BACKGROUNDER

The 1995 Budget indicated that a strategy would be developed for containing the rate of growth of the inmate population and the associated correctional costs. This was confirmed in the 1996 Speech from the Throne, which pledged that the Government "will focus corrections resources on high-risk offenders ... while developing innovative alternatives to incarceration for low-risk offenders."

This distinction between high- and low-risk offenders is key to the Government's balanced approach. Public safety has and will remain the Government's number one priority, but not all offenders need to be incarcerated to achieve this goal. Many low-risk, non-violent offenders can be dealt with more effectively through community-based alternatives, while still ensuring society's long-term protection. The result will be a more efficient and effective criminal justice system which is in all Canadians' interest.

This balanced approach also responds to the growing problem of corrections population growth and serious overcrowding in Canada's federal penitentiaries. The federal inmate population increased by about 22% from 1990 to 1995; and if current trends continue, it will increase another 50% in the next ten years.

At 130 per 100,000, Canada's incarceration rate is higher than most other western democracies. Although it is exceeded by Russia (558), the US (529) and South Africa (368), it is far above countries such as the UK (92), France (86) and Germany (81 ).

The Government's Response

The Government's approach to sentencing and corrections reforms is the result of consultation with provincial and territorial governments as well as advice from the National Crime Prevention Council, national voluntary organizations and other part ners in the criminal justice system.

Low-risk initiatives will be actively promoted with other levels of government, including sentencing reforms, community diversion programs, greater use of risk assessment techniques and alternative sanctions. These reforms will make it possible for low-risk, non-violent offenders to serve more of their sentence in the community.

Sentencing Reform

Sentencing reform is an important component of the package. On September 3, 1996, Chapter 22 of the Statutes of Canada (formerly Bill C-41, Sentencing Reform) was proclaimed into law. This Act amends the sentencing provisions of the Criminal Code. It provides the foundation for the provinces and territories to establish alternatives to incarceration for adult, first-time or less serious offenders. It gives the courts more options to distinguish between violent, serious crimes that require jail and less-serious crimes that can be dealt with in the community. It also adds a new type of sentence to the Criminal Code, called a "conditional sentence", that will allow more offenders guilty of less-serious crimes to serve their sentences in the community under appropriate control and supervision.

The Act includes a statement of the purposes and principles of sentencing. For example, a sentence must be proportionate to the seriousness of the offence and the degree of responsibility of the offender. Other sentencing principles are that an offender should not be deprived of liberty, if less restrictive sanctions are appropriate; and that alternatives to incarceration should be used where appropriate.

Federal/Provincial/Territorial Cooperation

The Government's approach reflects the growing cooperation between F/P/T Ministers responsible for Justice, and supports the joint approach they have adopted on correctional issues. At their annual meeting in May 1996, Ministers endorsed and publicly released a report on "Corrections Population Growth" which spells out some of the common principles which will guide further collaborative action. In particular, the report states that:

- "The best long-term protection of the public results from offenders being returned to a law-abiding lifestyle in the community."

- "Incarceration should in most cases be used only where public safety so requires, and we should seek alternatives to incarceration if safe and more effective community sanctions are available."

The Government will be pursuing several other low-risk measures. They include:

- Greater use of risk assessment techniques. In particular, judges, crown attorneys and defence counsel will be encouraged to identify offenders, prior to sentencing, who could be safely managed in the community.

- More frequent use of day parole. This supports offenders' rehabilitation and encourages their safe return to the community, under controlled and supervised conditions. The Corrections and Conditional Release Act will be amended so that non-violent, first-time federal offenders become eligible for day parole after serving one-sixth of their sentence. (Offenders usually become eligible for full parole after having served one-third of their sentence. They must currently wait until six months prior to that date, to become eligible for day parole). Offenders come from the community and almost all will return to the community, so the best long-term public protection is their gradual release under strict control and sup ervision.

- The Correctional Service of Canada will make more intensive use of case management techniques, to reduce the likelihood of offenders being re-incarcerated.

- There will also be a concerted effort to reduce the over-representation of Aboriginal Canadians in the correctional system, as part of the Government's Aboriginal Justice strategy. Examples include making greater use of sentencing circles and healing circles, and exploring other restorative justice measures.