Appearance before the Standing Committee on Public Safety and National Security (SECU), November 27, 2023

On this page

  1. Opening remarks
  2. Policy and legislation
  3. Messaging
  4. La Macaza Institution
  5. Proposed Legislation
  6. SECU Membership and relevant quotes

Alternate format

1. Opening remarks

Good morning, Chair and Members of this Committee.

Thank you for inviting me as part of your study on the rights of victims of crime, and the security classification and transfer of offenders.

These issues have received considerable public attention, following the transfer of offender Paul Bernardo from a maximum to a medium security institution this past summer. I would like to take the time today to explain more about how security classification, and reclassification work, and how we uphold victims’ rights in the process.

As we are here, my thoughts are with the victims of this offender and their families. What they have gone through is unimaginable. This offender committed horrific crimes and hearing about this case over the past months has brought up strong emotions, and rightly so. I regret any pain and concern this have caused. Public safety, and the victims’ safety, continues to be top of mind for us in any decisions we make.

Chair and members of this committee, I have worked with the Correctional Service of Canada for 40 years. I have dedicated my career to serving Canadians and upholding public safety.

I can attest first-hand that our correctional system works only if we perform our duties according to the law.

In Canada, one of the fundamental roles and legislated mandate of our correctional system is the rehabilitation of offenders. This is true for all those under our care and custody, including those offenders who are likely to remain incarcerated for the rest of their lives.

When an inmate is admitted to federal custody, they are assessed and assigned a security classification which helps determine their risk level and the institution where they will be placed.

In accordance with the law, CSC is required to review an offender’s security classifications at regular intervals. More specifically, we are required to review the security classification of inmates at medium and maximum security at least every two years.

This allows CSC to ensure inmates continue to be placed at the appropriate security level and that we are compliant with the Correctional and Conditional Release Act’s principle of using the least restrictive measures consistent with the protection of society, staff and offenders.

Our approach to both initial security classification and security reclassification is very rigorous. It includes the use of evidence-based assessment tools together with the professional judgment of specialized staff.

The assessment includes consideration of the security classification rating using the Custody Rating Scale or the Security Reclassification Scale. These are both actuarial tools that generate a score based on an inmate’s history. This includes, for example, any security-related incidents, previous escapes, and offence severity.

The assessment also includes consideration of three areas: the required degree of supervision and control within the institution, also referred to as institutional adjustment, escape risk, and public safety. These factors are set out in law and policy.

To be classified as maximum, an inmate must be rated High on institutional adjustment or rated High on both escape risk and risk to the safety of the public. To be classified as minimum, an inmate must be rated Low in all three areas. For any ratings that fall outside of this, inmates would be classified as medium security. No inmate who is a high risk to the public can go to a minimum-security institution. 

Inmates must be placed in an institution that correspond with their security classification.

It is important to stress that at any point, an inmate can be placed, or returned to, a higher security level if deemed necessary to ensure the safety of the public or an institution.

When deciding on which institution is most suitable for the management of an inmate, the law requires that CSC take into account a number of factors. This includes the availability of appropriate programs and services and the degree and type of control required to ensure the ongoing safety of the public, offenders, our staff and victims.

CSC has always required victim information to be considered in recommendations and decisions. At any time in an inmate’s sentence, a victim can submit a new or updated statement to CSC. These statements must be considered by the case management in the overall assessment for transfers prior to the decisions.

At CSC, we are committed to upholding victims’ rights and taking a victim-centered approach when making decisions or recommendations regarding offenders. We strive to provide victims with the information they need to have an effective voice in the federal corrections and conditional release process and ensure victims are treated with compassion, fairness, and respect.

Following the transfer of Paul Bernardo, I heard a wide array of views and felt it was important to order an additional review to make sure that this decision was compliant with the law, policies and procedures that guide our work and that the decisions to reclassify and transfer him were sound, evidence-based, and appropriately considered victims.

While the review committee concluded that CSC followed all applicable laws and policies, it also concluded that we could have had more proactive and meaningful discussions with victims.

It recommended that I establish a multi-disciplinary working committee to enhance policies and practices pertaining to victims, which I accepted and put in place.

The committee is comprised of 11 members, including victims as well as members of our CSC/Parole Board of Canada Regional Victim Advisory Committee members, corrections experts and the Federal Ombudsman for Victims of Crime.

The Multidisciplinary Committee on Victims Services started its work on November 17. Over the next months, it will explore how we provide services to victims of crime and also examine additional areas that could be further strengthened.

We have also recently undertaken a review of our policies to see how we can better serve victims and provide them with more timely information about the offender who harmed them.

Chair and members of this committee, transfers play an important role in CSC’s ability to manage the inmate population within our legal framework and are key to meeting our mission and mandate.

I know that our correctional system can only be successful if we continue to make informed decisions according to the law.

I want to close my remarks by acknowledging our employees. Though they work in challenging circumstances, I continue to remain confident in the ability of CSC employees to make informed assessments and decisions that both uphold the law and protect our institutions and communities.

Thank you.

2. Policy and legislation

Corrections and Conditional Release Act

Corrections and Conditional Release Regulations

Maximum

Medium

Commissioner’s Directive 710-2 Transfer of Inmates

3. Messaging

Dangerous offenders

Data

At the end of fiscal year 2022 to 2023, there were 919 active federal inmates with the DO designation. Of those, 726 were incarcerated in a CSC facility, 150 were in the community under supervision, 10 were temporarily detained in a CSC facility, 3 were temporarily detained in a non-CSC facility, 7 were on remand in a CSC facility, 21 were on remand in a non-CSC facility, one was UAL for less than 90 days and one was supervised and subject to an immigration hold by Canada Border Services Agency. Source: Performance Measurement and Management Reports, data current up to the end of fiscal year 2022 to 2023.

In the past 10 years, there have been 2 escapes by inmates designated as Dangerous Offenders. Source: Performance Measurement and Management Reports.

Escapes (General)

Statistics

Escapes from CSC institutions

The following figures represent the number of inmates who have escaped from CSC institutions each fiscal year from April 1, 2013 to March 31, 2023.

Table 1: Breakdown of escapes from CSC institutions per year starting by 2013-2014 and ending in 2022 to 2023.
Year  2013 to 2014 2014 to 2015 2015 to 2016 2016 to 2017 2017 to 2018 2018 to 2019 2019 to 2020 2020 to 2021 2021 to 2022 2022 to 2023
Total Inmates 13 15 18 10 18 16 12 11 5 11

Note that the institutional level where the escapes occurred is not available.

These numbers are subject to change further to new information becoming available. Source: Performance Measurement and Management Reports, data current up to the end of fiscal year 2022 to 2023

High Profile Offenders

Victim services and notification

Security classification of inmates

Security levels

Minimum security

The perimeter of a minimum-security institution is defined, but not directly controlled. Inmate movement and association are regulated but with little, or no, direct staff supervision. Arms/weapons are not retained in the institution.

Medium security

The perimeter of a medium-security institution is well-defined, secure and controlled. Inmate movement and association are regulated and supervised. Perimeter controls that are in place at medium-security facilities include Perimeter Intrusion Detection (PID) systems consisting of camera surveillance, electronic surveillance for movement, armed mobile patrols, and elevated security towers.

Maximum security

The perimeter of a maximum-security institution is well-defined, highly secure and controlled. Inmate movement and association are strictly regulated and directly supervised. Arms/weapons are retained in the institution and may be deployed within the perimeter. Perimeter controls that are in place at maximum-security facilities include PID systems consisting of camera surveillance, electronic surveillance for movement, armed mobile patrols, and elevated security towers.

Inmate transfers

Eligibility for transfer to a Healing Lodge

Changes in CSC’s transfer policies

Conditional release

Harm reduction

Contraband

Saskatchewan mass tragedy

Proposed response

4. La Macaza Institution

Overview

Programming

La Macaza Insitution
Millhaven Institution

5. Proposed Legislation

Bill C-320 - An Act to amend the Corrections and Conditional Release Act (disclosure of information to victims)

Quick facts

Bill C-342 - An Act to amend the Corrections and Conditional Release Act (maximum security offenders)

Quick facts

Bill C-351 - An Act to amend the Corrections and Conditional Release Act (maximum security offenders)

Bill C-357, An Act to amend the Government Employees Compensation Act

6. SECU membership and relevant quotes

Committee Overview

Party Members
LIBERAL

Heath MacDonald (Chair)

Peter Schiefke

Iqwinder Gaheer

Chris Bittle

Ron McKinnon

Jennifer O’Connell

CONSERVATIVE

Dane Lloyd

Eric Melillo

Doug Shipley (Vice-Chair)

Glen Motz

BLOC QUEBECOIS Kristina Michaud (Vice-Chair)
NEW DEMOCRATIC PARTY Peter Julian

Liberal Party of Canada (LPC)

Heath MacDonald, Liberal Party of Canada

Heath MacDonald, Committee Chair, Malpeque, Prince Edward Island

  • Elected to Parliament in 2021
  • Recent interventions of interest to CSC: 0
  • Recent CSC visits: 0
  • Recent CSC Parliamentary questions: 0

Jennifer O'Connell, Liberal Party of Canada

Jennifer O’Connell, Pickering – Uxbridge, Ontario

  • Elected to Parliament in 2015
  • Parliamentary Secretary to the Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs
  • Recent interventions of interest to CSC:
    • CSC continues to push for transparency in the criminal justice system.
    • CSC will make additional efforts to ensure it takes a trauma-informed approach that considers victims in cases of transfers and security reclassifications.
    • CSC to consider and take victim input into stronger consideration during these decision-making processes. 
    • In September 2023, wished to move an amendment that the committee hold a meeting on the rights of victims of crime and the security reclassification and transfer of offenders within CSC. This committee would invite Commissioner Anne Kelly, Deputy Minister Shawn Tupper and officials from the Department of Justice and Public Safety.
    • Amendment was agreed to. 
  • Recent CSC visits: 0
  • Recent CSC Parliamentary questions: 0

Chris Bittle, Liberal Party of Canada

Chris Bittle, St. Catharines, Ontario

  • Elected to Parliament in 2015
  • Recent interventions of interest to CSC:
    • In September 2023, in response to the suggestion of including victim representations in the study, asked whether victims were consulted about wanting to be included in the study. 
  • Represents the St. Catharines area where the crimes were committed.
  • Recent CSC visits: 0
  • Recent CSC Parliamentary questions: 0

Ron McKinnon, Liberal Party of Canada

Ron McKinnon, Coquitlam – Port Coquitlam, British Columbia

  • Elected to Parliament in 2015
  • Elected SECU Chair in September 2022
  • Former Chair of the Standing Committee on Health (HESA)
  • Recent interventions of interest to CSC: 0
  • Recent CSC visits: 0
  • Recent CSC Parliamentary questions: 0

Peter Shiefke, Liberal Party of Canada

Peter Shiefke, Vaudreuil – Soulanges, Quebec

  • Elected to Parliament in 2015
  • Recent interventions of interest to CSC: 0
  • Recent CSC visits: 0
  • Recent CSC Parliamentary questions: 0

Iqwinder Gaheer, Liberal Party of Canada

Iqwinder Gaheer, Mississauga - Malton

  • Elected to Parliament in 2021
  • Recent interventions of interest to CSC: 0
  • Recent CSC visits: 0
  • Recent CSC Parliamentary questions: 0

Conservative Party of Canada (CPC)

Doug Shipley, Conservative Party of Canada

Doug Shipley, Barrie – Springwater – Oro-Medonte, Ontario

  • Elected to Parliament in 2019
  • Recent interventions of interest to CSC:
  • In September 2023, he circulated a motion calling for a study on Paul Bernardo (PB)’s transfer. This motion proposes that former Minister Marco Mendicino, Commissioner Anne Kelly, Deputy Minister Shawn Tupper, and Minister Dominic LeBlanc make brief appearances for discussion of this transfer and how to prevent such transfers moving forward.
  • Read out a letter from Thorold City Council requesting the mayor send a letter to CSC expressing support for keeping PB in a maximum-security institution.
  • Read out two letters addressed to Commissioner Anne Kelly and the Prime Minister which also expressed support for keeping PB in a maximum-security institution and requested a legislation change to ensure more transparency in the correctional parole system and examine the guidelines surrounding the transfer of dangerous offenders. 
  • Recent CSC visits: 0
  • Recent CSC Parliamentary questions: Yes

Dane Lloyd, Conservative Party of Canada

Dane Lloyd, Sturgeon River – Parkland, Alberta

  • Elected to Parliament in 2017
  • Recent interventions of interest to CSC:
    • In June 2023, he stated that he had a document from the Library of Parliament which contained a description of C-83, which says that CSC must provide the “least restrictive conditions” for offenders.
    • Also states that the transfer of PB was a direct consequence of Bill C-83.
    • In September 2023, suggests that the committee hear from the families of victims about this transfer during the study.
    • Calls into question the communications between CSC and the MO (in the context of why the former Minister wasn’t notified).
    • Put forward another amendment to include representations from victims’ families, the minister’s office, and government officials cited in the previous amendment. 
  • Recent CSC visits: 0
  • Recent CSC Parliamentary questions: 0

Glen Motz, Conservative Party of Canada

Glen Motz, Medicine Hat—Cardston—Warner, Alberta

  • Elected to Parliament in 2016
  • Recent interventions of interest to CSC:
    • Order Paper question was placed to CSC asking for the number of dangerous offenders in minimum and medium security institutions, and how many offenders with multiple murder convictions are at medium security institutions.
    • Echoed the Conservative Party Leader’s call on the Prime Minister to issue a directive to require all mass murderers remain in maximum security prisons for the entirety of their sentence or for Parliament to pass a Conservative bill with the same requirement.
    • Stated that Bill C-83 is what paved the way for the PB transfer and re-iterated that this bill prioritizes a “least restrictive environment for prisoners,”.
    • Echoes a need for a new directive for how CSC handles mass murderers (i.e., having them serve time in maximum security prison for their full sentence).
    • Introduction of Mr. Baldinelli’s private member’s bill C-342, which would permanently assign a maximum-security classification to multiple murderers and court order dangerous offenders.
    • Called on the minister to issue a directive and reverse the transfer of PB
  • Recent CSC visits: 0
  • Recent CSC Parliamentary questions: Yes

Eric Melillo, Conservative Party of Canada

Eric Melillo, Kenora, Quebec

  • Elected to Parliament in 2019
  • Recent interventions of interest to CSC:
    • In September 2023, re-iterated the Conservative members’ call for more than one meeting on the topic of PB Transfer. 
  • Recent CSC visits: 0
  • Recent CSC Parliamentary questions: 0

Bloc Quebecois (BQ)

Kristina Michaud, Bloc Quebecois

Kristina Michaud (Vice-Chair), Avignon – La Mitis – Matane – Matapédia, Quebec

  • Elected to Parliament in 2019
  • Previously served on SECU in the last Parliament as the BQ’s Public Safety critic
  • Recent interventions of interest to CSC:
    • Asked former Minister Marco Mendicino why he was not informed of PB’s transfer when the briefing note was sent to his office.
    • Re-iterated that the MO was aware of PB’s transfer three-months prior and questioned why it is that Ministers are not aware of hot issues.
    • In September 2023, echoed the need to keep discussions of PB’s transfer non-partisan. 
  • Recent CSC visits: Visited Port-Cartier in September along with the former Parliamentary Secretary
  • Recent CSC Parliamentary questions: 0

New Democratic Party (NDP)

Peter Julian, New Democratic Party

Peter Julian, New Westminster, Burnaby British Columbia

  • Elected to Parliament in 2004
  • Became the NDP Critic for Public Safety on February 3, 2023, replacing Alistair MacGregor.
  • Recent interventions of interest to CSC:
    • Suggested that, in a separate motion, the Minister of Public Safety appear before the committee to be questioned on a number of issues.
  • Recent CSC visits: visited Kent Institution and Mountain Institution alongside USJE in August 2023.
  • Requested the addition of union partners.
  • Introduced Bill C-357, An Act to amend the Government Employees Compensation Act
  • Recent CSC Parliamentary questions: 0

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