Appearance before the Standing Committee on Public Accounts (PACP): February 9, 2023

Table of Contents

1. Opening remarks

I would also like to acknowledge that we are on the traditional unceded territory of the Algonquin Anishinaabe people. Joining me today are Alain Tousignant, Senior Deputy Commissioner, and Larry Motiuk, Assistant Commissioner of Policy.

It is a pleasure for me to appear today to discuss our actions relevant to the Auditor General's report on Systemic Barriers. I thank the Auditor General and her office for their recommendations, all of which I have accepted. I will focus my remarks today on the highlights of our progress to date.

Through this report, and other incidents in the news, we are reminded of the existence of systemic barriers and racism within the criminal justice system, and how we collectively need to do more.

Since becoming Commissioner, I have made it a priority for CSC to be a safe, respectful, diverse, and inclusive organization. CSC continues to make this a priority while, at the same time, doubling down on our efforts to overcome the operational disruptions caused by the pandemic.

Overrepresentation

This includes working to address the overrepresentation of Indigenous and Black offenders within the federal correctional system.

We know that the rate of admissions to federal custody of Indigenous peoples continues to grow, as it has for the past 10 years. For example, last year, Indigenous offenders represented 35% of our admissions.

While CSC cannot influence the decisions that bring offenders into our custody, it is our responsibility to improve outcomes for offenders by providing them opportunities for effective rehabilitation.

We have implemented a number of initiatives to accomplish this and are in the process of hiring a Deputy Commissioner for Indigenous Corrections.

We have also been working to develop a national Black Offender Strategy to identify new opportunities to address Black offenders' unique lived experiences and the barriers they may face.

I am encouraged that our efforts are yielding positive results.

For example, in 2021-22, high percentages of Indigenous and Black offenders were not re-admitted to federal custody within five years following the end of their sentence (83.2% and 85.8%, respectively).

Custody Rating Scale / Reassessment of security

In her report, the Auditor General raised concerns about CSC's Custody Rating Scale or CRS. The CRS is one component of a systematic and comprehensive process in how we assign an initial security level to federally sentenced offenders, but it does not define the final placement decision. 

In addition to conducting ongoing research to ensure our actuarial tools are reliable and valid, I signed an MOU with the University of Regina, who is working at arms-length to develop an Indigenous and gender-informed security classification process.

CSC is also undertaking an extensive validation exercise of the Custody Rating Scale for Black men offenders and a revalidation for women and Indigenous offenders in collaboration with four external experts.

Correctional programming

One of the ways that we can better meet the offender's needs is through correctional programming.

Results indicate that CSC's correctional programs are equally effective across a broad range of ethnic groups. Offenders who participate in programs are less likely to recidivate than non-participants, regardless of ethnic background. But, as the Auditor General has indicated, timely access is key.

Offenders who are serving short sentences and have an identified program need are being prioritized and, in fact, we have already seen an increase in the percentage of those who complete their program prior to first release (60.6% in 2nd quarter to 63.7% in third quarter of 2022-23).

We also have a Virtual Correctional Program Delivery initiative, which will modernize program scheduling, referrals, and assignments, and ultimately improve offenders' timely access and completion of correctional programs.

Representation

In addition to the actions that I just mentioned, we also strive to better reflect the diversity of the offender population in the staff who work with them.

CSC has set ambitious representation objectives for Indigenous peoples and visible minorities in its workforce, which take into account the offender representation at each of our facilities.

CSC is also formalizing its gender representation objectives at women's institutions. Currently, all five Wardens of our women's institutions and healing lodges are women and include representation from Indigenous and visible minority groups. In addition, on average, 75% of Primary Workers in our women's facilities are women.

Since the publication of the Auditor General's report, we have completed an Employment System Review, which has informed our 2022-25 Comprehensive Plan for Employment Equity, Diversity and Inclusion.

Conclusion

In conclusion, it has been a challenging few years, and I want to thank all of our employees for their continued hard work and commitment as we continue to balance many priorities, and make important progress on numerous fronts.

As Commissioner, I remain steadfast in my commitment to support positive outcomes for Indigenous, Black, and other racialized Canadians in the correctional system.

This includes taking meaningful action to address the recommendations made by the Auditor General, and the Correctional Investigator and other external advisory bodies, to sustain lasting, positive change.

Thank you.

2. CSC's hot issues

2.1 Auditor General Report on Systemic Barriers

Proposed response

Background: Auditor General Report on Systemic Barriers

On May 31st, 2022, the Auditor General tabled their report entitled Systemic Barriers. The audit period was from April 1, 2018, to December 31, 2021. It focusses on whether CSC programs respond to the diversity of the offender population to support their timely, safe, and successful reintegration to the community and includes an examination of policies and practices to promote workplace equity, diversity and inclusion.

Key findings include:

In responding to these previous concerns, CSC has developed concerted strategies to tackle systemic barriers in federal corrections, such as setting workforce representation objectives that take into account the offender population and implementing an oversight practice during risk assessments for Indigenous offenders, which includes consideration of their unique systemic and background factors.

As CSC continues to remove systemic barriers within correctional services, reports such as the Auditor General's will support CSC on identifying gaps and areas of concern in its programs and services in order to create a system in which the focus of all offenders will be timely and successful rehabilitation.

2.2 Overrepresentation of Indigenous, Black, and Racialized Offenders

Proposed response

Background: Correctional Interventions for Indigenous, Black, and Racialized Offenders

CSC provides moderate and high intensity structured interventions called correctional programs. Higher intensity programs are longer than moderate intensity programs in duration and generally provide offenders with more opportunities for skill rehearsal.

In line with evidence-based practices, offenders are referred to the correctional program at the intensity that is matched to their level of risk. Research demonstrates that matching program intensity to the level of risk enhances program effectiveness. Moreover, research indicates that the higher the offender's risk and need is, the higher level of intensity of the program is required must be in order to be effective and reduce re-offending.

Research demonstrates that these programs respond equally well to the needs of ethnocultural offenders. Ethnocultural offenders, including Black offenders show a decreased likelihood of recidivism after participating in correctional programs and comparable post-release outcomes (Usher & Stewart, 2011). Findings from a recent Evaluation (2021) indicated that those who completed the CP experienced significant reductions in the likelihood of being returned to custody, either for any reason or for a new offence, relative to CP incompletes and eligible non-participants. The effectiveness of the CP did not vary across offender subgroups, indicating that White offenders, Black offenders, Indigenous offenders, and other Ethnocultural offenders all experienced comparable reductions in the likelihood of a revocation. The same results were also observed for the Community Maintenance Program (CSC's Supplementary Evaluation - Community Program, 2021).

2.3 Implementation of Section 81 releases

Proposed response

Background: Implementation of Section 81 releases

Healing Lodges offer services and programs that reflect Indigenous culture in an environment that incorporates Indigenous peoples' traditions and customs. In a Healing Lodge, the needs of offenders serving federal sentences are addressed through Indigenous teachings and ceremonies, contact with Elders and culturally relevant programming.

Healing Lodges operate in two ways: those operated by CSC in close collaboration with Indigenous communities, and those managed by an Indigenous governing body or Indigenous organization who have entered into an agreement through section 81 of the Corrections and Conditional Release Act (CCRA) for the provision of correctional services.

There are currently four CSC-operated Healing Lodges:

In addition, section 81 of the CCRA allows for the Minister (or a person authorized by the Minister) to enter into an agreement with an Indigenous governing body or Indigenous organization for the provision of correctional services to Indigenous offenders. There are currently five section 81 Agreements with an Indigenous governing body or Indigenous organization that comprise of six section 81 Healing Lodges:

The seven Healing Lodges for men are minimum-security facilities and the three Healing Lodges for women are multi-level facilities, accepting women at both the minimum- and, on a case-by-case basis, at medium-security levels. Together, these facilities offer over 450 beds where Indigenous offenders can access holistic healing interventions to assist in their reintegration.

Since 2018, CSC has renewed or extended all existing Agreements with Indigenous governing bodies/Indigenous organizations in the Quebec and Prairie Regions to provide ongoing access to culturally responsive environments pursuant to section 81 of the CCRA.

In 2019, CSC signed an agreement with the Indigenous Women's Healing Centre's Eagle Women's Lodge. With more access to family, community support and programs, Indigenous women offenders will benefit from a gradual and structured release, leading to anticipated improvements in long-term reintegration results. This multi-level facility accommodates up to 30 women classified as minimum security, and on a case-by-case basis, those classified as medium security or who have been conditionally released.

2.4 Security classification

Proposed response

Background: Security classification

Since different inmates require different degrees of control, CSC operates institutions at essentially three levels of security: maximum, medium and minimum.

Upon entering the federal correctional system, inmates are assessed and placed in the most appropriate institution and security level that will contribute to their timely preparation for safe reintegration. This process takes into account the degree and type of custody and control required to ensure the safety of the public, the offender, other persons in the institutions, and the security of the institution. The offender's accessibility to family and other support mechanisms, the availability of appropriate programs and services, and the inmate's willingness to participate in those programs are also taken into account. All inmates entering federal custody undergo a full assessment and referral process to identify their program and security needs, which may include medical, psychological, psychiatric, correctional programs, employment and education assessments. Only those offenders who are assessed as having a low risk to public safety, which includes having positive institutional adjustment and low escape risk concerns are placed in a minimum-security institution.

Security classification review

As is the case for all offenders, security classification reviews can be undertaken at any time during their sentence. CD 710-6, Review of Inmate Security Classification, states that a Security Classification Review will be completed at least once every two years for inmates classified at maximum or medium security level. A review of an inmate's security classification will be completed prior to making a recommendation for any decision (e.g. transfer, temporary absence, work release or parole).

2.5 CSC workforce and cultural/diversity training

Proposed response: Employment equity

Background: CSC workforce and cultural/diversity training

Employment equity (EE) encourages the establishment of working conditions that are free of barriers in employment and promotes the principle that EE requires special measures and the accommodation of differences for the four designated groups in Canada.

The Employment Equity Act identifies and defines the designated groups as:

CSC EE statistics

As of February 6, 2023, the EE representation rates, based on CSC's workforce availability (WFA) targets are as follows:

2.6 Structured Intervention Units

Proposed response

Bill C-83 received Royal Assent on June 21, 2019 and came into force on November 30, 2019. Its purpose is to, among other things, eliminate administrative segregation, create Structured Intervention Units (SIUs) with pre-determined opportunities for independent external oversight, make changes to the structure of health care governance to support the professional autonomy and independence of health care professionals, and set out factors to be taken into account when making decisions affecting Indigenous offenders.

Numbers
As of December 31, 2022, 64.2% of inmates previously transferred to an SIU had successfully reintegrated into the mainstream population.
It should also be noted that, as of December 31, 2022, the median days was 16 days in SIU, compared to 26 days in 2021-22.
Finally, it should be noted that as of December 31, 2022, there were 180 inmates in SIUs which represents 1.4% of the total number of offenders in custody (12,881).

Oversight

One important difference between the administrative segregation regime and the SIU model is that an inmate's confinement in the SIU is subject to review by an external body, the Independent External Decision Makers (IEDMs). IEDMs are ministerial appointments who will be primarily responsible for rendering fair, independent, and impartial decisions related to an inmate's confinement in an SIU. In specific circumstances, IEDMs have the authority to decide whether an inmate should be released from the SIU or to make recommendation and alter the inmate's conditions of confinement. For example, an IEDM review is triggered to determine whether CSC took all reasonable steps to provide the opportunities when an inmate does not spend four hours out of cell or a minimum of two hours of interactions with others, for five consecutive days, or fifteen days out of a thirty-day period. Even if the IEDM finds that CSC has taken all reasonable steps, if the inmate has been in the SIU without those opportunities for ten consecutive days, the IEDM must determine more generally if the inmate should be released from the SIU.

As of January 31st, 2023, there have been approximately 5066 conditions of confinement referrals made to IEDM for review. Of those, reviewed by an IEDM (2873), the IEDM concluded 80% of the time that CSC had taken all reasonable steps to provide inmates with the opportunity for four hours out of their cell with two hours of interaction with others. In the remaining 20% reviews, the IEDMs made the determination that CSC did not take all reasonable steps and further action was required.

The Advisory Panel was intended to provide non-binding recommendations and advice to the Commissioner of the CSC, and reports to the Minister on its views as to whether the SIUs are being implemented as intended by the legislation.

In July 2021, Howard Sapers was appointed as the Chair of the SIU IAP. There are currently 10 panel members.

In October 2022, the panel released its first annual report which included 35 recommendations for CSC and six advice statements for the Minister of Public Safety.

Progress

Based on the findings of two audit engagements that CSC completed, the IAP's report, and our experience to date, CSC has taken a number of actions including:

2.7 2021-2022 Annual Report of the Office of the Correctional Investigator

Proposed response

Background: Tabling of the 2021-2022 Annual Report of the Office of the Correctional Investigator

Under the provisions of the Corrections and Conditional Release Act (CCRA) (Part III), the Correctional Investigator (CI) serves as the Ombudsman for federal offenders. The Office of the Correctional Investigator's (OCI) primary responsibility is to independently investigate and facilitate resolution of offender issues.

The CCRA stipulates that the CI shall, within three months after the end of each fiscal year, submit a report to the Minister of the activities of the OCI during that year. The Minister is required to table the report in Parliament within the first 30 sitting days following its receipt. The 2021-2022 Annual Report of the OCI was tabled in Parliament on November 1, 2022.

The 2021-2022 Annual Report recommendations are centred around several themes: the need to address systemic racism and cultural bias; the overrepresentation of Indigenous, Black, and racialized offenders and the security classification and assessment tools for these populations; and security classifications for women offenders; dry cell placements; the Service's substance use and harm reduction measures, including the Prison Needle Exchange Program and the Overdose Prevention Service; monitoring and reporting on stays within Structured Intervention Units (SIUs); and the Mother-Child program.

2.8 Saskatchewan Mass Tragedy

Proposed response

Background: Saskatchewan mass tragedy

On September 4th, 2022, there were a series of mass stabbings and murders across the James Smith Cree Nation and Weldon, Saskatchewan, in which 11 people died, and 18 others were injured.

Myles Sanderson, was a federal offender who had been released from federal custody into the community on statutory release in August 2021. His release was later suspended by CSC with a recommendation to the Parole Board of Canada (PBC) to revoke his release. In February 2022, the PBC decision was to cancel the suspension with reprimand. At the time of the crimes, Sanderson had been unlawfully-at-large since May 2022. CSC issued a warrant for his arrest on May 24, 2022. The police is responsible for executing CSC-issued warrants.

Mr. Sanderson died shortly after he was arrested by the Royal Canadian Mounted Police (RCMP) on September 7, 2022.

Board of Investigation

On October 6th the CSC and PBC convened a National Joint Board of Investigation (BOI) into the statutory release, community supervision and PBC decisions in the case of Myles Sanderson.

The National Joint BOI process is guided by requirements set out in the Corrections and Conditional Release Act. It is an administrative investigation that will thoroughly analyze all of the facts and circumstances, including whether laws, policies and protocols were followed, and identify any recommendations and corrective measures, as needed.

The National Joint BOI is comprised of six members (two external community co-chairs and four members from the organizations); three members of the committee are Indigenous, and all members have experience and expertise in the criminal justice system. An Independent Observer, an Indigenous person, is also being appointed.

A BOI is an administrative investigation. It is not a criminal investigation into the incident.

The PBC and CSC are committed to publicly sharing the results of the investigation, and subsequently any corrective measures that will be implemented in response to its recommendations.

2.9 Statutory release

Proposed response

Background: Statutory release

Statutory Release requires federally sentenced offenders to serve the final third of their sentence in the community, under supervision, and with certain conditions. Offenders serving life or indeterminate sentences are not eligible for Statutory Release.

As a form of conditional release, the purpose of Statutory Release is to help offenders successfully reintegrate the community by providing them with intervention, assistance, programs and necessary controls required to minimize the risk of committing new offences. Supervision provides an opportunity to ensure support and monitoring of the offender's reintegration, thereby minimizing the risk of recidivism.

There is a comprehensive period of pre-release planning that is undertaken before an offender is returned to the community; this is the case even when an offender is to be released after completing their entire sentence. Parole officers work with offenders and, if warranted, community agencies to ensure that a plan is in place to support the safe return of the offender to the community.

The protection of society is the paramount consideration when the offender's risk changes. If an offender can no longer be safely managed in the community, their Statutory Release will be suspended by CSC resulting in a return to custody. The PBC has the authority to revoke the release and maintain the offender incarcerated or cancel the suspension and return the offender to the community. CSC will make a recommendation to the PBC and share all relevant case management information before the review.

Statistics

For fiscal year 2021-2022, there were 6,431 releases (including day and full parole, statutory releases or long term supervision orders releases) and of these 4,383 were Statutory Releases (representing 68.2% of all releases). (Source: Performance Measurement and Management Reports, data current up to the end of fiscal year 2021-2022)

At the end of fiscal year 2021-2022, there were 2,469 offenders on Statutory Release in the community. Of this number, 799 (32%) were subject to a residency condition. (Source: Performance Measurement and Management Reports, data current up to the end of fiscal year 2021-2022)

In terms of Statutory Releases during fiscal year 2019-2020,

In fiscal year 2019-2020, the successful completion rate of statutory release supervision periods was 65.9%, an increase of 0.8% compared to fiscal year 2018-2019. Successful completion refers to an offender who was not returned to a federal institution while on release for either a new offence, or as a result of their release being revoked by the PBC. (Source: 2020 Corrections and Conditional Release Statistical Overview, p. 113)

2.10 Unlawfully at large

Proposed response

Background: Unlawfully at large

Offenders in the community often have conditions that require check-ins at specific intervals. In some cases, the Parole Board of Canada (PBC) imposes a condition such as residence in a community-based residential facility. If the offender fails to return to the facility from a work release, temporary absence or nightly on a conditional release (e.g. statutory release or day parole), or does not report at all upon being released from any institution, they are considered UAL. This also applies if the offender fails to report to the supervising parole office as required, either upon release or throughout the supervision, and their whereabouts become unknown.

Prior to release, an offender's case management team conducts a comprehensive assessment to ensure that the offender can be safely managed in the community. In addition to regular contact and assessment by the parole officer, there are a number of mechanisms in place that assist with the supervision of offenders. One of the most common mechanisms includes the imposition of conditions by which the offender is to abide, such as an imposed residency condition at a Community-Based Residential Facility (CBRF). An offender's level of supervision with a parole officer is pre-determined and established according to the requisite level of intervention based on risk and need.

This ensures that the offender reintegrates gradually into society, while abiding by, and being accountable for, the individualized objectives outlined in their CSC-sanctioned correctional plan. This correctional plan will include the level of intervention with respect to the offender's needs, behavioural objectives, participation in programs and the requirement to meet court-ordered obligations. Should an offender's risk increase and/or be deemed unmanageable in the community, there are a number of interventions available when re-assessing the offender's situation. The most serious intervention is the suspension of the release.

2.11 COVID-19 and federal corrections

Proposed response

Background: COVID-19 in federal corrections

The Correctional Service of Canada (CSC) has implemented a number of measures to protect the offender population from COVID-19.

Cases among inmates

As of January 29, 2023, there were 29 active COVID-19 cases among federal inmates across the country.

Since March 2020, CSC has had 7,648 positive inmate cases and six deaths in its institutions. CSC is transparent in its steadfast management of COVID-19 cases. As such, testing, positive cases, vaccination rates, and deaths are posted regularly on CSC's website and updates are provided to stakeholders.

Cases among employees

When a staff member tests positive for COVID-19, they will remain away from the workplace until it is deemed appropriate for them to return based on public health requirements and CSC's guidelines for high risk environments, including congregate living environments.

Infection prevention and control measures

All staff and inmates are equipped with level 2 medical masks. Based on the tasks being completed, an individualized assessment of risk, and the known status of inmates (e.g. infected or not) and the institution (e.g. outbreak or not), staff may also wear a respirator and additional Personal Protective Equipment (PPE). For example, staff who work with inmates who have tested positive for COVID-19 wear respirators, gowns, gloves, and face shields.

In addition, CSC has increased cleaning and disinfecting throughout the sites. There are rigorous protocols in place that include extensive testing, both rapid and PCR, use of PPE, medical isolation, and follow-ups. CSC remains diligent in applying its health and safety measures and are continually communicating with staff and inmates on the importance of applying them.

When in-person visits are temporarily suspended, other options are available to inmates to connect with their family and support networks, such as video visitation and telephone.

Vaccinations

CSC began offering the COVID-19 vaccine in January 2021 in accordance with the guidelines established by the National Advisory Committee on Immunization (NACI). Below are the key roll out milestones:

2.12 Contraband detection

Proposed response

Background: Contraband detection

CSC is continuing to examine ways of strengthening drug interdiction activities. To this end, CSC has initiated consultation with internal and external stakeholders with a view to amend the existing policy and develop a new policy to better reflect the priorities of Health Canada's Canadian Drugs and Substances Strategy. This Strategy is linked to Bill C-37 (42nd Parliament, 1st Session) which received Royal Assent on May 18, 2017. Bill C-37 changed the Controlled Drug and Substances Act which directly affects the Strategy. CSC has been notified that Health Canada is working on the renewal of the CDSS as part of the Minister of Mental Health and Addictions and Associate Minister of Health's mandate commitment to advance a comprehensive strategy to address substance use harms in Canada. As such, CSC is re-conceptualizing the CD 585 policy framework to align with the new CDSS.

Cellular phones

The use of cellular phones within Correctional Service of Canada (CSC) institutions by inmates is prohibited. CSC has strict policies concerning contraband and unauthorized items and activities. These policies are enforced through extensive search procedures applying to staff, visitors and inmates.

Managing and monitoring inmate communications is necessary in order to maintain a secure facility and to allow for interventions to encourage rehabilitation. All other types of "outside access" have necessary limits. For example, The Inmate Telephone System is used in all of the CSC's institutions and allows inmates to maintain authorized phone calls with family and the community, which allows CSC to monitor and control the access to, and the use of, telephones to communicate with members of the public.

Unmanned Aerial Vehicles (UAVs)

There have been an increasing number of reported sightings of Unmanned Aerial Vehicles (UAV) or "drones" over CSC facilities, as well as seizures of contraband introduced by such means. UAVs create significant security concerns for CSC, including the ability of inmates to smuggle contraband into federal institutions.

However, there are operational measures that involve staff intervention to address this issue, including searching procedures of the area where drone activity is suspected. CSC is exploring detection concepts with provincial correctional jurisdictions to address the potential of illegal activity using UAVs or drones.

Seizures

The number of contraband cellular phones that CSC seized increased in the last fiscal year. In 2020-2021, there were a total of 958 seizures involving cell phones and cell phone related items. In 2021-2022, there were a total of 1,339 seizures involving cell phones and cell phone related items (e.g. batteries for unauthorized devices, cell phone, calling card, cell phone charger, etc). (Source: Performance Measurement and Management Reports, data current up to the end of fiscal year 2021-2022).

Use of body scanners

CSC has a mandate to ensure its federal institutions operate in a safe and secure manner, an environment that provides an opportunity for inmates to develop positive behaviours and skills to safely and successfully reintegrate into the community.

Contraband detection and interception continues to be a priority for CSC, as its introduction to federal institutions impedes reintegration activities and compromises safe and secure environments for staff and offenders. CSC has introduced various types of equipment and procedural safeguards to curb the introduction of contraband and unauthorized items. However, body scanners have the potential to significantly affect the overall safety of staff, offenders, and the public by further reducing the introduction and possession of contraband and unauthorized items.

As an additional tool for detecting contraband, we are piloting body scanners at two of our institutions: Bath Institutions and Edmonton Institution for Women. The pilot has proven successful to date.

2.13 Inmate pay

2.14 Indigenous health

Background

The Correctional Service of Canada (CSC) has directed health care professionals to provide Health Services, which are responsive to the unique needs of Indigenous offenders. This is outlined in Commissioner's Directive 800, which outlines the responsibilities of health care professionals, including those under contract will (10):

Ensure health services are sensitive to the needs of Aboriginal and women offenders, and offenders with special needs. To the extent possible and with the offender's prior consent, health professionals providing services to Aboriginal offenders will consult with Elders to gain an Aboriginal perspective on the impact of the offender's social history in order to deliver culturally relevant health services.

Given the over-representation of Indigenous offenders and their unique health and wellness needs, along with the federal government's agenda on reconciliation, CSC has identified three Indigenous Wellness priorities to guide the delivery of evidence-based, culturally safe and trauma-informed health services.

The priorities have been shared with other key Sectors including Indigenous Initiatives and Women's Offenders Sector as well as all Regions (II) and the priorities and their corresponding identified actions were refined based on this input. Engagement with Indigenous offenders also took place between May and September 2022, to inform the development of an Action Plan outlining tangible actions related to each of the identified wellness priorities.

The goal of the Action Plan is to steer efforts and monitor progress across Health Services, Nationally and Regionally, regarding the implementation of activities related to advancing the three Indigenous Wellness Priorities:

  1. Honoring Commitments: Indigenous Health
  2. Creating Safer Spaces: Cultural Safety
  3. Improving Access: Holistic Health Services

First Nations, Inuit and Metis offenders across the country have been engaged to inform the development of tangible actions related to each of the identified wellness priorities. This process will ensure that Indigenous wellness priorities and the subsequent action plan are in direct alignment with the United Nations Declaration on the Rights of Indigenous Peoples Article 23: "Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them […]".

2.15 Mental health services for federally incarcerated individuals

Proposed response

Background: Mental health services for federally incarcerated individuals

At the Correctional Service of Canada (CSC), one of our key priorities is the provision of professional, clinically-independent, culturally-responsive, integrated and coordinated person-centred care. This is underscored by CSC's legislative mandate to provide essential health care and reasonable access to non-essential health care to federally incarcerated individuals, in keeping with professionally accepted standards.

CSC's health services are accredited by Accreditation Canada, which is the same organization that accredits hospitals and other service providers in our communities across the country.

The rates of mental disorder among of people in federal custody are higher than those in the Canadian public, and are among the most frequent chronic conditions affecting federally incarcerated individuals. CSC estimates that roughly 70% of individuals admitted to federal custody report mental health symptoms. Of these, 36% experience impairment in daily activities, meeting the criteria for a diagnosis of a mental disorder. Rates are similar between men and women. Lifetime prevalence of alcohol and substance use disorders at admission to prison is 61% (men) and 61.6% (women) and higher for indigenous men (85.2%) and women (85.7%).

CSC has a mental health service delivery model that falls along a continuum of care from intake through to end of sentence. The components are:

  1. Mental health screening at intake;
  2. Primary Mental Health Care;
  3. Intermediate Mental Health Care;
  4. Psychiatric Hospital Care at Regional Treatment Centers; and
  5. Transitional care for release to the community and Community Mental Health Services.

Institutional mental health services include but are not limited to the following: mental health screening, assessment, treatment and intervention, and discharge planning.

Mental health screening is provided to inmates at their arrival to identify mental health needs and facilitate follow-up assessments and interventions. Institutions have inter-disciplinary teams of mental health professionals to provide services and supports, and interventions to address their needs.

Psychiatric in-patient hospital care is provided to individuals who have serious mental health needs and require a hospital environment that provides 24-hour health care.

There are five regional treatment centres across Canada that care for male incarcerated individuals with serious mental health conditions and one treatment centre for incarcerated women with serious mental health conditions.

For offenders in the community, some mental health services and supports are made available through CSC to assist offenders with serious mental health issues. However, provincial and territorial governments are the main provider of health care services for offenders in the community.

CSC Mental health funding

In 2017 and 2018, budgets included $78.2M to better address the mental health needs of individuals. In the 2018 Fall Economic Statement, the Government of Canada announced that $448M over six years to transforming federal corrections.

Of this funding, more than $150M over six years will be used to enhance mental health support in the federal correctional system. Investments in mental health will include enhanced assessment and early diagnosis of individuals, enhanced primary and acute mental health care, support for patient advocacy services and 24/7 health care at designated institutions.

2.16 Education programs in CSC institutions

Background

As mandated by the Corrections and Conditional Release Act, the Correctional Service of Canada (CSC) offers education programs to address offenders' needs. The goal of education within the correctional environment is to provide offenders with the basic literacy, academic, vocational, and personal development skills needed to facilitate their safe and successful reintegration into the community.

At intake, inmates can go through two different educational assessments to determine their academic standing and needs. One is the initial functioning level assessment, which is measured by approved standardized assessments, such as written tests. The other is the documented level, which is determined through information collected from ministries of education, school boards, or schools that the inmate has attended. These assessments help form part of the inmate's correctional plan (CP). The CP outlines the programs and goals for an offender during their sentence. The correctional intervention board (CIB) assigns offenders to programs based on the requirements laid out in CP. Programs are prioritized to provide the right intervention at the right time during the sentence.

The education process includes:

  1. a review of the education need
  2. individual education planning
  3. the delivery of education programs
  4. ongoing assessment of progress
  5. reporting

Offered education programs

The following education programs are available at minimum, medium, and maximum-security institutions: Adult Basic Education Programming (Grades one to 12), Adult Basic Education Adapted Programming (Grades one to 12), English/French as an additional language, General Education Development (in the Atlantic region only), Keys to Family Literacy Program, prerequisites for post-secondary, and post-secondary studies. Library services are also available at all institutions.

Adult basic education programming

Since 2001, CSC has been offering opportunities to all offenders to obtain a Grade 12 education as part of its Adult Basic Education Programming. As such, all offenders who are deemed to not have a high school diploma during their intake assessment are referred to Adult Basic Education Programming and this will be included in their correctional plan. To this end, Adult Basic Education Programming provides offenders who successfully complete the program with a high school diploma.

General Educational Development (GED) testing is also offered in the Atlantic Region. To obtain a GED high school equivalency certificate, offenders are required to successfully complete a series of exams, which typically requires remedial preparation. Once a GED certificate is granted to an offender, a basic high school skill set is recognized and their educational requirements will have been met. The GED program consists of five different sections: social studies; science; reading; mathematics; and writing.

Adult basic education adapted programming

Research shows that participation in education programs leads to a higher rate of employment upon release and lower rates of reoffending. Even a minimal amount of education programming has been shown to help offenders learn life skills required to successfully transition into the community, leading to reduced reoffending. Although CSC's education priority is the obtainment of a high school diploma, this may not be attainable for all offenders, particularly those in the adapted education programs. The Adapted Adult Basic Education Program, which corresponds with each of the four Adult Basic Education levels, are education programs that have been adapted for offenders with specific education needs that cannot be accommodated in the traditional Adult Basic Education curriculum or mode of delivery. Therefore, the adapted education programs has an increased focus on basic literacy, social cognition, employability skills, and problem solving skills. In addition, CSC has put in place measures to identify learning disabilities. For example, CSC has established national funding for each region to secure contracts in order to identify the needs of offenders with learning disabilities.

Post-secondary education

CSC is committed to making post-secondary education more accessible and exploring opportunities to expand partnerships with local universities and colleges. CSC recognizes the value and success of the Walls to Bridges (W2B) program, for example, and supports the capacity of offenders to pursue post-secondary studies through this partnership. The W2B program is exceptional as it offers post-secondary education to offenders within the correctional setting, at the expense of W2B. Students earn post-secondary course credits in classes that are composed of students from the university and the prison.

Other education programs

CÉGEP

Offenders are encouraged to pursue post-secondary education while incarcerated. Courses are generally completed through paper-based correspondence work with colleges and universities. In general, offenders are required to pay the cost of their participation in post-secondary education programs. However, in certain exceptional circumstances, CSC may authorize payment for some post-secondary education for offenders. Further, the costs associated with participation in post-secondary education may be absorbed by CSC if included as part of a larger federal/provincial arrangement to provide required education services. Collège d'enseignement général et professionnel (CÉGEP), which is a post-secondary program unique to the Québec Region, is an example of such an arrangement. The first year of CÉGEP is the equivalent of Grade 12 in all other Canadian provinces. Thus, to ensure that all offenders are provided with a Grade 12 level of education, as per CSC's mandate, there is an arrangement in place to offer CÉGEP in the Québec Region. The cost of offender participation in CÉGEP is shared between the provincial government and CSC.

2.17 Employment and Employability Programs for offenders

Background

The Correctional Service of Canada (CSC) develops and implements individual correctional plans and interventions, which are continually assessed throughout the offender's sentence. Should employment and employability be identified as a risk and/or need area for any offender, this portion of the correctional plan will be monitored by their case management team.

CSC currently has a framework in place to ensure offenders complete an application for institutional employment, which is reviewed by a Correctional Intervention Board, employment supervisor, and other relevant professionals. Once approved, the offender can be assigned to employment and/or employability training as an element of their correctional plan. There are a variety of on-the-job training opportunities supervised by the various areas of the institution as well as CORCAN, which contribute to offenders building technical and transferable skills, as well as earning industry-recognized vocational certifications and certified apprenticeship hours.

Prison industries in Canada can be traced back to 1835 when offenders first worked on the construction of Kingston Penitentiary. In 1980, CORCAN was first registered as the trademark for Correctional Industries in CSC. In 1992, CORCAN was made a Special Operating Agency and operates under a Treasury Board Charter with a revolving fund. More recently, CORCAN has moved beyond the traditional prison industry model to provide additional opportunities for offenders under community supervision to participate in vocational and on-the-job training through transitional employment at CORCAN Community Industries, as well as support services for offenders seeking employment in the community.

As a key rehabilitation program, CORCAN provides a sense of purpose to offenders while contributing to a safe environment in institutions and the community. Employment and employability programs increase institutional self-sufficiency, thereby lowering the costs of incarceration, while building skills that will assist offenders with finding community employment. CORCAN strives to provide the most realistic work environment possible given the constraints within institutions while providing goods, construction and services that meet market standards of quality, price, and delivery. In addition, many offenders who earn third-party recognized vocational training certificates have the opportunity to apply their knowledge and skills while assigned to on-the-job training in CORCAN and other areas of CSC, thereby enhancing their training experience.

Community Industries operated by CORCAN provide additional training and transitional employment options with continued on-the-job and vocational training for some offenders under community supervision that are not able to immediately enter the job market or through work release. This coupled with CORCAN Community Employment Services, which includes employment coordinators as well as partnerships with other government in addition to in non-governmental organizations programs and services, and private industry, ensures that offenders are offered ongoing interventions and support during transition to and while under, community supervision.

CORCAN utilizes referrals, agreements and partnerships to increase training and employment through:

CORCAN provides Community Employment Services to help offenders find and maintain employment in the community. Employment coordinators help offenders find employment information and available jobs when they are in the community, working directly with other government departments and non-governmental organizations to ensure offenders have the necessary interventions and supports. Depending on the needs of the individual, this may include job readiness (i.e. job search methods, resume preparation and interview skills), employment skills training through community resources, and connections with other community programs and services in addition to employers willing to hire offenders.

Committee Overview

Liberal Party of Canada
Jean Yip (Vice-Chair)
Valerie Bradford
Han Dong
Peter Fragiskatos
Brenda Shanahan

Conservative Party of Canada
John Williamson (Chair)
Garnett Genuis
Micheal Kram
Kelly McCauley

Bloc Quebecois
Nathalie Sinclair-Desgagné (Vice-Chair)

New Democratic Party
Blake Desjarlais

Liberal Party of Canada(LPC)

Photo: Jean Yip

Jean Yip (Vice-Chair)
Scarborough, Agincourt,
Ontario

  • Elected to Parliament in 2017
  • Recent interventions of interest to CSC: None.
 
Photo - Valerie Bradford

Valerie Bradford
Kitchener South, Hespeler,
Ontario

  • Elected to Parliament in 2021
  • Recent interventions of interest to CSC: None.
 
Photo: Han Dong

Han Dong
Don Valley North,
Ontario

  • Elected to Parliament in 2014
  • Recent interventions of interest to CSC: None.
 
Photo: Peter Fragiskatos

Peter Fragiskatos
London North Centre,
Ontario

  • Elected to Parliament in 2015
  • Recent interventions of interest to CSC:
    • In 2017, during a SECU meeting, pointed out that Indigenous people represent 25% of the prison population.
    • In 2017, during another SECU meeting, inquired on mental health supports and programming available to the vulnerable inmate population.
    • In 2018, during a Public Safety Committee meeting, stated that opioid crisis and overdoses are being seen across the country, but also in Canadian prisons, and it's a major problem.
 
Photo: Brenda Shanahan

Brenda Shanahan
Châteauguay, Lacolle,
Quebec

  • Elected to Parliament in 2015
  • Recent interventions of interest to CSC:
    • In 2019, during a debate on the Corrections and Conditional Release Act in the House of Commons, made a statement on Bill C-83, indicating that the key innovation in Bill C-83 is the proposal to create structured intervention units, and SIUs would be found in every prisons and would be used for inmates that are sometimes too dangerous or disruptive.
    • Previously told the AG that she was frustrated with systemic racism in the correctional system and questioned whether progress was being made with GBA+.
 

Conservative Party of Canada (CPC)

Photo: John Williamson

John Williamson (Chair)
New Brunswick Southwest,
New Brunswick

  • Elected to Parliament in 2011
  • Recent interventions of interest to CSC: None.
 
Photo: Garnett Genuis

Garnett Genuis
Sherwood Park, Fort Saskatchewan,
Alberta

  • Elected to Parliament in 2015
  • Recent interventions of interest to CSC:
    • In 2018, during the study on Indigenous People and Canada's Justice System, mentioned that he visited a prison in his riding and was struck by the very high proportion of Indigenous people in that prison, and the very low rates of education what was told those inmates had attained.
    • In 2022, during a debate on the Criminal Code in the House of Commons, spoke out on systemic racism and the over-representation of Black and Indigenous peoples in prisons.
 
Photo: Michael Kram

Michael Kram
Regina, Wascana,
Saskatchewan

  • Elected to Parliament in 2019
  • Recent interventions of interest to CSC: None.
 
Photo: Kelly McCauley

Kelly McCauley
Edmonton West,
Alberta

  • Elected to Parliament in 2015
  • Recent interventions of interest to CSC:
    • In 2020, during a debate on the Royal Canadian Mounted Police Act, stated that the government did not consult with prison guards or parole officers when it brought in Bill C-83 on Structured Intervention Units.
    • In 2021, during the Government Operations committee meeting, pointed out that he has the largest women's prison in his riding, Edmonton Institution, and asked a question on rapid testing for inmates.
 

Bloc Quebecois (BQ)

Photo: Nathalie Sinclair-Desgagné

Nathalie Sinclair-Desgagné
(Vice-Chair)
Terrebonne,
Quebec

  • Elected to Parliament in 2021
  • Recent interventions of interest to CSC:
    • In 2022, during a Public Accounts Committee meeting, asked a question on systemic racism and referred to the condition of different populations in Canadian prisons.
 

New Democratic Party (NDP)

Photo: Blake Desjarlais

Blake Desjarlais
Edmonton Griesbach,
Alberta

  • Elected to Parliament in 2021
  • Recent interventions of interest to CSC: when the AG appeared before the committee in June 2022, Desjarlais said "Indigenous people should not be incarcerated at the level they are…It is near criminal".
  • On January 16th, the MP attended Edmonton Institution for Women to speak with employees and offenders.
  • Issues raised include TRC Call to Action #35 (Healing Lodges), the importance of correctional programming, as well as other supports and resources.
  • Desjarlais also raised the issue of CSC's responses to MMIWG as well as the delivery of health services for Indigenous inmates.

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