Indigenous Corrections Accountability Framework: Annual report 2022 to 2023

Executive summary

This year again, Correctional Service Canada (CSC) focused its efforts to strengthen the provision of culturally driven and responsive interventions for Indigenous Offenders by advancing the utilization of sections 79 to 84 in the Corrections and Conditional Release Act (CCRA) to its full legislative intent. Addressing the over-representation of Indigenous Offenders demands ongoing and sustained collaboration across all levels of government and community. Additionally, differential outcomes for Indigenous Offenders continue to be a concern for CSC. CSC is working in partnership with Indigenous communities and organizations to provide Indigenous Offenders with innovative and culturally responsive services.

This year, the proportion of Indigenous Offenders represented 32.7% of the in-custody population compared to 32.3% in 2022 to 2023. Similarly, the proportion of Indigenous women in custody slightly decreased from 49.5% in 2021 to 2022 to 47.9% in 2022 to 2023. While the proportion of Indigenous Offenders has slightly decreased, the overall number of in custody Indigenous Offenders slightly increased.

Over the last five years, the rate of Indigenous Offenders in community compared to those in custody has generally remained the same. Around 30% of Indigenous Offenders are in community and 70% are in custody. The trend shows that CSC must focus efforts on eliminating the barriers Indigenous Offenders experience in the correctional system as they work towards release and reintegration into community.

As noted in the 2022 Commissioner Mandate Letter, CSC has been instructed to prioritize working with Indigenous organizations and communities to create additional Healing Lodges authorized under section 81 of CCRA and implement and fund initiatives for the release of Indigenous Offenders into Indigenous communities in accordance with section 84 of the CCRA. These efforts are made to ensure that Indigenous Offenders have access to culturally responsive programming and supports in the community. Both the Office of the Correctional Investigator and Missing and Murdered Indigenous Women and Girls Commission highlighted the availability and adequacy of culturally responsive correctional interventions be a priority for CSC. Additionally, as the federal government works to implement the United Nations Declaration on the Rights of Indigenous Peoples through the United Nation Declaration Act, which received royal assent in 2021, it is necessary for CSC to consider its unique role in championing the inherent right of self-determination through provisions in the CCRA, such as section 81. CSC continued to meet with and consult the National Indigenous Advisory to receive guidance around the need for CSC to think holistically and encouraged CSC to address gaps in the over representation of Indigenous Offenders and ensuring inclusion of Elders as part of the case management teams. 

CSC worked closely with Indigenous communities who have entered into agreements for the care and custody of Indigenous Offenders pursuant to section 81 of the CCRA. Following consultation with Healing Lodges authorized under section 81 of the CCRA and with advice from the National Indigenous Advisory Committee (NIAC), CSC has developed a five-year action plan for Healing Lodges funded under section 81 of the CCRA. The action plan rests on the following three Pillars:

• enhance the use of existing section 81 agreements by addressing barriers to full utilization;
• expand the use of section 81 of the CCRA through new agreements, particularly in under-served geographies; and
• enhance engagement with Indigenous partners and the whole of government to ensure the use of section 81 of the CCRA to its full legislative intent.

Through the Action Plan, CSC is broadening the scope of work to incorporate horizontal collaboration across government departments and agencies, and with Indigenous governing bodies, organizations and partners. These efforts will support the rehabilitation and healing journeys of Indigenous Offenders under CSC custody and ensure they are provided the tools and services they need to successfully reintegrate into the community. CSC is currently in discussion with community partners who are interested in entering a section 81 partnership to ensure Indigenous Offenders can serve their time and be released closer their home communities.

CSC is facing significant pressures in recruitment and retention of Elders to meet the demand of Elder participation in the provision of correctional interventions. The value and unparalleled impact Elders have in addressing reintegration of Indigenous Offenders in federal custody cannot be overstated. As the recognition of Elders increase, so does the demand. CSC Elders shared that Indigenous communities and other government departments wishing to engage Elders has also increased, in addition to CSC. In 2022 to 2023, CSC completed an Audit on the Management of Elder Services, prompting a review of how Elders are engaged in providing services to Indigenous Offenders. Subsequent recommendations called CSC to review the Elder contracting model and explore alternatives, strengthen the management framework by reviewing, clarifying and documenting the roles and responsibilities for the management of Elder Services, and ensure Elder contributions made to correctional interventions are documented and reported on. CSC is consulting with the National Elder Working Group, other government departments, and Indigenous communities to implement the outlined recommendations and ensure the approach is effective and efficient, as well as culturally responsive. 

Finally, CSC has finalized and launched the Indigenous Offender Reintegration Contribution Program (IOR-CP). The IOR-CP stems from the Community Reintegration Fund from and enables CSC to distribute funding to Indigenous organizations and governing bodies developing and/or delivering services to support the reintegration of Indigenous Offenders under federal custody upon release, including section 84 release planning. The IOR-CP is a time-efficient funding mechanism that provides an opportunity for capacity building in addition to the traditional contracting process. The IOR-CP provides an opportunity to address the overrepresentation of Indigenous Offenders by creating safer communities and strengthening community partnerships.

To address the underutilization of the funding available under the IOR-CP at its first year of implementation, CSC is developing a strategy to increase engagement with Indigenous communities and ease the program administration process to ensure full utilization of the funding. Fulfilling the intent of the IOR-CP builds community capacity, as funds provided through the IOR-CP assist Indigenous governing bodies, Indigenous not-for-profit organizations, and communities to develop internal and external capacity. Though a late start, the IOR-CP funded a single project in the Prairie region, an Indigenous community organization which provided Security Threat Group interventions for  Indigenous Offenders, from August 2022 to March 2023.

CSC strives to provide effective and culturally responsive interventions and reintegration support for Indigenous Offenders in federal custody, including First Nations, Metis, and Inuit. This year, CSC revamped the Anijaarniq Holistic Inuit Strategy (Anijaarniq Strategy). Originally created in 2013, the Anijaarniq Strategy identifies specific and distinct cultural and spiritual needs for Inuit Offenders based on a unique social history, geography, ceremony, and language. The key principles of the strategy are:

• Inuit Offenders under federal custody, who wish to and are able to, should be housed and supervised in their home communities;
• Northern communities must be partners in shaping the Anijaarniq Strategy;
• The Continuum of Care for Inuit needs to address the risks and needs of the Offender to ensure successful reintegration; and
• Meaningful partnerships across all spectrums are essential to the success of the Anijaarniq Strategy.

With the revitalization of the Anijaarniq Strategy, CSC hopes to enhance reintegration of Inuit Offenders. The updated Strategy will be externally released in the coming fiscal year.

In addition to advancing Indigenous cultural interventions, CSC announced the creation of a new position of Deputy Commissioner of Indigenous Corrections. This is a direct response to Call for Justice 5.3 of the National Inquiry into Missing and Murdered Indigenous Women and Girls as outlined in the Commissioner’s Mandate letter. The Deputy Commissioner will work in partnership with Indigenous communities and stakeholders to address the over-incarceration of Indigenous Offenders under federal custody and help to implement the many other recommendations and Calls-to-Action that fall within their purview. The National Indigenous Advisory Council played a key role in the development of this new role including work objectives and the staffing process. On March 27, 2023, CSC named Kathy Neil as the first Deputy Commissioner for Indigenous Corrections.

In the coming year, CSC will continue to strengthen relations with Indigenous communities and explore new and meaningful ways to support Indigenous Offenders under federal custody. CSC will monitor the impact of new and revitalized programs and strategies such as the section 81 Strategic Action Plan, the Contribution Program, and the Anijaarniq Strategy and is hopeful that the new Deputy Commissioner of Indigenous Corrections will be a strong advocate and leader for meaningful change.

Along with the above-mentioned information, the following annexes and infographic placemat provide detailed statistical information and trends about Indigenous Offenders under federal custody. The data presented provides a glimpse into the impacts of correctional and cultural interventions on the reintegration of Indigenous Offenders.

2022 to 2023 Indigenous Corrections Accountability Framework

Correctional Service Canada (CSC) produces the Indigenous Corrections Accountability Framework (ICAF) annually to report on progress and areas of opportunities specific to Indigenous corrections. CSC remains committed to addressing the overrepresentation of Indigenous Offenders. CSC continues to add demonstrably effective and culturally responsive interventions and reintegration supports to federal offenders.

Overrepresentation and new admissions

28% of new admissions to federal custody in 2022 to 2023 were of Indigenous descent.

Trends indicate that the overrepresentation of Indigenous Offenders is likely to increase in coming years. As a result, CSC is strengthening efforts related to Indigenous Interventions, and ultimately, reducing the overrepresentation of Indigenous Offenders.

Relationship building: CSC and partnerships

Section 81 partnerships

Correctional results suggest that Healing Lodges funded under Section 81 of the Corrections and Conditional Release Act (CCRA) contribute to improved release outcomes for Indigenous people. The number of Indigenous Offenders transferred to a Healing Lodge funded under Section 81 of the CCRA in 2022 to 2023 was low, compared to those informed of and interested in transferring to a Section 81 facility over the same time frame. However, the number of Indigenous Offenders transferred to Healing Lodges doubled from 123 in 2021 to 2022 to 256 in 2022 to 2023.

Section 84 partnerships

In 2022 to 2023, 9.1% of Indigenous Offenders in federal custody were released pursuant to Section 84 of the CCRA. The number of Indigenous Offenders released on Section 84 plans increased by 16.4% (54) since last year. The number of Indigenous Offenders who are informed of and interested in Section 84 of the CCRA remained low, compared to the overall Indigenous population at CSC. 

Evaluating CSC’s Elder engagement

Elders and spiritual advisors guide Indigenous Offenders to traditional Indigenous ways of life, based on their own teachings.

An Audit of the Management of Elder Services was completed in June 2022 with the following objectives:

1. to ensure a management framework is in place to support the effective provision of Elders services to offenders.
2. to ensure the financial and operational resources are being utilized to achieve the intended results.

154 interviews were conducted with Elders, management and staff at the national, regional, and local levels. As a result of the Audit, CSC created a Management Action Plan to address the recommendations. 

Indigenous Offender Reintegration Contribution Program

The Indigenous Offender Reintegration Contribution Program (IOR-CP) launched this fiscal year and provided a more time-efficient means of funding Indigenous communities and organizations that support offenders upon release. This funding helped foster new relationships, strengthened existing partnerships, and increased community awareness of CSC initiatives.

Profile of Indigenous offenders under CSC jurisdiction

The National Indigenous Plan

The National Indigenous Plan streamlines existing Indigenous resources and services to ensure that those offenders choosing to access the Indigenous Continuum of Care interventions are prioritized for placement at specific sites.

The ICAF has fifteen text boxes that report various indicators of the National Indigenous Plan. These indicators are divided by four themes: programs, transfers, security, and release & supervision. Each theme is organized by its own row.

Each text box has two line graphs that compare the percentage of Indigenous and non-Indigenous offenders for each National Indigenous Plan indicator. 

Each indicator is accompanied by a text box at the top right corner which identifies the percentage of Indigenous people in this category at an Indigenous Interventions Centers (IIC).

The National Indigenous Plan - Transfers

The National Indigenous Plan - Security

The National Indigenous Plan – Release and Supervision

Summary of results by indicator