Appearance before the Standing Committee on Public Safety and National Security (SECU), March 21, 2024

On this page

• 1. Financial notes
  • 1.1 Supplementary estimates C
  • 1.2 Supplementary estimates C – messaging
  • 1.3 Main estimates – messaging
  • 1.4 Financial snapshot (2023 to 2024 situation end of January 31, 2024)
• 2. Hot issues notes
  • 2.1 Security classification and transfers
  • 2.2 Dangerous offenders
  • 2.3 Victim services and notifications
  • 2.4 Multi-Disciplinary working committee on victims
  • 2.5 Transfer of offender Magnotta
  • 2.6 Inmate recreational activities
  • 2.7 Structured intervention units
  • 2.8 Harm reduction measures and prison needle exchange program
  • 2.9 Brazeau, Reddock and Gallone administrative segregation class actions
  • 2.10 Mental health
  • 2.11 Overrepresentation of Indigenous peoples
  • 2.12 Implementation of Section 81 releases (healing lodges)
  • 2.13 Correctional interventions for Black offenders
  • 2.14 Mother-Child Program
  • 2.15 Terry Baker Inquest
  • 2.16 Saskatchewan mass tragedy
  • 2.17 Dry cells and body scanners
  • 2.18 Contraband detection
  • 2.19 Medical Assistance in Dying
  • 2.20 Conditional release
  • 2.21 Education programs in CSC institutions
  • 2.22 Employment and employability skills programs
  • 2.23 2023 OAG report - diversity in the workforce and anti-racism initiatives
  • 2.24 2022 to 2023 Annual Report of the Office of the Correctional Investigator
  • 2.25 Gender diverse offenders

1. Financial notes

1.1 Supplementary estimates C

The 2023 to 24 Final Supplementary Estimates “C” net total amount for the Correctional Service of Canada (CSC) is $35.3M, or 1.0% of estimates to date.

Table 1: Table showing an overview of the 2023 to 24 final supplementary estimates "C"

Organizations  ($M)	Authorities to date ($M)	These supplementary estimates ($M)	Proposed authorities to date ($M)	Change ($M)
PS	2,771.6	222.5	2,994.1	8.0%
CBSA	2,949.3	57.4	3,006.7	1.9%
CSIS	724.6	(1.4)	723.3	-0.2%
CSC	3,612.7	35.3	3,648.0	1.0%
PBC	72.8	0	72.8	0.0%
OCI	6.9	0	6.9	0.0%
RCMP	5,152.7	276.3	5,429.0	5.4%
ERC	6.6	0	6.6	0.0%
CRCC	16.9	0	16.9	0.0%
Total – portfolio	15,314.0	590.1	15,904.1	3.9%

Correctional Service of Canada (CSC)

Table 2: Breakdown of supplementary estimates "C" for CSC

Vote	Authorities to date ($M)	Transfers ($M)	Adjustments ($M)	Proposed Authorities to Date ($M)	Change (%)
Vote 1 – Operating expenditures, grants and contributions	3,077.7	1.8	24.0	3,103.4	0.8%
Vote 5 – Capital expenditures	260.2	(1.8)	10.6	269.0	3.4%
Vote 10 – CORCAN revolving fund	0	0	0.0	0	0.0%
Total voted	3,337.9	0	34.6	3,372.5	1.0%
Total statutory	274.7	0	0.7	275.5	0.3%
Total budgetary expenditures	3,612.7	0	35.3	3,648.0	1.0%
These supplementay Estimates	0	0	35.3	0	0

CSC’s Appropriations

CSC has received Treasury Board authority (TBS) to increase its appropriations by $34.6M for the following items:

• $19.8M in funding to cover expenditures due to changes in offender population volumes and price fluctuations
• $14.8M in funding for the Rehabilitation of CSC’s Facilities; and
• $1 in funding to authorize the inclusion and adjustment of an authority embedded in vote wording

CSC has $0.7M of Statutory funding related to the Employee Benefit Plan.

CSC is proposing to transfer a total of $1.8M from Vote 5 – Capital expenditures to Vote 1 – Operating expenditures for the Offender Management System Modernization Project. 

Authorities to date $3,612.7M compared to the previous year $3,331.4M

CSC’s authorities to date increased by $281.3M.

Increases

• $105.0M increase in Vote 1 – Operating Expenditures related to compensation for the funded portion of Collective Agreement increases
• $97.1M increase in Vote 1 – Operating Expenditures related to funding for class action lawsuits
• $45.6M increase in Vote 1 – Operating Expenditures related to funding to stabilize operations towards rising Workers’ Compensation Board costs
• $42.0M increase in Vote 1 – Operating Expenditures related to changes in prices and volume of goods and services being procured
• $15.1M increase in Vote 1 – Operating Expenditures in funding for equipment and licenses to maintain a hybrid workforce
• $14.2M increase in Vote 1 – Operating Expenditures funding related to Transforming Federal Corrections (Bill C-83)
• $11.4M increase in Vote 1 – Operating Expenditures related to funding for maintaining enhanced cleaning protocols across correctional facilities
• $9.3M increase in Statutory Expenditures related to the department’s allocation of the employer’s share of the employee benefits plan
• $6.9M increase ($2.4M in Vote 1 – Operating Expenditures and $4.5M in Vote 5 – Capital Expenditures) in funding for essential network enhancements
• $6.1M increase ($2.2M in Vote 1 – Operating Expenditures and $3.9M in Vote 5 – Capital Expenditures) in funding to modernize existing security equipment infrastructure capability
• $4.1M increase in Vote 5 – Capital Expenditures related to funding for Capital Budget Carry-Forward
• $1.3M increase in Vote 5 – Capital Expenditures in funding to reduce suspension points in correctional facilities infrastructure, and
• $0.9M increase in Vote 1 – Operating Expenditures in funding to increase capacity to address and foster a timely redress and resolution of offender grievances

Decreases

• ($44.6M) decrease in Vote 1 – Operating Expenditures related to funding to support pressures related to COVID-19
• ($15.2M) decrease in Vote 1 – Operating Expenditures related to funding for Operating Budget Carry-Forward
• ($13.7M) decrease in Vote 5 – Capital Expenditures related to the re-profile of unused 2021 to 2022 funding for the completion of capital projects
• ($1.6M) decrease in Statutory Expenditures resulting from a reduction of the drawdown of the CORCAN revolving fund authority
• ($1.1M) decrease in Vote 1 – Operating Expenditures related to funding for the Application Modernization Initiative
• ($1.1M) decrease in Vote 1 – Operating Expenditures related to the re-profile of unused 2021 to 2022 funding for the completion of Innovative Solutions Canada projects
• ($0.2M) decrease in Vote 1 – Operating Expenditures related to the transfer of funds to the Royal Canadian Mounted Police for Law Enforcement Record Check Services; and
• ($0.2M) decrease in Vote 1 – Operating Expenditures related to Federal Contaminated Sites Action Plan

1.2 Supplementary estimates C – messaging

Changes in offender population volumes and price fluctuations

• CSC has sought incremental funding for 2023 to 2024 to address immediate pressures faced by changes in offender population volumes and price fluctuations
• Of the funding to be authorized through the 2023 to 2024 Final Supplementary Estimates “C”, $19.8M represents an increase in CSC’s voted operating authorities to support pressures in offender population volumes and price fluctuations
• This funding will be used to address pressures facing CSC due to fluctuations in offender population levels and/or price changes on specific quasi-statutory items

Rehabilitation of Correctional Service Canada’s facilities

• CSC has sought incremental funding for 2023 to 2024 to rehabilitate aged facilities by planning and implementing activities and works highlighted in the Accommodation Plan 2020 to 2025.
• Of the funding to be authorized, $14.7M represents an increase in CSC’s voted operating and capital authorities to support pressures related to the maintenance and repair of correctional facilities
• Also included is an increase of $0.7M of statutory funding for the department’s allocation of the employer’s share of the employee benefit plan, associated to the funding to support pressures related to the maintenance and repair of correctional facilities
• Modernizing CSC’s facilities in the process of replacement and repair will permit improved and sustained ability to meet current and future changes in correctional operations that older infrastructure design cannot address

Financial implications – changes in offender population volumes and price fluctuations

The funds will support CSC, in order to address funding pressures due to fluctuations in offender population levels and/or price changes on specific quasi-statutory items.

Financial implications – rehabilitation of Correctional Service Canada’s facilities

The funds will support CSC, in making investments that provide affordable, effective, and efficient facilities that fully support modern program requirements and security operations, while providing a safe, secure and healthy environment for offenders, employees, stakeholders and visitors.

The cost breakdown is detailed below

• Salaries: $1.2M
• Operating: $3.0M
• Capital Salaries: $1.6M
• Capital: $9.0M
• EBP: $0.7M

Total $15.5M

1.3 Main estimates – messaging

• The Correctional Service of Canada (CSC) has sought a 3.9% increase in the 2024 to 25 Main Estimates compared to the previous year
• Increases in these Main Estimates are due to a number of factors, which include compensation for the funded portion of collective agreement increases ($106.1M), funding to stabilize operations related to workplace injuries ($54.9M), as well as quasi-statutory funding to cover expenditures due to changes in offender population levels and price fluctuations ($42.0M)
• There are also increases related to the upgrade of correctional facilities ($51.6M), funding for equipment and licenses to maintain a hybrid workforce ($15.5M), and the reduction of suspension points in correctional facilities to increase inmate safety ($14.6M)
• Offsetting decreases include funding for class action lawsuits ($-119.6M) and Refocusing Government Spending ($-48.5M)

Background

In 2024 to 2025 there is $2,017.5 million of spending on Care and Custody, $516.9 million of spending on Correctional Interventions, $187.8 million of spending on Community Supervision, and $449.1 million of spending on Internal Services.

The Correctional Service of Canada is amending the wording of Vote 10a to reduce the drawdown limit of the CORCAN Revolving Fund from $17.0 million to $11.0 million in 2024 to 2025. The limit will gradually decrease until fiscal year 2025 to 2206, at which point it will return to the original $5.0 million threshold.

The slight decrease in planned spending from 2024 to 2025 to 2025 to 2026 is mainly attributable to sunsetting funding for measures received to support correctional operations and Refocusing Government Spending, which further declines in 2026 to 2027.

Table 3: 2023 to 2024 P10 operating surplus ($millions)

Description	Total
Regions	15.7
Health	(0.0)
Sectors	5.8
Centrally Managed	0.4
Reserve 1	35.0
Total	56.9

1 Amounts were adjusted of the anticipated authorities from TBS.

As of P10, there is a surplus in operating of $56.9M, essentially all in personnel, mainly due to vacant positions and anticipated funding from TBS.

2. Hot issues notes

2.1 Security classification and transfers

Proposed response

Security classification

• As per our policy, CSC must review the security classification of inmates at least every 2 years for medium and maximum-security inmates
• CSC is required to ensure all inmates are placed in institutions that match their security level
• CSC's approach to both initial security classification and subsequent security reclassification includes the use of evidence-based assessment instruments along with the professional judgment of specialized staff and psychological assessments, if applicable
• A change to the security classification of inmates is based on the assessment of their risk related to institutional adjustment, escape risk, and risk to public safety in the case of an escape. These factors are set out in law and policy

Inmate transfer

• Transfers of inmates from one institution to another may occur for many reasons, including when an offender’s security classification is reviewed
• When transferring an inmate, CSC takes into account the degree and type of control they require to ensure the ongoing safety of the public (including victims), inmates, and our staff we well as the availability of programs and interventions
• All transfers of inmates to lower levels of security occur only after CSC has duly considered public safety
• An inmate can be returned to a higher security level at any point if deemed necessary to ensure the safety of the public or our institutions
• Decisions around inmate specific cases and CSC operations fall under the purview of CSC. The Minister does not have a role or authority in security classification or transfer of offenders
• The decision to reclassify, and ultimately transfer an inmate from maximum to medium requires the authorization from:
  
  • Deputy Warden, for all cases except those serving a life sentence for murder or Dangerous Offenders
  • Warden, for those serving a life sentence or Dangerous Offenders
  • Assistant Commissioner of Correctional Operations and Programs or Deputy Commissioner for Women (for women offenders), for those serving a life sentence for murder and inmates convicted for a terrorism offence within the first 2 years from initial security classification

2.2 Dangerous offenders

• Protecting the safety and security of our institutions and communities is a top priority for CSC
• The designation of a Dangerous Offender is determined by courts, pursuant to the Criminal Code Section 753 (4)
• The Dangerous Offender designation provides an additional measure of public safety as it alerts the staff of CSC, as well as the Parole Board of Canada (PBC), that the offender belongs in a high-risk category
• The Service regularly assesses all offenders including Dangerous Offenders, to ensure that they continue to be placed at the appropriate security level
• The transfer of an offender to a lower security level depends on their progress against the objectives of their correctional plan and upon the assessment of the risk for public safety, escape and institutional adjustment, in accordance with the Corrections and Conditional Release Regulations (CCRR)
• Offenders, including Dangerous Offenders will not be classified as minimum security until CSC assesses that they present:
  • a low probability of escape, and
  • a low risk to the safety of the public in the event of escape, and
  • requiring a low degree of supervision and control within the penitentiary
• In the case of Dangerous offenders, the decision maker for the reclassification to minimum security is the Assistant Commissioner, Correctional Operations and Programs (ADM level)
• 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

Escapes

• Appropriate mitigation strategies are in place to ensure that risks to institutions and communities are properly managed
• In the past 10 years, there have been 2 escapes by inmates currently designated as Dangerous Offenders. Both were recaptured: one occurred within less than 24 hours and the other within 1 week. No injuries or new charges were reported

Transfers to lower security levels

• Before making any decision, CSC considers each offender’s risk to staff, other offenders, and the institution as a whole
• The transfer of an offender to a lower security level depends on their progress against the objectives of their correctional plan and upon the assessment of the risk for public safety, escape and institutional adjustment in accordance with the CCRA
• 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
• As a result, some dangerous offenders may never be classified as minimum-security nor do they return to our communities

2.3 Victim services and notifications

Proposed response

• CSC is committed to upholding victims’ rights and taking a victim-informed approach when making decisions regarding offenders
• This includes reviewing all victim statements on file, whether submitted in court or directly to CSC. At any time in an offender’s sentence, a victim can submit a new or updated statement to CSC for consideration
• CSC provides information and notifications to victims based on provisions in the CCRA for individuals who meet the definition of a victim under the law
• Victims may register to receive information on matters relating to offenders, including transfers, unescorted temporary absences, and parole board hearings
• Victim concerns must be included in the overall assessment for transfers prior to the decisions. Victim services staff are consulted as part of this decision-making process, and we work to uphold the Canadian Victim Bill of Rights

Victims' notification - Bernardo

• In this case, victims were called twice, once prior to the transfer as a heads up, and after the transfer was complete
• They also received written notification. The information provided to them included the security level, location, and a summary of the reasons for the transfer
• We also explained the differences between medium and maximum institutions
• Registered victims also received a Correctional Plan Progress Report for Paul Bernardo

2.4 Multi-Disciplinary working committee on victims

• On July 20, 2023, the Review Committee recommended that CSC’s Commissioner establish a multi-disciplinary working committee. CSC accepted this recommendation and launched the committee on November 17, 2023
• The Committee met weekly from November 17, 2023 to February 2, 2024. At every meeting, federal government officials provided presentations that responded to the areas of interest outlined by the Review Committee. Members were then invited to ask questions, provide comments, express concerns or recommendations
• There were eleven (11) total members, 4 of whom were victims/survivors of crime. Two members had expertise in corrections, including services for offenders in institutions and in the community. The Federal Ombudsman for Victims of Crime participated as a special advisor. Senior officials from CSC, the Parole Board of Canada (PBC) and Public Safety Canada (PS) were part of the committee and CSC provided all secretariat support
• The final report is now complete and represents a summary of the discussions and feedback received, as well as the Committee’s recommendations for CSC, the PBC and PS. It will be made public in the coming weeks
• CSC is committed to working with other federal agencies to maximize what can be done to better serve and meet the needs of victims within the current legislative framework
• A multi-year work plan will be developed, and CSC will continue to report back to the Committee on progress

2.5 Transfer of offender Magnotta

• CSC is committed to maintaining the safety and security of our institutions and our communities
• As part of this, CSC must review the security classification of medium and maximum-security inmates at least every 2 years to ensure they are placed at the appropriate institution
• Decisions pertaining to security reclassifications are very thorough and only when it is determined that an offender can be safely managed in a medium-security facility will such a decision to transfer be made
• The offender began their sentence in 2014 and was transferred to a medium-security facility in 2022, which has a well-defined perimeter with high-fences, is strictly guarded 24/7 and is patrolled by armed officers
• There is nothing new regarding transfers relevant to this offender, since 2022
• This offender has been securely behind bars for close to a decade, and continues to be in a secure institution, serving a life sentence
• It is important to note that, at any time, an inmate can also be immediately returned to a higher security level if this is deemed necessary to ensure the safety of the public or our institutions

2.6 Inmate recreational activities

• For many decades, CSC has provided offenders with the opportunity to participate in basic physical and recreational activities
• These types of activities exist in maximum, medium and minimum-security facilities
• By participating in this type of programming, offenders’ time is better occupied and spent in a healthy manner
• Inmates can participate in recreational activities during specified periods and in a structured manner

If pressed – La Macaza

Sporting and recreational facilities at this institution have been there for over two decades

If pressed – Hockey rink

• There is currently no functioning hockey rink being used by inmates at La Macaza
• While rink boarding is in place at the institution, there has been no ice for the past 7 years
• It should also be noted that opportunities to participate in recreational activities is not unique to La Macaza and can be found in other institutions
• Recreational equipment, much like most aspects of an institutional prison setting, are more basic in nature
• There have not been any recorded violent incidents there since its establishment in 2002

If pressed – Cost to taxpayers

• During years where the ice rink was in operation, maintenance was done by inmates.
• Sporting equipment is purchased using the Inmate Welfare Fund. Contributions to this fund are deducted from inmate income. Taxpayer dollars are not used to purchase sporting equipment for inmates, for example hockey sticks.

2.7 Structured intervention units

Proposed response

• In November 2019, CSC abolished administrative segregation and implemented a new Structured Intervention Unit (SIU) model
• Before transferring an inmate to an SIU, every possible alternative is explored, such as mediation or conflict resolution, transfer to a different unit or range, involvement of the Inmate Welfare Committee or staff who are engaged with the inmate, such as an Elder, Chaplain or Indigenous Liaison Officer
• SIUs are meant as a temporary measure to help inmates adopt more positive behaviours that keep the institution safe and secure
• Each day that an inmate is in the SIU, CSC has an obligation to offer inmates a minimum four hours out of their cell, with two hours of interaction with others; as well as a shower, health care visit and Institutional Head visit
• In 2022 to 2023, 63.9% of inmates transferred to an SIU successfully reintegrated into the mainstream inmate population compared to 56.2% in 2020 to 2021
• The Service continues to make improvements to the implementation and management of SIUs, based on internal analysis, best practices and external reviews and recommendations

Enhancements

• In response to feedback CSC has received from both internal and external reviews and recommendations, a number of changes have been adopted to the SIU model. This includes:
  • Increasing opportunities for inmate engagement
  • Improving data collection, tracking and reporting
  • Understanding and addressing regional differences across different SIUs
  • Enhancing employee training and development, as well as enhancing its staffing model.

Reviews

• A transfer to SIUs is overseen at multiple points including by the Institutional Head after 5 days and 30 days, the Senior Deputy Commissioner at 60, Assistant Deputy Commissioner Correctional Operations at 45 days and Independent External Decision Makers (IEDM) at 90 days, then every subsequent 30 days.
• There is a condition of confinement review by an IEDM if the minimum is not met every 5 days or 15 out of 30.

External oversight

• One important difference between the previous regime and the current is that IEDMs provide oversight of an inmate’s conditions and duration of 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 recommendations to 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 following their decision, the IEDM must determine more generally if the inmate should be released from the SIU

Overrepresentation within an SIU

• Among other significant changes, Bill C-83 enshrined in law CSC’s obligation to consider systemic and background factors unique to federally-sentenced Indigenous people in all decision-making
• Before authorizing transfer of an Indigenous inmate to an SIU, CSC will consider Indigenous Social History and identify culturally appropriate alternatives and consultation with interdisciplinary team
• When a transfer is necessary, CSC continues to offer culturally appropriate support through access to Elders, Spiritual Advisors, and Indigenous Liaison Officers
• Examples of initiatives to provide culturally based opportunities for time out of cell and interactions with others in SIUs include the building of a sweat lodge and dedication of a cultural room for inmates in the SIU at Stony Mountain Institution, as well as a painting initiative at Kent Institution.

2.8 Harm reduction measures and prison needle exchange program

Proposed response

• Canadians across the country have been impacted by the tragic and ongoing opioids crisis, and those living within our federal institutions are no exception
• One of CSC’s top priorities is ensuring that inmates have access to quality, safe, patient-centred health care
• To help save lives and prevent the spread of infectious diseases, over the last number of years, CSC has introduced a number of harm reduction measures to better support those living with problematic substance use
• This includes the Opioid Agonist Treatment, the expansion of the Prison Needle Exchange Program (PNEP), and the establishment of the world’s only prison-based Overdose Prevention Service (OPS)
• Mental health and problematic substance use is first-and-foremost a health issue, and we continue to work to break down stigma, while providing effective and appropriate harm reduction and treatment options
• We will continue to expand treatment and harm reduction services, including the implementation of PNEP and OPS at additional sites across the country

Prison Needle Exchange Program

• This program works complement existing harm reduction measures available to federal inmates to prevent the sharing of needles, facilitate referrals to health care services and programs, and limit the spread of infectious diseases, such as the Human Immunodeficiency Virus (HIV)/AIDS and Hepatitis C Virus (HCV) in federal institutions
• The program provides an opportunity for healthcare staff to engage with patients about substance use in a clinical environment
• By implementing multiple targeted initiatives to our incarcerated population to prevent and manage drug use, including opioid use, we have shown that we are committed to the individuals under our care
• We remain committed to the further implementation of PNEP and OPS across the country in comprehensive consultation with incarcerated individuals, employees and labour partners

Concerns about injury

• Before an individual can participate in the PNEP, CSC must complete a Threat Risk Assessment (TRA), to confirm that it is suitable to allow the individual to possess a needle, similar to the one currently being used for EpiPens and needles for insulin use
• At the 10 locations that offer these services, there have been no reported injuries or assaults involving staff or inmates associated with operating PNEP

Overdose prevention sites

• CSC has implemented 3 Overdose Prevention Services (OPS), which are the only existing prison-based supervised consumption sites known worldwide
• The primary goal of OPS is to prevent overdose deaths by having health care professionals present who can respond to medical emergencies
• In addition, OPS offers ongoing efforts to reduce the transmission of infectious disease, reduce the occurrence of skin infections, and facilitate referrals to other health care services and programs

2.9 Brazeau, Reddock and Gallone administrative segregation class actions

Proposed response

• CSC remains committed to meeting its legal obligations
• Three certified class actions, known as Brazeau, Reddock, and Gallone, challenged the use of administrative segregation in federal correctional institutions
• The Court awarded damages for diagnosed seriously mentally ill (SMI) offenders who were placed in administrative segregation, and to non-SMI offenders placed in administrative segregation for more than 15 consecutive days
• We have been working with the appointed external claims administrator and class counsel to ensure the Protocol is implemented as outlined by the Courts

2.10 Mental health

Proposed response

• One of CSC’s key priorities is the provision of professional, clinically-independent, culturally responsive and coordinated person-cantered care
• This is underscored by its legislative mandate to provide every inmate with essential health care and reasonable access to non-essential health care, in keeping with professionally accepted standards
• Effective and timely intervention in addressing the mental health needs of offenders is a priority
• CSC has a mental health service delivery model to ensure essential mental health care services match the needs of the offender population
• Mental health services are provided along a continuum of care, and individuals have access to mental health care provided by qualified health care professionals, based on an individualized assessment of their needs
• Mental health awareness training is offered to institutional staff

Mental health investments

• In 2019, funding associated with An Act to amend the Corrections and Conditional Release Act and another Act provided CSC with significant ongoing investments of $74 million annually
• These enhancements direct incarcerated individuals with mental health needs to the right pathway of care so that they can receive appropriate and timely care

Mental health in the community

• For offenders in the community, provincial governments are accountable for the provision of health care services
• However, to assist individuals as they transition to the community, mental health services and supports are made available to assist offenders with serious mental health concerns in their release planning and transition to the community
• Staff members regularly liaise and work with community resources to facilitate a smooth and coordinated transfer of care to community-based mental health and social services, including services to address substance use

2.11 Overrepresentation of Indigenous peoples

Proposed response

• The overrepresentation of Indigenous peoples in the criminal justice system and correctional institutions is a reflection of the systemic disparities that all levels of government must work to fix
• We share the concerns about the overrepresentation of Indigenous peoples in federal institutions and are committed to taking actions to address systemic factors that have contributed to the disproportion, which includes:
  • Hiring a Deputy Commissioner for Indigenous Corrections in May 2023
  • The creation of Indigenous Interventions Centres to provide streamlined support to Indigenous offenders, from the commencement of their sentence
  • The streamlining of the Section 84 release process to remove barriers to early release to Indigenous communities
  • The implementation of several reintegration initiatives that support Indigenous offenders as they transition to a life in the community, including project funding for Indigenous organizations delivering trauma and life skills interventions
  • Implementing the Indigenous Offender Employment Initiative in Prairie, Ontario and Pacific regions
  • Culturally relevant correctional programming for Indigenous offenders and Inuit men offenders as well as training for staff
  • Developing a culturally appropriate and Indigenous-informed security classification process, in partnership with universities and Indigenous communities

Progress

• The percentage of federally sentenced Indigenous people who were granted a discretionary release at the time of their first release increased by 13% in the past decade, from 27% in 2012 to 2013 to 40% in 2022 to 2023
• In 2022 to 2023, 81% of federally sentenced Indigenous people did not return to federal custody within five years of reaching the expiration of their sentence which is an increase from 79% in 2018 to 2019
• The percentage of Indigenous offenders who waived their full parole hearings decreased from 39% in 2016 to 17 to 26% in 2021 to 2022

2.12 Implementation of Section 81 releases (healing lodges)

Proposed response

• Healing lodges offer services and programs that reflect Indigenous culture in an environment that incorporates Indigenous peoples’ traditions and customs
• CSC continues to enhance collaboration with Indigenous partners to create more opportunities for First Nations, Métis, and Inuit communities to help support the successful reintegration of Indigenous people under supervision in the community
• This includes working with and funding Indigenous organizations and communities, while also working towards creating additional agreements to ensure that federally-sentenced Indigenous people have access to culturally relevant programming and supports to expedite their safe return to the community

Progress

• In 2017, CSC strengthened the Section 81 funding arrangement to better support operations and respond to the needs of Indigenous governing bodies or Indigenous organizations managing Healing Lodges
• The funding model was enhanced with the inclusion of a guaranteed base funding and variable per diem funding model to provide a stable financial foundation while incentivizing optimal utilization of facility resources
• 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 July 2022, CSC introduced policy changes relating to the management of Section 81 agreements which are intended to reduce barriers to the full utilization of existing agreements and the creation of new agreements through relationship-building and renewed partnerships with Indigenous communities and organizations
• In fiscal year 2022 to 2023, there was a 28.95% increase in the number of federally-sentenced Indigenous people transferred to a healing lodge over the previous fiscal year

2.13 Correctional interventions for Black offenders

Proposed response

• In order to better support incarcerated Black individuals, and those in the community, CSC has piloted dedicated positions in different regions to assist offenders in their correctional path and to provide culturally relevant information for case management
• CSC continues to provide interventions and services aimed at supporting their reintegration. This includes:
  
  • Addressing cultural, employment and mentorship needs
  • Working collaboratively with community service providers and volunteers, when possible
  • Providing culturally relevant materials and learning opportunities; and
  • When appropriate, recommending and facilitating Day Parole to “other locations”, which may include offenders’ home communities, or locations with increased access to relevant supports for successful reintegration
• Additionally, CSC finalized qualitative research, in collaboration with Nipissing University, to better understand the correctional experiences of ethnocultural offenders, including Black offenders
• In 2022, CSC also released an exhaustive quantitative research project on ethnocultural offenders that considered diversity trends in the incarcerated population; admission profiles; in-custody experiences; and community supervision indicators including release outcomes
• In 2023, CSC launched an Expression of Interest for community supports interested in offering services for Black or other racialized offenders. This will help CSC to identify new individuals, groups or organizations that could support offenders in our care and custody
• CSC is also working on developing a Black Offender Strategy to identify new opportunities to address the unique lived experiences and barriers faced by federally sentenced Black individuals
• To better support ethnocultural offenders, CSC created an Ethnocultural Action Framework and has over 60 staff members that have been identified as Ethnocultural Site Coordinators at institutions across the country to provide support to ethnocultural offenders, including those who are Black and from other racialized groups

2.14 Mother-Child Program

Proposed response

• The Mother-Child Program helps to foster positive relationships between mothers and their children, and to assist in the rehabilitation and successful reintegration of women offenders
• The program is available in all women's institutions and at Okimaw Ohci, CSC’s Indigenous Healing Lodge for women

2022 to 2023 CSC initiatives for the Mother Child Program

• CSC is reviewing the Mother-Child Program
• CSC will review the program requirements and eligibility criteria for the Program, increase access and participation by removing barriers, particularly for Indigenous mothers; and to collect, track, and publicly report on participation to better understand who it is serving and how the program is functioning
• The review also takes into consideration the most recent Commissioner’s mandate letter which calls for the expansion promotion for, participation in, and resourcing of the mother-child program in women's CSC facilities

Initiatives to facilitate greater access to the program

• CSC is reviewing the eligibility criteria to expand safe participation in the program while being mindful that the safety of the child is paramount
• This includes: Revising the definition of “mother” to be further inclusive of culture and various family structures, inter-generational parenting, and kinship supports
• It also includes developing an awareness campaign within women's CSC facilities to encourage greater participation in the Mother-Child Program
• CSC is also expanding the non-residential component of the program to include and capture interactions that promotes the mother-child bond (for exmple, parent education, expanding post-natal services, organizing community partner visits, temporary absences for family purposes, etc.)

2.15 Terry Baker Inquest

Proposed response

• CSC takes the death of an offender very seriously, and our thoughts are with the family and friends of Terry Baker during this difficult time 
• CSC is carefully reviewing the findings and recommendations arising from the inquest with a goal of continually improving its policies and practices, including in response to recommendations issued by a jury
• In addition, and as per its legislative mandate, CSC also convened a Board of Investigation (BOI) into this death in custody
• Recommendations were made, and all were supported by CSC. In response to the BOIs recommendations, CSC has:
  • Implemented a Clinical Framework for Identification and Intervention for individuals at risk of Suicide or Self-Injury
  • Implemented a Suicide Prevention and Intervention Strategy
  • Issued guidance regarding inmate privacy
  • Issued a clinical handbook for staff for the effective management and treatment of borderline personality disorder
• We will continue working to ensure that our institutions are safe for all those who live and work within them

2.16 Saskatchewan mass tragedy

Proposed response

• First-and-foremost, my thoughts are with the victims, their loved ones, and the residents of the James Smith Cree Nation (JSCN), Weldon, Saskatchewan, and surrounding communities
• Before publicly releasing the Joint Board of Investigation report, I met with leaders of the JSCN and individuals from Weldon to discuss the findings, recommendations, and next steps
• The BOI concluded that there were no pre-incident indicators or precipitating events that were known to staff, or that staff could have acted upon, to prevent this terrible incident
• It also found that the overall case preparation leading up to the release of the offender was both reasonable and appropriate in the decision-making process, including consideration of the offender’s Indigenous social history
• The report also found that communications and information sharing among relevant individuals, both within CSC and with the offender’s known social contacts, was reasonable and appropriate
• However, the BOI’s examination of this case highlighted four recommendations to strengthen our operations, which I have accepted. In response, CSC is committed to a series of actions, including:
  • Reinforcing health guidelines and the process to refer offenders to CSC community health services. This will emphasize the importance of using external community-based health and emergency resources to respond to individuals with a vulnerability for suicide
  • Reviewing our procedures for locating offenders who are unlawfully at large to identify any areas for improvement, including considering the reinstatement of the Community Corrections Liaison Officer (CCLO) program. Although this is what the police officers were focusing on, it wasn’t the original mandate of the CCLO program
  • Reviewing the content of the current Intimate Partner Violence Training and integrate factors related to domestic violence into CSC’s overall risk assessments
  • Reviewing the learning needs of CSC Psychologists and ensuring they administer the most recent psychological measures as they pertain to domestic violence
• CSC will engage in further discussions with relevant partners, including James Smith Cree Nation, to finalize its action plan
• I am confident that the findings of this BOI will further strengthen our policies, processes, and relationships with our partners for future cases

If pressed – Coroner’s inquest

• We have been carefully reviewing the recommendations coming from the inquest
• We will work on an action plan to respond to these recommendations, in consultation with relevant partners

2.17 Dry cells and body scanners

Proposed response

• CSC has zero tolerance for drug trafficking. We remain committed to keeping illicit contraband out of federal penitentiaries to ensure a safe and secure environment for staff, inmates and visitors
• Dry cells are used as a last resort to seize contraband when there are reasonable grounds to believe that an inmate has ingested contraband or is carrying contraband in their rectum
• Amendments were passed by Parliament that addressed the Court’s decision to ensure that the use of these cells comply with the Charter
• The government has enhanced its reporting mechanisms, and will continue to ensure adequate necessities, including nutritious food and toiletry articles, are provided to inmates in these cells, and give significant consideration to their mental and physical well-being
• In August 2022, a Ministerial Direction was issued to CSC to provide clarity on the use of dry cells while the government develops regulations to supplement the current law (CCRA)
• At the same time, we continue to explore new technologies as additional tools to detect the presence of contraband

If pressed – body scanners

• In July 2022, body scanners were deployed at Edmonton Institution for Women and Bath Institution as part of a pilot program to further supplement contraband detection efforts
• As of July 31, 2023, a total of 807 inmates at these two sites were searched using a body scanner
• We continue to review the use of full body scanners and continue to research and introduce new technology as it becomes available to better facilitate the detection of contraband

2.18 Contraband detection

Proposed response

• Preventing the introduction of contraband and reducing the use of illicit substances by offenders in correctional institutions remains an ongoing key priority as they pose a risk to the safety and security of our institutions and impact offender rehabilitation
• Strict policies concerning contraband and unauthorized activities are in place, which are enforced through dynamic and static security practices, including extensive search procedures for offenders, staff and visitors
• Offenders found to be in possession of contraband or unauthorized items such as cell phones may be subject to disciplinary action, and/or criminal charges
• There are a number of strategies and tools available that are used to prevent the flow of contraband into our institutions. This includes:
  • Intelligence gathering and analysis processes
  • Metal detectors, x-ray machines, detector dogs, ion scanners
  • Extensive search procedures for offenders, staff, visitors, cells, rooms, vehicles and other areas
  • Continued collaboration and information sharing with local police agencies and communities 
• Drones pose security risks to CSC institutions, as they are a means through which contraband can be introduced
• To disrupt drone activities, CSC uses a layered approach of security practices (for example, dynamic and static security, routine and non-routine searching, etc.), technology, intelligence activities, collaboration with local police agencies and infrastructure enhancements
• CSC also monitors technological advances in drone detection and works with other government departments and criminal justice partners to identify the most effective approaches
• The Service will continue to work closely with local police agencies and communities to help prevent contraband and unauthorized items from entering its institutions

2.19 Medical Assistance in Dying

Proposed response

• One of the CSC’s top priorities is ensuring that those who are incarcerated in Canada’s federal institutions have access to quality, safe, patient-centred and culturally-responsive care
• As part of this, CSC is responsive to the needs of offenders, including quality and compassionate palliative and end of life care
• Medical Assistance in Dying (MAID) is a complex and deeply personal matter and CSC ensures a robust and compassionate process for those who may wish to access these services. The eligibility requirements within CSC follow the legislative requirements that apply to all Canadians
• Once an individual makes such a request, a physician or nurse practitioner will meet with them to discuss relevant information, offer referrals to support services (such as mental health professionals, Chaplains, Elders, etc.), and schedule the individual for an eligibility assessment
• It should be noted that CSC’s guidelines require that an external Physician or Nurse Practitioner perform the second eligibility assessment, and that the procedure be completed externally to CSC, namely, in a community hospital or health care facility, other than in exceptional circumstances
• The process related to the provision of MAID is comprehensive and contains numerous safeguards to ensure that federally incarcerated individuals are afforded the same rights as all other Canadians
• As of August 31, 2023, the total number of requests that CSC has received since the implementation of the legislation was thirty-two (32), of which ten (10) eligible individuals received MAID. Please note that for privacy reasons, we are currently unable to provide a further breakdown of these numbers

Early release

• Individuals with a life-threatening, non-curable illness can apply for early release
• The institutional Parole Officer, in consultation with health care providers, considers all release options for individuals who meet the criteria identified in section 121 of the CCRA
• CSC assesses eligibility for early release and the application is presented to PBC for their review and decision
• In some cases, the conditional release provisions of the CCRA may be utilized to facilitate care in the community

2.20 Conditional release

• To keep our communities safe, CSC strives to gradually release and safely reintegrate federal offenders through structured community supervision and works with criminal justice partners to ensure this goal
• Research shows that society is best protected when an offender is gradually reintegrated into society through supervised release, rather than released at the end of the sentence with no controls or support
• Should any change in an offender’s behaviour occur that would alter the risk to the public, CSC takes immediate action
• If it is determined that an offender cannot be managed safely in the community, the offender’s conditional release will be suspended resulting in a return to custody. The offender’s release can ultimately be revoked by the PBC

2.21 Education programs in CSC institutions

Proposed response

• We recognize the benefits of education in providing offenders with greater opportunities to become law-abiding citizens
• Educational programming for offenders reduces the risk of reoffending and increases the potential for successful reintegration, particularly for moderate and high-risk offenders
• This is achieved through the provision of provincially accredited or certified education programs aligning with labour market employment standards
• These programs assist offenders in acquiring the skills and knowledge necessary to deal more effectively with daily problems encountered in the community, as well as to participate meaningfully in CSC’s correctional and employment programs

Digital Education Project

• CSC is modernizing its education programs and increasing offenders’ access to digital education and computer-based learning
• In 2020, CSC launched the Digital Education Project (DEP) pilot in the Ontario Region. The pilot was first launched at Bath Institution and is currently available in all minimum and medium institutions within the Ontario Region
• The DEP pilot expanded to the Atlantic Region in 2022, and the Pacific Region in 2023
• The pilot provides an opportunity for CSC to innovate in the area of computer-assisted learning in a controlled manner and offers opportunities for offenders to gain foundational computer skills needed for increasing literacy levels
• CSC continues to monitor the results and impacts of the DEP pilot to provide insight to implement digital education for offenders nationally
• As of October 8, 2023, 949 offenders completed at least one course though the DEP pilot in the Atlantic and Ontario regions, for a total of 6,739 course completions since its implementation

2.22 Employment and employability skills programs

Proposed response

• One of the ways that CSC is working to enhance public safety is by providing offenders with the employment experience and skills they need to become productive, law-abiding citizens and skilled workers when they return to the community
• Research clearly demonstrates that offenders who are employed in the community are less likely to re-offend or return to federal custody
• Employability related training is available at all federal institutions
• This includes CORCAN‑operated on-the-job training sites at 36 CSC institutions across the country and in 7 community-based training sites
• Through these programs, offenders are offered on-the-job training in the areas of manufacturing, construction, textiles, services and agriculture
• This training allows offenders to learn and develop both technical, essential and transferable skills
• Such interventions result in both technical and transferable skills that are in line with the Canadian labour market

Data

• For fiscal year 2022 to 2023:
  • On the job training opportunities through employment assignments started for 10,562 offenders, including 1,824 offenders participating in CORCAN employment assignments. This represents 18,724 of employment assignments that started in the fiscal year (of which 2,102 were for CORCAN)
  • Note that one offender may have started more than one employment assignment over the course of the year
  • There were 16,206 certificates earned, broken down as follows: 9,520 certificates for non-Indigenous men offenders; 1,079 for non-Indigenous women offenders; 4,671 for Indigenous men; and 936 for Indigenous women
  • Certificates were earned through vocational training related to many industries and trades including: construction trades, such as construction framing, drywall, construction techniques, core construction and residential building techniques; other trades including welding, painting, autobody repair, industrial design; the food industry, such as culinary arts, cook helper, basic and advanced food safety; agriculture, horticulture  and grounds maintenance; as well as a variety of safety training, such as fall protection, first aid, Workplace Hazardous Materials Information System, and back safety
  • Employment coordinators, staff and contractors, assisted offenders under community supervision to obtain 2,322 community job placements, including: 1,557 for non-Indigenous men offenders; 119 for non-Indigenous women offenders; 573 for Indigenous men offenders; and 73 for Indigenous women offenders

2.23 2023 OAG Report - diversity in the workforce and anti-racism initiatives

Proposed response

• CSC accepts the Auditor General’s recommendations and has been working hard to advance anti-racism, diversity, equity and inclusion efforts within the Service and foster a more inclusive workplace and culture for all
• We have taken concrete actions towards real, systemic change within our organization, and created an entirely new directorate within the Service dedicated to helping advance this important work
• CSC takes implementing real, systemic change within the organization seriously, which is why performance objectives tied to anti-racism, equity and inclusion have been embedded in the performance evaluation of all executives, managers and supervisors
• In addition, the Commissioner and members of CSC’s Executive Committee all signed a statement on their support to advancing diversity, equity and inclusion within the workplace
• Advancing anti-racism, diversity, equity and inclusion is a priority for CSC, which is why the Service has been developing an anti-racism, diversity, equity and inclusion lens to apply to its policies, practices, and programs, and updating its Anti-Racism Framework

If pressed – employee under representation

• It is important that our workforce reflects the diversity of the Canadian population and that of our offender population, and our employees know that diversity, equity and inclusion is valued and a priority
• That is why in 2021, CSC set local representation objectives for Indigenous peoples and racialized communities that exceed workforce availability and that are based on the offender population
• Also in 2021, the Service set hiring objectives to increase the representation of women and persons with disabilities over the following 4 years

2.24 2022 to 2023 Annual Report of the Office of the Correctional Investigator

Proposed response

• Protecting the safety and security of Canadians, and helping prepare inmates for safe, gradual reintegration into our communities are top priorities for CSC
• We thank the Office of the Correctional Investigator (OCI) for their work which helps us achieve our mandate by identifying opportunities and making recommendations that strengthen the federal correctional system
• Our response outlines the concrete actions we are taking in a number of areas. This includes:
  • Appointing the first-ever Deputy Commissioner for Indigenous Corrections in May 2023 to address the overrepresentation of Indigenous people in the criminal justice system
  • Supporting offenders as part of their rehabilitation and preparation for release into the community
  • Undertaking a review of its minimum-security units for women, including their resourcing, and the programs and services they offer
  • Procuring new technology, such as drone detection equipment and body scanners, to keep our institutions safer

If pressed - Inmate Pay

• CSC has taken several steps to promote greater financial flexibility for offenders as part of their rehabilitation, reintegration and preparation for their release into the community
• As part of this we have put in place greater savings requirements for offenders prior to their release into the community, and permanently waived deductions for food, accommodation, and the inmate telephone system
• These changes increased the funds available to offenders for approved expenses and will help them save for their release
• We will also undertake a review of the recommendation to enhance pay levels and continue to update inmate purchasing catalogues on a regular basis to ensure that items are affordable

2.25 Gender Diverse Offenders

Proposed response

• CSC is committed to ensuring gender diverse offenders are given the same protections, dignity and treatment as other offenders under its care, custody and supervision
• Requests for gender-related accommodation measures are offender-driven and ensures that offenders are involved in the development and review of their accommodation measures throughout their sentence, as needed
• This includes placement to an institution that better aligns with their gender, unless there are overriding health or safety concerns
• Each request requires a robust assessment of offenders’ needs and risks
• If overriding health or safety concerns are identified and cannot be effectively resolved with the adoption of mitigation strategies, the request may be denied and alternative measures to meet the needs of the offender will be put in place where they will reside