A flawed Compass: a human Rights Analysis of the Roadmap to Strengthening Public Safety
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| 209 Ouimet,R (Chairman) 1969) Report of the Canadian Committee on Corrections-Towards Unity: Criminal Justice and Corrections. 210 Ouimet, p.331 211 Ouimet, (1969) p.348 212 Ouimet, (1969) p.350 214 While statutory release is calculated as being one-third of the sentence, the impact on prisoners of being required to serve that portion of the sentence either in prison or under community supervision means that total time served before the person was free and clear had increased by fifty percent. 215 Roadmap, p.113 216 Roadmap, p.109 217 Roadmap, p.113 218 NPB Performance Monitoring Report 2006-07 p.xiv 219 NPB, Performance Monitoring Report 2006-07 p.177 220 Juristat, Crime Statistics in Canada, 2007 p.11 221 Roadmap, p.114 222 NPB, Performance Monitoring Report 2006-07 p.133 223 Research Branch, Correctional Service of Canada, The Safe Return of Offenders to the Community: Statistical Overview, 2005 p.3 224 Roadmap, p. 109 225 CCRA Part II s.102 Criteria for granting parole. Section 101 sets out the principles for parole decision-making as follows: 101. The principles that shall guide the Board and the provincial parole boards in achieving the purpose of conditional release are (a) that the protection of society be the paramount consideration in the determination of any case; (b) that parole boards take into consideration all available information that is relevant to a case, including the stated reasons and recommendations of the sentencing judge, any other information from the trial or the sentencing hearing, information and assessments provided by correctional authorities, and information obtained from victims and the offender; (c) that parole boards enhance their effectiveness and openness through the timely exchange of relevant information with other components of the criminal justice system and through communication of their policies and programs to offenders, victims and the general public; (d) that parole boards make the least restrictive determination consistent with the protection of society; (e) that parole boards adopt and be guided by appropriate policies and that their members be provided with the training necessary to implement those policies; and (f) that offenders be provided with relevant information, reasons for decisions and access to the review of decisions in order to ensure a fair and understandable conditional release process. 226 Roadmap, p. 116 227 Roadmap, p. 117 228 Roadmap, p.117 229 Roadmap, p. 116 230 Roadmap, p. 117 231 Roadmap, p.107 232 Roadmap, p. 106 233 Roadmap, p. 106 234 CCRA s.102 235 Our concern about an accountability contract being the basis of granting parole applies equally, and for the same reasons, to decisions to suspend or revoke parole. 236 Roadmap, p.118 Recommendation 61 237 R v Gladue [1999] 1 S.C.R. 688 238 See the Correctional Investigator’s 2005-6 Annual Report and backgrounder at http://www.oci-bec.gc.ca/newsroom/bk-AR0506_e.asp . see also http://justicebehindthewalls.net/news.asp?nid=74 239 John Howard Society of Canada and Canadian Criminal Justice Association, unpublished, August 2008 . 240 Auditor General of Canada, Correctional Service of Canada – Reintegration of Offenders, Chapter 30, November 1996 241 Roadmap p.107 242 Standard Minimum Rules for the Treatment of Prisoners Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolution 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977 at http://www.unhchr.ch/html/menu3/b/h_comp34.htm 243 Roadmap, p. iii 244 Roadmap, p. 47 245 For an overview of the development of effective treatment that has been a continuing theme within CSC over recent decades see Bonta,J., Andrews, D. Risk-Need-Responsivity Model for Offender Assessment and Rehabilitation 2007-06, Public Safety Canada, http://www.publicsafety.gc.ca/res/cor/rep/_fl/Risk_Need_2007-06_e.pdf 246 Risk-Need-Responsivity Model for Offender Assessment 2006 -2007 p.12 247 Roadmap, p.37 248 Roadmap, p.77 249 Roadmap, p.77 250 Gillis, Christa A., Offender Employment Programming in Compendium 2000 on Effective Correctional Programming, Chapter 10, Eds. Motiuk, Laurence L and Serin, Ralph C. Research Branch, Correctional Service of Canada, p 16 http://www.csc-scc.gc.ca/text/rsrch/compendium/2000/index-eng.shtml 251 Bonta, 2007 op.cit. 252 See Auditor General Chapter 10—Correctional Service Canada—Rehabilitation Programs for Offenders 1996 “Taking these operating losses into consideration, the cost of a CORCAN job was approximately $13,000 in 1994-95. (CORCAN forecasts a cost per job of approximately $11,000 for 1995-96.) By comparison, vocational training and basic education cost about $7,500 in 1994-95”.para. 10. 59 http://www.oag-bvg.gc.ca/internet/English/parl_oag_199605_10_e_5041.html#0.2.Q3O5J2.O25UY6.JXSLQE.DA 253 Offender Employment Programming in Compendium 2000 p. 16 http://www.csc-scc.gc.ca/text/rsrch/compendium/2000/index-eng.shtml 254 Roadmap, p. 20 255 Roadmap, p. 47 256 Roadmap, p. 70 257 Roadmap, p. 49 258 Roadmap, p.68 259 Roadmap, p.117 260 Roadmap, p.74 261 Roadmap, p.85 262 Roadmap, p. 88 263 Roadmap, p.75 264 Roadmap, p.78 265 Roadmap, p.72 266 Roadmap, p.76 267 Roadmap, p.77 268 Roadmap, p.71 269 Roadmap, p.72 270 Roadmap, p.117 271 Roadmap, p.72 272 Roadmap, p.70 273 Roadmap, p.71 274 Roadmap, p.78 275 Roadmap, p.72 276 Roadmap, p.48 277 Roadmap, p.63 278 Roadmap, p.118 279 Roadmap, p.45 280 The Ottawa Citizen Thursday, May 11, 2006, A1 online at http://justicebehindthewalls.net/news.asp?nid=73 281 Roadmap, p. 63 282 Roadmap, p. 41 283 Roadmap, p.65 284 Roadmap, p. 68 285 Roadmap, p. 105 286 Roadmap, p.36 287 Roadmap, p.68 288 Stephens, D. J. Education Programming for Offenders in Motiuk, L, Serin, R eds. Compendium 2000 on Effective Correctional Programming, Chapter 9, page 59, CSC 2001. 289 Personal communication cited in Stephens (2001) 290 Stephens, (2001) 291 Gaes, R. The Impact of Prison Education Programs on Post-Release Outcomes, Reentry Roundtable on Education, March 31 and April 1, 2008 - retrieved December 5, 2008 from: http://www.jjay.cuny.edu/centersinstitutes/pri/pdfs/GaesTheEffectivenessofPrisonEducationPrograms.pdf 292 Boe, R. (1998). A two-year release follow-up of federal offenders who participated in the Adult Basic Education (ABE) Program. (R-60, 1998). See: http://www.csc-scc.gc.ca/text/pblct/forum/e132/e132e-eng.shtml 293 Duguid, S. (5-1-1998). British Columbia Prison Education Research Project: Final Report. Institute for the Humanities Simon Fraser University. http://www.sfu.ca/humanities/ifeps/report.htm p. 3 294 Duguid, p.42 295 Duguid, p. 43 296 Duguid, p. 45 297 Duguid, p. 44 298 Roadmap, p. 43 299 Roadmap p. 44 300 Gaes, 2008 p. 13 301 Roadmap, p. 107 302 P.J. Murphy and Jennifer Murphy, Sentences and Paroles: A Prison Reader, (New Style Books, Vancouver, 1998) p.214-16. P. J. Murphy taught in the SFU Prison Education Program for nine years till 1990. 303 Roadmap p. 70 304 Auditor General Chapter 10—Correctional Service Canada—Rehabilitation Programs for Offenders 1996 305 Roadmap p. 49 306 CSC Policy Bulletin #21, 1997-02-17 307 Both authors were members of this advisory committee. 308 Proposal to the Assistant Commissioner Correctional Operations and Programs On Improving Inmate Access to Computers, Prepared by the Advisory Committee on Inmate Access to Computers, December 2005 p. 2 309 Improving Inmate Access to Computers Annex A 310 Improving Inmate Access to Computers, p. 4 311The Committee addressed each of these concerns and proposed viable and cost effective solutions. For example, to deal with hardware and software standardization the committee proposed: Hardware Standardization: Under this proposed scenario, inmates will be allowed to purchase one particular computer configuration. Computers will be designed according to CSC specifications and will be produced by a limited number of pre-qualified outside suppliers. Under the previous policy, operating systems and models of computers varied greatly and this contributed to the difficulty of inspection and management. The proposed scenario will allow CSC to monitor, search and control inmate owned computers more easily. Specifications for the design of the computers will be reviewed annually to ensure that changing technology issues are incorporated into the design and set-up of computers. A National Committee with varied representation (IT Security, Operational Security, Human Rights, Programs, stakeholders etc.) should be formed to provide assistance with these annual reviews. Software Standardization: CSC will establish a limited list of authorized application software, which inmates will be able to purchase and have installed on their computers. CSC will also establish a limited list of qualified vendors from which inmates will be able to purchase educational, self-development and recreational software. It is suggested that computers be outfitted with Microsoft Windows XP Professional operating system. In addition to standardizing all computers with a common OS for ease of inspection and management, the security features of Windows XP Professional will be leveraged to provide a degree of protection not available in earlier operating systems. CSC will review the list of authorized software on an annual basis and add to it new options accordingly. Imates shall pay the cost of all software. Improving Inmate Access to Computers, p. 5 312 Improving Inmate Access to Computers, p. 15 313 Canadian Bar Association Committee on Imprisonment and Release, Locking up Natives in Canada by Michael Jackson [Ottawa: Canadian Bar Association, 1988]. Reprinted in [1989] 23 U.B.C. Law Review 215. See also Public Inquiry into the Administration of Justice and Aboriginal People, Report of the Aboriginal Justice Inquiry of Manitoba, vol. 1, The Justice System and Aboriginal People (1991); Royal Commission on Aboriginal Peoples, Bridging the Cultural Divide: A Report on Aboriginal People and Criminal Justice in Canada [Ottawa: Canada Communications Group, 1996].) 314 R. v. Gladue, [1999] 1 S.C.R. 688 at para. 64 315 Solicitor General of Canada, Consolidated Report, Towards a Just, Peaceful and Safe Society: The Corrections and Conditional Release Act -- Five Years Later (1998), at pp. 142 55 cited in Gladue at para 58 316 Gladue , paras 61-2 317 RCAP, p.33 318 RCAP, p.39 319 Gladue, para. 67 320 Gladue, para. 65 321 RCAP, p. 47 322 In his 2007-8 Annual Report the Correctional Investigator summarises the cumulative effect of systemic barriers to reintegration: “The combination of over-classification and lack of Aboriginal programming best illustrates how systemic barriers can hinder offender reintegration. Aboriginal offenders are over-classified because of a poorly conceived actuarial scale. As a result, Aboriginal offenders are disproportionately and inappropriately placed in higher security institutions, which have limited or no access to core programs designed to meet their unique needs. This scenario, for the most part, explains why the reintegration of Aboriginal offenders is lagging so significantly behind the reintegration of other offenders. Clearly, correctional outcomes cannot be explained by individual differences alone”. Annual Report of the Correctional Investigator, 2007-8, online at http://www.oci-bec.gc.ca/rpt/annrpt/annrpt20072008-eng.aspx 323 Speaking Notes for Mr. Howard Sapers, Correctional Investigator, 33rd Annual Report to Parliament October 16, 2006 324 Annual Report of the Correctional Investigator 2007/08,online at http://www.oci bec.gc.ca/rpt/annrpt/annrpt20072008-eng.aspx 325 Gladue, para. 65 326 Gladue, para. 66 327 Gladue, para. 70 328 James Waldram, The Way of the Pipe: Aboriginal Spirituality and Symbolic Healing in Canadian Prisons (Peterborough: Broadview Press, 1997) 329 The relationship between one such institution in British Columbia, Kwìkwèxwelhp Healing Village, and the local Aboriginal reserve community of Chehalis is the centerpiece of a recent documentary film “The Meaning of Life” by internationally recognized filmmaker Hugh Brody 330 Roadmap, p. 86 331 Roadmap, p. 52 332 Roadmap, p. 83-4 333 The Committee was eventually re-established in September 2008. 334 Annual Report of the Correctional Investigator, 2007-8, http://www.oci-bec.gc.ca/rpt/annrpt/annrpt20072008-eng.aspx 335 “Rewards and Consequences: A Correctional Service for the 21 Century—A brief to the Independent Review Panel studying the future of Correctional Service Canada,” UCCO-SACC-CSN, June 2007, p. 27 336 Paget, J. 9Human Rights and Prison Architecture: The Alexander Maconochie Centre: from Conception to Construction, Doctoral Thesis, Charles Sturt University. March 2008 p.2 337 Puget, p. 101 338 “The Panel has heard from CSC how the shortcomings mentioned earlier could be addressed by building regional complexes across the country and moving away from a construction philosophy that relies on stand-alone facilities”. Roadmap, p. 157 339 World Prison Brief, International Centre for Prison Studies, Kings College ,London, online at http://www.kcl.ac.uk/depsta/law/research/icps/worldbrief/?search=northam&x=North%20America 340 See Zimring, F. The Great American Crime Decline (New York: Oxford University Press, 2007) for an in-depth comparison of Canadian and US crime trends. 341 Roadmap, p. 115 342 Roadmap, p.156 343 Roadmap, p.156 344 Roadmap, p.157 345 Roadmap, p.157 346 Roadmap, p.157 347 Roadmap, p.158 348 Roadmap, p.158 349 Roadmap, p.158 350 Roadmap, p.158 351 Roadmap, p.158 352 Roadmap, p.159 353 Roadmap, p.159 354 Roadmap, p.159 355 Roadmap, p.160 356 Paget, p. 119 357 There is evidence to suggest this compromising occurred in the past where super maximum Special Handling Units were located within the walls of a maximum security institution. 358 See Michael Jackson, Justice Behind the Walls:Human Rights in Canadian Prisons for details of how Canadian prisons regularly allow administrative convenience to displace human rights. 359 Roadmap, p. 160 360 Prior to its construction ACT exported its small remand and sentenced prisoners to New South Wales , a practice referred to as modern day transportation. 361 Paget, p. 2 362 Paget, p. 255 363 Paget, p. 259 364 The Churchill speech can be read at http://justicebehindthewalls.net/03_voices_01_01_00.html 365 Annual Report of the Correctional Investigator 2007-8 online at http://www.oci-bec.gc.ca/rpt/annrpt/annrpt20042005-eng.aspx#IIIA 366 “The full implementation of the Correctional Service's Mental Health Strategy is urgently required. It will ensure that the Correctional Service complies with its legal obligation to provide every inmate with essential mental health care and reasonable access to non-essential mental health care that will contribute to the inmate's rehabilitation and successful reintegration into the community, according to professionally accepted standards. Improving outcomes in this area is critical”. Annual Report of the Correctional Investigator 2007-8. 367 Most notable in this respect are the following recommendations: 47. The Panel recommends that the ‘bridge funding’ approved by Treasury Board for CSC’s Mental Health Strategy be provided permanently to CSC so that they can implement and maintain its mental health initiatives and meet legislative obligations. 55. The Panel recommends that the Review consider the overriding management principle that treatment and operational requirements should take place in the context of a “penitentiary within a hospital setting rather than a hospital within a penitentiary setting” so that a strategy and business case supporting the development of these facilities over the next five years can be developed. 368 Roadmap, p. iii : “Review the recommendations made in the report Moving Forward with Women’s Corrections;” 369 Moving Forward with Women's Corrections: The Expert Committee Review of the Correctional Service of Canada’s Ten-Year Status Report on Women’s Corrections, 2007 370 Moving Forward with Women's Corrections: The Expert Committee Review of the Correctional Service of Canada’s Ten-Year Status Report on Women’s Corrections, 2007 |