CORRECTIONS POPULATION REPORT
FOURTH EDITION
FOR THE
FEDERAL/PROVINCIAL/TERRITORIAL MINISTERS
RESPONSIBLE FOR JUSTICE
Iqaluit, Nunavut
September 2000
Cat. No. JS42-74/2000
ISBN-0-662-65210-X
TABLE OF CONTENTS
I. INTRODUCTION
II. BACKGROUND
III. OVERVIEW: THE ENVIRONMENT
-
R. v. Gladue
-
R. v. Proulx
IV. CONCLUSION AND RECOMMENDATIONS
V. THEMATIC REPORTS
-
The Effect of Prison on Criminal Behaviour
-
Conditional Sentencing
-
Custodial Remand
-
Aboriginal Offenders - Programs and Services
-
Restorative Justice
VI. APPENDICES
-
The 11 Recommendations
-
The Principles
VII. ANNEX "A" STATISTICAL TABLES AND
GRAPHS
VIII. ANNEX "B" WEBSITES
I. INTRODUCTION
This is the 4th report in a series that began in
January 1995. At that time, Federal/Provincial/Territorial
(FPT) Ministers asked Deputy Ministers to develop
recommendations for management of correctional populations to
reduce crowding while maintaining and improving public
safely. A working group consisting of senior correctional
officials was established for this purpose.
The first report in May 1996 made 11 recommendations (See
Appendix I), with an additional four recommendations being
endorsed by Ministers in February 1997. These recommendations
included a set of fundamental principles (See Appendix II)
that were endorsed by all jurisdictions. Progress reports in
February 1997 and October 1998 examined and explained
measures being implemented by the various jurisdictions and
reported on population trends in each jurisdiction and
nationally.
It is interesting to note that Canada's incarceration rate
when this series of reports was initiated stood at 133 per
100 thousand total Canadian population. By the time of the
First Report on Progress in February 1997 this rate,
while still among the highest in the world had fallen to 129
per 100 thousand total Canadian population. In the year 2000
Canada's incarceration rate has fallen once again to 123 per
100 thousand total Canadian population. These figures are
encouraging as we attempt to reduce our reliance on
incarceration and promote diversion, restorative approaches,
and community-based alternatives.
The current report is designed to conclude the series and to
provide a status report on progress and developments over the
past 5 years.
II. BACKGROUND
In 1995 correctional populations were rapidly growing and
threatening to outstrip available institutional capacity in
the immediate or near future. If the rate of growth were to
continue it would have become unsustainable within the
foreseeable future.
The working group recognized that incarceration is
appropriate for many offenders, but for others it is
unnecessary and ineffective, even counterproductive. Being
the most expensive of correctional programs, it was
recognized that less expensive and at least equally effective
measures were necessary to allow increased resources to be
concentrated on the most serious offenders.
In the May 1996 Corrections Population Growth
Report, Ministers endorsed eleven recommendations
including a statement of principles that would assist
jurisdictions in addressing prison population growth.
In February 1997, the Corrections Population Growth:
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.
In October 1998 the third paper in this series
Corrections Population Growth: Second Progress
Report, provided an overview of innovative and rapidly
expanding correctional initiatives across the country.
The principles adopted by Ministers in 1996 supported the use
of an array of correctional approaches geared to risk and
public safety on the one hand, and on the other hand, based
in the community when safe to do so.
Over the years, jurisdictions reported on a variety of
correctional approaches consistent with the principles. Many
were already well established, others were new or recent
innovations. These correctional approaches included (but were
not limited to):
-
Substance Abuse Treatments
-
Increasing the use of Diversion Programs
-
Increasing the use of Alternative Measures
-
Community-based programs for low-risk offenders
-
Increasing the use of restorative justice and mediation
approaches
-
Increasing the use of risk assessment instruments and
assessment technologies
These efforts, along with other events and developments, have
contributed to a lower and declining level of sentenced
offenders and rate of incarceration. However, community
corrections caseloads have continued to grow. In addition,
Provincial and Territorial remand populations continue to
rise. Recently efforts have been made to better understand
these dynamics.
The following graph displays two Federal custody projections.
The first, or upper, projection is from 1997 and forecasts an
upward trend in the number of offenders in Federal custody
through to the year 2002. The second, or lower, projection
was done in 1999 and projects near zero growth for the period
2000 to 2004.
The graph on the preceding page shows only the projected
trends for male offenders, no comparable graph is available
for female offenders at this time. The number of female
offenders incarcerated in Canada is generally small,
numbering around 340. The recent closing of Kingston's Prison
for Women and the opening of five regional female facilities
and an Aboriginal Women's Healing Centre have obscured the
traditional trends in female incarceration from when there
was only one facility for women. It is difficult to forecast
due to small numbers. However, there has been a constant and
significant increase in CSC's Atlantic and Prairie regions.
Preliminary analysis suggests a change in sentencing patterns
- that is fewer 1 to 2 year sentences and more 2 to 3 year
sentences rather than an overall increase in the rate of
incarceration in these two regions. At this time, patterns
and trends in female incarceration are insufficiently
established to lend confidence to statistical projections.
However, one truism that has always applied to correctional
populations is "If you build it, they will come";
constant vigilance will be needed over the number of females
incarcerated in Canada as they system's potential capacity to
deal with female offenders is increased.
III. 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.
Presently, Canada's police-reported crime rate is at the
lowest rate since 1979. Canada's police-reported crime rate
fell by 5% in 1999; this is the eighth consecutive decline in
as many years. The violent crime rate fell by 2% in 1999, the
seventh consecutive year of decline. All major categories of
violent crime decreased in 1999, including homicide
(-5%), sexual assault (-7%), and robbery (-2%). There were
536 homicides in Canada in 1999, 22 less than the previous
year. The homicide rate has generally been falling since the
mid-1970s. The 1999 murder rate of 1.8 homicides per 100,000
population is the lowest since 1967. In 1999 the property
crime rate fell by 6%, continuing a general decline observed
since 1991. All major categories of property crime decreased
in 1999, including break and enter (-10%) and motor vehicle
theft (-4%). The only offences that have increased in the
past few years have been disturbing the peace (+6% in 1999)
and drug offences (+12% in 1999).
The number of youths charged by police declined 7% in 1999,
including a 5% decline in violent crime and an 11% decrease
in property crimes. The youth crime rate has generally been
decreasing since 1991. These trends are consistent with other
Western nations with documented declines in most police
reported crime between 1991 and 1999.
The January/February 2000 Angus-Reid poll finds that only 5%
of Canadians cite Crime/Justice issues as their
"top-of-mind" issue.
Irrespective of the drop in the crime rate, Canadians' fear
of crime has grown. 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 evidence of 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 reflected in 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 reintegrate 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 who were sampled favour the
use of non-prison sentences such as probation or community
service. Support for alternative sentencing was highest in
Alberta and Saskatchewan.
Most offenders who are sent to prison receive a custodial
sentence of fixed 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. There is growing evidence that Canadians are more
interested in investing in protection than excessive
punishment and that there is public support for greater
investment in addressing the root causes of crime with an
emphasis on community crime prevention programs.
The Supreme Court of Canada has issued two significant
sentencing judgements during this reporting period that
support more diversified, individualized and less restrictive
sentencing.
R. v. Gladue
Part XXIII of the Criminal Code codifies the
fundamental purpose and principles of sentencing and the
factors to be considered by a judge in determining a fit
sentence.
S. 718.2(e) requires sentencing judges to consider
all available sanctions other than imprisonment and to pay
particular attention to the circumstances of aboriginal
offenders. In R. v. Gladue, the
Supreme Court of Canada ruled on the interpretation to be
given to this paragraph. The provision is not simply a
codification of existing jurisprudence. It is remedial in
nature and is designed to ameliorate the serious problem of
overrepresentation of aboriginal people in prisons, and to
encourage sentencing judges to make use of a
restorative approach to sentencing. There is a judicial duty
to give the provision's remedial purpose real force.
In sentencing an aboriginal offender, the judge must
consider: (a) the unique systemic or background factors which
may have played a part in bringing the particular aboriginal
offender before the courts; and (b) the types of sentencing
procedures and sanctions which may be appropriate in the
circumstances for the offender because of his or her
particular aboriginal heritage or connection. In order to
undertake these considerations the sentencing judge will
require information pertaining to the accused. Judges may
take judicial notice of the broad systemic and background
factors affecting aboriginal people, and of the priority
given in aboriginal cultures to a restorative approach to
sentencing. Normally, additional case-specific information
will come from counsel and from a pre-sentence report which
takes into account the systemic or background factors and the
appropriate sentencing procedures and sanctions, which in
turn may come from representations of the relevant aboriginal
community. The offender may waive the gathering of that
information. The absence of alternative sentencing programs
specific to an aboriginal community does not eliminate the
ability of a sentencing judge to impose a sanction that takes
into account principles of restorative justice and the needs
of the parties involved.
If there is no alternative to incarceration the length of the
term must be carefully considered. The jail term for an
aboriginal offender may in some circumstances be less than
the term imposed on a non-aboriginal offender for the same
offence. However, s. 718.2(e) is not to be taken as
a means of automatically reducing the prison sentence of
aboriginal offenders; nor should it be assumed that an
offender is receiving a more lenient sentence simply because
incarceration is not imposed. It is also unreasonable to
assume that aboriginal peoples do not believe in the
importance of traditional sentencing goals such as
deterrence, denunciation, and separation, where warranted. In
this context, generally, the more serious and violent the
crime, the more likely it will be as a practical matter that
the terms of imprisonment will be the same for similar
offences and offenders, whether the offender is aboriginal or
non-aboriginal.
R. v. Proulx
Well over 42,000 conditional sentences have been imposed
since these measures came into effect in 1996. The Supreme
Court of Canada rendered its decision in five conditional
sentencing cases on January 31, 2000. The leading decision is
R. v. Proulx, from
Manitoba, in which the unanimous Court set out important
principles for interpreting the conditional sentencing
provisions. These include:
-
The purpose of the provisions is to reduce incarceration
and increase the use of restorative justice principles in
sentencing.
-
Conditional sentences should have both punitive and
rehabilitative aspects - conditions such as house arrest
should be the norm, not the exception.
-
There is no presumption for or against use of conditional
sentences for any particular offences, nor should there be.
-
It would be both unwise and unnecessary to establish
judicially created presumptions that conditional sentences
are inappropriate for specific offences. Such presumptions
would introduce unwarranted rigidity into sentencing.
-
A judge must be satisfied the community will not be
endangered before considering whether a conditional
sentence would otherwise be appropriate.
-
Conditional sentences can provide significant denunciation
and deterrence.
-
Conditional sentences are generally preferable to
incarceration when a combination of punitive and
rehabilitative objectives can be achieved.
The court also held that a conditional sentence need not be
of equivalent duration to the sentence of incarceration that
would otherwise have been imposed. The sole requirement is
that the duration and conditions of a conditional sentence
make for a just and appropriate sentence. The requirement in
s. 742.1(b) that the judge be satisfied that the
safety of the community would not be endangered by the
offender serving his or her sentence in the community is a
condition precedent to the imposition of a conditional
sentence, and not the primary consideration in determining
whether a conditional sentence is appropriate. In making this
determination, the judge should consider the risk posed by
the specific offender, not the broader risk of whether the
imposition of a conditional sentence would endanger the
safety of the community by providing insufficient general
deterrence or undermining general respect for the law. Two
factors should be taken into account: (1) the risk of the
offender re-offending; and (2) the gravity of the damage that
could ensue in the event of re-offence. A consideration of
the risk posed by the offender should include the risk of any
criminal activity, and not be limited solely to the risk of
physical or psychological harm to individuals.
The court further held that as a general matter, the more
serious the offence, the longer and more onerous the
conditional sentence should be. There may be some
circumstances, however, where the need for denunciation or
deterrence is so pressing that incarceration will be the only
suitable way in which to express society's condemnation
of the offender's conduct or to deter similar conduct in
the future.
Generally, a conditional sentence will be better than
incarceration at achieving the restorative objectives of
rehabilitation, reparations to the victim and the community,
and promotion of a sense of responsibility in the offender
and acknowledgment of the harm done to the victim and the
community.
The implementation of conditional sentences is discussed
further at page 11.
IV. CONCLUSION AND RECOMMENDATIONS
Solid progress is being made in all jurisdictions on
different fronts and most report a decrease in their
sentenced populations. There is obviously still important
work to do. Services to Aboriginal Peoples are well
represented in this report and all jurisdictions report
progress. However, almost all jurisdictions continue to
report a disproportionate number of Aboriginal offenders in
custody.
The Heads of Corrections will review and monitor the level of
incarceration and the factors effecting the number of
Canadians incarcerated and will continue to report to
Ministers Responsible for Justice from time to time as
warranted by current or emerging issues.
Therefore it is recommended that:
-
this be the final regularly scheduled report of this
series, and
-
future reports be of an ad hoc nature, responding
to specific current or emerging issues of common concern.
V. THEMATIC REPORTS
Five issues were identified as deserving of special attention
in this report, due to their national profile and their
potential impact on criminal justice and correctional policy
in the coming years.
1. The Effect of Prison on Criminal
Behaviour
Imprisoning individuals who break the law has many goals.
Imprisonment punishes and shows society's abhorrence for
certain anti-social behaviours and it removes individuals
from the community for a period of time. Most offenders
however, are eventually released from prison. Thus, another
goal of incarceration is that imprisonment will serve to
deter offenders from engaging in further criminal behaviour.
It is commonly assumed that longer sentences are more
punishing and, therefore, more likely to deter individuals
from further crime. The increased use of imprisonment and
longer prison sentences for purposes of deterrence come with
significant financial and social costs while failing to meet
the objective of deterrence. For example, in 1999 a Canadian
study (Gendreau, Goggin, & Cullen, 1999) examined whether
longer sentences reduce recidivism and meet the goal of
deterrence.
In this study a quantitative (meta-analytic) review of the
research literature was conducted. Fifty studies that
examined the effect of imprisonment and longer sentences on
recidivism were analyzed.
These studies involved over 300,000 offenders. None of the
analyses found imprisonment to reduce recidivism. The
recidivism rate for offenders who were imprisoned as opposed
to given a community sanction were found to be similar. In
addition, longer prison sentences were not associated with
reduced recidivism. In fact, the opposite was found. Longer
sentences were associated with a 3% increase in
recidivism.
An analysis of the studies according to the risk of the
offender also did not show a deterrent effect. For both
low-risk and high-risk offenders, increasing sentence length
was associated with small increases in recidivism. Low-risk
offenders, presumably the most reformable offenders, were
slightly more likely to commit new offences after
incarceration indicating that lower risk offenders may be
more negatively affected by the prison experience than higher
risk offenders. This finding suggests some support to the
theory that prison may serve as a "school for
crime" for some offenders.
Regardless of the type of analysis employed, no evidence for
a crime deterrent function was found. These findings have
several significant implications:
-
For most offenders, prisons do not reduce recidivism. To
argue for expanding the use of imprisonment in order to
deter criminal behaviour is without empirical support. The
use of imprisonment would be best reserved for purposes of
retribution and the selective incapacitation of society's
highest risk offenders.
-
The cost implications of imprisonment need to be weighed
against more cost efficient ways of decreasing offender
recidivism and the responsible use of public funds. For
example, even small increases in the use of incarceration
can drain resources from other important public areas such
as, crime prevention, health and education, as well as from
more effective correctional programs.
-
Evidence from other sources suggests more effective
alternatives to reducing recidivism than imprisonment.
Offender treatment programs have been more effective in
reducing criminal behaviour than increasing the punishment
for criminal acts.
Source: Gendreau, P. Goggin, C., &
Cullen, F. T. (1999). The Effects of Prison Sentences on
Recidivism. Ottawa: Solicitor General Canada.
The entire research paper may be downloaded
from the Solicitor General Canada.
2. Conditional Sentences
Conditional sentences were created in 1996 to help reduce the
use of imprisonment in a way that is safe and consistent with
the basic principles of justice. From September 6, 1996
to September 30, 1999 there have been over 42,000
conditional sentences imposed by Canadian Courts.
During the conditional sentence the offender must abide by
compulsory conditions including reporting to a probation
officer. Optional conditions depend upon the nature of the
crime and may include requiring the offender to remain in
their home (except for work or medical emergencies), to repay
victims, or to perform community service work. The most often
imposed condition is that the offender attend alcohol or drug
treatment. In January 2000 (R. v.
Proulx) the Supreme
Court ruled that stringent conditions such as house arrest
and strict curfews should be the norm in conditional
sentencing and not the exception.
Property offences account for 39% of conditional sentences.
In R. v. Proulx, the Supreme Court
of Canada ruled that it would be inappropriate to exclude
categories of crimes from eligibility for a conditional
sentence. See page 6 for a summary of the
Proulx decision.
In 1999 Roberts, Doob, and Marinos published a survey of
judges from across Canada asking them about their experience
with and attitudes towards the conditional sentence. The
survey was conducted in 1998, almost two years after the
inception of the new disposition. The following principal
findings emerged:
-
There was considerable regional variation in the volume of
conditional sentences imposed. In Alberta, for example,
only 30% of respondents had imposed 11 or more orders,
while in Saskatchewan, 61% of the survey respondents had
imposed 11 or more.
-
Most judges identified crimes against property as offences
for which the conditional sentence might be particularly
appropriate.
-
The conditional sentence was seen as being effective in
achieving the sentencing objective of rehabilitation, but
not deterrence or denunciation. Judges with more experience
in imposing conditional sentences were more likely to
believe that the new disposition was able to achieve the
objectives of sentencing.
In this study judges expressed concern about the limited
number of available treatment programs. Almost 40% of the
sample responded that the number of programs was rarely or
ever sufficient. Results suggest that use of the conditional
sentence would increase if better support services and
programs were available. When asked to identify needs in the
area of resources, the most frequently identified need was
for more counselling programs. Treatment orders and
no-contact orders were the conditions most often identified
as being imposed as part of a conditional sentence order.
Judges with more direct experience with conditional sentences
were more likely to hold the view that conditional sentences
were adequately supervised in their jurisdictions.
Public perception of conditional sentences of imprisonment
was identified as a problem. Judges feel that the general
public does not understand the nature of the new sanction.
However, respondents tended to believe that the
"informed" public supported the concept of
conditional sentencing.
Frequent users of the conditional sentence (those who had
imposed over 11 such sentences to date) were more likely to
have a positive view of public reaction to the new sanction.
Most judges affirmed that they considered the likely impact
on public opinion before imposing a conditional sentence. The
sample of respondents was divided on whether a Victim Impact
Statement carried more weight in cases in which a conditional
sentence was being contemplated.
There was considerable support for the use of a statistical
device to assist the court in predicting whether the offender
would re-offend.
The entire report, Judicial Attitudes to
Conditional Terms of Imprisonment: Results of a National
Survey, Roberts, J. V., Doob, A. N., Marinos,
V., La Prairie, C., Cole, D., & Perry, T. (1999) may be
obtained by contacting:
Sentencing Reform Team
Department of Justice
5th floor, East Memorial Building, Rm 5095
284 Wellington Street,
Ottawa, Ontario K1A 0H8
Phone: (613) 957-4722
fax; (613) 941-4122
3. Custodial Remand
Adults
Provincial/Territorial correctional services are responsible
for housing inmates who have been remanded to custody. Remand
refers to persons who have been charged with an offence and
ordered by the court to be detained in custody while awaiting
a further court appearance. Although persons on remand have
not been found guilty or sentenced, they are held in custody
because there is a risk that they will fail to appear for
their court date, they pose a danger to themselves and/or
others, or they present a risk to reoffend.
A Statistics Canada publication entitled The use
of custodial remand in Canada, released in
November 1999, examined trends in remanding people who have
been charged with an offence into custody while they await a
further court appearance.
This study found that the number of adults remanded into
custody represents a growing proportion of all individuals
who are jailed. In 1997-1998, almost 103,000 adults were
admitted on remand to a correctional institution (excluding
Manitoba); that represents 50% of all adults admitted to
custody. As a proportion of all admissions, remands are up
39% compared to a decade earlier. This increase in the
proportion of remands is due, at least in part, to the
decline in the number of sentenced adults during the past
five years.
The average daily count of adults remanded to
provincial/territorial custody in Canada increased 45% in the
past 10 years from 4,202 in 1988-1989 to 6,109 in 1997-1998.
This increase occurred in all jurisdictions except Prince
Edward Island. The number of remands peaked in 1992-1993 but
has declined 6% in the last five years. This decline has been
primarily due to decreases in Quebec, Ontario, and Alberta.
On the other hand, the number of adults sentenced to jail on
conviction fell 18% during the same five-year period.
Increases in the number of remands, between 1988-1989 and
1997-1998, varied widely among the provinces and territories.
The sharpest increases occurred in British Columbia (+128%),
Ontario (+83%) and Saskatchewan (+50%).
The "average" remand offender in Canada is a
31-year-old white, unmarried, unemployed male who stays in
remand for an average of 7 days accused of a crime against a
person. Aboriginal persons and people with a grade nine or
less education are over-represented in both sentenced and
remand populations.
While those on remand comprised 50% of adult admissions to
custody in 1997-1998, youth admissions to remand represented
60% of the total admissions to custody. In those
jurisdictions that provided data on youth remanded to custody
in 1997-1998, 39% were admitted for property offences and 25%
were admitted for crimes against persons.
There is a wide variation in the length of time that an
offender will spend in remand, from 2 days in Nova Scotia to
22 days in the Northwest Territories. The median age of those
admitted to remand was 31 years of age in 1997-1998, just
slightly younger than that of sentenced inmates. The
provincial/territorial medians range from 26 years of age in
Saskatchewan to 32 years of age in Newfoundland and Labrador
and Prince Edward Island.
Young Offenders
During 1997-1998 there were 25,386 youth admissions to remand
in Canada excluding Saskatchewan. Youth admissions to remand
represent 60% of the total admissions to custody in 1997-1998
compared to 50% of adults.
Most jurisdictions have seen gradual increases in the average
count of youth on remand/temporary detention over the last 10
years. Among jurisdictions that report age at admission, in
1997-1998, just over half (52%) of youth admissions to remand
were 16 years of age or older. The "average" young
offender on remand is a white male aged 16 years on remand
for a Break and Enter spending a median of seven days in
remand.
The vast majority of youth admissions to remand in 1997-1998
were male (80%) and aboriginal youth admissions were
over-represented among remand populations (37%). Eight
jurisdictions reported most serious offence at admission to
remand as property offences (Break & Enter) were the most
frequent (39%). Time spent on remand was generally short. Of
the youth held on remand in 1997-1998, the majority were
released within one month (84%).
The entire report The use of custodial remand in
Canada, 1988-89 to 1997-98 can be
obtained by contacting:
The Canadian Centre for Justice Statistics
19th Floor
R.H. Coats Building
Ottawa, Ontario
K1A 0T6
Phone: (613) 951-9023
Or call toll-free 1 800 387-2231.
Questionnaire on Custodial Remand
In 1999, Provinces and Territories provided the following
comments to the Canadian Centre for Justice Statistics in
response to a questionnaire on custodial remand. At this
time, no clear patterns have emerged that would suggest ways
to better manage remand populations across jurisdictions.
Newfoundland and Labrador
Newfoundland and Labrador reports no significant increase
over time in the adult remand population in spite of a recent
upward trend. Newfoundland and Labrador's experience may be
somewhat unique due to several local conditions. Many local
RCMP detachment cells accommodate short-term remands that do
not enter the Provincial system. Newfoundland and Labrador
also have a low, overall, crime rate. In addition, due to the
geographic nature and placement of Newfoundland and Labrador
there are relatively few transients.
Newfoundland and Labrador report more young persons being
remanded than adults on a per capita basis. This phenomenon
has required the province to maintain a 10-bed youth remand
centre in St. John's with an annual budget of slightly less
than $1 million.
Prince Edward Island
Prince Edward Island reports that more violent offenders are
being remanded for longer periods and that many have mental
health issues. It was noted that these individuals usually
take longer to process through the court system and therefore
are within the institution for longer periods.
Nova Scotia
Nova Scotia reports a slow increase in remand admissions over
time. In 1997-1998 there were 1995 remands. Of these, 69.4%
(1,384) were remanded until court dates, 29.7% (592) went
from remand status to sentenced status, and 0.9% (19) went to
other detention statuses.
The Nova Scotia median length of time served by adult remand
inmates has been the lowest in Canada, at two days for each
year of the six year period from 1992-93 to 1997-98.
New Brunswick
New Brunswick reports that this is not a significant
operational issue for the province. The province has set up a
system of weekend, regional, remand courts that allow remand
admissions on weekends and holidays. This has been in effect
for the last two years.
Quebec
Quebec reports that from 1991-1992 to 1998-1999 the
number of remand admissions dropped by 32% from 37,246 to
25,342. This represents a constant trend with a meaningful
drop for each of the seven years and the overall percentage
decrease increasing each successive year. Quebec has not
noticed an increase in length of remands across this period.
Over the eight-year reporting period an average of 35.6% of
incarcerated offenders were under remand, the range has been
from 33.6% in 1995-1996 to 37.0% in 1991-1992.
While remand populations have declined, Quebec's average
daily count of convicted offenders has remained remarkable
stable over the period from 1991-1992 to 1998-1999. During
this period the average daily count of convicted offenders
was 2,218 with a range from a high of 2,341 in 1994-1995 to a
low of 2,102 in 1998-1999.
Ontario
Ontario reports that remand offenders comprise approximately
40% of the daily count and that this has been approximately a
10% increase in the past 10 years. In addition, the length of
stay has increased by 2 to 3% during that same time period.
The Ontario Ministry of the Attorney General has established
"Video Remand Programs" in several communities.
This allows the offender to attend their remand hearing
without having to be transported to court. Involvement in
this program is voluntary.
Manitoba
Manitoba has experienced a decrease in sentenced population
offset by a greater increase in the remand population. This
has caused overcrowding at two provincial facilities with
additional overload being transferred to Stoney Mountain
Penitentiary under an agreement with CSC. Manitoba has a
particular situation where gang trials testing new federal
anti-gang legislation caused lengthy stays in remand.
Manitoba reports that the "zero tolerance" policy
on domestic violence has impacted their remand admissions.
Saskatchewan
Saskatchewan reports a significant growth in the number of
remand offenders admitted to adult correctional centres over
the past three years. This has resulted in all-time highs for
both remand admissions and average daily count. In 1999-2000
the daily percentage of remand offenders has ranged to as
high as 30% of those incarcerated.
Alberta
Alberta reports that adult and young offender remand
populations are not rising. In Edmonton there is a Custody
Diversion program for youth that allows for an interim
release to the community with conditions for some young
offenders. A video arraignment system is in operation between
the Calgary Remand Centre and the Calgary Provincial Court
and is used for about 50% of court appearances.
British Columbia
British Columbia has experienced growth in its remand
population and has issued two papers on this trend.
Accommodating Pre-trial: Correctional Indicators of Growth in
Custody and Community Caseloads and Pre-trial Growth: Custody
and Community Caseloads describe the growth trend. B.C.
points out that remand requires secure beds and that secure
beds are costly. Remand costs are driven up by more remand
admissions, longer stays in remand, and more frequent stays
in remand. Length of stay on remand increased by 20% between
1990-1991 and 1997-1998.
Northwest Territories
The Northwest Territories remand capacity has been overtaxed
for years. The NWT has experienced a steady drop in the
number of incarcerated offenders over the last year, with a
corresponding decrease in the number of remands. At this time
the remand capacity of the system is full.
Yukon
In the Yukon remand admissions have increased between
1988-1989 and 1997-1998 reflecting an increase in the number
of Criminal Code offences reported to police.
Overcrowding remains an issue with remand offenders having a
potential option to be placed in the general population once
assessed on an individual basis. Offenders with mental health
concerns are being remanded due to an absence of secure
mental health beds in the Territory.
The entire report Jurisdictional Responses to a
Questionnaire on Custodial Remand: Prepared for Heads of
Corrections can be obtained by
contacting:
The Canadian Centre for Justice Statistics
19th Floor
R.H. Coats Building
Ottawa, Ontario
K1A 0T6
Phone: (613) 951-9023
Or call toll-free 1 800 387-2231.
4. Programs and Services for Aboriginal
Offenders
On average, an Aboriginal Canadian is eight and a half times
more likely to be incarcerated than a non-aboriginal
Canadian.
In addition to diverse Aboriginal-specific initiatives within
individual jurisdictions, the Heads of Corrections have
created an Aboriginal Sub-Committee to contribute to the
positive evolution and the healing of Aboriginal offenders in
Canadian institutions. It aims to achieve key criminal
justice objectives, including but not limited to, using
imprisonment as a last resort consistent with public safety
and promoting effective correctional interventions for both
young offenders and adults. The Sub-Committee aims to create
a correctional environment that is responsive to the unique
needs of aboriginal offenders. The Sub-Committee works to
develop affective Aboriginal correctional approaches through
the sharing of expertise and resources and the development of
joint initiatives. These initiatives will compliment
components of the Healing Strategy - the federal response to
the Royal Commission on Aboriginal Peoples (RCAP) final
report. The Healing Strategy, government funded but
administered by an Aboriginal foundation, provides support to
communities with a need to correct the effects of residential
school experiences. Opportunities to co-ordinate activities
between corrections and the Healing Strategy will be
encouraged to maximize the impact in Aboriginal communities.
A January 2000 report entitled: National Overview of
Programs, Services and Issues Related to Aboriginal
Offenders presents a two-part review of correctional
programs within each Province and Territory and the federal
system. The report provides a narrative Review of
Programs and Services available and the second part
of the report reviews Issues Affecting the Healing
Process. For fuller descriptions of the services and
more service information please refer to the original report,
address located at the end of this section.
British Columbia
Review of Programs and Services
British Columbia attempts to utilize Restorative Justice
principles to foster a sense of community ownership and
responsibilities for justice issues and to encourage
involvement in dispute resolution. The Aboriginal
Victim Assistant Program provides support to
Aboriginal victims of crime including specific justice
information, support for those who chose to take part in a
restorative justice program, initial orientation to the court
process and referrals to community programs and resources.
The Nen Quay Deni Yajelhtig Law Centre
provides the Tsilqot'in communities with a means to develop
new justice approaches by blending customary restorative
practices with contemporary ones. These programs attempt to
bring the victim, the offender, and the community together to
restore the community's harmony.
Issues Affecting the Healing Process
Developing specific programs for Aboriginal peoples may
address some cultural issues but it has to be recognized
that not all Aboriginal offenders wish to access these
programs either on or off reserve land and that some prefer
to access "generic" justice programs.
Alberta
Review of Programs and Services
Operating since 1979 the Assistant Probation Officer
Program contracts private individuals to provide
probation supervision and specialised community corrections
services mostly to remote communities. The Elders
Visitation Program operates out of major
correctional centres and provides spiritual guidance and
counselling to adult and young offender inmates. Seventeen
Aboriginal Communities have established Youth Justice
Committees pursuant to Section 69 of the Young
Offenders Act. These committees provide a sentence advisory
role to the youth court and assist in the administration of
the Alternative Measures Program. Alberta has partnerships
with Aboriginal groups:
-
agreements with five First Nations for the provision of
community corrections programming in their communities;
-
an agreement with one First Nation for the management and
operation of a minimum security correctional centre in
their community;
-
agreements with three Aboriginal groups for the management
and operation of one young offender and two adult minimum
security camps.
Issues Affecting the Healing Process
Poor social and living conditions coupled with inadequate
support systems in their home communities affect the
rehabilitation of Aboriginal offenders. A Task Force struck
to examine the impact of the criminal justice system on the
First Nation and Metis people of Alberta concludes that
Aboriginal communities should deliver correctional services
for Aboriginal people in Alberta. Aboriginal communities must
take economic factors into account in the development and
planning of services for Aboriginal offenders.
Saskatchewan
Review of Programs and Services
Saskatchewan provides a wide range of programs through two
operational systems, the community operations branch and the
institutional operations branch. These include:
Aboriginal Self-help and Fellowship Groups
organized by inmates to promote educational, spiritual, and
cultural activities. The Prince Albert Grand Council
Spiritual Healing Lodge accommodates 25 low security
offenders on the Wahpeton Reserve land where offenders can
work to address their needs in the context of their cultural
and spiritual beliefs. The Regina Qu'Appelle
Community Operations Region contracts with the
Circle Project association to provide culturally sensitive
anger management sessions to offenders in the community.
Issues Affecting the Healing Process
Saskatchewan finds that there is a limited literature on
programming that most effectively supports successful
Aboriginal reintegration and that cultural, educational,
recreational, and employment programming and supports for
offenders are limited for the released offender. Saskatchewan
also points out the limited availability of resources to
support damaged Aboriginal families and communities and that
means that these families and communities are then limited in
the extent to which they can support released offenders.
Manitoba
Review of Programs and Services
Manitoba has created Community Participation
Agreements that allow approximately 20 Aboriginal
communities to perform selected community correctional
services such as probation supervision in the community.
Manitoba is delivering Aboriginal Awareness
Training to all new staff as part of basic
Correctional Officer Training. Three Community Based
Sweatlodges have been established, one strictly
devoted to young offenders and the other two are used for
staff training and servicing community-based offenders.
Issues Affecting the Healing Process
Manitoba notes a difficulty in recruiting and retaining
Aboriginal staff especially within institutions. They also
note few employment, educational, and therapeutic
opportunities for offenders returning to some home
communities. Aboriginal gangs also pose complex problems.
Ontario
Review of Programs and Services
Ontario provides funding to support an Aboriginal
discharge planner at a detention centre in the
Hamilton area. This position allows for the co-ordination of
Aboriginal specific resources and preparation for release in
consultation with Aboriginal communities and agencies. The
Correctional Services Division is currently developing a
provincial response to Aboriginal offenders through the
development of a strategic framework. This framework will
ensure consistency with government direction, a more
co-ordinated approach to responding to Aboriginal offender
issues, facilitate future planning and manage projected
increases.
Issues Affecting the Healing Process
Ontario sees a need to develop provincial protocols regarding
involvement of community, Band council, and/or Tribal council
on offender issues and release planning. Aboriginal offenders
are sometimes unable to access services (e.g., welfare) due
to literacy issues, communications barriers, lack of
understanding the system, and ultimately resignation.
Nova Scotia
Review of Programs and Services
The Mi'Qmak Justice Institute was
established to co-ordinate the administration of justice
programs such as court worker services and translation
services for all on-reserve and off-reserve peoples.
Correctional Services has hired its first Aboriginal
Probation Officer. Institutional programs are
minimal due to the small Aboriginal offender population in
custody in Nova Scotia. The Nova Scotia Youth Centre has a
place for young offenders to engage in "sweats"
with Aboriginal leaders from the community.
Issues Affecting the Healing Process
In the past, most Mi'Qmak programs such as Adult Diversion
and the Native Council Community Legal Issues Facilitator
Program have been established without guarantee of long-term
funding. This has created difficulties in both acceptance of
the program and retention of staff. There is a need to
determine justice related program services for Aboriginal
people based on cultural needs. Some Aboriginal people prefer
to access mainstream justice programs whereas others would
prefer culturally specific services.
Newfoundland and Labrador
Review of Programs and Services
Newfoundland and Labrador offer a culturally sensitive
Male Batterers Group called "Peaceable
Homes" consisting of 12 sessions exploring issues such
as the cycle of violence, warning signs, communication,
victim empathy, and non-violent conflict resolution. The
Mobile Treatment - Innu Nation provides Innu
families experiencing high degrees of unhealthy functioning a
healing experience in a traditional Innu setting.
Participants are flown to a remote area of Labrador where
traditional Innu living conditions, values and practices are
pursued.
Issues Affecting the Healing Process
Language and cultural barriers commonly impact adversely on
most programs and a lack of community-based follow-up
services is also cited as adversely affecting offender
rehabilitation. Treatment programs delivered by
culturally-sensitive facilitators and those that take place
in traditional settings enjoy a great deal of popularity and
positive feedback.
New Brunswick
Review of Programs and
Services
New Brunswick experiences small numbers of Aboriginal
Offenders in custody. This has created a system where
individualised programs are developed in co-operation with
the individual, Elders, and community links. The New
Brunswick Youth Centre has designated a Native
Awareness Centre where not only aboriginal youth,
but any youth interested in Aboriginal issues can attend a
continuous, 4-hours per week, program dealing with personal
issues, stories, ceremonies, time with Elders from the
community, and spiritual linking to the community.
Issues Affecting the Healing Process
New Brunswick aims to direct specific funding toward
provincial government projects so that global issues like
Aboriginal Court Worker programs, support
system and/or victim services can be created or enhanced. New
Brunswick wishes to strengthen community links inside
correctional institutions, beginning the first week an
offender enters an institution through contact with Elders,
ceremonies, and connections with traditional ways.
Prince Edward Island
Review of Programs and Services
Aboriginal Addiction Counsellors are
provided on an as-needed basis to meet individually with
inmates. The Mi'Kmac Family Resource Centre
counsellors provide support and counselling to men and women
and their families when requested.
Issues Affecting the Healing Process
Due to the small population of Aboriginal offenders
incarcerated on Prince Edward Island, most programming and
access to service is done on an individual basis with
community-based resources. There are positive working
relationships with these resource providers, but service is
not continuous.
Yukon
Review of Programs and Services
Yukon has a cultural component in its Batterers
Program aimed at those who assault their spouse. In
addition there are six active programs of Circle
Sentencing and each includes follow-up. Cultural
programming includes planning for sweatlodge ceremonies and
cultural programs within correctional institutions.
Issues Affecting the Healing Process
The most pervasive factor affecting the healing process of
Aboriginal offenders is the impact and the legacy of
residential schools. There are multi-faceted and
multi-generational effects that have been debilitating on
parenting skills, self-esteem, and self-worth leading to many
forms of violence including alcohol abuse, sexual abuse, and
physical abuse.
Northwest Territories
Review of Programs and Services
44% of the correctional workforce claim Aboriginal status.
Also, 60% of the Wardens and Young Offender Managers group
are Aboriginals. Achieving a significant level of aboriginal
participation in the workforce is essential for the service
to operate in a responsive manner for the offenders, the
public, and the staff. The involvement of Elders in spiritual
programs has proven particularly effective, and this
involvement in now considered essential for offender success
in established programs such as the Sex Offender
Relapse Prevention Program at the Yellowknife
Correctional Centre. There is no one program that is for
Aboriginal offenders, rather, justice for Aboriginal
offenders is conceptualized as a value system, a way of
thinking about corrections that affects all aspects of the
system, from hiring and staffing, to programs, to case
management. NWT corrections contracts for a number of
Wilderness Camps that take two or three
offenders to live a traditional life-style, on the land,
where Aboriginal values are learned through daily living.
Issues Affecting the Healing Process
The NWT finds that the effectiveness of core programs is
multiplied when they are linked to a process of healing
within an Aboriginal context. Placement within a healing
circle or with an Elder before taking Relapse Programs or
Anger Management dramatically increases an offender's chances
of success.
Nunavut
Review of Programs and Services
Currently, programs are being offered in institutions that
are being tailored to meet the needs of Inuit offenders.
These programs include: outpost camps, sex offender
treatment, substance abuse treatment, grief and loss
programs, anger management, cognitive skills training, and on
the land programs.
Quebec
Review of Programs and Services
The Para-Judicial Services of Quebec provide
assistance and support to Aboriginal individuals appearing in
court on criminal charges. A Sentencing
Circle has been created in the Naskapi community of
Schefferville. The Kativik Regional Government has hired two
Inuit Community Reintegration Officers to
work with offenders under the supervision of probation
officers. A half-way house staffed by Inuit was opened in
Nunavik in January 2000.
Issues Affecting the Healing Process
Socio-economic conditions are a major problem in many
Aboriginal communities in Quebec. Numerous social problems
include poverty, family violence, alcohol and drug abuse, and
in some communities a high suicide rate. In 1999 the Quebec
Correctional Service developed a draft policy on correctional
services for Aboriginal people. The correctional service
wants to involve the Aboriginal and individual communities in
administering services and programs on the basis of respect
for values, culture, rights and the desire for autonomy.
Aboriginal Community Corrections Initiative
Solicitor General Canada
Review of Programs and Services
The Solicitor General's Aboriginal Community
Corrections Initiative (ACCI) is a component of the
federal government's five-year strategy for Aboriginal
Justice. In this initiative the Solicitor General Canada has
undertaken a number of activities, including: the publication
and distribution of six reports dealing with aspects of
Aboriginal corrections in Canada, the Getting
Out handbook that compiles community resources for
Aboriginal inmates released into urban centres, supporting
the production and distribution of film and video products
related to Aboriginal healing and corrections, the production
and distribution of three technical manuals designed to
support the healing process in Aboriginal communities dealing
with Sexual Abuse, and support for the
Native Counselling Service of Alberta's Certificate
Program in Aboriginal Dispute Resolution.
Correctional Service of Canada
Review of Programs and Services
CSC has implemented and supported a variety of
Aboriginal-specific offender services including the
establishment of Aboriginal Elders and Aboriginal Liaison
Workers in federal institutions and six Aboriginal-operated
halfway houses. CSC continues to work towards enhancing the
role of Aboriginal communities in corrections including the
development of Aboriginal Healing
Lodges/Centers.
The Aboriginal Issues Branch has published a brochure for
wide distribution entitled: Enhancing the Role of
Aboriginal Communities in Federal Corrections.
Aboriginal Liaisons and Elders will bring attention to the
needs of offenders by promoting effective community building
for Section 81 and Section 84 agreements to be realized with
various Aboriginal communities.
The entire report National Overview of Programs, Services
and Issues Related to Aboriginal Offenders: A Report Prepared
by: Aboriginal Issues Sub-Committee to the Heads of
Corrections, Correctional Service of Canada January 2000
can be obtained by contacting:
The Aboriginal Issues Branch
Correctional Operations and Programs
Correctional Service Canada
340 Laurier Avenue West
4th Floor, Section E
Ottawa, Ontario K1A 0P8
Phone: (613) 995-5465
fax: (613) 943-0493
5. Restorative Justice
The October 12, 1999 Speech From the Throne opening the
Second Session of the 36th Parliament of Canada
indicated the government would "launch a program of
restorative justice to help victims overcome the trauma of
crime and provide non-violent offenders with a chance to help
repair the damage caused by their actions." This
reference to Restorative Justice was responsive to the broad
and growing support for Restorative Justice in Canada.
Among the important recent developments that have contributed
to the growing momentum in favour of considering greater use
of restorative approaches are:
The decision of the Supreme Court of Canada in Gladue v
The Queen, which provides a strong endorsement of
restorative justice approaches. In describing the 1996
Sentencing Reforms (C-41) as "a watershed, marking the
first codification and significant reform of sentencing
principles in the history of Canadian criminal law", the
Court referred to the concept of restorative justice which
underpins s. 718(e) ("to provide reparations for harm
done to victims or the community") and s. 718(f) of the
Criminal Code ("to promote a sense of
responsibility in offenders, and acknowledgement of the harm
done to victims and to the community") as evidencing an
intention by Parliament to expand the use of restorative
justice principles in sentencing. This decision has
significantly increased interest in the nature and
availability of restorative options for Aboriginal offenders.
The emphasis on Restorative Justice was re-confirmed by the
Court recently (January 31, 2000) in R. v Proulx.
-
Encouragement for the exploration of restorative justice
approaches by the House of Commons Standing Committee on
Justice and Human Rights in its report: Victims Rights:
A Voice, not a Veto and the government's response to
that Report which suggests the Federal /Provincial
/Territorial Working Groups on Restorative Justice and
Victims work together to ensure a sensitivity to victims'
concerns in the development of restorative justice policies
and programs. Restorative Justice has great potential for
providing victims with greater satisfaction in the criminal
justice system.
-
Most jurisdictions have restorative justice policies or
strategies or are on the verge of doing so or are
supportive of the concept (Nova Scotia, New Brunswick,
Saskatchewan, Yukon, British Columbia, Nunavut, Northwest
Territories, Prince-Edward-Island, Alberta and Manitoba).
Quebec, while by no means hostile to the concept, seems to
be taking a cautious approach. Ontario, although the
birthplace of Victim-Offender Mediation
(Kitchener-Waterloo, 1974) and home to dozens of
restorative programs (including 6 youth justice pilots) is
taking a very low-key public posture.
-
The October 1, 1999 publication of a Discussion Paper by
the Law Commission of Canada: From Restorative Justice
to Transformative Justice, which calls for greater use
of restorative approaches in conflict resolution.
-
Through the Aboriginal Justice Strategy 84 joint funded
agreements with provinces, territories, First Nations,
Metis and non-Status Indians have been implemented which
deal with a range of options under the rubric of
Restorative Justice. The profile of restorative justice has
been augmented and the federal-provincial-territorial
interest in establishing community justice initiatives has
been greatly enhanced by these agreements.
-
Introduction of the Youth Criminal Justice Act
with its statement of restorative principles and increased
opportunities for the use of restorative approaches.
-
Increasing international attention to the promise of
Restorative Justice as evidenced by the fact that it
occupied a position of prominence on the agenda of the 10th
UN Congress on the Prevention of Crime and the Treatment of
Offenders in Vienna, April 10-17, 2000.
Emerging Trends:
There are a number of promising trends in our society which
suggest a movement towards a different way of thinking about
justice and alternate ways of delivering justice services to
address the fundamental dissatisfactions. This movement
towards more restorative rather than retributive goals for
the Criminal Justice System is gaining favour in Canada and
in many countries around the globe. It is rooted in the
teachings of indigenous peoples, expressed in many faith
traditions, and has been informed by numerous schools of
thought.
Restorative Justice has come to hold a variety of meanings to
various stakeholders. There are many rapidly evolving
definitions and descriptions of its concepts. No single
definition will embrace all of the writings or perspectives
on this reform movement.
Restorative Justice has been defined as:
"Restorative justice redefines crime by interpreting
it not so much as breaking the law or offending against the
state, but as an injury or wrong done to another person or
persons. It encourages the victim and the offender to be
directly involved in resolving conflict through dialogue
and negotiation. The victim and offender become central to
the process while the state and legal professionals become
facilitators, supporting a system which aims at offender
accountability, full participation of both victim and
offender, and making good, or putting right, the wrong
(Zehr: 1990).
"In a mainstream or Retributive Justice model, crime
is seen as a violation of the state defined by lawbreaking
and guilt. Justice determines blame and administers pain in
a contest between offender and the state directed by
systematic rules. In a Restorative Justice model, crime is
seen as a violation of people and relationships and creates
obligations to make things right." (Howard Zehr,
Changing Lenses 1990)
Thus, restorative justice is more than just a practice or a
program. Rather, it is a philosophy, a way of looking at
crime and a response to crime in which the following
principles prevail:
-
Crime is viewed predominantly as a violation of
relationships among people, not just as an act against the
State. Crime results in harm to victims, offenders and
communities, and they are included among the key
stakeholders in justice.
-
All those affected by crime have roles and responsibilities
to address the harm.
-
Affected parties should be actively and equally involved in
the justice process and collectively deal with the impact
of crime.
-
There is an emphasis on restoration, problem solving, and
prevention of future harm1.
1 This material summarizes a detailed definition by Zehr and Mika (1998).
Words of Caution:
The recent interest in restorative justice activities brings
both opportunities and dangers. There maybe a tendency for
superficial replication of programs, and for the core values
of restorative justice to be diluted as government agencies
seek to quickly institutionalize restorative justice
practices. At the same time, growing public awareness and
acceptance of restorative approaches to justice is countered
by continued public calls for more retributive responses to
crime.
Another key need in the development of restorative justice in
Canada at this time is to more fully understand the
experiences and address the needs of victims of crime.
Although restorative justice activities offer benefits to
victims, these approaches may also hold some dangers, and
there is a perception held by some that to date restorative
justice has been driven more by concern for offenders than
for victims.
Critics fear that government adoption of restorative justice
will result in it simply being appended to the existing
system. Restorative justice may come to be seen as a
program or model rather than an approach or
paradigm. Or it will be equated with diversion of
"minor" cases. There may even be a tendency to
simply re-name the status quo, without a deeper examination
of attitudes, assumptions, and goals.
In recent years, people's understanding of restorative
justice has broadened beyond a particular program model or
technique. However, there is still a strong tendency to think
of restorative justice as a program rather than an approach.
Some would push this even further to describe restorative
justice as a way of life, or an area where spirituality is
essential. Clearly, issues around institutionalizing
restorative justice will be paramount in the coming decade.
Regardless of how good or desirable an idea this might be,
the result is no better than the implementation. Concerns
such as the subtle or direct coercion to participate in
programs, or the danger of dealing only with "good
victims" and "good offenders" are examples of
the risk of good ideas being implemented badly. When used for
"minor" offences, restorative justice can
contribute to "widening the net" of social control,
and increased taxpayer costs. Proper implementation of
restorative justice is extremely time and labour-intensive.
There is a temptation to try short-cuts, to rely on
volunteers to deliver services without the proper training
and backup from professional staff.
Department of the Solicitor General Activity in
support of Restorative Justice
During the last several years, the Department has assisted
with the implementation and evaluation of projects based on
restorative principles. I.e. Restorative Resolutions and the
Restorative Community Reintegration projects in Manitoba and
the Collaborative Justice Project in Ottawa. The Department
has also been active in the development of the Aboriginal
Healing model of justice through the Aboriginal Community
Corrections Initiative.
Ministry Agencies of the Solicitor General Activity
in support of Restorative Justice
Ministry agencies have also been actively involved in
implementing and evaluating restorative justice approaches.
For example, the RCMP has officially embraced the restorative
justice approach and through its countrywide training
initiative has been promoting the restorative justice method
called 'Community Justice Forum' among its own
members as well as members of the community. CSC has also
openly endorsed the strategic development of restorative
justice outlined in their Framework Paper on Restorative
Justice, including the establishment of a National Steering
Committee on Restorative Justice and Dispute Resolution. The
NPB has advanced restorative justice principles,
predominantly in their work with Aboriginal offenders and
communities (releasing circles and elder assisted hearings).
Correctional Service of Canada
National Steering Committee on Restorative Justice
and Dispute Resolution Unit
In order to further its restorative justice and dispute
resolution strategy, CSC was able to obtain support from the
Federal Government Dispute Resolution Fund that allowed it to
advance the development of a National Steering Committee.
As part of this Committee's work, fourteen pilot projects
were initiated that tested the principles of restorative
justice and applications of dispute resolution processes in a
variety of CSC settings to test their application to variety
of conflict types.
These projects included:
-
A Dispute Resolution Centre is being established at Fenbrook
Institution that will provide mediation services to staff,
offenders and community members affected by CSC's work.
-
An education package for new correctional staff has been
developed to educate them about the realities faced by the
families of offenders. The entire curriculum package has been
set contextually in a restorative framework
-
A successful mediation program has been expanded nationally,
within CSC and with the entire Public Service that provide
dispute resolution processes to assist staff who are in
conflict concerning a staffing action.
-
Two pilot education projects have been developed to sensitize
offenders to the concepts of restorative justice and to
assist them in developing awareness about the impact of their
crime on the victim
-
A regional restorative justice training model has been
developed and is currently being implemented to provide
general awareness training to staff at various levels.
-
Victim sensitivity training has been provided to staff
interested in restorative justice to help them better
understand the specific needs of victims in their work.
-
A community consultation model has been developed and tested
in Newfoundland to engage interested members of the public
and criminal justice professionals in dialogue concerning the
implementation of restorative justice.
-
A dispute resolution project has been established in the
Ontario region that has provided staff with the opportunity
to develop multi-phase conflict response models and is
providing training in dispute resolution processes.
-
A pilot project has been established at two institutions to
test the application of conflict resolution models in
responding to inmate grievances.
Ron Wiebe Award
In 1999, the Correctional Service of Canada established a
Restorative Justice award to honour the late Ron Wiebe,
formerly ally the Warden of Ferndale and Elbow Lake
Correctional Institutions. Mr. Wiebe passed away in July 1999
after an intense battle with cancer and is remembered for his
inspiration and his outstanding commitment to the field of
restorative justice.
A Selection Committee composed of Ron Wiebe's wife, a
victim, an ex-offender, community members, and criminal
justice system staff, received nine outstanding nominations
from across the country. Because of the collective
achievements and contribution of the nominee's, the
Selection Committee felt that all the them were deserving of
recognition. Each of the nominees received a certificate
honouring their contributions. Of the nine, however, two
equally deserving candidates were selected to receive the Ron
Wiebe Restorative Justice award itself.
The first Award recipients were the staff of the
Church Council on Justice and Corrections,
who are celebrating their 25th anniversary as a
pioneering organization that educates and advocates for
Restorative Justice as a way to promote peace and to
strengthen community. The award was shared by a posthumous
nominee, Eleanor Brown, a dedicated senior
citizen volunteer whose commitment to living her life in
restorative ways, helped to promote healing among many groups
and individuals in conflict and disharmony.
Other nominees included:
The Community Justice Initiatives
Association - the first Canadian organization to
offer mediation services to victims and offenders of
serious crime.
Wayne Northey - an educator and writer who
has promoted healing solutions to the problems of crime in
the various groups and organizations in which he has worked
or volunteered.
The Restorative Justice Coalition - a unique
group, composed of Community members as well as inmates and
staff at William Head Institution who have formed a study
group to explore restorative justice concepts and how they
can be applied in their lives and who have hosted two
successful public workshop on Restorative Justice, held
inside William Head Institution.
David Shantz - a CSC chaplain from Quebec
who has been instrumental in creating and fostering unique
restorative justice programs and services in that province.
Don Smith - a general manager of a
construction company based in Whitehorse who
helped the local people of the remote northern community of
Old Crow to heal from old conflicts and wounds and who
assisted them in rebuilding their community.
Mary Louie - a west coast Aboriginal Elder,
who has helped her people in prison in wise and
non-judgmental ways to move along their journeys of
accountability and healing.
David Dobson - an offender serving a federal
sentence at Fenbrook Institution who has taken his own
healing journey and shared it with others, inside and outside
prison, promoting restorative justice approaches within his
institution though workshops for lifers that have included a
focus on the needs and experiences of victims.
United Nations Congress on Crime Prevention and the
Treatment of Offenders
The Canadian delegation to the UN Congress was extremely
successful in lobbying and obtaining support for amendments
to the Vienna Declaration that supported the development of
international principles of restorative justice. Over 30
separate countries through the work of the UN Crime
Commission subsequently endorsed this work. The Crime
Commission will consider and examine a draft set of
restorative justice principles and it is expected that Canada
will have a role in convening a Meeting of Experts on this
matter.
Community Justice in the Yukon
Dena Keh
In Watson Lake, Yukon, the Liard First Nation promotes a
community justice project called Dena Keh (which means Our
People's Way in the Kaska language). Dena Keh uses the
family group conferencing model, implementing Kaska tradition
and values into this process. This process emphasizes the
importance of giving the victim the opportunity to be heard
and having the accused accept responsibility for his/her
actions. It provides people with the chance to voice their
feelings and concerns and focuses on the restoration of
harmony in the community.
The Dena Keh project offers diversion, assistance to the
circuit court with sentencing recommendations, and plans for
the reintegration of offenders into the community.
Teslin Tlingit Council Peacemaker
Court
In Teslin, Yukon, the Teslin Tlingit Council Peacemaker Court
Project has two main components: the participation of the
five Clan Leaders as an advisory panel to the circuit court
with respect to sentencing and pre-release matters; and the
operation of the Peacemaker Court which deals with diversion.
This Peacemaker Court is based on the Tlingit traditional
system of dispute resolution, and is led by the Clan Leaders.
Referrals of both adult and young offenders are accepted from
the Crown, the RCMP and from Teslin Tlingit Council members.
When Teslin Tlingit citizens are diverted from the mainstream
justice system to the Peacemaker Court they become
accountable to their community and respective Clan in a way
that is meaningful to them. The family of the offender also
becomes involved and may assist in resolving the issue.
Peacemaker Court procedures have been developed to provide
timelines to ensure that cases are dealt with in a timely
manner, meeting the requirements of the RCMP and Crown.
The Project employs a Justice Coordinator who performs
various duties to support the Project proceedings. The
Justice Coordinator works closely with the local RCMP.
VI. APPENDICES
1. The Recommendations
In addition to their statement of principles, at their May
1996 meeting Ministers endorsed 11 recommendations
-
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
At their February 1997 meeting Ministers endorsed 4
additional 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.
2. The Principles
-
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.
VII. ANNEX A
International Comparisons
Number of Inmates Per 100,000 Total Population, 1998-1999
Notes:
-
United States, estimate from U. S. Bureau of Justice
Statistics
-
Canadian estimate based upon incomplete reporting of
juvenile offenders, estimates provided by Corrections
Directorate, Solicitor General Canada
-
European statistics based upon Council of Europe, Table 1.
Situation of prisons at 1 September 1998; COE SPACE 98.1
-
England estimate provided by Home Office Research
Development Statistics, as of August 31, 1999
Summary Table 1.
Total Federal and Provincial/Territorial Adult Operational
Expenditures in Current Dollars (millions) 1990-1991 to
1998-1999
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
|
1997-98
|
1,028
|
1,049
|
2,077
|
1998-99
|
1,144
|
1,114
|
2,257
|
|
|
|
|
Percent Change 1990-91 to 1998-99(1)
|
+32.7%
|
+18.8%
|
+25.4%
|
(1) Percent change is based on unrounded figures.
Expenditures exclude capital costs
Data taken from Summary Table 6, Adult Correctional
Services in Canada, 1998-99
Summary Table
2. Average Offender Caseload in Canadian Corrections,
1990-1991 to 1998-1999
Average actual caseload
|
Year
|
Provincial/
Territorial
|
Federal
|
Total
|
Custodial(1)
|
1990-91
|
17,889
|
11,289
|
29,178
|
|
1991-92
|
18,852
|
11,783
|
30,635
|
|
1992-93
|
19,187
|
12,342
|
31,529
|
|
1993-94
|
19,230
|
13,322
|
32,552
|
|
1994-95
|
19,521
|
13,818
|
33,339
|
|
1995-96
|
19,427
|
14,076
|
33,503
|
|
1996-97
|
19,526
|
14,197
|
33,723
|
|
1997-98
|
18,955
|
13,765
|
32,720
|
|
1998-99
|
19,233
|
13,178
|
32,411
|
|
|
|
|
|
Non-custodial(2, 3)
|
1990-91
|
84,635
|
9,406
|
94,041
|
|
1991-92
|
95,970
|
9,707
|
105,677
|
|
1992-93
|
103,611
|
9,914
|
113,525
|
|
1993-94
|
106,176
|
9,967
|
116,143
|
|
1994-95
|
104,631
|
9,422
|
114,053
|
|
1995-96
|
105,130
|
9,272
|
114,402
|
|
1996-97(4)
|
110,163
|
7,405
|
117,568
|
|
97-98(4,5)
|
115,780
|
7,458
|
123,238
|
|
98-99(4,5,6)
|
110,798
|
7,778
|
118,576
|
|
|
|
|
|
Total
|
1990-91
|
102,524
|
20,695
|
123,219
|
|
1991-92
|
114,822
|
21,490
|
136,312
|
|
1992-93
|
122,798
|
22,256
|
145,054
|
|
1993-94
|
125,406
|
23,289
|
148,695
|
|
1994-95
|
124,152
|
23,240
|
147,392
|
|
1995-96
|
124,557
|
23,348
|
147,905
|
|
1996-97(4)
|
129,689
|
21,602
|
151,291
|
|
97-98(4,5)
|
134,735
|
21,223
|
155,958
|
|
98-99(4,5,6)
|
130,030
|
20,956
|
150,986
|
|
|
|
|
|
Percent Change 1990-91 to 1998-99
|
Custodial
|
+7.5
|
+16.7
|
+11.1
|
|
Non-custodial
|
+30.9
|
-17.3
|
+26.3
|
|
Total
|
+26.8
|
+1.3
|
+22.5
|
See end of Tables for Table notes
AVERAGE INMATE COUNT 1985 - 1999
Summary Table 3.
Total Admissions to Canadian Corrections(1), 1990-1991 to
1998-1999
Types of Admissions |
Year |
Provincial/ Territorial
|
Federal |
Total |
Custodial(1, 2) |
1990-91 |
207,945 |
6,186 |
214,131 |
|
1991-92 |
243,745 |
7,087 |
250,832 |
|
1992-93 |
245,746 |
7,705 |
253,451 |
|
1993-94 |
240,706 |
8,552 |
249,258 |
|
1994-95 |
238,856 |
8,020 |
246,876 |
|
1995-96(3) |
230,300 |
7,246 |
237,546 |
|
1996-97(3) |
228,382 |
7,422 |
235,804 |
|
1997-98 |
217,174 |
7,170 |
224,344 |
|
1998-99 |
210,591 |
7,418 |
218,009 |
|
|
|
|
|
Non-custodial(4, 5) |
1990-91 |
70,428 |
5,423 |
75,851 |
|
1991-92 |
85,360 |
5,603 |
90,963 |
|
1992-93 |
85,655 |
5,750 |
91,405 |
|
1993-94(6) |
86,412 |
8,196 |
94,608 |
|
1994-95(6) |
85,372 |
7,240 |
92,612 |
|
1995-96(6) |
82,476 |
7,487 |
89,963 |
|
1996-97(6) |
93,119 |
6,987 |
100,106 |
|
1997-98 |
100,581 |
7,679 |
108,260 |
|
1998-99(6) |
97,224 |
7,406 |
104,630 |
|
|
|
|
|
Total |
1990-91 |
278,373 |
11,609 |
289,982 |
|
1991-92 |
329,105 |
12,690 |
341,795 |
|
1992-93 |
331,401 |
13,455 |
344,856 |
|
1993-94(6) |
327,118 |
16,478 |
343,866 |
|
1994-95(6) |
324,228 |
15,260 |
339,488 |
|
1995-96(6) |
312,776 |
14,733 |
327,509 |
|
1996-97(6) |
321,501 |
14,409 |
335,910 |
|
1997-98 |
317,755 |
14,849 |
332,604 |
|
1998-99(6) |
307,815 |
14,824 |
332,639 |
|
|
|
|
|
Percent change 1990-91 to 1998-99
|
Custodial (3) |
+1.3 |
+19.9 |
+1.8 |
|
Non-Custodial (4) |
+38.0 |
+36.6 |
+37.9 |
|
Total (4) |
+10.6 |
+27.7 |
+14.79 |
See end of Tables for Table Notes
Summary Table 4.
Provincial Remand Admissions and Counts 1990-1991 to
1998-1999
|
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
|
107,911
|
5,734
|
1997-98
|
105,698
|
6,109
|
1998-99
|
104,975
|
6,472
|
|
|
|
Percent change 1990-91 to 1998-99
|
+14.0%
|
+37.3%
|
(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 Summary Table 5
Notes for Summary Tables
Summary Table 2
-
Refers to average actual counts. Excludes inmates
temporarily not in custody at the time of the count.
-
Provincial/territorial community data include probation,
conditional sentences and parole for those jurisdictions
operating their own parole boards.
-
Federal community data include federal offenders on day
parole, full parole, and statutory release as well as
provincial/territorial offenders released on parole in
provinces/territories that do not operate their own parole
boards.
-
Excludes Nova Scotia average count data for conditional
sentences from 1996-97 to 1998-99.
-
Provincial/territorial community average counts for 1997-98
and 1998-99 exclude Northwest Territories.
-
Provincial/territorial community average counts exclude
Prince Edward Island.
Summary Table 3
-
Provincial/territorial custody admissions include
provincial/territorial inmate admissions as well as federal
inmates admitted to the provincial/territorial system
during an appeal period prior to being transferred to a
federal penitentiary.
-
Federal custody admissions include the following types of
admissions: Warrant of Committal; sentenced
provincial/territorial offenders admitted to federal
custody; parole revocation; termination of release;
interruption; transfers from foreign countries, and other
types of admissions.
-
Provincial/territorial custody admissions for 1995-96 and
1996-97 exclude Northwest Territories.
-
Provincial/territorial community data include probation,
conditional sentences and parole for those jurisdictions
operating their own parole boards.
-
Admissions to the federal community population refers to
releases from federal custody only.
-
Provincial/territorial community admissions for 1993-94 to
1996-97, and 1998-98 exclude Northwest Territories.
VIII. ANNEX B
Websites
Solicitor General Canada
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)
Correctional Service Canada
http://www.csc-scc.gc.ca
National Parole Board
http://www.npb-cnlc.gc.ca
Justice Canada
http://www.canada.justice.gc.ca
|