Appearance of the Commissioner before the Standing Committee on Public Safety and National Security: October 26, 2020

Minister’s Mandate Letter

Table of Contents

1. Key Facts and Figures
   • Offender Population
   • Operational Environment
   • CSC Workforce
   • CSC Results
2. Financial Snapshot
   • Annual Budget
   • Cost Structure and Constraints
3. CSC’s Hot Issues
   • COVID-19 Planning for Federal Corrections
   • Joint National Board of Investigation: Correctional Service of Canada/Parole Board of Canada
   • Overrepresentation of Specific Groups in Federal Corrections
   • Structured Intervention Units – Implementation Advisory Panel
4. Committee overview
5. Committee Membership Profile

1. Key Facts and Figures on COVID-19

The Offender Population

At the end of fiscal year 2019-2020, CSC was responsible for 23,102 offenders:

• 13,720 were in custody, and
• 9,382 were supervised in the community.

Of the offenders in the community:

• offenders on day parole represented 16.4%;
• offenders on full parole represented 48.7%;
• offenders on statutory release represented 29.7%; and
• offenders with long term supervision orders represented 5.2%.

(Source: Data Warehouse. Data current up to the end of fiscal year 2019-2020)

Operational Environment

CSC is responsible nationally for the management of:

• 43 institutions:
  • six maximum security,
  • nine medium security,
  • five minimum security,
  • 12 multilevel security and
  • 11 clustered institutions.
• 14 community correctional centres, and
• 92 parole offices and sub-parole offices.

CSC is also responsible for managing four healing lodges (included in the 43 institutions) and works in partnership with Indigenous communities to support the reintegration of Indigenous offenders back into the community.

CSC Workforce

CSC employs approximately 18,000 staff from a vast number of fields. As of August 2019, CSC’s front-line staff workforce included:

• 453 Correctional Program Officers;
• 474 Primary Workers;
• 108 Social Program Officers;
• 839 Nurses;
• 6,178 Correctional Officers;
• 155 Aboriginal Officers;
• 239 Psychology Staff; and
• 1,272 Parole Officers.

CSC Results

At year-end 2019-2020, the following are results in a number of different areas:

• CSC is continuing to see a decline in the overall federal custody population, from 14,886 at year-end in 2014-2015 to 13,720 in 2019-2020, a decrease of 8%. CSC is also seeing an increase in the number of offenders being managed in the community, from 8,075 at year-end in 2014-2015 to 9,382 in 2019-2020. This represents an increase of 16%.
• CSC is showing an increase in the number of offenders being released on day parole over the past six years, from 1,975 in 2014-2015 to 2,542 in 2019-2020, an increase of 29%. The number of offenders who were released on day parole decreased in the past year, from 2,683 in 2018-2019 to 2,542 in 2019-2020, a decrease of 5%.
• CSC is showing a decline in the number of revocations of conditional release over the past six years, from 2,503 in 2014-2015 to 2,285 in 2019-2020, a decrease of 9%. However, the number of revocations of conditional release have been increasing since 2017-2018, when they were at a six-year low of 2,131.
• CSC is also seeing a decrease in the number of revocations with an offence over the past six years, from 496 in 2014-2015 to 455 in 2019-2020, a decrease of 8%. The numbers of revocations with an offence have fluctuated over the past six years, with a low of 412 in 2016-2017.

2. Financial Snapshot

Annual Budget

• As per the 2020-21 Main Estimates, CSC’s annual budget is $2,553.8 million, composed of:
  • $2,365.9M in Operating, including Employee Benefit Plans;
  • $187.8M in Capital funding; and
  • $0.1M in Grants and Contributions.
• This represents a ($26.3M) or - 1.0% decrease over the previous year. The decrease is mainly attributable to:
  • A decrease in the Operating Vote of ($12.3M) mainly related to funding approved for Support for the Correctional Service of Canada (Budget 2019), offset by funding received for Transforming Federal Corrections (Bill C-83);
  • A decrease in the Statutory Vote of ($14.0M) for the department’s allocation of the employer’s share of the employee benefit plan; and
  • A decrease in the Capital Vote of $0.01M for CSC’s contribution to the Back Office Transformation initiative.

Cost Structure and Constraints

• Approximately 90% of CSC’s budget is non-discretionary, such as expenses related to:
  • front-Line workforce / Collective Agreements; and
  • statutory obligations.
• Operational costs are largely fixed and related to both static and dynamic security.
• In the context of Program Integrity, through Budget 2020, CSC received a positive respond to its funding request following the comprehensive review.
• CSC has an uncertain financial situation and will be in a better position to assess it once
  • A decision is made on its funding request for COVID-19 incremental expenditures;
  • Supplementary funding for anticipated court settlements is approved.
• CSC had an Operating Carry Forward of $51.8M, (2019-2020), 2.2% of its total available authorities (2019-2020).
• Changes to operations could produce savings, but would also have an impact on the results.

3. CSC’s Hot Issues

COVID-19 Planning for Federal Corrections

Speaking Points:

• From the outset of this pandemic, CSC has taken a proactive approach, guided by public health authorities, and by working closely with our union partners, to ensure the health and safety of staff and offenders in all of our institutions.
• When the pandemic was declared on March 11, we focused heavily on preventing the introduction of the virus in our institutions by:
  • quickly suspending visits from the public;
  • temporary absences, except when medically necessary;
  • work releases; and
  • interregional transfers.
• We have put in place many additional health and safety measures and protocols to protect our employees and offenders. These include:
  • wearing masks,
  • physical distancing,
  • hand hygiene,
  • active health screening of anyone entering an institution, and
  • increased cleaning and disinfecting.
• Protocols are in place when an inmate or employee is symptomatic or tests positive, including:
  • Medical isolation, guided by health principles and defined in policy, for inmates or self-isolation for employees; contact tracing and testing, as required;
  • PPE at each site, including masks, gloves, gowns and eye protection;
  • Over 250 employees have been trained to do contact tracing;
  • Ensuring that all recommendations from infection prevention and control (IPC) reviews conducted at all institutions have been implemented.
• Mr. Chair, I am very pleased to be able to report that, thanks to the tireless efforts of staff, and because of the exceptional measures taken, there are currently no active COVID-19 cases among inmates across our 43 institutions.
• Nonetheless, we must remain diligent in applying our health measures and protocols. We are continually communicating with staff and inmates on the importance of applying our health measures and protocols.
• As of October 20, 2020, out of 187 of our employees who have tested positive, 168 or approximately 90% have fully recovered.
• When one of our employees becomes symptomatic or tests positive for COVID-19, they are required to self-isolate at home until cleared to return to work. We conduct contact tracing immediately to ensure that close contacts are self-isolating, and additional testing is carried out, as needed.
• Mr. Chair, we are being proactive; when there is a rise in community transmission, we establish a Management Emergency Response Committee to discuss any impacts and measures needed to keep our workplaces safe. This process also involves consulting local public health data and the Public Health Agency of Canada (PHAC).
• For example, recently the Quebec government announced that it designated some areas as red—the highest level in their COVID-19 provincial alert system. We monitored the situation closely and took immediate action in suspending visits as well as other additional measures. Our goal is to keep everyone safe by reducing the risk of introducing the virus into our sites.
• We have proactively offered testing to inmates in over 20 institutions in areas where community transmission is higher. This strategy has also helped detect any asymptomatic cases.
• We are also are making sure offenders have access to on-site programming and activities that support their rehabilitation. Health services continue unchanged, and temporary absences for medical and compassionate reasons are continuing.
• Staffing levels are monitored and assessed daily, and adjusted as required to meet the operational requirements of running our institutions.
• We have worked very closely with the Public Health Agency of Canada and local health departments and community experts to have independent, expert-led reviews completed in all of its 43 institutions.
• Lessons learned and recommendations have been implemented from these Infection Prevention and Control or Environmental Health reviews to reinforce its practices.
• CSC continues to use its authorities for the safe release of offenders in order to reduce the spread of the virus in its correctional institutions.
• Moving forward, CSC is undertaking a COVID-19 serology study for federal institutions identified as outbreak sites, in collaboration with PHAC and the COVID-19 Immunity Task Force.
• We are also establishing a partnership with the Canadian Red Cross to provide preventative and outbreak support.
• As I say often, there is no greater responsibility than having the care and custody of other human beings. As Commissioner, I appreciate the work of our staff, partners, stakeholders, and volunteers for their amazing efforts during these extraordinary times.

Background – COVID-19 Planning in Federal Corrections

The Correctional Service of Canada (CSC) has successfully implemented a number of measures to protect staff and the inmate population from COVID-19. As of October 20, 2020, there are no active cases among inmates at any CSC institutions across Canada.

Current Measures

Cases among Inmates

Since the pandemic began, out of a population of close to 13,000 inmates, 360 tested positive throughout the Spring months. All have recovered with the exception of two inmates that died as a result of complications from the virus. As of October20, 2020, out of 187 of our employees who have tested positive, 168 or 90% have fully recovered. As of October 20, 2020, there are three new cases of employees that work at Institutions across the country who have tested positive for COVID-19.

Personal Protective Equipment

CSC continues to take exceptional measures to prevent the spread of COVID-19 in all CSC institutions to limit the risk to inmates and staff, including having everyone at sites wear masks. Additional personal protective equipment is available to employees that need it, including health care staff.

Financial Government Support

On June 9, 2020, the Minister of Public Safety and Emergency Preparedness, the Honourable Bill Blair, announced the Government of Canada’s intention to provide up to $500,000 to five National Voluntary Organizations (NVOs) for them to develop pilot projects aimed at adapting important services that assist with the reintegration of offenders under supervision at community-based residential facilities (halfway houses), and to develop knowledge to help similar organizations learn from the innovative responses that have been implemented during the COVID-19 pandemic.

Release of Offenders

While being a full participant in the Canada-wide public health effort to fight COVID-19, CSC continues to fulfill its obligations with respect to the care and custody of inmates to prepare them for safe release into the community.

CSC and PBC continue to process eligible inmates for release in accordance with the law. A number of considerations go into release decision-making with public safety being the paramount consideration. COVID-19 and other health related issues are only one of the many considerations taken into account when releasing offenders into the community. 

CSC, in consultation with PBC, has worked to streamline the case preparation process for offenders. In addition, PBC is working to ensure cases are dealt with as expeditiously as possible, while continuing to use risk- and evidence-based decision-making.

Since the beginning of March 2020, the federal custody population has declined by 1,304 inmates (as of October 18, 2020). This reduction is the result of fewer admissions from the provinces and territories coupled with continued releases into the community. This downward trend in the federal inmate population is expected to continue over the coming months.

CSC is engaging with our community partners on an ongoing basis to ensure that offenders on conditional release have a safe, secure and supportive environment to which they can return. This is an important part of any safe and successful release into the community.

Suspension of Visits to Quebec Institutions

CSC took additional measures to limit the potential spread of COVID-19 in its Quebec institutions and community correctional centres (CCCs). CSC suspended visits at all of its sites in the province, as well as temporary absences and work releases from institutions.

Offenders will continue to participate in on-site programming and activities that support their rehabilitation. Health services will be maintained and temporary absences for medical and compassionate reasons will continue, as needed. Offenders are encouraged to continue connecting with their families and loved ones by telephone or video visitation.

The additional measures do not currently affect sites in other provinces. This is an evolving situation and CSC continues to work with public health authorities to monitor the situation and take additional actions, as needed.

Reduced Staffing Due to Self-Isolating

Staff members at a number of CSC institutions have tested positive for COVID-19.

CSC is collaborating with public health authorities to conduct contact tracing to ensure that close contacts are self-isolating at home and additional testing is conducted, as needed. 

CSC assesses operational decisions around schedules and activities on a regular bases when taking into consideration staffing levels. Staffing levels are monitored and assessed daily and adjusted, as required. Staff on-site are showing flexibility and some have worked extended hours to meet the operational requirements of running institutions.

Joint National Board of Investigation Correctional Service of Canada – Parole Board of Canada

Speaking Points:

• Mr. Chair, let me first express my deepest sympathies to the family and friends of Marylène Lévesque for the terrible tragedy that took place in Quebec on January 22, 2020.
• Public safety is our top priority. This is our business. This situation is nothing short of a tragedy and not an outcome any of us wanted to see.
• As we stated when we appeared before this Committee previously, a Joint National Board of Investigation, which includes two external co-chairs, was convened with the Parole Board of Canada to examine the circumstances that led to this tragic event.
• Unfortunately, due to COVID-19 our work was delayed. However, travel and interviews for the Joint National Board of Investigation resumed on September 8, 2020.
• The Joint National Board of Investigation has now completed 16 interviews and expects to conclude its full work, including interviews, this fall.
• We are committed to sharing the results of the investigation, along with any recommendations to be implemented, once the Joint National Board of Investigation is completed.

Background – Joint National Board of Investigation Correctional Service of Canada - Parole Board of Canada

Federal offender Eustachio Gallese has been serving a life sentence since December 16, 2006. He was convicted of murdering his spouse. The index offence occurred on October 21, 2004. He was first granted Day Parole (DP) on March 26, 2019. On September 19, 2019, his DP was continued while Full Parole was denied. On January 23, 2020, his DP was suspended due to his suspected involvement in another murder. He was charged and convicted of First-Degree Murder on February 27, 2020, in the death of Marylène Lévesque. Gallese remains in federal custody.

Boards of Investigation

Boards of Investigation (BOIs) can be convened jointly by the Correctional Service of Canada (CSC) and the Parole Board of Canada (PBC). BOIs can be conducted for offenders who are charged with a serious offence and when a preliminary review of the case reveals questions as to whether the law, policies or the duty to act fairly were respected.

The purpose of a BOI is to identify areas of systemic concern that must be addressed, such as the need to obtain complete information, training on risk assessment and compliance with the law, policy and procedures. CSC follows up on the recommendations formulated by BOIs by analysing them and by bringing amendments and clarifications to its policy and training programs in order to reduce the likelihood of such incidents in the future.

BOIs are administrative investigations that allow for a thorough review of the actions taken by the PBC/CSC. They are not criminal investigations.

Gallese Joint National BOI – Current Status

The Joint National CSC-PBC BOI into the events surrounding the murder of Marylène Lévesque by offender Eustachio Gallese was convened on February 3, 2020. Preparation, review work and some interviews have already been conducted by the BOI. Based on public health guidance, the COVID-19 situation forced travel, interviews, and meetings related to the work of the Board of Investigation to be suspended on March 20, 2020.

Prior to the suspension of the joint investigation on March 20, 2020, the Board had conducted nine interviews. Since the BOI resumed on September 8, 2020, a total of 16 people have been interviewed, and interviews are now completed. These interviews are necessary to ensure information collection that is both comprehensive and crucial to optimizing the impartiality, integrity and transparency of the findings and recommendations of this investigation.

Upon completion of the Joint National BOI, the results of the investigation will be shared along with any recommendations to be implemented.

The Standing Committee on Public Safety and National Security

Senior officials from PBC and CSC appeared before the Standing Committee on Public Safety and National Security (SECU) on March 10, 2020, regarding their study on “Parole Board and the circumstances that Led to a Young Woman’s Death.”SECU reviews legislation policies, programs and expenditure plans of government departments and agencies responsible for public safety and national security, policing and law enforcement, corrections and conditional release of federal offenders, emergency management, crime prevention and the protection of Canada's borders.

Parole Decision-Making Process

Under the Corrections and Conditional Release Act (CCRA) , PBC members must ensure the following when making a conditional release decision: (1) that the protection of society be the paramount consideration in the determination of any case; and, (2) that the Board make the least restrictive determination consistent with the protection of society.

The CCRA outlines that the Board consider two things when granting parole:

• That the offender will not, by reoffending, present an undue risk to society before the end of their sentence; and
• The release of the offender will contribute to the protection of society by facilitating the offender's reintegration to the community as a law-abiding citizen.

Board members conduct a thorough risk assessment in all cases. They consider all relevant and available information in assessing an offender's risk to re-offend, such as mitigating, neutral, and aggravating factors; as well as information presented during the hearing or review, in order to render a final decision.

Statistics

In 2018-2019, 99.9 per cent of offenders on day parole completed their supervision period without committing a violent offence.

Overrepresentation of Specific Groups in Federal Corrections

Speaking Points:

• The Government of Canada has acknowledged that Indigenous people, Black Canadians and other racialized people far too often experience systemic racism and disparate outcomes within the criminal justice system.
• Mr. Chair, the overrepresentation of Indigenous and Black Canadians in the criminal justice system and correctional institutions is a reflection of the systemic disparities that we must all work to fix. Not just at the Correctional Service of Canada, but at all levels of society and the criminal justice system.
• It is essential that we all continue to work hard, as individuals and as an organization, to talk about this and do more to ensure that our practices, policies and initiatives address the root causes of inequities to best support Black people, Indigenous peoples and all members of racialized communities.
• In July, CSC implemented a joint working group with the Parole Board of Canada to look at diversity and racism within the federal corrections and conditional release system.
• This group has begun a review of the policies and programs currently in place to address the unique needs of racialized offenders. It will also review our policies and practices aimed at increasing the diversity of our employees, identify the gaps and make recommendations on next steps.
• The working group will consider recommendations from the Parliamentary Black Caucus and from existing studies on the issue of over-representation of Black Canadians and Indigenous people in the criminal justice system.
• Once in our custody, CSC provides programs and services that address offenders' needs and assist with their successful reintegration into society. We deliver interventions that are guided by evidence in correctional research, relevant theory, and current practices.
• CSC has implemented a unique approach to Indigenous Corrections that is both culturally responsive to, and inclusive of, Indigenous communities, taking into account each individual offender's Indigenous social history, evaluating culturally responsive or restorative options, and determining the best ways to address the rehabilitative needs of the offender.
• CSC offers Black offenders varied interventions and services aimed at supporting their reintegration. These interventions include addressing cultural employment and mentorship needs, culturally-relevant presentations from community members to offenders and staff, community outreach, and culturally-relevant materials.
• CSC also benefits from the input of National and Regional Ethnocultural Advisory Committees, where these important issues are discussed.
• It is time for us, as Canadians and leaders, to recognize and acknowledge the challenges, and most importantly, the power to influence change. As a country, we must and will do better.

Background – Overrepresentation of Specific Groups in Federal Corrections

The Correctional Service of Canada (CSC) continues to observe an increase in the number of federally sentenced Indigenous offenders. CSC also recognizes that there are specific needs for other ethnocultural offender populations, such as Black offenders.

Indigenous Offenders

CSC continues to observe an increase in the number of federally sentenced Indigenous offenders. At the end of Fiscal year 2019-2020, Indigenous offenders represented 30% of the total in custody population and Indigenous women offenders represented 44% of the total in custody women population.

CSC is working to respond to the disproportionate representation of Indigenous peoples in custody, through a variety of programs such as:

• The National Indigenous Plan which includes streamlining 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.
• Indigenous Interventions Centres (IICs) are a key component of regional Indigenous action plans. The IICs integrate intake, programs and interventions, and engage Indigenous communities at the start of an Indigenous offender’s sentence, or at least two years before their first eligibility date.
• CSC has implemented the Pathways Initiative for offenders who are committed to following an intensive traditional path of healing which includes the active involvement of Elders. The Indigenous Women’s Pathways Continuum provides opportunities for Indigenous women to engage in intensive healing interventions supported by Elders through specific activities.
• The Indigenous Women Offender Correctional Programs, which includes program continuum unique to Indigenous women offenders.

Decisions with respect to sentencing are outside of CSC’s control. CSC does, however, influence the time Indigenous offenders spend in custody by providing culturally responsive programs and interventions to address an Indigenous offender’s risk, provide effective rehabilitation and foster successful community reintegration. There has been a significant increase in the percentage of discretionary releases for Indigenous offenders, from 23.5% in Fiscal year 2013-2014 to 40.1% in Fiscal year 2019-2020. Additionally, CSC makes targeted efforts to recruit and retain Indigenous employees. CSC is one of the largest employers of Indigenous peoples in the core public administration.

Black Offenders

8.8% of incarcerated offenders were Black at the end of 2019-20, while 7.1% of offenders supervised in the community were Black. From 2015-2016 to 2019-2020, the proportional decrease of incarcerated Caucasian offenders was 17.0%, and incarcerated Black offenders showed a decrease of 3.2% during the same period.

CSC is conducting research to better understand the experience of ethnocultural offenders under its care, including Black offenders. This multi year project has already highlighted the profile and diversity of this population and Emerging Research Results were produced in 2019. CSC is presently looking at aspects of the in-custody experience, including participation in correctional programs, education, employment, etc. CSC will also be studying how ethnocultural offenders are reintegrating in the community, in terms of program participation, employment opportunities and successful completion of sentence. It is anticipated that the full research report will be available in the Fall of 2020.

CSC invested $20,000 for this project, in addition to approximately a 1.5 full time employee equivalent from CSC’s Research Branch (combination of research managers, analysts and students). CSC used a combination of internal and external resources, in collaboration with Nipissing University. In addition to professional internal research capacity, CSC maintains positive collaborations with several Canadian universities for the purpose of conducting studies, researches, and reviews. This allows CSC to maintain the highest standards of research.     

Currently, Black offenders are offered a comprehensive level of varied interventions and services, aimed at supporting their reintegration. These initiatives include: addressing cultural employment and mentorship needs; culturally relevant presentations from community members to offenders and staff; community outreach with community service providers; ongoing interventions by the Project officer, Community Engagement and Ethnocultural Services; the purchase of culturally-relevant materials; and implementation of initiatives aimed at increasing the cultural competency of staff.

Although there are no specific correctional programs for Black offenders, the enrolment and completion rates of Black offenders in the Integrated Correctional Program Model and the Women Offender Correctional Programs show positive participation. Also, certain institutions benefit from the participation and activities of inmate groups composed of mostly Black offenders. Groups such as Black Inmates and Friends Assembly (BIFA), Christian groups, Rastafarian groups, and Muslim groups bring awareness, educate and develop a sense of belonging and self-esteem among the Black offender population.

4. Committee Overview

Committee Overview

A motion was adopted by the House of Commons on March 24, 2020, authorizing, during the period the House stands adjourned, the Chair of the Standing Committee on Health (HESA) and the Chair of the Standing Committee on Finance (FINA) to convene meetings via videoconferencing or teleconferencing.

In response to that motion, Digital Services and Real Property (DSRP) established a multidisciplinary team to support these committees and deliver a solution that would allow Members to participate from remote locations.

They are leveraging the same physical spaces, technological infrastructure and human resources used to support physical meetings on Parliament Hill to support virtual committee meetings. This allows the following requirements to be met:

• Real-time and on-site interpretation services that enable all Members to speak and be heard in both official languages—most legislatures conduct their business in one language, and for them, interpretation services are used only to facilitate access for foreign dignitaries, witnesses, and visitors;
• Accessible services, with closed captioning in French and English;
• Secure meetings that meet Members’ expectations of privacy;
• On-site operational support:
• custodial and facility support staff (HoC, Parliamentary Precinct Operations),
• procedural clerks (HoC, Procedural Services),
• technical staff to stage virtual committee meetings, including both pre- and
• post-meeting support (HoC, Digital Services and Real Property),
• research staff (Library of Parliament).

Guide for House of Commons Remote Committee Meetings

• To sign into the meeting: Click the link in the email invitation sent by the committee clerk; Download Zoom if necessary; At the Sign In page, click Sign in with SSO; In the Company domain field, type hoc-cdc-parl; Click continue. Participants may be asked to validate their identity through a second authentication method.
• All participants will be on mute for the duration of the meeting. When a participant’s name is announced, they will need to turn on their microphone by clicking the Unmute button.
• To raise a point of order during the meeting, committee members should ensure the microphone is unmuted and say “point of order: to get the Chair’s attention. Members wishing to intervene in the ensuing discussion should use the Raise Hand feature (explained in the following points.

House of Commons Committee Videoconference Quick Reference Guide

• Mute / Unmute is in the bottom left corner of screen.
• To access Raise Hand button: Click on Participants in the center of the bottom of the screen; Then click Raise Hand.
• In the top right corner of the screen, select Gallery view to display video feeds from all participants on one screen, if desired.

5. Committee Membership Profile

Liberal Party of Canada

Conservative Party of Canada

Bloc Québécois

New Democratic Party