Response from the
CORRECTIONAL SERVICE OF CANADA
to the
32nd ANNUAL REPORT
of the
CORRECTIONAL INVESTIGATOR
2004-2005
PDF
TABLE OF CONTENTS
INTRODUCTION
MENTAL HEALTH SERVICES
WOMEN OFFENDERS
ABORIGINAL OFFENDERS
INMATE GRIEVANCES, ALLEGATIONS OF HARASSMENT, AND STAFF MISCONDUCT
CASE PREPARATION AND ACCESS TO PROGRAMS
POPULATION MANAGEMENT
SECURITY CLASSIFICATION OF OFFENDERS
ANNEX A
ANNEX B
INTRODUCTION
The Correctional Service of Canada (CSC) pursues its public safety mandate within a framework of human rights. Recently, we introduced
the " Can I? May I? Should I ?" model, that requires staff to test every decision fromoperational, statutory,
and values-based perspectives. Over the last several years, CSC has significantly enhanced its capacity to account to Canadians on
its performance with regard to human rights and safe reintegration of offenders by developing more sophisticated data collection,
analysis, and reporting tools. CSC appreciates the important role of the Correctional Investigator (CI) in conducting investigations
into the problems of offenders related to its decisions and actions.
There are ongoing interactions between correctional investigators and wardens on operational issues. Regional Deputy Commissioners
(RDCs) meet with CI representatives several times a year to discuss specific concerns in each region and to ensure follow-up. In
the case of systemic issues identified, CSC works with the Office of the Correctional Investigator and other stakeholders to resolve
them. Recent examples of such collaborative efforts include: universal access by offenders to computers, use of ion scanners and
approvals of compassionate Escorted Temporary Absences (ETAs). Often we implement agreed actions. In some cases, solutions are not
readily apparent to either the CI or CSC given the complexity of challenges in the correctional environment. This can result in delays
in performance improvement. Where we disagree with the statement of the problem or the proposed solution , we continue
to seek clarification and explore ways to resolve underlying issues.
In the past several years, CSC has undertaken a number of initiatives to better address the needs and risks of our current offender
population. They range from the development and implementation of programs and interventions more specifically targeted to Aboriginal,
women, and higher risk offenders, to more creative approaches to security and community outreach.
Results continue to improve in spite of a more complex offender population profile. In fiscal year 2004-2005, there was a 26% decrease
(from 70 to 52) in major violent incidents compared to the previous year, the highest annual decrease in the past six (6) years.
Moreover, major disturbances went down 87%, from eight (8) to one (1). There were nine (9) suicides, which is below the preceding
five (5) year period's annual average of 11.4. There was one (1) major assault on staff compared to none (0) in the previous year.
But, overall, in the last five (5) years, the average number of major incidents per 1000 inmates (flow-through population) in fact
decreased from 4.8 to 3.0. At the same time, violent re-offending rates, for offenders under supervision, have remained stable for
the past two (2) years at less than 2%. CSC continues to be vigilant in its efforts to prevent and address every
incident.
The following is CSC's response to the Correctional Investigator's Annual Report for 2004-2005. A response is provided to each recommendation.
Annexes provide clarification and further details on information provided in the Correctional Investigator's Annual Report.
MENTAL HEALTH SERVICES
Recommendation #1:
(a) I recommend that the Service secure and commit adequate funding for the timely implementation of its entire mental
health strategy.
Agree
The Government of Canada has set aside $29.5M over 5 years to fund the Community Mental Health component of the Strategy. The funds
will be used to address discharge planning up to two years in advance of release, ambulatory care services, specialized mental health
staff working out of Parole Offices to provide support to offenders with mental disorders in Community Correctional Centres (CCCs)
and Community Residential Facilities (CRFs), annual mental health training for staff of the Parole Offices, CCCs and CRFs, and contracts
for specialized services to address the needs of offenders with mental disorders in the community.
The funds required for full implementation of the remaining three components of the Strategy are significant. CSC will participate
in an inter-departmental response to Senator Michael Kirby's final report and recommendations on mental health in Canada , under
the leadership of Health Canada . We are hopeful that such initiatives will lead to opportunities for additional funding. The CI's
support in securing the funds necessary to fully implement its Mental Health Strategy is appreciated.
(b) I recommend that the Service take immediate steps to sensitize and train all front-line staff to appropriately identify
disruptive mental health behaviour and respond accordingly.
Agree
As noted above, some of the funds approved for the Community Mental Health Strategy will be used for annual mental health training
for staff of the Parole offices, CCCs and CRFs. This training will be focused on the practical skills that staff require to understand,
support and effectively intervene with offenders with mental disorders living in the community.
A training module on the recognition of and appropriate response to the behaviours of offenders with mental health disorders will
be developed by Health Services in consultation with Learning and Development for all new recruits by October 31, 2006 . This module
will also be used to train all staff who have regular contact with offenders.
These training initiatives will supplement the Dialectic Behavioural Therapy (DBT) and Psycho-social Rehabilitation (PSR) mental
health interventions already in place.
WOMEN OFFENDERS
Recommendation #2:
I recommend that in May of 2006 the Minister appoint an Expert Committee to publicly report on the progress detailed
in the Service's response on the advancement of human rights, fairness and equity issues since Madame Justice Arbour's report
of 1996 -- the Committee's report to be provided to the Minister by October 2006.
CSC agrees that an expert committee will review and comment on the ten (10)-year status report on women's corrections prepared by
CSC.
Between April 2003 and January 2004, three reports were issued on federal corrections for women, by independent agencies: the Auditor
General, the Standing Committee on Public Accounts and the Canadian Human Rights Commission. The reports noted progress made to date.
As well, CSC received favourable feedback on steps it is taking to address recommendations, particularly from the Canadian Human
Rights Commission and the Committee against Torture (CAT). This Committee is under the auspices of the United Nations High Commissioner
on Human Rights. Madame Arbour currently holds that position.
In September 2005, Her Majesty's Inspectorate for Prisons for England and Wales will be assessing the overall health of operations
at Nova and Grand Valley prisons for women over a two-week period.
The Service is preparing a ten (10)-year status report on women's corrections, which will provide a detailed response to all of
the recommendations in the Arbour Report as well as other relevant reports.
Annex A clarifies and provides further details on results for women offenders presented by the Correctional Investigator in his
Annual Report.
ABORIGINAL OFFENDERS
Recommendation #3:
(a) I recommend that the Service modify its governance structure and immediately appoint a Deputy Commissioner for Aboriginal
Offenders with the authority to implement the Service's Strategic Plan for Aboriginal Corrections.
To be determined
A review of CSC's governance structure is underway. The decision on whether to appoint a Deputy Commissioner for Aboriginal Offenders
will be made within that context. In the interim, the Senior Deputy Commissioner champions Aboriginal issues at the Executive Committee
and with external partners.
CSC, in consultation with Aboriginal communities and Elders, has been focussing on the development and implementation of approaches
to corrections that work for First Nations, Inuit and Métis offenders. Results are showing improvement despite Aboriginal
Offenders' initial higher risk/needs ratings due mainly to the number and severity of previous offences.
Annex B highlights some of these results.
(b) I recommend that the Service publicly release quarterly reports on the implementation of its Strategic Plan for
Aboriginal Corrections, along with the quarterly performance reports on Aboriginal issues currently being developed by the Service.
Agree
Starting in the fall of 2005, quarterly reports will be produced.
INMATE GRIEVANCES, ALLEGATIONS OF HARASSMENT, AND STAFF MISCONDUCT
Recommendation #4:
(a) I recommend that the Service take immediate steps to overhaul its operations and policies in the area of inmate
grievances to ensure fair and expeditious resolution of offenders' complaints and grievances. The review should include a specific
focus on addressing harassment and staff misconduct grievances.
Agree -- already begun.
CSC is currently conducting a national review of the Offender Redress Process which will be completed by February 2006. The review
addresses the efficacy of the current processes, as well as resource requirements and reporting structures.
The policy and processes of harassment and staff misconduct grievances are being strengthened. As well, monitoring and reporting
processes were assessed and new tools have been developed to help ensure compliance with law and policy. The action plan addresses
accreditation and training of harassment investigators, as well as the differentiation between staff performance and harassment for
coding purposes. This will improve our capacity to accurately respond to and report on harassment grievances
(b) I recommend that an external consultant be retained to assist the Service's review of its operations and policy
to ensure fair and expeditious resolution of offenders' complaints and grievances, and to improve its use of evidence-based strategies
to ensure consistency in addressing areas of offender concern.
Agree to review operations and policy concerning offender complaints and grievance system.
Rates of timeliness nationally have remained fairly steady in the last three (3) fiscal years at around 78%. This year it has slightly
decreased (- 2%) from last year. At the third level, timeliness continues to be a serious challenge and must be addressed. The review
will address these issues.
The focus over the last two years has been on improving the quality of responses and follow-up as well as identification of systemic
issues and suggested corrective measures. The Senior Deputy Commissioner, as the delegated signatory, has reviewed all third level
grievances and has followed-up on issues of management accountability and policy interpretation. The average number of grievances
upheld has risen from 13% from 2001 to 2003, to 24% in the past two (2) fiscal years. As a result of these efforts, we are starting
to see evidence of improved policy application by the field and a greater commitment to a culture of human rights.
CASE PREPARATION AND ACCESS TO PROGRAMS
Recommendation #5:
I recommend that the Service immediately develop a responsive action plan to implement the recommendations of the Correctional
Service of Canada/National Parole Board/Office of the Correctional Investigator Joint Review Report on F actors Causing Delays
in NPB Reviews in collaboration with the parole board and the Office. The action plan should include a strong audit and evaluation
component.
Agree
Although the initial working group has been disbanded, CSC has enlarged the scope of this initiative and set robust re-entry for
each offender as a priority for the executive cadre. The purpose of this initiative is to try to ensure that every offender has employment,
housing, and a support system on release to the community.
Accountability mechanisms have already been enhanced through the Corporate Reporting System, a Management Control Framework, and
an appropriate evaluation framework to monitor the implementation of the recommendations and results.
The CI and CSC have agreed to quarterly meetings to monitor results and processes in this, and other areas.
POPULATION MANAGEMENT
Recommendation #6:
(a) I recommend that the Service immediately adopt the independent adjudication model for administrative segregation
proposed by the Department of Public Safety and Emergency Preparedness Canada.
Under consideration
The Corrections and Criminal Justice Directorate (CCJD) of the Department of Public Safety and Emergency Preparedness Canada (PSEPC),
responsible for legislative policy, completed a review on the need for independent adjudication in 2004, and recommended its implementation.
CSC requested some time to seek operational alternatives to better address concerns with regard to procedural fairness and overuse
of segregation before determining an appropriate model for oversight. CSC will work with the CCJD to generate alternate models while
continuing to focus attention on the operational concerns, and will present an Action Plan by December 1, 2005 .
CSC is committed to restricting confinement only when an offender poses a risk to safety and security or when an individual is at
risk in the general population. CSC is accountable for the consequences of its decisions on segregation placements, releases and
conditions, given its mandate to maintain a safe, secure and humane environment for staff, offenders and the public. Our staff's
specialized correctional knowledge and expertise and understanding of individual cases and institutional realities, positions them
well to make decisions on the potential of an individual offender to successfully reintegrate into the general population.
CSC's current focus is on prevention of the types of behaviour that would result in admission to segregation. We are currently designing
and implementing integrated correctional intervention strategies targeted to groups of individuals having similar profiles. Such
strategies include formal programs, scheduled use of tim e, and appropriate security measures. The objective of each strategy is
to help ensure progressive offender rehabilitation and ul tim ately safe reintegration.
(b) I further recommend that the Service conduct a comprehensive review on the rights, entitlements, access to programs,
level of association and applicable procedural safeguards for all of its sub-populations that are not considered to be the general
inmate population or administrative segregation. The review should be completed by March 31, 2006 ,
and specific recommendations should be made to ensure legal compliance with due process/fairness requirements and the application
of less restrictive alternatives.
Agree
CSC will undertake a review of current approaches to population management to be completed by the end of the fiscal year. The purpose
of the review is to ensure that existing units are in compliance with law and policy. More specifically, the review will address:
- the number and purpose of units that exist;
- whether placement is voluntary or involuntary;
- the link between offenders' Correctional Plans and offender placement;
- conditions of confinement;
- the daily routine of the units;
- availability of programs; and
- average length of stay.
SECURITY CLASSIFICATION OF OFFENDERS
Offender Security Classification
Recommendation #7:
I recommend that the Service, with the assistance of outside experts in women-centered and Aboriginal approaches, implement
a responsive immediate, medium- and long-term strategy to ensure that the observed systemic discrimination of women and Aboriginal
offenders in terms of security classification and timely conditional release cease.
Agree
The lack of specific instrumentation for women and Aboriginal offenders requires the Service to develop and test new processes.
CSC believes that classification systems should be appropriate for men and women offenders as well as Aboriginal and non-Aboriginal
offenders and that validation studies should be specific to these groups of offenders. Consequently, the Service has soughtexternal
expertise to improve the design and development of security classification devices for women (including Aboriginal women) to enhance
public, staff and offender safety. With respect to Aboriginal men, we are reviewing the applicability of existing tools.
Classification of Offenders serving Life Sentences (2-year rule)
Recommendation #8:
For a fourth consecutive year, I recommend that the Service immediately repeal its illegal policy which requires that
federally-sentenced offenders serving a minimum life sentence for first- or second-degree murder be classified as maximum security
for at least the first two years of federal incarceration. Failing a positive response from the Service, I continue to look to
the Minister's leadership to ensure that this illegal policy is rescinded as soon as possible.
Disagree
Given the gravity of the crime committed and the length of sentence imposed, the needs and risks of offenders serving sentences
for first or second degree murder are particularly complex. Therefore the presumption for initial placement for such offenders is
maximum security, unless it is determined that the individual characteristics of the offender or the risk posed is manageable at
a medium-security institution. The maximum timeframe for re-assessment of security level is two years, allowing for observation and
assessment of the offenders' behaviour and needs. Significant changes to situations result in immediate reviews. Outcomes continue
to be monitored. No change in approach is anticipated at this time.
CSC has recently expanded its programs to more specifically address the needs of this population.
Annex A
CURRENT STATUS OF ISSUES RAISED RELATING TO WOMEN OFFENDERS IN THE CI'S 2004/05 ANNUAL REPORT
ISSUE |
UPDATE/RESULT |
Over-classification of Women
|
- 5% initially classified at the maximum-security level;
- 44% and 51% initially classified at the medium and minimum levels, respectively.
|
Gender Responsive Tools |
- Proposals for development of Initial Classification Tool received in July, 2005, with
completion of tool anticipated in 2008.
- Security Reclassification Scale for Women Offenders (SRSW) implemented on June 1, 2005 :
- recommends more placement of women at minimum security, and fewer at medium and maximum security;
- significantly more predictive of institutional misconduct than the structured clinical assessment;
- valid for Aboriginal women.
|
Segregation
(from 2003-04 to 2004-05) |
Voluntary
- significant decrease in admission, from 40 to 26;
- significant decrease in number of women that spend 10 days or less, from 39 to 20;
- slight increase in the number of women that spend between 11 to 31 days, from 1 to 6
Involuntary
- slight reduction in admissions, from 258 to 249;
- slight decrease in the number of women who spend 30 days or less, from 239 to 233;
- slight decrease in the number of women who spend between 31 and 275 days, from 19 to 16.
- Introduced pilot of biannual reviews of cases of 30 consecutive or 60 cumulative days in a year spent in
segregation to identify preventive strategies and best practices;
- Opening of the women's unit at Institut Philippe Pinel de Montréal (IPPM) in May 2004 has assisted
in alleviating the long-term segregation situation.
|
Re-offending Rates |
- 2003-04: the revocation rate for women offenders was: 0.56% (3 out of 534) for violent
re-offending, and 4.68% (25 out of 534) for non-violent re-offending;
- 2004-05: the revocation rate for women offenders was: 0.39% (2 out of 519) for violent re-offending and 4.43%
(23 out of 519) for non-violent re-offending.
|
Access to Gender-Specific Programs
|
- Programs specific to women, based on advances in knowledge about women offenders,
now include, among others:
- Women Offender Substance Abuse Program;
- Survivors of Abuse and Trauma;
- Circles of Change;
- Spirit of a Warrior (two programs specifically developed for Aboriginal women);
- Mother-Child program;
- Peer Support program;
- Pawsitive Directions;
- Mentoring programs;
- Dialectical Behaviour Therapy (DBT) (offered in Structured Living Environments and Secure Units) ;
and
- Psycho-social Rehabilitation (PSR) (offered in Secure Units)
- Some programs have been modified to allow for continuous entry;
- CSC is closely monitoring waiting lists.
|
Meaningful Employment and Employability Programming |
- Employment and Employability Skills Program was developed in conjunction
with the Conference Board of Canada and piloted at two institutions.
- training will be provided to trainers in the fall of 2005;
- program will be offered at all sites in 2005/06.
- In 2004-2004, 8% increase in the number of women assigned employment from previous FY, from 487 to 525 women.
|
Training in Women-Centred Approaches
|
- The Women Centred Training Program is mandatory for all staff working with women and
is part of the National Training Standards;
- sensitizes staff to issues of sexism, racism, disability, sexual orientation, physical and or sexual abuse,
self-injurious and suicidal behaviour, addictions, mental health issues and Aboriginal traditions and spirituality with
a focus on women;
- Refresher training will be implemented in 2007.
|
Annex B
HIGHLIGHTS OF RESULTS FOR ABORIGINAL OFFENDERS
ISSUE |
UPDATE/RESULTS |
Statutory Release |
- Remains true that Aboriginal offenders are more likely than non-Aboriginal offenders
to be in the community on statutory release (48% vs. 34%) than on full parole (34% vs. 52%).
|
Over the last five (5) years, despite initial higher risk/needs ratings, CSC
has managed to :
|
Community Supervision |
- Maintain the proportion of Aboriginal offenders in the community at approximately
32%.
|
Day Parole |
- Increase the Day Parole grant rate for Aboriginal offenders by 7.5%.
|
Re-incarceration Rate (new offence) |
- Decrease the percent of Aboriginal offenders revoked with a new offence by 28.4% (from
243 to 174).
|
Support in Aboriginal Communities |
- Increase involvement of, and support from Aboriginal Communities, in offender release
plans;
- Marked improvement in management and use of Healing Lodges:
- Willow Cree Healing Lodge at full capacity one year after opening;
- Ochichakosipi Healing Lodge nearing full capacity.
|
Recruitment and Representation |
- CSC is second only to the Department of Indian and Northern Affairs in terms of recruitment
and representation in the federal public service.
- As of March 31, 2005 , 951 (6.6%) of 14,338 employees were identified as Aboriginal. (it should be noted that
the Workforce Availability Estimate of Aboriginals Canada-wide, is 4.7%, based on 2001 Census and 2001 Participation
and Limitation Survey (PALS).
- These 951 employees are distributed across functions and regions, given the distribution of Aboriginal offenders
|
|