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Saskatchewan

Article 11: Treatment of persons arrested, detained or imprisoned

172. Saskatchewan Justice established a committee of officials to implement the jury recommendations arising from the Coroner's Inquests into the deaths of the Aboriginal men, referred to in Canada's Fourth Report. The committee included representatives from the federal and provincial governments as well as representatives from the Aboriginal community. Most of the recommendations from the Inquests have been implemented, and others are underway. The committee is working on a final report that will outline its activities respecting implementation of the recommendations.
     
     
173. The Saskatchewan Police Commission, in its role of promoting adequate and effective policing, participated in a subcommittee of the Jury Recommendation Implementation Committee. The Committee undertook a full review of all aspects of police policy regarding the arrest, detention and holding of prisoners. The RCMP actively participated and, as a result, police policy was strengthened and aligned provincially.
     
     
174. The Department of Corrections and Public Safety (CPS) was formed April 1, 2002, bringing Adult Corrections, Young Offenders, Licensing and Inspections, and Protection and Emergency Services under one umbrella.
     
     
175. In Adult Corrections, CPS provided supervision on an average daily basis to 1,213 offenders in custody programs in 2002-03, and 1,205 in 2003-04, and to 5,617 in community correctional programs in 2002-03 and 6,095 in 2003-04.
     
     
176. With respect to Youth Corrections, CPS provided supervision to an average of 335 in youth custody programs in 2002-03, and 260 in 2003-04, and to an average of 2,438 young offenders in the community in 2002-03, and 1,964 in 2003-04.
     
     
177. The Youth Justice Administration Act was passed in 2003 to implement the federal Youth Criminal Justice Act, which introduced a new policy direction for youth justice, emphasizing risk management and integrated case management, including support for victims, families, communities and offenders, using multidisciplinary approaches.
     
     
178. One of the goals of the CPS Strategic Plan is to reduce reoffending behaviour through effective programming. Objectives under that goal are related to addressing cultural and spiritual needs of Aboriginal clients, and the effective use of diversion, alternatives to custody and offender reintegration into the community.
     
     
179. All eight youth custody facilities have staff assigned, either full time or part time, to work in partnership with local First Nations and Elders to develop, coordinate and deliver appropriate cultural programs for youth. The Department has established an ongoing forum with the Federation of Saskatchewan Indian Nations to address joint concerns and partnerships have been developed with Aboriginal organizations to provide alternative measures and day program services and cultural camps for young offenders. In adult correctional centres, Elders provide cultural, spiritual and personal counselling services. Pipe ceremonies, smudging ceremonies, drum practice, sweat lodges, pow-wows, round dances, and feasts are regularly facilitated. Specific programs such as the Balanced Lifestyle program, the Prince Albert Grand Council Spiritual Healing Lodge and the Meyoyawin Circle Project allow Aboriginal offenders to address their needs in the context of their cultural and spiritual beliefs.
     
     
180. In addition to providing cultural and spiritual programming, and partnering with Aboriginal organizations in the delivery of programs, CPS emphasizes case management planning, building stronger links with community programs and services and working with other government departments and levels of government to better integrate services for Aboriginal people.
     
     
181. The Commission on First Nations and Métis Peoples and Justice Reform (referred to in Canada's Fourth Report) released its final report on June 21, 2004, after having released three interim reports. The final report emphasized the need for a community-based approach in which communities provide justice services as much as possible, and in which restorative approaches and alternatives to court and incarceration are used at every opportunity. Its recommendations fall under the following themes:
     • Improving the way the justice system operates for First Nations and Métis communities – This involves improving the relationship between the justice system and Aboriginal peoples as well as improving the effectiveness of justice services.
     • Closing major gaps in the operations of the justice system, as well as in the structure of many First Nations and Métis communities – This involves specific justice reforms and initiatives to foster the development of Aboriginal leadership, promote integration, and address jurisdictional debates that affect the ability of communities to address offending and victimization.
     • Looking beyond the justice system – This involves reducing reliance on the justice system to solve social problems, and addressing the root causes of crime.

182. The Commission's recommendations cover a wide range of topics, from developing crime prevention initiatives to fostering youth leadership.
     
     
183. In terms of policing, the Commission recommended that the Saskatchewan Police Commission establish a broad strategy to address racism within police services. This strategy would include screening potential police officers to ensure that candidates with racist views are not hired, a remedial training program for officers who exhibit racist views, and a strategy to hire more Aboriginal police officers. The Commission also endorsed a community policing approach and recommended the development of a new process for handling complaints against the police. Moreover, to ensure that charges are used only when community-based options are not appropriate, the Commission recommended that police services be required to prepare reports justifying decisions in which matters are not diverted, and that a provincial pre-charge screening program be developed in which Crown prosecutors would consider whether a matter could be referred to a community-based justice initiative as an alternative to court.
     
     
184. The Commission also made a number of recommendations regarding corrections. For example, the Commission recommended that there be greater availability of cultural and spiritual programming for incarcerated offenders, and that community-based programs be funded to aid offenders from the transition between prison and their release into the community. It also made recommendations regarding the provision of programming for female inmates and the establishment of a program to address the effect of parental incarceration on children. Additionally, the Commission called for the closure of two wings in the Regina Correctional Centre that are in need of repair, and recommended that all levels of government fully resource the implementation of the Youth Criminal Justice Act, particularly in terms of provisions that address community supervision for young offenders.
     
     
185. The Government of Saskatchewan has endorsed the themes in the Commission's reports. A number of the Human Services departments have new initiatives in 2004-05 that respond to the recommendations of the Commission. Further, in a process led by Saskatchewan Justice and Saskatchewan Corrections and Public Safety, thirteen provincial government departments will develop a detailed provincial response to the recommendations. This response, which will be completed by January 2005, will be implemented over the next few years in a coordinated way across government. For example, each of the thirteen departments will develop new actions that are consistent with the provincial government response in their fiscal and strategic plans for 2005/06. This process will ensure that government has time to fully assess the scope of the Commission's recommendations and proceed in an integrated manner.
     
     
186. As part of its terms of reference, the Commission was asked to make recommendations about an implementation structure to oversee the implementation of its recommendations once its term ends. Discussions are occurring among the Government of Canada, the Government of Saskatchewan, the Federation of Saskatchewan Indian Nations (FSIN) and the Métis Nation-Saskatchewan (MNS) about how to support an implementation structure, and the form that the implementation structure should take.

Article 12: Impartial and immediate investigation

187. The appeal of the conviction and sentence by the two police officers charged with the unlawful confinement of Darrel Night (referred to in Canada's Fourth Report) was dismissed March 13, 2003.
     
     
188. Canada's Fourth Report referred to an investigation into the death of Neil Stonechild. A public inquiry into the death of Neil Stonechild was established February 20, 2003. The Commission of Inquiry held approximately ten weeks of hearings, beginning September2003 and concluding May 19, 2004. The Commissioner's final report is expected in the fall of 2004.

Article 13: Allegations of torture or abuse by authorities

189. Saskatchewan Justice is working with the police, the FSIN and MNS to revise the public complaints process so that it will enjoy the trust and respect of Aboriginal leaders and complainants. The process will involve an independent review of all public complaints against the police and will include participation from the Aboriginal community through a review panel. Saskatchewan Justice is also examining ways in which the federal RCMP complaints process can be aligned with the provincial process.

*Some of the complaints filed included multiple complaints and findings.

*The 2000-2001 Annual Report of the Saskatchewan Police Complaints Investigator does not classify the substantiated and unsubstantiated complaints; it classifies only total complaints, including unfounded and withdrawn complaints.

Article 14: Redress, compensation and rehabilitation

190. Saskatchewan has a Victims Compensation Program, the purpose of which is to provide compensation to a person who has suffered physical, mental, emotional or economic harm by reason of an act that is in violation of one of the criminal offences described in the Regulations. These are personal violent crimes, including assaults.
     
     
191. While compensation may not help with all of the concerns of victims of crime, it is one way to acknowledge the effect of the crime and help pay for some of the associated costs. Types of expenses covered by the program are loss of earnings, most medical expenses authorized by a physician, dental expenses, counselling, funeral expenses and travel costs. If the costs are covered by other sources, then compensation would not be payable. Saskatchewan does not provide payments of compensation for pain and suffering.

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