goal to
promote the development of inner strength, realization of potential, and
an ever-awakening relationship with the Creator.
To date, discussions have contemplated the development of a 20 bed
spiritual healing centre for Aboriginal offenders to be built on the
Crane River (Ochi-Chak-O-Sipi) First Nation. The discussions include
establishing financial commitment from other partners including Human
Resource Development Canada, Indian and Northern Affairs, Health Canada,
and the province of Manitoba.
Beardy's and Okemasis First Nation
Beardy's and Okemasis First Nation is proposing to enter into a
twenty-five year agreement with CSC, to develop and operate a Healing and
Reintegration facility, located on land purchased by the Band near the
community. Beardy's and Okemasis First Nation is proposing that this
facility be built in 4 phases. The first phase would see the development
of a six-bed facility, using existing structures, to open in 1998, with a
six-bed housing unit added each year to a maximum of 24 beds.
The facility will serve as a demonstration project between the Government
of Canada and a First Nations Community, with the aim of developing and
administering culturally appropriate and improved correctional programs
for First Nations and aboriginal people at the community level. It will
demonstrate CSC's commitment to Aboriginal programming and towards
community based justice initiatives, justice conceived and designed by a
First Nations Government.
The primary goal of the facility is to provide a safe environment which
is conducive to healing where committed First Nations and Aboriginal men
can address the issues which have brought them into conflict with the
law. The lodge will assist men in their preparation for successful
reintegration into their communities with the support of their families
and extended families.
Recommendation 11: To work more co-operatively on programs and
services through Federal/Provincial/Territorial pilot
projects.
Canada/New Brunswick Initiative
The federal and provincial Solicitors General signed a Memorandum of
Understanding (MOU) and an Exchange of Services Agreement (ESA) on April
15th, 1998, both of which are intended to strengthen the
delivery of correctional services in the province and improve public
safety.
The MOU is a commitment made by both governments to continue to
strengthen public safety by combining the contributions of the federal
and provincial correctional systems. The central piece of this initiative
will be realized through an Exchange of Services Agreement (ESA). A
number of other initiatives will be explored including joint training and
professional development of correctional staff; better sharing of
information and co-ordination with regard to offender programs, and
technology improvements between systems to improve communication among
all components of the criminal justice system.
Under the ESA, higher risk provincial offenders will be transferred to
federal institutions in New Brunswick where they will be able to access
various programs that are currently unavailable in the province. Savings
realized by the province under this transfer arrangement will be invested
to strengthen the community infrastructure and all community -based
programs will be accessible to both federal and provincial offenders on
release. Due to the uniqueness of this initiative an evaluation to
determine its success and effectiveness will be completed prior to
entering into any other similar agreements.
Justice Canada
Highlights
-
The federal Department of Justice has established a formal alternative
measures policy to guide the exercise of discretion by Crown counsel
not to prosecute an offender.
-
A new sentencing option, the conditional sentence of imprisonment, was
implemented in September 1996. During the period September 3, 1996 to
April 30, 1998, there were 22,687 conditional sentences of imprisonment
imposed across Canada.
-
New sentencing legislation provides for a fine regime that is designed
to reduce the use of incarceration for fine default.
-
The Department of Justice provided financial support to Triune Arts of
Toronto for the production of a two-part video,
Resolving Conflict Creatively between Victims and
Offenders.
-
Justice Canada has established the Aboriginal Justice Strategy to help
build the foundation of justice systems administered by Aboriginal
people.
Recommendation 2: Make greater use of diversion programs and
other alternative measures.
The comprehensive sentencing reform legislation that came into effect on
September 3, 1996 contained the first Parliamentary statement of the
purposes and principles of sentencing, which includes and encourages the
use of alternative sanctions to imprisonment when reasonable and
appropriate in the circumstances of offenders. Our sentencing law now
allows provinces to establish alternative measures or diversion programs
for adults, which are governed by provisions that are very similar to
those that have been in effect under the Young Offenders Act. Referrals
to such programs may be made either before or after the laying of a
charge, but before a court appearance. Some of the alternative measures
used under these provisions include restitution agreements, the
performance of personal or community service work, mediation, dispute
resolution programs, or referral to specialized programs such as
counseling and treatment. At this time, the provinces of British
Columbia, Alberta, Saskatchewan, Nova Scotia, New Brunswick and PEI have
adopted formal alternative measures programs as prescribed under the
provisions of the new sentencing law.
The federal Department of Justice has established a formal alternative
measures policy to guide the exercise of discretion by Crown counsel not
to prosecute an offender. The Department is negotiating agreements with
individual provinces to refer adult offenders who are subject to federal
policy to provincial alternative measures programs.
Recommendation 3: De-incarcerate low-risk offenders.
Prior to the adoption of new sentencing law, it was estimated that up to
25% of offenders were admitted to provincial prisons for failure to pay
fines. New sentencing legislation provides for a fine regime that is
designed to reduce the use of incarceration for default of payment of
fines. Now, judges must inquire into an offender's ability to pay before
ordering a fine. Also, rather than incarceration as a penalty,
governments are now authorized to refuse to issue or renew licenses or
permits to offenders whose fines are in default and to enter the fine
order as a civil judgment. Since coming into effect, there are
indications that the new fine provisions have had a significant impact in
reducing admissions to provincial correctional facilities for failure to
pay fines.
New legislation has provided an important new sentencing option, the
conditional sentence of imprisonment. Where a court imposes a sentence of
less than two years the court may order that the offender serve the
sentence in the community subject to compliance with conditions. The
court must be satisfied that serving the sentence in the community would
not endanger public safety and would be consistent with the fundamental
purpose and principles of sentencing as now set out in the Criminal Code.
Failure to comply with conditions may result in the offender being
ordered to serve the balance of the sentence in custody.
During the period September 3, 1996 to April 30, 1998, there were 22,687
conditional sentences of imprisonment imposed across Canada. Most
conditional sentences imposed during this period were for non-violent
offences involving property, driving, drug, and administration of justice
offenses. Where conditional sentences have been ordered in cases
involving violence, most involve simple assault.
Recommendation 6: Increase the use of restorative justice and
mediation approaches.
Co-ordinated by Justice Canada, an interjurisdictional
subcommittee on restorative justice has been formed arising out of the
implementation of various aspects of new sentencing legislation. This
subcommittee was formed in recognition of the need to share information
and exchange ideas on this emerging justice priority. A
Federal/Provincial /Territorial workshop will be held by the subcommittee
this fall. Justice Canada and other federal partners have supported the
development of specific restorative justice projects. These include, the
Community Justice Initiatives of Abbotsford, B.C. that is seeking to
adopt a collaborative sentencing planning program aimed at providing
appropriate alternatives for offenders who might otherwise be directed to
serve time in prison.
The Department of Justice is participating in supporting the Church
Council on Justice and Corrections in undertaking a restorative justice
event to take place in Moncton, N.B. on September 16-17, 1998. This
Community Education/Action Forum entitled, "The
Community Forum on Healing Justice", is
designed to portray the realities of the justice and correctional
systems. It reveals the various pitfalls and conflicts that prevent the
attainment of a level of justice that satisfies the needs of victims,
offenders, and communities. This initiative seeks to engage community
members and the media into considering practices and responses that
support the goals of restorative justice.
Other restorative justice initiatives involving the Department of Justice
include the secondment of an employee to the Ottawa-Carleton Crown
Attorney's office to support the development of community justice
committees and collaborative arrangements involving victims, offenders,
and communities. These committees seek to utilize non-carceral options
for many cases, including complex criminal cases.
As well, the Department provided financial support to Triune Arts of
Toronto for the production of a two part video,
Resolving Conflict Creatively between Victims and
Offenders, which draws upon the experiences of professionals working
in the justice system in Canada and portrays the application of
restorative justice principles and practices with a focus on the
conditions and circumstances of victims and offenders alike.
Recommendation 10: To test innovative, traditional methods
based on restoration and healing through Aboriginal justice and
corrections pilot projects.
Justice Canada has established the Aboriginal Justice Strategy to help
build the foundation of justice systems administered by Aboriginal
people. In partnership with communities, and with provincial and
territorial governments, the federal government shares the costs of
setting up Aboriginal justice programs. The funding is available for
diversion programs, programs allowing for greater community participation
in sentencing, mediation and arbitration in civil disputes, and justice
of the peace courts.
The strategy has three objectives: 1. to support Aboriginal communities
in taking greater responsibility for the administration of justice; 2. to
help reduce crime and incarceration rates in the communities that run
justice programs; 3. to foster improvements in the justice system that
respond to the needs and aspirations of Aboriginal people.
The strategy is in partnership with Aboriginal communities and
governments. Federally, it involves the Department of Justice along with
the Department of Indian and Northern Development, the Ministry of the
Solicitor General, the Privy Council Office and other federal departments
and agencies.
Forty-six agreements have been implemented under the program. Nine of the
agreements are off-reserve and an additional 19 agreements are under
negotiation.
Canadian Centre for Justice Statistics
Highlights
-
The CCJS prepares annual and special topic reports on various
justice-related topics, including crime, policing, courts, and
corrections. This information is released to the public, primarily
through media stories.
-
The Information and Client Services unit within the CCJS takes a
primary role in ensuring that important and newsworthy messages are
being clearly communicated to the media. Media planning sheets are
prepared for most releases to ensure that CCJS information officers are
able to communicate the important messages of each release effectively.
For all major releases, these planning sheets are forwarded to Liaison
Officers in each jurisdiction to ensure that the central messages are
also clearly understood by those in the Initiative who are
communicating with the media. Questions and Answers are sometimes
prepared and distributed in advance for the more complex or
controversial releases.
-
Media analysis reports are prepared for some major releases, to analyze
the media coverage in order to see if the primary messages have been
understood and communicated correctly. Lessons learned through this
process are applied to future releases. The Information and Client
Services unit also scans the print media daily to ensure that CCJS
statistics and analyses are being accurately portrayed. Where important
issues are being misrepresented, the media outlet is contacted and
sometimes requested to print clarifications.
Recommendation 8: Better share information and technologies
within the system.
The mandate of CCJS is to provide information to the justice community
and the public on the nature and extent of crime and the administration
of criminal justice in Canada. This is accomplished through a number of
formal committees, such as: the Justice Information Council (JIC),
comprised of Deputy Ministers responsible for justice and the Chief
Statistician; the Liaison Officers' Committee (LOC), comprised of senior
jurisdictional officials; and, sector-specific advisory groups, such as
the Heads of Corrections, the Association of Canadian Court
Administrators (ACCA), and the Police Information and Statistics (POLIS)
Committee of the Canadian Association of Chiefs of Police (CACP).
In order to better inform the justice community and the public, the CCJS
offers a wide range of statistical products and services, including
formal publications, customized data tables, pre-packaged data sets and
applications, and special studies on high priority topics (see Annex B
for a list of selected reports available).
The CCJS has undertaken the following initiatives to ensure better
information sharing and technologies within the system:
Technical Workshops in Support of Information-Sharing
Solicitor General Canada and the CCJS are co-sponsoring a series of
technical workshops in support of information management and information
sharing. In total, five workshops are planned over the course of 1998-99
and 1999-2000 - four regional workshops followed by a national workshop.
Issues to be addressed include: criminal justice indicators, standard
offence tables, criminal history files and tracking, standard software,
and telecommunications strategies.
Moving to Electronic Products
The CCJS is moving towards making an increasing number of products
available in electronic format. This provides the opportunity to reach a
broader audience, with an increased amount of information in a shorter
time period.
Correctional Services Program Projects
In addition, the Correctional Services Program of the CCJS is currently
working on a number of specific projects to provide information to the
justice community. The following highlights the status of each project:
1. One-Day Snapshot
The CCJS has completed data collection for a "snapshot" of all
adult inmates who were on-register in federal and provincial/territorial
adult correctional facilities at midnight on Saturday, October
5th, 1996. A Juristat has been released, and the
final report will be completed by October 1998. Some of the highlights
include:
-
On October 5th, 1996, there were over 37,000 inmates
on-register in 151 provincial/territorial and 48 federal facilities in
Canada. This represents a rate of 17 inmates per 10,000 adult
population in Canada.
-
The majority of federal inmates (63%) were in medium security
facilities, while the majority of provincial/territorial inmates were
either in multi-level (40%) or maximum security (39%) facilities.
This difference may be due to the fact that remand inmates,
who are being held temporarily, are usually housed in maximum or
multi-level security facilities.
-
Almost two-thirds (63%) of provincial/territorial inmates were
sentenced inmates. A further one-quarter were on remand, and 10% were
serving intermittent sentences.
-
Those between 20 and 39 years of age were over-represented in adult
custodial populations.
-
While Aboriginal persons account for approximately 2% of the adult
population in Canada, they accounted for 14% of the federal inmates
and 18% of the provincial/ territorial inmates in adult facilities.
These differences were particularly evident in western Canada.
-
Inmates had fewer years of education, were more likely to be
unemployed at time of admission, and were less likely to be married,
compared to the adult population of Canada.
-
Most provincial/territorial sentenced inmates had prior criminal
histories. The majority had at least one previous adult conviction
(83%) and approximately three-quarters (72%) had a prior term of
provincial/territorial incarceration.
![Crimes Against the Person](/web/20061026014654im_/http://ww2.psepc-sppcc.gc.ca/_images/english/corrections/corr_pop_growth98_graph4_e.gif)
-
Almost three-quarters (73%) of federal inmates were currently
incarcerated for a crime against the person, in particular homicide,
attempted murder, and robbery. The proportion of
provincial/territorial inmates with crimes against the person ranged
from 25% in Prince Edward Island to 55% in the Northwest Territories.
-
Almost one-half (45%) of sentenced provincial/territorial inmates were
serving terms of less than six months, while one-half (50%) of federal
inmates were serving terms of less than six years.
-
For the 7 jurisdictions that reported data1, nearly 5 in 10 of the
provincial/territorial sentenced inmates were classified as high-risk
to re-offend.
1 Data were available for Newfoundland, Prince Edward Island, Nova
Scotia, New Brunswick, Manitoba, Yukon, and the Northwest Territories.
2. Temporary Absence/Electronic Monitoring
The Temporary Absence/Electronic Monitoring (TA/EM) project involved the
production of descriptive information about the organization and
operation of TA/EM programs across Canada. The descriptive report was
completed in November, 1997 (Moyer and Associates). The CCJS is currently
examining the feasibility of collecting more indepth temporary absence
data as part of the Adult Correctional Services (ACS) survey.
3. Conditional Sentencing
The CCJS is examining the feasibility of collecting information on
conditional sentencing in the Adult Correctional Services (ACS) survey.
4. Recidivism Project
The CCJS completed a comprehensive review of Canadian and international
literature on recidivism in January 1997 (McWhinnie & Andrews). The
CCJS has begun a retrospective recidivism study based on correctional
information systems. The study involves collecting data from a number of
jurisdictions on adults and young offenders released from custody or
after serving a term of probation. The study will identify offenders
released during one year (fiscal year 1992-93) and examine re-convictions
for a 5-year period (until March 31st, 1997). Phase I involves
collecting recidivism data on offenders released in the "home
jurisdiction". Phase II involves collecting data on offenders
released in other jurisdictions.
Currently, 9 jurisdictions and CSC are able to provide data (Nfld, PEI,
NS, Quebec, Ontario, Manitoba, Saskatchewan, Alberta, BC). The final
report and Juristat are expected by September, 1999. In
addition, a federal-provincial/territorial committee will be examining
how to collect recidivism data in the future.
5. Alternative Measures
An Alternative Measures (AM) special study began in 1997 to examine the
feasibility of re-starting a national AM survey for youth and adults. The
term AM refers to formally authorized programs that may be offered
pre-charge, post-charge, or both. A report that provides descriptive
information on the organization, procedures, and policies of adult and
youth AM programs across Canada was completed in 1998.
During 1998-99, a set of National Data Requirements and a survey form for
youth and adults will be finalized; a data collection strategy for youth
AM will be developed; a pilot survey to collect 1997-98 youth data will
be implemented; and a prototype youth AM report will be developed. It is
expected that the final report on youth AM will be released in May 1999.
It was decided that it was too early to proceed with an adult AM survey
at this time.
VII. ANNEX A
International Comparisons
Number of Inmates Per 100,000 Total Population, 1996-97
![Number of Inmates Per 100,000 Total Population, 1996-97](/web/20061026014654im_/http://ww2.psepc-sppcc.gc.ca/_images/english/corrections/corr_pop_growth98_graph5_e.gif)
Notes:
-
United States, estimate from U. S. Bureau of Justice Statistics
-
Canadian estimate based upon incomplete reporting of juvenile offenders,
estimates provided by Canadian Centre for Justice Statistics
-
European statistics based upon Council of Europe, Table 1. Situation of
prisons at 1 September 1996
![Twenty Year Trend in Federal Custody](/web/20061026014654im_/http://ww2.psepc-sppcc.gc.ca/_images/english/corrections/corr_pop_growth98_graph6_e.gif)
Summary Table 1.
Total Federal and Provincial/Territorial Adult Operational
1990-91 to 1996-97
Year |
Federal |
Provincial/
Territorial |
Total |
|
|
|
|
1990-91 |
862 |
938 |
1,800 |
1991-92 |
876 |
1,009 |
1,885 |
1992-93 |
859 |
1,021 |
1,880 |
1993-94 |
882 |
997 |
1,879 |
1994-95 |
913 |
980 |
1,894 |
1995-96 |
949 |
970 |
1,919 |
1996-97 |
970 |
998 |
1,969 |
|
|
|
|
Percent Change(1) 1990-91 to 1996-97 |
12.5 |
6.4 |
9.4 |
(1) Percent change is based on unrounded figures.
Source: Canadian Centre for Justice Statistics, Adult Correctional Services Survey.
Summary Table 2. Average
Offender Caseload in Canadian Corrections, 1990-91 to
1996-97
Average actual caseload |
Year |
Provincial/ Territorial |
Federal |
Total |
|
|
|
|
|
Custodial(1) |
1990-91 |
17,944 |
11,289 |
29,233 |
|
1991-92 |
18,940 |
11,783 |
30,723 |
|
1992-93 |
19,367 |
12,342 |
31,709 |
|
1993-94 |
19,481 |
13,322 |
32,803 |
|
1994-95 |
19,811 |
13,948 |
33,759 |
|
1995-96 |
19,730 |
14,055 |
33,785 |
|
1996-97 |
20,023 |
14,143 |
34,166 |
|
|
|
|
|
Non-custodial(2) |
1990-91 |
84,635 |
9,406 |
94,041 |
|
1991-92 |
95,970 |
9,707 |
105,677 |
|
1992-93 |
103,579 |
9,914 |
113,493 |
|
1993-94 |
106,262 |
9,967 |
116,229 |
|
1994-95 |
104,631 |
9,422 |
114,053 |
|
1995-96 |
105,130 |
9,292 |
114,422 |
|
1996-97* |
102,366 |
9,195 |
111,561 |
|
|
|
|
|
Total |
1990-91 |
102,579 |
20,695 |
123,274 |
|
1991-92 |
114,910 |
21,490 |
136,400 |
|
1992-93 |
122,946 |
22,256 |
145,202 |
|
1993-94 |
125,743 |
23,289 |
149,032 |
|
1994-95 |
124,442 |
23,370 |
147,812 |
|
1995-96 |
124,860 |
23,347 |
148,207 |
|
1996-97* |
122,389 |
23,338 |
145,727 |
|
|
|
|
|
Percent Change 1990-91 to 1996-97 |
Custodial |
11.6 |
25.3 |
16.9 |
|
Non-custodial(3) |
24.8 |
-2.2 |
18.6 |
|
|
|
|
|
|
Total(3) |
22.5 |
12.8 |
18.2 |
(1) Refers to average actual count. Excludes inmates temporarily not in custody at the time of the count.
(2) Figures for the provincial/territorial non-custodial population include probation and parole. Figures for the federal non-custodial population include full parole, day parole, and statutory release.
(3) Excludes Nova Scotia for 1990-91 and 1996-97.
* Excludes Nova Scotia.
Source: Canadian Centre for Justice Statistics, Adult Correctional
Services Survey.
![Average daily number of provincial/territorial and federal offenders in custody or under supervision in the community, 1987-88 to 1996-97](/web/20061026014654im_/http://ww2.psepc-sppcc.gc.ca/_images/english/corrections/corr_pop_growth98_graph7_e.gif)
Source: Canadian Centre for Justice Statistics, Juristat,
Cat. 85-002-XPE, Vol. 18 no. 3.
AVERAGE INMATE COUNT 1985 - 1996
Source: Canadian Centre for Justice Statistics, Juristat,
Cat. 85-002-XPE, Vol. 18 no. 3.
Summary Table 3.
Total Admissions to Canadian Corrections(1), 1990-91 to
1996-97
Types of
Admissions |
Year |
Provincial/
Territorial |
Federal |
Total |
|
|
|
|
|
Custodial |
1990-91 |
207,946 |
4,646 |
212,592 |
|
1991-92 |
243,747 |
5,344 |
249,091 |
|
1992-93 |
245,746 |
5,583 |
251,329 |
|
1993-94 |
240,734 |
5,642 |
246,376 |
|
1994-95 |
238,860 |
4,925 |
243,785 |
|
1995-96* |
230,330 |
4,402 |
234,732 |
|
1996-97* |
225,462 |
4,569 |
230,031 |
|
|
|
|
|
Non-custodial(2) |
1990-91 |
70,428 |
5,423 |
75,851 |
|
1991-92 |
85,124 |
5,603 |
90,727 |
|
1992-93 |
85,655 |
5,750 |
91,405 |
|
1993-94 |
86,412 |
8,196 |
94,608 |
|
1994-95 |
85,372 |
7,705 |
93,077 |
|
1995-96* |
82,476 |
7,606 |
90,082 |
|
1996-97** |
81,666 |
7,582 |
89,248 |
|
|
|
|
|
Total |
1990-91 |
278,374 |
10,069 |
288,443 |
|
1991-92 |
328,871 |
10,947 |
339,818 |
|
1992-93 |
331,401 |
11,333 |
342,734 |
|
1993-94 |
327,146 |
13,838 |
340,984 |
|
1994-95 |
324,232 |
12,630 |
336,862 |
|
1995-96* |
312,806 |
12,008 |
324,814 |
|
1996-97** |
307,128 |
12,151 |
319,279 |
|
|
|
|
|
Percent Change 1990-91 to 1996-97 |
Custodial(3) |
9.0 |
-1.6 |
8.8 |
|
Non-custodial(4) |
22.8 |
39.8 |
24.1 |
|
|
|
|
|
|
Total(4) |
11.9 |
20.7 |
12.2 |
(1) These admissions include provincial inmate admissions as well as federal inmates admitted on a 30-day appeal period who are later transferred to a federal institution.
(2) Figures for the provincial/territorial non-custodial population include probation and parole. Figures for the federal non-custodial population include full parole, day parole, and statutory release.
(3) Excludes the Northwest Territories for 1990-91 and 1996-97.
(4) Excludes Nova Scotia and the Northwest Territories for 1990-91 and 1996-97.
* Excludes the Northwest Territories.
** Excludes Nova Scotia and the Northwest Territories.
Source: Canadian Centre for Justice Statistics, Adult Correctional Services Survey.
Summary Table 4.
Federal and Provincial/Territorial Inmate Counts, Adults
Charged and Incarceration Rate per 10,000 Adults
Charged
|
Inmate Counts(1) |
Adults Charged(2) |
Incarceration Rate per 10,000 adults charged |
|
|
|
|
1990-91 |
29,233 |
602,446 |
485 |
1991-92 |
30,723 |
642,016 |
479 |
1992-93 |
31,709 |
632,138 |
502 |
1993-94 |
32,803 |
599,223 |
547 |
1994-95 |
33,759 |
558,378 |
605 |
1995-96 |
33,785 |
536,477 |
630 |
1996-97 |
34,166 |
525,030 |
651 |
|
|
|
|
Percent Change 1990-91 to 1996-97 |
16.9 |
-12.8 |
34.2 |
This chart shows that while the number of adults charged has decreased over the last seven years, the rate of those charged who are being incarcerated has increased.
(1) Includes only offenders in custody.
(2) Excludes provincial statute offences.
Source: Canadian Centre for Justice Statistics, Adult Correctional Services Survey; Uniform Crime Reporting Survey.
Summary Table 5.
Provincial Remand Admissions and Counts, 1990-91 to
1996-97
|
Remand Admissions(1) |
Remand Counts |
|
|
|
1990-91 |
92,102 |
4,713 |
1991-92 |
113,814 |
4,947 |
1992-93 |
114,262 |
5,111 |
1993-94 |
112,373 |
5,130 |
1994-95 |
112,671 |
5,327 |
1995-96 |
106,467 |
5,266 |
1996-97 |
107,901 |
5,737 |
|
|
|
Percent Change 1990-91 to 1996-97 |
17.2% |
21.7% |
(1) Admission numbers exceed count numbers due to the high number of offenders who may be admitted for very short periods of time. A single offender may also be admitted several times in one year, but for "count" purposes constitute only one inmate.
Source: Canadian Centre for Justice Statistics, Adult Correctional Services Survey.
VIII. ANNEX B
Resources
This section is provided in the spirit of recommendation #
9, to better share information about criminal justice dynamics and
issues
Newfoundland
The evaluation report on the Learning Resource Centre can be
ordered through:
Ms Wanda Lundrigan
P. O. Box 6084, 345 Duckworth Street, 2nd Floor
St. John's, Newfoundland A1C 5X8
Nova Scotia
The Custody Configuration Plan: May 1997, a plan to upgrade the
Nova Scotia Correctional Service custody system in partnership with
Health Forensic Services, can be ordered through:
Ms Diana MacKinnon
Correctional Services, Department of Justice
3rd Floor
1690 Hollis Street
Halifax, Nova Scotia B3J 2V9
New Brunswick
Web-sites:
The Ministry of Public Safety homepage:
http://www.gnb.ca/0276/index-e.asp
The Canada/New Brunswick Initiative: (as above: check under
"newswires")
The general New Brunswick site: http://www.gnb.ca
Research Report:
Extent of sex offences and the nature of sex offenders in New
Brunswick:
A research project January 1997. Produced by the Muriel
McQueen-Fergusson
Research Centre for Family Violence Research, University of New
Brunswick.
Report available from:
New Brunswick Department of the Solicitor General
Community and Correctional Services Division
P. O. Box 6000
Fredericton, N.B. E3B 5H1
or Correctional Services Canada, Atlantic Region
Prince Edward Island
Information on and/or copies of the 2020 Vision - Justice into the
21st Century can be obtained by contacting:
Phil Arbing
Provincial Advisor
Justice and Corrections
Community Affairs and Attorney General
P. O. Box 2000
Charlottetown, Prince Edward Island C1A 7N8
Ph: (902) 368-6619 fax: (902) 368-5335
E-mail: jparbing@gov.pe.ca
Ontario
The Correctional Services Division of the Ministry of the Solicitor
General and Correctional Services document: Partner in Ontario's
Criminal Justice System - Protecting the Public through Effective
Offender Supervision, can be ordered through:
Adult Institution Operations
Ministry of the Solicitor General and Correctional Services
P. O. box 4100
200 First Avenue West
North Bay, Ontario P1B 9M3
Facts about Ontario's Correctional Services - Ontario's Adult
Correctional Facilities - Why the System Needs Changing, can be
ordered through:
Julia Noonan
Communications Officer
Infrastructure Renewal Project
Ministry of the Solicitor General and Correctional Services
101 Bloor Street West
7th Floor
Toronto, Ontario M5S 2Z7
Saskatchewan
Website (Includes Justice Information):
http://www.gov.sk.ca
Northwest Territories
Video:
Coming Full Circle: Community Justice in the NWT
Order by writing to:
Director, Community Justice Division
Department of Justice
Government of the NWT
P. O. Box 1320
Yellowknife, NT X1A 2L9
Website (Includes Justice Information):
http://www.gov.nt.ca
Yukon
Website (Includes Justice Information):
http://www.gov.yk.ca
British Columbia
"Directing Change - The Strategic Plan for British Columbia's Adult
Corrections and
Family Justice Services - 1998 - 2001" [available September 1998]
"Patterns of Growth" - Analysis of Growth in B.C. Corrections
from 1990/91 to 1997/98.
These two reports can be ordered through:
Ken Nygaard
Corrections Branch
Ministry of the Attorney General
910 Government Street
4th Floor
Victoria, British Columbia V8V 1X4
Canadian Centre for Justice Statistics.
Selected Reports
Canadian Centre for Justice Statistics (1997). Corrections Key
Indicator Report for Adults and Young Offenders, 1996-97. Catalogue
no. 85-222-XPE.
Canadian Centre for Justice Statistics (1998). Adult Correctional
Services in Canada, 1996-97. Catalogue no. 85-211-XPE.
Canadian Centre for Justice Statistics (1998). A Graphical Overview of
Crime and the Administration of Criminal Justice in Canada, 1996.
Catalogue no. 85F0018XPE.
Canadian Centre for Justice Statistics (1998). Compendium of Canadian
Integrated and Multi-Disciplinary Justice Initiatives.
Canadian Centre for Justice Statistics (1998). Directory of Alternate
Justice-Related Data and Information Sources and Contacts.
Canadian Centre for Justice Statistics (1998). Directory of Justice
Information and Statistics Personnel.
Canadian Centre for Justice Statistics (1998). Inventory of Justice
Information Systems.
MacKillop, B. (1998, June). Alternative measures in Canada.
Canadian Centre for Justice Statistics, Statistics Canada.
McWhinnie, A.J. & Andrews, D.A. (1997, Jan.). Corrections
Utilization Study: A Review of the National and International Literature
and Recommendations for a National Study on Recidivism. Prepared for
the Canadian Centre for Justice Statistics, Statistics Canada.
Moyer, S. and Associates. (1997, Nov.). Temporary Absence and
Electronic Monitoring Programs: Policies and Practices in Federal and
Provincial/Territorial Adult Correctional Services. Prepared for the
Canadian Centre for Justice Statistics, Statistics Canada.
Roberts, J., & Reed, M. (1998). Adult Correctional Services in
Canada, 1996-1997. Canadian Centre for Justice Statistics,
Juristat, Catalogue no. 85-002-XPE, Volume 18, no. 3.
Robinson, D., Porporino, F.J., Millson, W.A., Trevethan, S.D., MacKillop,
B. (1998). A One-Day Snapshot of Inmates in Canada's Adult Correctional
Facilities. Canadian Centre for Justice Statistics,
Juristat, Catalogue no. 85-002-XPE, Volume 18, no. 8.
For further information, please contact the Canadian Centre for
Justice Statistics, 19th Floor, R.H. Coats Building, Ottawa,
Ontario, K1A 0T6 at (613) 951-9023 or call toll-free 1 800 387-2231.
Solicitor General Canada
Web-site:
http://www.sgc.gc.ca
The Corrections and Conditional Release Act - special web-sites:
http://www.sgc.gc.ca/corrections/ccra_e.asp (English version)
http://www.sgc.gc.ca/corrections/ccra_f.asp (French version)
Aboriginal Policing Directorate
Crime Prevention in First Nation Communities:
An Inventory of Policing Initiatives
Order through:
Aboriginal Policing Directorate
Solicitor General Canada
340 Laurier Avenue West
Ottawa, Ontario K1A 0P8
Aboriginal Corrections
-
The Four Circles of Hollow Water (APC 15) describes the community
healing process in the Hollow Water First Nation (Manitoba) from the
perspectives of traditional Ojibway culture, victims needs and services,
offender treatment and the community's world view.
-
Developing and Evaluating Justice/Community Corrections Projects: A
Review of the Literature (APC 16) is an annotated bibliography of
reports about and evaluations of community justice, corrections and
healing processes.
-
Responding to Sexual Abuse: Developing a Community-Based Sexual
Response Team in Aboriginal Communities (TS 1) provides an overview
of the problem of sexual abuse in Aboriginal communities and contains
information on how to develop effective community-based strategies to
address this problem.
-
At the Time of Disclosure (TS 2) builds upon the information
contained in the "Responding to Sexual Abuse" manual and deals
with the critical issues that surround disclosure of abuse.
-
Making it Work: Planning and Evaluating Community Corrections and
Healing Projects in Aboriginal Communities (TS 3) provides guidelines
for communities wishing to develop, implement and evaluate community
corrections and healing processes.
The above reports are included in "Healing" a CD-ROM produced
by the Aboriginal Corrections Policy Unit. The CD-ROM also includes:
-
Conquest by Law (APC 8) - a comprehensive description of
traditional Aboriginal justice systems across Canada and the impact on
them of early European contact.
-
Understanding the Role of Healing in Aboriginal Corrections (APC
10) - a report discussing the concepts of healing in Aboriginal
communities and exploring the role corrections could play in this
process.
The following documents are available either in "hard-copy" or
on CD-ROM
Computer CD-ROM -- Selected reports from the Aboriginal Peoples
Collection and Technical Series (includes all of above plus others)
Order through fax: (613) 990-8295
Aboriginal Corrections
Solicitor General Canada
340 Laurier Avenue West
Ottawa, Ontario K1A 0P8
Getting out Handbooks
Please specify: Atlantic, Quebec, Ontario, Prairies,
or British Colombia and NWT
Order through fax: (613) 990-8295 Aboriginal Corrections
To Heal the Spirit (Video)
Order through:
Nechi Institute Alberta
P.O. Box 34007
Kingsway Mall Post Office
Edmonton Alberta
T5G 3G4
Phone: 403-460-4304
Fax: 403-460-4306
Correctional Service Canada
Website:
http://www.csc-scc.gc.ca
Events and Initiatives Related to Restorative Justice (Recent and Upcoming)
Order through:
Jane Miller-Ashton
Director, Restorative Justice and Dispute Resolution Unit
Correctional Service Canada
340 Laurier Ave. West, 2nd. floor
Ottawa, Ontario K1A 0P8
Ph: (613) 992-2017
fax: (613) 943-2171
Justice Canada
Website:
http://canada.justice.gc.ca
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