Annual Report of the Office of the
Correctional Investigator 2005-2006

Table of Contents
Correctional Investigator’s Introduction	

P3

Key Issues

Ongoing Areas of Concern

Population Management	

P16

Younger Offenders	

P17

Health Services, Including Mental Health
and Needle Exchange	

P8

Elderly Offenders	

P17

Women Offenders	

P9

Inmate Finances	

P18

Compassionate Temporary Absences	

P18

Classification of Offenders Serving Life Sentences	

P18

Inmate Access to Computers	

P19

Aboriginal Offenders	

P11

Institutional Violence and Investigations
of Inmate Injury	

P12

Inmate Grievances, Allegations of Harassment
and Staff Misconduct	

P13

Conclusion	

P19

Case Preparation and Access to Programs	

P14

Annex A: Statistics	

P22

Annex B: Summary of Recommendations	

P30

Response from the Correctional Service of Canada	

P33

© Minister of Public Works and
Government Services Canada 2006
Paper Version:
Cat. No. PS100-2006
ISBN 0-662-49431-8

Internet: www.oci-bec.gc.ca

PDF Version:
Cat. No. PS100-2006E-PDF
ISBN 0-662-43885-X

The photographs in this report are
the work of Bill Rankin. We thank
Mr. Rankin for his generous contribution.

June 30, 2006
The Honourable Stockwell Day
Minister of Public Safety
House of Commons
Wellington Street
Ottawa, Ontario
Dear Minister,
In accordance with section 192 of the Corrections and Conditional Release Act, it is my duty and privilege to submit to you the
33rd Annual Report of the Correctional Investigator.
Yours respectfully,

Howard Sapers
Correctional Investigator

the pillars of
effective corrections:
1. Th
 e absolute necessity of fostering a strong culture of
human rights within the Correctional Service of Canada.
2. Th
 e need for correctional staff and senior managers to
be accountable in their administration of law and policy.
3. Th
 e requirement to assist offenders to ensure their timely,
safe reintegration into the community.

Correctional Investigator’s Introduction

Work in corrections demands passion,
commitment and optimism.

human rights. The Correctional Service has great authority over every

Canadians are fortunate that the Correctional Service of Canada

the Correctional Service must comply with the rule of law and be

is staffed by individuals who overwhelmingly possess these
characteristics. The men and women of the Correctional Service
strive to conduct themselves with a high level of professionalism
and competence.
Unfortunately, there are individual exceptions and systemic and
structural challenges. Corrections is after all a human enterprise

single aspect of the lives of offenders. For this reason, the actions of
consistent with human rights protections afforded by law. Through
respecting the human rights of offenders, we as a society convey a
strong message that everyone is to be treated with inherent respect
and dignity regardless of his or her circumstance, race, social status,
gender or religion.
Second, accountability is fundamental to our democratic system of

and there will be failures and mistakes.

government. Accountability and transparency in decision-making

My report, which reflects upon the problems of offenders, necessarily

Service must possess the means, strategies and methods for evaluating

focuses upon the exceptions, failures and structural challenges.

its performance, and be able to demonstrate to Parliament and

In my last Annual Report 2004-05, I highlighted three pillars of
sound correctional practice: the protection of human rights, the
acceptance of accountability, and safe, supported, timely reintegration.
Adherence to these basic principles is key to the Correctional Service
meeting its two statutory obligations of safe, humane custody

are central features of an effective correctional system. The Correctional

Canadians the efficacy and fairness of its decisions. The corporate
governance structure must be capable of preventing, detecting and
rectifying violations of law and policy in a timely fashion. Accountability in corrections also means being responsive to the areas of
concerns raised by offenders.

and assisting offenders, through rehabilitative programming and

Finally, the Correctional Service’s enabling statute, the Corrections

supervision, to return to their communities as law abiding citizens.

and Conditional Release Act, builds upon the belief that successful

First, respecting and preserving fundamental human rights and
freedoms should form the backbone of any correctional endeavour.
The regular duties and functions of all correctional staff – such as
use of force, searches, placements in segregation and transfers to
higher security – can significantly impede and intrude upon

rehabilitation and safe reintegration of offenders depend upon
providing humane treatment and the least restrictive forms of
custody and control, consistent with public safety. Successful, safe
and timely reintegration is more likely to occur when rehabilitation
programs, based on solid evidence, are provided early and through-

annual report of the correctional investigator

3

out the sentence. These programs might target mental health, anger

Perhaps, to some degree, recommendations of the past have not

management or substance abuse. Other programs, such as employment

focused sufficiently on outcomes, causing the Correctional Service

skills and education, must also be made available to offenders to

to respond to those recommendations in a bureaucratic manner.

better equip them for their eventual return to the community.

I believe that too often the rationales for recommendations are lost

With the arrival this past year of a new Commissioner of Corrections,
Correctional Service is going through a transition to new priorities
to meet the demands of new leadership. Such a transition period
provides a great opportunity for the Correctional Service to rejuvenate itself, and to look forward and seek new ways to achieve its
goals and objectives.
However, looking to the future with optimism cannot be done

forces. Over the years, too much effort has been invested in
bureaucratic processes with little or no change in “outcomes.”

Over the years, too much effort has been
invested in bureaucratic processes with
little or no change in “outcomes.”

without carefully reflecting upon the past history of the organization.

As an ombudsman, it is my role to review offender complaints and

For more than a decade, the Correctional Service has been the subject

comment on compliance and fairness issues – it is not my role to

of many reviews and recommendations on how best to address

direct the Correctional Service on how to best manage itself. As an

chronic concerns. Looking forward should be done mindful of the

independent ombudsman office which has the benefit of looking

past, as history in federal corrections is filled with repeated missed

objectively at problem areas, my recommendations directed to the

opportunities to address systemic issues.

Correctional Service should be designed to enhance accountability of

The Correctional Service is a large, complex and decentralized
organization. It operates within an environment which imposes

Correctional Service managers and staff to ensure the safe, humane
and lawfully administered custody and supervision of offenders.

competing demands and provides little tolerance for failure. Limited

Therefore, in this year’s Annual Report 2005-06, I will make

resources continue to be stretched ever more thinly and “doing

recommendations which largely focus on improving “outcomes.”

more with less” has become the required standard operating procedure.

In this way, the rationales for my recommendations will not be lost.

This reality, no matter how challenging, does not excuse the

Hopefully the Correctional Service will respond by demonstrating

Correctional Service for operating at odds with its legal and policy

its commitment to address systemic issues by improving perfor-

framework. If resources are the problem and operational demands

mance on a set of key “outcomes” related to the specifics of the

make significant reallocation impossible, then new resources must

issues identified.

be obtained. The focus must always be on doing what is right and
respecting the three pillars described above.

In November 2005, the Correctional Service announced its five
new priorities: community transition; institutional safety and

By and large, despite considerable effort, there has not been

security; Aboriginal offenders; mental health; and, strengthening

adequate progress on the eight recommendations in last year’s

management practices. These priorities are of great interest to this

Annual Report. Canadians should take notice as this lack of

Office, and we are pleased to see that the Correctional Service is

progress has clear repercussions on public safety. The Canadian

in the process of prioritizing its many challenges and identifying

public is not well served when the Correctional Service does not

measurable outcomes. We are hopeful that the focus will eventually

do what it is required to do to assist the rehabilitation of offenders.

achieve some concrete and significant results that will translate into

This inadequate response often stems from structural problems

effectively addressing these priority areas.

which are resistant to change. Many of the issues the Correctional

By the time this report is tabled before Parliament in the fall of

Service struggles with originate well outside of their institutions.

2006, I will have been Canada’s federal prison ombudsman for

Even so, while the Correctional Service is not responsible for the

two and a half years – exactly halfway through my five-year term.

social conditions and policy decisions which shape its offender

This is, therefore, an opportune time for me to reflect on the

population, it is responsible for operating in compliance with

effectiveness of my Office in fulfilling its mandate.

the law.

4

in a sea of action plans, strategic plans, working groups and task

annual report of the correctional investigator

Since my appointment as Correctional Investigator, it has become

grievances.” This Office has raised the inadequacy of the

abundantly clear that the key strength of this Office is its ability to

Correctional Service’s grievance system in every Annual Report

address individual offender complaints at the institutional level. The

since 1987. The net effect is that the current procedure remains

dedication and professionalism of those involved in investigations

non-compliant with legislative and policy requirements;

and resolution of complaints are what makes this Office an important
and effective organization. Our independence, paired with fair and
professional investigative staff and managers, are key components
of a productive ombudsman office. It is important to note that
more often than not, Correctional Service staff and managers at the
institutional level continue to be responsive to our representations
and are, therefore, partners in our success.
Unfortunately, it has also become equally clear that the major
weakness of this Office is its limited ability to cause the Correctional
Service to reasonably address systemic issues and to ensure that its
operations fully comply with its legislative and policy framework.
This Office is, therefore, destined to deal with the same issues year
after year, and has been unable to break this cycle and prevent
complaints from emerging in the first place. Interestingly, the
Correctional Service’s internal grievance system is caught in the

· the Correctional Service has failed to fully implement its harassment policy. In spite of the recommendation of Madame Justice
Louise Arbour  a decade ago on the immediate necessity of implementing a harassment policy to protect offenders, the Correctional
Service is still unable to comply with the provisions of its “new”
harassment policy implemented almost three years ago;
· I have repeatedly recommended rescinding the policy which
requires that federally sentenced offenders serving a minimum life
sentence for first- or second-degree murder be classified as maximum
security for at least the first two years of federal incarceration. The
policy, which is contrary to all other classification policy, has been
in place since 2001, and hundreds of offenders have now been
unjustifiably (and at great financial cost) over-classified  as a result;
· the Correctional Service continues to rely on risk assessment

same unproductive cycle, responding to thousands of similar

tools that have been repeatedly found to over-classify women

complaints and grievances year after year with limited ability to

and Aboriginal offenders. Since concerns expressed in 1996 by

fix systemic issues that are the root causes of offender complaints.

Madame Justice Arbour, numerous subsequent observers have

The obvious concern with this pattern is the absence of sustained
improvement. The list of unresolved issues that continue to plague
the Correctional Service’s compliance with its legal and policy
framework includes:
· the Correctional Service has failed to demonstrate that it meets
its statutory obligation to provide essential mental health care and
reasonable access to non-essential mental health care in accordance
to “professionally accepted standards.” Over the last decade, the
number of mentally ill offenders has more than doubled, yet the
level of mental health services within its institutions has remained
the same or diminished;
· the Correctional Service continues to provide physical health care
services in facilities that have not been accredited and have not
demonstrated compliance with “professionally accepted standards”;
· despite the undeniable recognition of the benefits of harm

determined that the tools used by the Correctional Service should
not be used. Until such time as new tools are developed, Aboriginal
and women offenders continue to be unjustifiably over-classified
and hence discriminated against;
· many offenders, often mentally ill, increasingly serve a significant
part of their penitentiary sentence in administrative segregation.
Since the Arbour Report of 1996, several internal and external
reports have advocated independent adjudication of administrative
segregation decisions to achieve legal compliance. After 10 years
of recommendations, the Correctional Service continues to argue,
without supporting evidence, that an enhanced internal segregation review process can achieve fairness and compliance with the
rule of law, and reduce the number of placements in segregation;
· the Correctional Service is increasingly relying upon restrictive
units and the creation of correctional sub-populations outside
of the legal framework of the Corrections and Conditional

reduction initiatives, a needle exchange program has yet to be

Release Act to manage offenders without the benefit of adequate

introduced to curtail the spread of infectious diseases such as

procedural safeguards;

Hepatitis C and HIV within and outside the penitentiary walls;
· the Correctional Service has yet to establish a consistent
“procedure for fairly and expeditiously resolving offenders’

annual report of the correctional investigator

5

· the Correctional Service does not meet its statutory obligation

changes to address the above noted issues continues to rank as the

in reintegrating into the community. The Correctional Service’s

overriding concern for this Office. The power of an ombudsman is

own statistics confirm that the situation of Aboriginal offenders

limited to making recommendations. Without increased commitment

is deteriorating in many areas that the Correctional Service could

on the part of the Correctional Service and Parliament to make

positively influence. That includes significant delays in timely

significant progress to resolve these long standing issues, federal

and safe reintegration into the community; under-representation

offenders will continue to live in an environment plagued with

in minimum-security institutions and over-representation in

violence, conditions not conducive to positive change, inadequate

maximum-security institutions and administrative segregation;

mental and physical health care, and limitations in the services

limited use of legislative provisions designed to enhance Aboriginal

necessary to assist their reintegration into society as law abiding

reintegration; and a high ratio of detention referrals. The situation

citizens. At the end of the day, these factors all impact negatively

of Aboriginal women in terms of security classification and timely

on public safety.

conditional release is even more problematic;
· despite past efforts, the Correctional Service has failed to

It is my sincere belief that, if implemented, my recommendations
would assist the Correctional Service in meeting its mandate. A

implement a more humane and less restrictive alternative to long-

hallmark of a mature, confident organization is its ability to accept

term segregation of women. There also remain significant barriers

external criticism and oversight, and adjust its operations accord-

to the timely and effective reintegration of women offenders,

ingly. I look forward to working with the Correctional Service to

including access to programming, mental health services,

achieve and sustain meaningful improvements in the coming year.

institutional employment, and post release housing;
· there are unreasonable delays in convening Correctional Service
investigations into serious injury or death of inmates. Once investigations are completed, there are additional unreasonable delays
in obtaining the Commissioner’s response to the recommendations
of the investigation reports and the ensuing action plans; and,
· the Correctional Service has not adequately addressed the
ongoing excessively high number of delays in presenting cases
to the National Parole Board for consideration. Moreover, the
number of offenders involved in work release and unescorted
temporary absence programming continue to decline, even
when the success rates of these forms of conditional release
have historically been very high.
I recognize that in the past the Correctional Service has often
not disagreed with the issues identified or necessarily opposed
my recommendations. One key stumbling block to reasonably
addressing these issues is the Correctional Service’s challenge in
effectively managing competing priorities with limited resources.
With this in mind, I encourage those who hold the purse strings
and who are ultimately responsible to Canadians for ensuring the
Correctional Service operates in full compliance with its legal
mandate to become familiar with my report.

6

The need for the Correctional Service to effect fundamental, lasting

to ensure the rights of Aboriginal offenders to effective assistance

annual report of the correctional investigator

Howard Sapers
Correctional Investigator of Canada

the key issues:
1. Health Services, Including Mental Health and Needle Exchange
2. Women Offenders
3. Aboriginal Offenders
4. Institutional Violence and Investigations of Inmate Injury
5. Inmate Grievances, Allegations of Harassment and Staff Misconduct
6. Case Preparation and Access to Programs

Key Issues
The following sections highlight key areas of offender complaints.
Health Services, Including Mental Health
and Needle Exchange

By law the Correctional Service must
provide essential health care services to
every inmate in accordance with
“professionally accepted standards.”

Failure to have health services accredited
raises questions about the Correctional
Service’s compliance with its legislative
obligation to meet “professionally
accepted standards.”
For an organization that has provided health care services for
more than 100 years, it was with great concern that I learned that
52 per cent of the sites (15) failed to be accredited, 38 per cent (11)
were accredited with various conditions, and only 10 per cent (3)

(A) Professionally Accepted Standards

were fully accredited. Two key factors that prevented accreditation

For years, health care issues have been a primary area of offender

included the inadequacy of the existing clinical governance struc-

complaints to this Office and the Correctional Service’s grievance

ture and the absence of continuing professional education and

process. By law, the Correctional Service must provide essential

training for health care staff. Accreditation for the remaining

health care services to every inmate in accordance with “profes-

sites has been put on hold.

sionally accepted standards.” The law makes no reference to other
measurements, such as community or provincial standards.

In the absence of any other objective measurement, failure to have
health services accredited raises questions about the Correctional

To help ensure that this obligation was being met, the Correctional

Service’s compliance with its legislative obligation to meet

Service committed in 2001 to have all its health care units and regional

“professionally accepted standards.”

mental health facilities accredited. Accreditation involves a detailed
examination of an organization’s services and methods of operation.

If no significant progress is made in the coming year, I will explore
recommendations that would assign the delivery of health care

The Correctional Service sought the assistance of the Canadian

services to accredited publicly administered providers other than

Council on Health Services Accreditation to examine and improve

the Correctional Service.

the quality of care and service it provides to inmates. The Council
is an independent, internationally-recognized agency that has
accredited over 1,500 individual or provincial sites, 11 national
and three international organizations. According to the Council,
accreditation is not a “pass or fail” process but rather one of

1. I recommend that the Correctional Service demonstrate compliance with its legal obligation to provide every inmate with essential
health care according to professionally accepted standards, and that
all institutional health care sites be accredited within one year.

continuous improvement and an objective measure of progress

(B) Mental Health

against a set of professional standards.

For three years, my Office has focused on the inadequacy of mental

The Council has a two-phase accreditation process. The first

health care services for offenders.

phase involves self-assessment: the organization seeking accreditation

In my last Annual Report 2004-05, I highlighted the fact that the

measures its own compliance against the Council’s national standards.

proportion of federal offenders with significant, identified mental

In the second phase, surveyors from outside the organization under-

health needs has more than doubled over the past decade. I also

take the accreditation survey and use the same national standards to

stated that mental health services offered by the Correctional

independently measure the organization through an on-site survey.

Service to these offenders have not kept up with the dramatic

The findings from the survey are summarized in a written report.

increase in numbers of offenders with mental illnesses.

The Correctional Service completed the first phase of the Council

The level of mental health services available continues to be

process which is basically a pre-audit to maximize the chances of

seriously deficient, and in my opinion, the Correctional Service is

success in the second phase (accreditation). Twenty-nine of a total

not fulfilling its legislative obligation to provide every inmate with

of 54 sites subsequently underwent the second accreditation phase.

essential mental health care and reasonable access to non-essential
mental health care.

8

annual report of the correctional investigator

In July 2004, the Correctional Service approved a mental

implemented by the Correctional Service. The only outstanding

health strategy that promotes the adoption of a continuum of

recommendation relates to making clean needles available to

care from initial intake through the safe release of offenders into

inmates for exchange to prevent serious communicable diseases

the community. Funds were obtained to strengthen the release

such as Hepatitis C and HIV spreading among the offender

end of the Correctional Service’s mental health continuum.

population and ultimately to society at large.

This Office welcomed the news of new investments in community

In a letter dated April 21, 2005, the former Minister of Public

mental health by the Correctional Service in December 2005.

Safety and Emergency Preparedness indicated openness to exploring

Offenders with mental disorders, as a result, will be better served

the viability of introducing a needle exchange program in Canadian

during their period of conditional release. However, no other

penitentiaries. Around that time, the Correctional Service signed a

investment has been made to consistently assess the offender

memorandum of understanding with the Public Health Agency

population at intake and to ensure that their mental health

of Canada to receive scientific and technical advice concerning

needs are adequately addressed throughout their sentence.

potential risks and benefits of prison needle exchange programs.

Although mental health is now one of five priorities for the

On March 30, 2006, Health Minister Tony Clement responded to

Correctional Service, there have been no significant changes at

my correspondence on this issue and said:

the institutional level over the past year. Offenders with mental
illnesses continue to be segregated and punished for displaying
symptoms of their illnesses and not treated adequately according
to “professionally accepted standards.” Over the last year, we have,
in fact, witnessed the reduction in some mental health services
that had previously existed – an example being the diminishing
number of psychologists in the Ontario Region.
I recommended last year that immediate steps to sensitize and train
all front-line staff to appropriately identify mental health behaviour
and respond accordingly be undertaken, but such training has yet
to be fully developed – let alone comprehensively delivered. This
situation can only be described as critical.
2. I recommend that the Correctional Service demonstrate compliance with its legal obligation to provide every inmate with essential
mental health care and reasonable access to non-essential mental
health care according to professionally accepted standards, and that
all mental health care units and regional treatment centres be

“I am especially concerned with the safe needle exchange program and
with public health issues for all persons in Canada, including those in
correctional facilities.Given the high rates of infectious disease among
federal inmates, most notably Hepatitis C and HIV, departmental
officials will continue to work closely with the CSC.”
On May 10, 2006, the Standing Senate Committee on Social
Affairs, Science and Technology, chaired by Senator Michael J.
L. Kirby, tabled a report on mental health and addiction entitled
Out of the Shadows at Last. Following a discussion on prison-based
needle exchange, the report recommended “that the Correctional
Service of Canada immediately implement expanded harm
reduction measures in all federal correctional institutions.”
4. I recommend that the Correctional Service immediately
implement a prison-based needle exchange to ensure that
inmates and society at large are best protected from the
spread of infectious diseases.

accredited within one year.
Women Offenders
3. I again recommend that the Correctional Service take immediate
steps to sensitize and train all front-line staff to appropriately identify

In April 1994, women at the Prison for Women were strip-searched

disruptive mental health behaviour and respond accordingly.

by an all-male Institutional Emergency Response Team. In February

(C) Needle Exchange
In 1994, the Expert Committee on Aids in Prison, established by
the Correctional Service, reported on the increasing incidence of
infectious diseases in federal penitentiaries. The committee found
the causes of disease to include the use and sharing of contaminated
drug paraphernalia. By 2004, most of the committee’s recommendations for education, treatment and harm-reduction had been

1995, the Correctional Investigator delivered a special report to the
Solicitor General detailing concerns with respect to the emergency
response team’s intervention at the Prison for Women and the
conditions and duration of segregation. The government responded
by establishing a Royal Commission of Inquiry, chaired by Madame
Justice Louise Arbour, now United Nations High Commissioner
of Human Rights. The report of the Commission of Inquiry into
Certain Events at the Prison for Women was released March 31,
annual report of the correctional investigator

9

1996. The recommendations of the Commission were directed to

the Minister. I also recommended that the report of the expert com-

the Solicitor General of Canada of the day, the Honourable

mittee be made public.

Herb Gray.

The Minister partly accepted my recommendation and asked that

In her report, Madame Justice Arbour stated: “My objective in

the Correctional Service establish the expert committee, which

bringing forward recommendations on various aspects of correc-

would then report back to the Commissioner of Corrections – not

tions that have been touched upon by this inquiry is to assist the

the Minister as recommended. The Commissioner and the Minister

correctional system in coming into the fold of two basic Canadian

have assured me that the review will nonetheless be made public.

constitutional ideals…the protection of individual rights and the

I look forward to the results of the committee’s review, and will

entitlement to equality.”

therefore limit my recommendations this year to immediate

On June 4, 1996, the Solicitor General of Canada stated: “After

operational concerns.

reviewing the report, I accept what I see as its basic thrust, namely

This Office has noted over the course of the past two years a

that there must be respect for the rule of law by the Correctional

significant increase in the number of women offenders returning

Service in the way it carries out its responsibilities.”

to the community on statutory release rather than on day or full

Although the Solicitor General undertook to respond to the
recommendations of Madame Justice Arbour, to date only the
Correctional Service has provided a response. Since the release of
Madame Justice Arbour’s report, there have been several additional
reviews on federal correctional services which for the most part have
repeated many of Justice Arbour’s key 1996 recommendations.

parole. We have also noticed a corresponding increase during this
timeframe in the number of waivers and postponements of National
Parole Board hearings by women offenders. Both of these trends
are most evident among Aboriginal women. While there has been a
slight increase in the number of women on work release programs,
there has been a decline in the number participating in unescorted
temporary absence programs. After a significant decline in 2004-05,

There have been some improvements in the situation for women

the number of reportable use of force incidents at women’s facilities

offenders. The Prison for Women has been replaced by five new

has measurably increased over the course of this reporting year.

regional facilities and a healing lodge which accommodate women
offenders in closer proximity to their community. The women’s
maximum security units in male penitentiaries have been closed.
A Deputy Commissioner for Women has now been in place for a
decade, which has assisted in maintaining a focus on women’s
correctional issues.
In April 2005, in response to repeated recommendations from my
Office, the Minister of Public Safety and Emergency Preparedness
requested that the Correctional Service publish the Ten-Year Status
Report on Women’s Correction 1996-2006. This report, issued in
April 2006, is the Service’s own assessment of its efforts.
Given these developments and the great interest by criminal justice
stakeholders in these matters, I considered it important that the
Minister of Public Safety receive independent advice with respect
to the Correctional Service’s advances in human rights, fairness

5. I recommend that, within one year, the Correctional Service:
· significantly increase all women offenders’ access to meaningful
employment and employability programming;
· continue to significantly increase community accommodations
and support services for women offenders in underserved areas;
· review the daily operations and staffing of the women’s secure
units with a view to eliminating “deadtime”  and to significantly
increasing timely access to treatment, spiritual, academic and
work programs;
· significantly increase the number of women offenders appearing
before the National Parole Board at their earliest eligibility dates;
· build capacity for and increase use of section 84 and section 81
agreements with Aboriginal communities ;

and equity issues since the Arbour Report of 1996. I therefore
recommended in my last Annual Report 2004-05 that the Minister
appoint an expert committee to review the Correctional Service’s

and services for Aboriginal women who are currently imprisoned

Ten-Year Status Report and to consult with stakeholders, identify

in the Atlantic, Quebec and Ontario regions;

gaps between recommendations made and actions taken, formulate
recommendations to address the gaps and report directly back to

10

· significantly improve access to culturally sensitive programming

annual report of the correctional investigator

· review use of force incidents at women’s facilities to ensure
consistent compliance with policy;
· establish firm targets ensuring all front-line staff receive
refresher training in women-centered approaches in accordance

The Correctional Service has invested a great deal of effort and
resources in addressing Aboriginal issues. Culturally sensitive
programs have been established and Aboriginal issues have
become a priority for the Correctional Service.

with the recommendation of the Canadian Human Rights

However, these efforts have not resulted in the kind of significant

Commission; and,

progress needed to improve the overall situation of Aboriginal

· provide women-centered training to all community parole
officers working with women offenders.
Aboriginal Offenders

offenders. The Correctional Service’s own statistics confirm that
correctional outcomes for Aboriginal offenders are not improving
in many areas that the Correctional Service can positively influence.
The Final Report: Task Force on Aboriginal Peoples in Federal
Corrections in 1988 found that Aboriginal offenders were less

Over the past decade, our annual reports have made specific recom-

likely to be granted temporary absences and parole, were granted

mendations addressing the systemic and discriminatory barriers that

parole later in their sentence, were more likely to have their parole

prevent Aboriginal offenders from full benefit of their statutory and

suspended or revoked and were more likely to be classified at a

constitutional rights and that significantly limit their timely and

higher security level. Unfortunately, this is as true today as it was

safe reintegration into the community.

nearly 20 years ago.

Despite some positive steps, the overall situation of Aboriginal

I stated in last year’s Annual Report that after years of task

offenders has not measurably improved in recent years. Aboriginals

force reports, internal reviews, national strategies, partnership

account for a disproportionate share of the prison population. They

agreements and action plans, the efforts and resources of the

represent 18 per cent of the federal prison population although they

Correctional Service remained in large part unfocused and

account for just 3 per cent of the general Canadian population.

fragmented. I recommended again last year that the Correctional

The best estimate of the overall incarceration rate for Aboriginal People in
Canada is 1,024 per 100,000 adults.

Service appoint a Deputy Commissioner specifically responsible
for Aboriginal Corrections and the implementation of a
comprehensive and effective strategic plan to address the many
challenges. While the Correctional Service did institute a governance change, a Deputy Commissioner has not been appointed

To illustrate the magnitude of this overrepresentation, according

and the disadvantaged position of Aboriginal offenders remains.

to the most current Statistics Canada information, Canada has

I was advised in December 2004 that a “new Strategic Plan for

an overall incarceration rate of 130 per 100,000 adults. This rate
includes adults incarcerated in both provincial and federal institutions. Using the same numbers from Statistics Canada, the best
estimate of the overall incarceration rate for Aboriginal People in
Canada is 1,024 per 100,000 adults. Using the same methodology,
the comparable incarceration rate for non-Aboriginal persons is
117 per 100,000 adults.
The Correctional Service does not control admissions to penitentiaries, but it does have a constitutional and statutory obligation to
manage sentences in a culturally responsive and non-discriminatory
manner. The areas of concern associated with Aboriginal Corrections
go far beyond over-representation and require focusing on what
happens to Aboriginal offenders while in the care and custody of
the Correctional Service.

Aboriginal Corrections” was under development and would be
reviewed by the Correctional Service’s senior Executive Committee
(EXCOM) in February of 2005 and finalized by the end of April
2005. In December of 2005, the committee endorsed a “Strategic
Plan for Aboriginal Corrections – Framework for EXCOM Discussion.”
A series of consultations, which included this Office, occurred
during the period of January through April 2006 on the strategy.
I was advised in April of 2006 that consultations on an “updated
Strategic Plan for Aboriginal Corrections” was still on-going and
that we would receive a copy of the strategy in the spring of 2006.
Our Office received a document entitled Strategic Plan for Aboriginal
Corrections 2006/07 – 2010/11 on June 1, 2006. I understand that a
further consultation process is currently under way to develop
action plans to implement the strategy.

annual report of the correctional investigator

11

the hope that the Correctional Service will make significant and

The overall level of violence in penitentiaries remains unacceptably high.

quantifiable progress in key areas related to closing the gap between

Moreover, the lack of mental health services aggravates the

Given the continued absence of an approved action plan, my
recommendation this year will focus on specific outcomes, in

Aboriginal and non-Aboriginal offenders in terms of timely
conditional release.

situation. Too many vulnerable offenders suffering from mental
illnesses are subject to abuse by predatory offenders while many

6. I recommend that in the next year the Correctional Service:

more unnecessarily become the subject of use of force.

· implement a security classification process that ends the over-

In the past year, the Correctional Service reported using force

classification of Aboriginal offenders;
· increase timely access to programs and services that will

approximately a thousand times (967), a significant increase from
the previous year (798). The ratios of use of force per inmate vary
across the country, and are the lowest in the Ontario and the

significantly reduce time spent in medium and maximum

Prairies regions (one use of force to every 22.3 and 21.5 offenders,

security institutions;

respectively). The highest ratios are found in the Maritimes, Quebec

· significantly increase the number of Aboriginal offenders housed
at minimum security institutions;
· significantly increase the use of unescorted temporary absences
and work releases;
· significantly increase the number of Aboriginal offenders

and the Pacific regions (one use of force to every 9.7, 11.6 and 11.9
offenders, respectively).
Most of the interventions using force are conducted at maximumsecurity institutions, but again striking differences in approach
exist. For example, when considering use of force, Institutional
Emergency Response Teams are used 56 per cent of the time in

appearing before the National Parole Board at their earliest

one maximum-security institution, whereas they are used only

eligibility dates; and,

13 per cent of the time in another maximum-security institution.

· build capacity for and increase use of section 84 and section 81
agreements with Aboriginal communities .

Furthermore, use of force interventions rely on pepper spray (e.g.,
Oleoresin Capsicum) 66.5 per cent of the time in one maximumsecurity institution, but only 22 per cent of the time at another

7. I recommend that the Correctional Service significantly improve

maximum-security institution.

(above the required employment equity level) the overall rate of its

Some penitentiaries clearly rely much more on use of force,

Aboriginal workforce at all levels in institutions where a majority
of offenders are of Aboriginal ancestry.

whereas other penitentiaries appear to be managing offenders using
less restrictive alternatives. These discrepancies need to be reviewed
by the Correctional Service to ensure consistency and compliance

Institutional Violence and
Investigations of Inmate Injury
One of the key legal responsibilities of the federal correctional
system is to ensure that inmates serve their sentences in a safe and
secure environment. For years, this Office has expressed concern
regarding the extent to which the Correctional Service provides
such an environment. The overall level of violence in penitentiaries
remains unacceptably high. And the Correctional Service continues
with alarming frequency to manage its penitentiaries with an overreliance on use of force and segregation to resolve disputes and
tensions. Experience demonstrates that other mechanisms such as
positive, ongoing interactions with offenders and alternative dispute
resolution can in many instances prevent institutional violence.

12

annual report of the correctional investigator

with legal and policy requirements for use of force.
The thoroughness and timeliness of the investigative process
into serious injury or death of offenders under section 19 of the
Corrections and Conditional Release Act have been an issue for this
Office for several years. Our most recent concerns have centred
on the timely convening of investigations, on the timeliness of a
meaningful analysis of completed investigation reports, and on
approval by the Correctional Service’s Executive Committee of
recommendations and action plans developed in response to national
investigative reports. As well, we note that, as of March 31, 2006,
Correctional Service had not responded to 11 provincial coroners’
reports on inmate suicides, some of which date back to 2001.

The number of injuries among inmates continues to be of grave

of inmate deaths or major injuries. In no case should this process

concern. The Correctional Service continues to lack reliable and

exceed six months from the date of the incident.

valid data on inmate injuries. For example, I have in past years
received reports labelling suicides as minor injuries, and continue
to receive quarterly reports on inmate injuries that cannot be
reconciled with data from previous years or other sources. Moreover, limited analysis is conducted by the Correctional Service
on the information provided to develop strategies to prevent
future injuries and deaths.
Of further concern has been the ability of the Correctional
Service to identify injuries that did not fit their definition of
“serious bodily injury” and to demonstrate that these incidents were
being appropriately reviewed. Where information is being gathered,
a clear analysis of the causes of violence and injuries continues to

9. I recommend that the Correctional Service collect accurate information and conduct comprehensive analyses of all inmate injuries to
significantly improve its ability to take appropriate action to limit
inmate injuries and institutional violence and that this information
be verified semi-annually as part of on-going internal audits.
Inmate Grievances, Allegations of
Harassment and Staff Misconduct
The Corrections and Conditional Release Act requires the Correctional
Service to establish “a procedure for fairly and expeditiously
resolving offenders’ grievances.”

be lacking. The report entitled A Health Care Needs Assessment of

I concluded in last year’s Annual Report that the existing procedure

Federal Inmates in Canada (April 2004) noted that “injuries were

was dysfunctional in terms of expeditiously resolving offender

common among inmates” and that a significant number of the

grievances, most notably at the national level. I presented two

injuries were “due to altercations or were self-inflicted.” The report

recommendations at the time:

further identifies within the section on “Areas of Further Knowledge
Development” the requirement to have accurate “rates of inmate

(a) I recommend that the Service take immediate steps to overhaul its

injuries and contributing factors.”

operations and policies in the area of inmate grievances to ensure fair

The number of injuries among inmates
continues to be of grave concern. The
Correctional Service continues to lack
reliable and valid data on inmate
injuries.
In response to these concerns, the Correctional Service committed

and expeditious resolution of offenders’ complaints and grievances.
The review should include a specific focus on addressing harassment
and staff misconduct grievances.
(b) I recommend that an external consultant be retained to assist
the Service’s review of its operations and policy to ensure fair and
expeditious resolution of offenders’ complaints and grievances, and to
improve its use of evidence-based strategies to ensure consistency in
addressing areas of offender concern.

last year to “the development of a corporate strategy to assist in

While the Correctional Service initially “agreed” with these recom-

the production of quality analytical quarterly reports” on inmate

mendations, the national review of the offender redress process was

injuries and institutional violence. Although institutional violence

conducted internally. A final report on the review was produced in

has been identified as a priority area by the Correctional Service,

May 2006. The report acknowledges that the present operations

we have been presented with no evidence of either consistent,

“are not meeting statutory requirements,” but to date an action

accurate information collection or analysis.

plan to reasonably address this matter has not been finalized.

The absence of reliable information and delays in the investigative

In 1998, the Correctional Service extended the timeframes within

process hinder the Correctional Service’s ability to review and take

the offender grievance process “to better reflect the time required

appropriate decisions in limiting inmate injuries and institutional

to respond.” This Office raised concerns at the time indicating that

violence.

such an extension was inconsistent with the Correctional Service’s

8. I recommend that the Correctional Service establish a timely
approval process by its Executive Committee for the development
of action plans in response to investigative reports into incidents

commitment to “an effective, timely redress process for offenders.”
During the fiscal year 2005-06, only 15 per cent of the
grievances responded to at the Commissioner’s level were
within these expanded timeframes.

annual report of the correctional investigator 13

The Correctional Service introduced a revised procedure three

of the Joint Review Committee Report.” Although the Correctional

years ago in an attempt to reasonably address offender harassment

Service “agreed” with the recommendation, no action plan has been

complaints. This was seven years after Madame Justice Arbour

approved.

recommended the “immediate” development and introduction of
a responsive policy. The issues pertaining to harassment grievances
have been repeatedly raised as a key priority in our annual reports
and the most recent 2003 report from the Canadian Human Rights
Commission. While the Correctional Service would appear to have
finally developed a reasonable harassment policy, we are extremely

My recommendation this year will therefore focus on outcomes,
in the hope that the Correctional Service will make significant and
quantifiable progress to improve timely case preparation and access
to programs.
12. I recommend that in the next year the Correctional Service:

concerned that so little progress has been made in ensuring operational compliance with the policy and legal provisions in such a
key priority area.
10. I recommend that the Correctional Service immediately comply
with its legal obligations and establish “a procedure for fairly and
expeditiously resolving all offenders’ grievances.”

the National Parole Board at their earliest eligibility dates;
· significantly reduce waiting lists for programs included in
correctional plans to maximize safe and timely reintegration;
· increase timely access to programs and services that will

11. I recommend that within one year the Correctional Service

significantly reduce the time spent in medium and maximum

provide evidence that complaint and grievance statistics are being

security institutions; and,

used to identify and address areas of systemic offender concerns.
Case Preparation and Access to Programs
This Office initially raised the issue of delayed case preparation and
access to programs in its Annual Report 1988-89. The focus at that
time was on the increasing inability of the Correctional Service to
prepare the cases of offenders in a thorough and timely fashion for
conditional release consideration. It was evident from our review
of the complaints received that a significant number of these delays
were directly related to the Correctional Service being unable to
provide the required assessments and treatment programming in
advance of the offender’s scheduled parole hearing dates. Eighteen
years later, these issues have yet to be adequately addressed.
In an attempt to address some of our recommendations, a joint
working group involving the Correctional Service of Canada, the
National Parole Board and the Office of the Correctional Investigator was established and in December 2004 issued a document
entitled Report on Factors Causing Delays in National Parole Board
Reviews. The report of this joint review provided concrete recommendations to facilitate timely reviews by the National Parole
Board. It also recommended ensuring that offenders appearing
before the Board receive the assistance and programs they need for
their eventual safe community reintegration. I recommended in
last year’s Annual report that the Correctional Service “immediately
develop a responsive action plan to implement the recommendations

14

· significantly increase the number of offenders appearing before

annual report of the correctional investigator

· significantly increase the number of unescorted temporary
absences and work releases, which have drastically declined in
recent years and yet have a very high success rate.

ongoing areas of concern
1. Population Management
2. Young Offenders
3. Elderly Offenders
4. Inmate Finances
5. Compassionate Temporary Absences
6. Classification of Offenders Serving Life Sentences
7. Inmate Access to Computers

Ongoing Areas of Concern
Population Management

As the Correctional Service continues to attempt to improve its
internal processes, the situation of segregated offenders continues
to deteriorate. In the last three years, the number of voluntary

After years of calls for fundamental reforms, the Correctional

segregated offenders who spent more than 90 days in segregation

Service continues to place offenders in administrative segregation

has tripled. Over the same period, the number of involuntary

and other more restrictive environments as its main tool for

segregated offenders who spent more than 90 days in

resolving disputes and tensions in penitentiaries.

segregation has doubled.

Madame Justice Arbour’s 1996 report concluded that “the

As the Correctional Service continues to
attempt to improve its internal processes,
the situation of segregated offenders
continues to deteriorate.

management of administrative segregation that I have observed
is inconsistent with the Charter culture which permeates other
branches of the administration of the criminal justice.”
She went on to say: “I see no alternative to current overuse of
prolonged segregation but to recommend that it be placed under
the control and supervision of the courts. Failing a willingness to
put segregation under judicial supervision, I would recommend that
segregation decisions made at an institutional level be subject to
confirmation within five days by an independent adjudicator.”

As I indicated in my last Annual Report, this Office has in recent
years witnessed a “widening of the net” of restrictive forms of custody.
The Corrections and Conditional Release Act refers to only two types
of incarceration: the general inmate population and segregated
inmates. The law precisely stipulates the rights and entitlements of

Over the last 10 years, several other internal and external reports 

each of those two populations, and describes rigorous procedural

have all observed similar fairness and non-compliance issues as

fairness for placements in administrative segregation. For example,

those highlighted in the Arbour Report. They have made compa-

this includes notices, reviews, hearings, regular visits by heads of

rable recommendations calling for the independent adjudication

institutions and health care.

of segregation cases. Yet, the Correctional Service has consistently
rejected independent adjudication and continues to this day to
argue that an enhanced internal segregation review process can
achieve fairness and compliance with the rule of law.

Over the years, the Correctional Service has introduced a multitude
of different offender sub-populations (e.g., transition units) that fall
in-between those two legally defined populations. Many offenders
now serve a significant part of their penitentiary sentence in these

On May 8, 2006, the Commissioner responded to my recommen-

more restrictive units without benefiting from a pro-active reinte-

dation to introduce independent adjudication of administrative

gration strategy and formal regular reviews as legally afforded to

segregation decisions in last year’s Annual Report. He informed

offenders in administrative segregation.

me that at this time, instead of independent adjudication, the
Correctional Service will introduce a number of new initiatives,
including an internal audit, to strengthen compliance with
policy and enhance fairness.

In response to our recommendation last year on this matter, the
Correctional Service committed to undertake a review to ensure
that existing units are in compliance with law and policy. The results
of that review, which was to be finalized by March 2006, are

I welcome any initiative that will improve this situation, but I

currently in draft form and have yet to be presented to the

strongly believe that independent adjudication of segregation is

Correctional Service’s senior management.

necessary to ensure fair and unbiased hearings. It is also important
in ensuring compliance with the Correctional Service’s statutory
framework, protection of prisoners’ access to institutional programs

13. I recommend that in the coming year the Correctional Service:
· proactively implement the least restrictive options and

and services during segregation, and the implementation of

significantly reduce the overall number of placements in

reintegration plans to ensure that the correctional authorities,

administrative segregation;

in administering the sentence, use the least restrictive measures.

· significantly reduce the average length of stay in
administrative segregation; and,

16

annual report of the correctional investigator

· significantly reduce the time to effect intra- and interregional transfers.
14. I recommend that the Correctional Service immediately
implement reasonable procedural safeguards for any offender
confined in any situation that is not within the general inmate
population, and ensure legal compliance with offenders’ rights,
entitlements and access to programs.

My recommendation this year focuses on outcomes, in the hope
that the Correctional Service will make significant and quantifiable
progress to improve the disadvantaged situation of younger offenders.
16. I recommend that within one year the Correctional Service:
· develop and implement new policies, programs and services
specifically to meet the unique needs of offenders aged 20 and
younger that will significantly reduce their time spent in maximum

15. I recommend that the Minister play a leadership role by

and medium-security institutions, and in administrative

requesting that the House of Commons’ Standing Committee on

segregation; and,

Public Safety and National Security examine the implementation
of independent adjudication of administrative segregation decisions
when it considers other amendments of the Corrections and Conditional Release Act.

Younger Offenders
This Office has often pointed out that the Correctional Service does
not meet the special service and program needs of inmates aged 20
and younger. These younger offenders, numbering up to 400 at any
given time, very often find themselves in disadvantaged situations
– segregation, abuse by other inmates, limited access to and success
in programming, gang affiliations, and delayed conditional release.
Available data also indicate that Aboriginal offenders are significantly
over-represented among younger offenders. For example, on May 9,
2006, there were 343 incarcerated offenders aged 20 and younger
– 96 or 28 per cent of them were Aboriginal. The situation in the

· develop and implement programs and services designed to meet
the unique needs of offenders aged 20 and younger that will
significantly increase their timely and safe reintegration into
the community.

Elderly Offenders
Elderly offenders represent a large and growing special needs
group within the federal inmate population. The Correctional
Service completed a comprehensive internal review in 2000 which
identified a wide range of areas that needed to be addressed so as
to reasonably meet the needs of this population. At the time, the
Correctional Service considered the situation such a priority that
it established a new division with the specific mandate to address
issues associated with accommodation, palliative care, reintegration
options and program development.

Prairies Region was most problematic as 58 per cent (72 out of 125)

In its March/April 2004 edition, the Canadian Journal of Public

of offenders aged 20 and younger were Aboriginal.

Health published “A Health Care Needs Assessment of Federal

Younger offenders...very often find
themselves in disadvantaged situations
– segregation, abuse by other inmates,
limited access to and success in programming, gang affiliations, and delayed
conditional release.

Inmates in Canada”. It noted that there had been a 60 per cent

The Correctional Service does not provide special housing,
programming or other services for younger offenders. While the
Correctional Service’s position is that programs available to all

increase in the number of inmates aged 50 and over with an 87
per cent increase in those aged 65 and over since 1993. The Report
underlined the requirement for greater information on and specific
attention to the health care needs of this growing segment of the
inmate population.
Unfortunately, the challenging situation described in the internal
Correctional Service’s 2000 report and the 2004 report of the
Canadian Journal of Public Health has not changed – in fact, it
has further deteriorated as the number of elderly offenders
continues to increase.

inmates can be adapted to meet the needs of younger offenders,

17. I recommend that Correctional Service respond to the special

the reality is that these young men and women continue to find

needs of elderly offenders and significantly improve key areas

themselves in the disadvantaged situations described above.

including accommodation, program development, palliative
care, and reintegration options.

annual report of the correctional investigator

17

Inmate Finances
It has been close to 20 years since inmate allowances for work
and program participation have been increased. This has drastically
reduced their ability to purchase items inside institutions. We
believe this has contributed to the violence that can accompany
competition for increasingly scarce commodities in prison. In
some regions, a lack of employment has exacerbated inmates’ lack
of access to funds. As well, there has been a general reduction in pay
levels that inmates receive for participation in work and other
programs. Low inmate allowances for work and program participation
have adversely affected the amount of money that offenders can use
to facilitate their integration into society during the initial
phase of release.
The history of inmate pay provides a good indication of the
inadequacy of today’s inmate allowances for work and program
participation. In 1981, the Cabinet Committee on Social Development approved a new inmate pay program. With the assistance
of Statistics Canada, it calculated the rates of inmate pay, and the
maximum pay rate was set at $7.55 per day. Today, the maximum
inmate pay rate is $6.90 per day. In 1981, the Correctional Service
created a “typical” inmate “canteen basket” to monitor the costs of

In some cases, we disagreed with the Correctional Service’s interpretation of “members of the inmate’s immediate family or other
persons with whom the inmate has a close personal relationship.”
Recent policy changes also require that the inmate now choose
between either visiting a dying relative or close friend or attending
their funeral. At a time of despair and sorrow, I believe that
requiring a person to make this kind of choice lacks compassion,
an essential element of the legal requirement.
Moreover, we are concerned that administrative delays in coordinating
the logistics of compassionate temporary absences have prevented
some offenders from attending funerals. In those situations, the
Correctional Service has taken the position that, if a funeral is
missed because of administrative delays, logistics or weather, inmates
are no longer eligible under the policy because the matter is no
longer “urgent.” Furthermore, Aboriginal and women offenders
are unduly affected by this position because they are more often
incarcerated further from their home communities. Again, I
consider that this position lacks the essential requirement of
demonstrating compassion.
19. I recommend that the Correctional Service immediately:

the products that are mostly purchased by inmates. In 1981, the

· amend its policy requiring that inmates choose between either

“canteen basket” cost $8.49. The same basket now costs $61.59 –

visiting a dying member of their immediate family or other

or 725 per cent more than in 1981.

persons with whom inmates have a close personal relationship

18. I recommend that the Correctional Service immediately increase
inmate allowances for work and program participation. I further

or attending their funeral; and,
· expedite the consideration of requests for compassionate

recommend that, from this time forward, inmate allowances be

temporary absences, and allow for a visit to the gravesite or

indexed to the rate of inflation.

with family members should circumstances make attendance
at the funeral impossible.

Compassionate Temporary Absences
The Corrections and Conditional Release Act provides for escorted
temporary absences for compassionate reasons to allow inmates to
attend to “urgent matters affecting the members of their immediate
family or other persons with whom the inmates have a close
personal relationship.” In most instances, inmates request compassionate temporary absences to visit a dying family member and/or

On February 23, 2001, the Correctional Service issued Policy
Bulletin No. 107. It requires that federally sentenced offenders
serving a minimum life sentence for first- or second-degree murder
be classified as maximum security for at least the first two years of

attend a funeral.

federal incarceration. Since its introduction, I have considered this

In the last two years, this Office received a small number of

immediately.

complaints about the Correctional Service’s denial of compassionate
temporary absences. In these cases, this Office believes that the
Correctional Service failed to apply its discretionary authority
in accordance with its legal obligations.

18

Classification of Offenders
Serving Life Sentences

annual report of the correctional investigator

policy to be illegal and have recommended that it be rescinded

I have not been alone in my assessment. In its special 2003 report,
the Canadian Human Rights Commission concluded that “adding
a retributive element to the carrying out of the sentence is not
rationally related to the legitimate purpose of assessing risk. It is in

fact contrary to the intent of both the Corrections and Conditional
Release Act and the Canadian Human Rights Act.” The Commission
recommended that the Correctional Service immediately revoke
its two-year policy. Numerous other stakeholders, including the
Canadian Association of Elizabeth Fry Societies, the St. Leonard’s
Society of Canada, the Canadian Bar Association, and the Church
Council on Justice and Corrections have expressed similar concern
about this policy.
In September 2005, the Correctional Service amended its two-year
policy to allow wardens to exercise their discretion to override the
rating produced by the Custody Rating Scale. This amendment to
the policy has affected placement practices, but, in our opinion, this
procedural change did not alter the legality of the policy.
20. I recommend that the Correctional Service immediately subject
all federally-sentenced offenders to an individualized security
classification process as required by law and regulations.

Conclusion
The Correctional Service has demonstrated progress in a limited
number of areas since my last Annual Report. I would like to take
this opportunity to highlight areas where our investigative staff have
reported some improvements and achievements. These include:
· the range of Aboriginal-specific programs continues to expand
and new innovative programs have been established;
· the Correctional Service completed an employment needs survey
for both incarcerated women and women on conditional release.
It has also committed to develop an employment strategy for
women offenders;
· more Aboriginal offenders are now accessing healing lodges;
· the Correctional Service approved a new governance structure for
Health Services, which may help to ensure that health care funding
is not diverted to address correctional funding pressures;

Inmate Access to Computers
In 2003, the Correctional Service decided to prohibit the further
introduction of computers to individual cells, based upon its
review of reports on a series of incidents involving misuse of in-cell
computers. The Correctional Service then increased inmate access
to a limited number of computers in designated common areas
outside cells. This Office, inmates and a number of community
stakeholders voiced concerns about the necessity for the measures

· the Women Offender Sector has initiated a bi-annual review of
offender grievances to ensure that systemic areas of concern are
identified and consistently addressed; and,
· although there are unreasonable delays in convening Correctional
Service investigations into serious injury or death of inmates,
the quality of the investigative reports once completed has shown
significant improvement over the last reporting period.

taken and the serious impact of reducing access to computers on

It is my sincere hope that the Correctional Service will significantly

offender programs, reintegration and personal uses such as litigation

add to the above list of achievements in the coming year by fully

or recreation.

addressing this year’s recommendations. This year’s report makes

The supply of computers for centralized use shows no sign of growing
sufficiently to meet needs, as more and more offenders enter the
system without access to their own computer. Pressures on the
current use of institutional computers for programs and employment
also continue to increase.
In October 2004, the Correctional Service established an advisory
committee to examine how it could improve inmate access to computers.
The committee has yet to complete its final report and to present its
recommendations to the Correctional Service’s Executive Committee.
21. I recommend that the Correctional Service:
· establish a reasonable ratio of computers to inmates in designated
areas outside cells available for inmate use; and,
· allow inmates to have computers for in-cell use.

it very clear as to what the Correctional Service needs to do to
improve its legal and policy compliance. We look forward to
working collaboratively as the Correctional Service addresses the
many issues listed in this year’s report.
The coming year will be challenging as several factors may influence
the ability of the Correctional Service to respond to its pressing
issues. New criminal justice policy may be implemented with the
net effect of increasing prison populations. From our experience
and the available research, the Correctional Service will be unable
to meet its legislative mandate if such an increase is not paired with
significant investments in reintegration initiatives, programming
and health care services.
Two additional broad policy issues are of concern to this Office:
Canada’s endorsement of the Optional Protocol to the Convention
against Torture and the situation of national security detainees.
annual report of the correctional investigator

19

First, the protocol was adopted by the United Nations General

the Correctional Investigator is concerned that the detainees will no

Assembly in December 2002. Canada was a member of the group

longer have the benefits and legal protections afforded by ombudsman

that drafted it and voted in favour of its adoption. The protocol

legislation. Pursuant to the Optional Protocol to the Conven-

establishes a system of regular visits undertaken by independent

tion against Torture, a non-profit organization with no legislative

international and national bodies to places where people are

framework, such as the Red Cross, is unlikely to meet the protocol’s

deprived of their liberty, in order to prevent torture and other

requirement for domestic oversight.

cruel, inhuman or degrading treatment.
In my last Annual Report 2004-05, I encouraged the Canadian

year’s Annual Report to enhance this Office’s citizen engagement

Government to yet again demonstrate its leadership by signing and

and information activities, and to comment on emerging areas

ratifying this important human rights instrument. Moving quickly

of focus.

on signature and ratification would add to Canada’s long historical
tradition of promoting and defending human rights at home and
abroad. It would also provide an opportunity to review the role
and mandate of oversight agencies involved in the monitoring
and inspections of “places of detention” and strengthen oversight
mechanisms where required.

This past year my Office has been involved in a record number
of outreach activities. We have formally consulted with a number
of non-governmental organizations, mental health organizations
and experts, community groups, and organizations representing
Aboriginal People and visible minorities. I have also increased my
involvement with the media and my participation in public events

The second policy issue that concerns my Office is the situation

to enhance the understanding of my role and responsibilities as

of individuals detained pursuant to national security certificates.

Canada’s federal prison ombudsman. My staff and I have written

A national security certificate is a removal order issued by the

many articles which have been reproduced in a variety of publica-

Government of Canada against permanent residents and foreign

tions. These activities have resulted in increased opportunities for

nationals who are inadmissible to Canada on grounds of national

public recognition of the benefits of independent prison oversight.

security. A recent decision has been made by the federal government
to transfer security certificate detainees held under the Immigration
and Refugee Protection Act from Ontario facilities to a federal
facility, pending their removal from Canada.

As for next year’s focus, I am increasingly concerned about the high
number of deaths and self-inflicted injuries in custody over the last
decade. My Office is especially concerned with the growing number
of similar recommendations made year after year by the Correctional

In Ontario facilities, the detainees could legally file complaints

Service’s national investigations, provincial coroners and medical

regarding conditions of confinement with the Office of the Ontario

examiners, and the ability of the Correctional Service to consistently

Ombudsman. That Office had the jurisdiction to investigate complaints

implement these recommendations across the country. A timely and

filed by the detainees pursuant to the Ontario Ombudsman Act.

systematic follow-up on corrective actions is required to ensure that

The Immigration Holding Centre has been built in Kingston
within the perimeter fence of Millhaven Penitentiary. The Canadian
Border Service Agency entered into a service contract with the
Correctional Service to provide the Border Service Agency with the
physical detention facility and with security staff.  The Border Service
Agency has a contract in place with the Red Cross to monitor the
care and treatment of detainees in immigration holding centres,
including the new Kingston holding centre. The Red Cross, a
non-government organization, has no enabling legislation to
carry out a role as an oversight agency.
The transfer of detainees from Ontario facilities to the Kingston
holding centre means that the detainees will lose the benefit of a rigorous ombudsman’s legislative framework to file complaints about
their care and humane treatment while in custody. The Office of
20

On a final note, I would like to report on my commitment in last

annual report of the correctional investigator

preventive measures are taken and result in a lower incidence of
self-inflicted injuries and deaths. Over the course of the next year,
my Office will conduct a comprehensive review of reports and
recommendations dealing with deaths and major injuries in
custody, particularly suicides, and self-inflicted injuries.

There is much to be done to make
corrections in Canada more fair,
humane and effective but we are
building from a solid foundation.
This Annual Report is the result of a dialogue between my Office,
the Correctional Service, offenders and other stakeholders. By its
very nature, it is a critical assessment and highlights problems, not

successes. Readers are cautioned against concluding that corrections
in Canada is a failed enterprise – it is not. There is much to be done
to make corrections in Canada more fair, humane and effective but
we are building from a solid foundation.
Many thanks to all those, particularly my staff, who have helped me
meet my mandate over the last year.

1. Commission of Inquiry into Certain Events at the Prison for
Women in Kingston (1996).
2. “Over-classification” refers to housing offenders in institutions that are
more secure than public safety warrants – for example, placing someone
in a maximum-security prison when medium security would do.
3. For example, see: Working Group on Human Rights (chaired by Maxwell Yalden),
1997; House of Commons Standing Committee on Justice and Human Rights, 2000;
Cross-gender Monitoring Project Report, 2000; Auditor General, 2003; Public
Accounts Committee, 2003; and, Canadian Human Rights Commission, 2004.
4. “Deadtime” refers to a situation where offenders have little to do when
they should be involved in programs or other activities.
5. Sections 81 and 84 of the Corrections and Conditional Release Act provide for the direct
involvement of Aboriginal communities in supporting timely conditional release.
6. In 2003/04, approximately 19 per cent of adult custodial admissions (i.e., provincial
jails and federal penitentiaries) in Canada were Aboriginal. The average count of persons
in custody in Canada was 32,000. The population of Aboriginal adults in Canada
according to the 2001 census was approximately 594,000. The population of nonAboriginal adults in Canada according to the 2001 census was approximately
22,064,000. The overall adult incarceration rate in 2003/04 was 130 per 100,000
adults. The Aboriginal incarceration rate of 1,024 per 100,000 adults is only an estimate
because admissions and counts are not directly comparable because characteristics of
counts data are weighted toward those who are serving longer sentences. Nevertheless,
at a very broad level, we know that the percentage of Aboriginal admissions is of the
same general order of magnitude as the counts. Please note that for international
comparisons, the incarceration rate generally includes young offenders and is therefore
based on the total population. For example, Canada’s incarceration is 108 (adult and
youth) persons in custody per 100,000 general population (Corrections and
Conditional Release Statistical Overview, 2005).
7. Sections 81 and 84 of the Corrections and Conditional Release Act provide for the direct
involvement of Aboriginal communities in supporting timely conditional release.
8. Th
 ese are the CSC Task Force on Administrative Segregation in 1997; the
Working Group on Human Rights, chaired by Maxwell Yalden in 1997; the
House of Commons Standing Committee on Justice and Human Rights in 2000;
the Cross-Gender Monitoring Report in 2000; Justice Behind the Wall, by Michael
Jackson in 2002; “The Litmus Test of Legitimacy: Independent Adjudication and
Administrative Segregation”, by Michael Jackson, Canadian Journal of Criminology
and Criminal Justice, Vol. 48, Number 2, 2006, pp. 157-196; the Canadian Human
Rights Commission in 2003; and, the Department of Public Safety and Emergency
Preparedness Canada in 2004.

annual report of the correctional investigator

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annex a: statistics

Annex A: Statistics
TABLE A: COMPLAINTS (1) BY CATEGORY

CATEGORY	

CASE TYPE	

	I/R (2)	INV (3)	TOTAL
Administrative Segregation
	 Conditions	

16	

87	

103

	 Placement/Review	

121	

243	

364

	Total	

137	

330	

467

	 Conditional Release	

64	

134	

198

	 Post Suspension	

17	

18	

35

	 Temporary Absence	

21	

28	

49

	 Transfer	

62	

66	

128

	 Total	

164	

246	

410

Cell Effects	

193	

424	

617

42	

76	

118

	 Decisions	

14	

17	

31

	 Processing	

16	

14	

30

	Total	

30	

31	

61

Case Preparation

Cell Placement	
Claims Against the Crown

Community Programs/Supervision	

9	

11	

20

161	

266	

427

31	

48	

79

2	

13	

15

26	

23	

49

	 Medical 	

5	

33	

38

	 Religious	

12	

19	

31

	Total	

17	

52	

69

Conditions of Confinement	
Correspondence	
Death or Serious Injury	
Decisions (General) – Implementation	
Diet

Discipline			
	 ICP Decisions	

14	

4	

18

	 Minor Court Decisions	

10	

13	

23

	 Procedures	

12	

30	

42

	Total	

36	

47	

83

Discrimination	

11	

8	

19

Employment	

61	

88	

149

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File Information			
	 Access – Disclosure 	

58	

75	

133

	 Correction	

92	

59	

151

150	

134	

284

	Total	

Financial Matters			
	 Access	

48	

78	

126

	 Pay	

62	

87	

149

110	

165	

275

17	

38	

55

101	

192	

293

	Total	
Food Services	
Grievance Procedure	
Harassment	

12	

17	

29

Health and Safety – Worksite	

9	

5	

14

Ion Scan/Drug Dog	

9	

16	

25

Health Care 			
	 Access	

104	

388	

492

	 Decisions	

101	

279	

380

12	

29	

41

217	

696	

913

	 Dental	
	Total	

Mental Health 			
	 Access	

9	

34	

43

	 Programs	

0	

3	

3

	Total	

9	

37	

46

15	

45	

60

5	

6	

11

51	

14	

65

Methadone	
Official Languages	
Operation/Decisions of the OCI	

Programs 			
	 Access	

75	

146	

211

	 Quality/Content	

34	

36	

70

109	

182	

291

Release Procedures	

29	

31	

60

Safety/Security of Offender(s)	

61	

138	

199

Search and Seizure	

32	

47	

79

Security Classification	

85	

142	

227

Sentence Administration – Calculation	

34	

38	

72

170	

193	

363

Telephone	

57	

138	

195

Temporary Absence Decision	

23	

57	

80

	Total	

Staff Responsiveness	

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Transfer			
	 Implementation	

58	

110	

168

	 Involuntary	

75	

101	

176

	 Pen Placement	

26	

31	

57

	 Voluntary	

98	

114	

212

257	

356	

613

Urinalysis	

9	

13	

22

Use of Force	

3	

30	

33

178	

262

	Total	

Visits 		
	 General	

84	

	 Private Family Visits	
	Total	

38	

84	

122

122	

262	

384

Outside Terms of Reference			
	 Parole Decisions	
	 Other Issues	
GRAND TOTAL	

234	

–	

234

86	

–	

86

2,936	

4,655	

7,591

(1) See Glossary
(2) I/R: Internal Response – see Glossary
(3) INV: Investigation – see Glossary

GLOSSARY
Complaint: Complaints may be made by an offender or on behalf of an offender by telephone, facsimile, letter and during interviews held by
the OCI’s investigative staff at federal correctional facilities.
Internal Response: A response provided to a complainant that does not require consultation with any sources of information outside the OCI.
Investigation: A contact where an inquiry is made to the Correctional Service and/or documentation is reviewed/analyzed by the OCI’s
investigative staff before the information or assistance sought by the offender is provided.
Investigations vary considerably in terms of their scope, complexity, duration and resources required. While some issues may be addressed
relatively quickly, others require a comprehensive review of documentation, numerous interviews and extensive correspondence with the
various levels of management at the Correctional Service of Canada prior to being finalized.

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TABLE B: COMPLAINTS BY INSTITUTION

		Number of	Number of	Number of Days
Region/Institution	
Complaints	Interviews	Spent in Institution
Women’s Facilities
	 Edmonton Women’s Facility	

114	

35	

7

	 Fraser Valley	

43 	

14	

3

	 Grand Valley	

122	

28	

6

5	

2	

0.5

92	

13	

4.5

	 Isabel McNeill House	
	 Joliette	
	 Okimaw Ohci Healing Lodge	
	 Nova	
	 Regional Psychiatric Centre (Prairies) 	
	Total	

8	

2	

1

69	

15	

4.5

6	

3	

2

459	

112	

28.5

ATLANTIC
	 Atlantic	

217	

62	

8

	 Dorchester	

256	

68	

9.5	

29	

14	

2

147	

52	

6.5

	 Shepody Healing Centre	
	 Springhill	
	 Westmorland	

44	

12	

2

	Region Total	

693	

208	

28

221	

93	

12

8	

1	

1.5

	 Collins Bay	

126	

43	

7.5

	 Fenbrook 	

118	

29	

3.5

	 Frontenac 	

44	

6	

3

	 Joyceville 	

238	

45	

10

	 Kingston Penitentiary 	

319	

82	

8.5

	 Millhaven	

166	

55	

7

	 Pittsburgh 	

28	

2	

2

	 Regional Treatment Centre	

50	

42	

4

246	

54	

9

1,564	

452	

68

ONTARIO
	 Bath	
	 Beaver Creek	

	 Warkworth 	
	Region Total	

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PACIFIC
	 Ferndale	
	 Kent	

31	

10	

2

388	

99	

13

	 Kwikwèxwelhp	

11	

3	

1

	 Matsqui 	

65	

21	

6

	 Mission 	

198	

70	

10

	 Mountain 	

304	

113	

13

	 Pacific & RTC	

179	

74	

11

	 William Head	

21	

25	

4

	 Region Total 	

1,193	

415	

60

PRAIRIE
	 Bowden	

240	

93	

11.5

	 Drumheller	

190	

89	

12

	 Edmonton 	

302	

68	

12

	 Grande Cache 	

52	

14	

2

	 Pê Sâkâstêw Centre	

12	

4	

2

	 Regional Psychiatric Centre 	

94	

35	

6

	 Riverbend 	

10	

4	

1

	 Rockwood 	

14	

4	

2

227	

77	

12

8	

6	

2

271	

105	

12	

	 Willow Cree	

8	

7	

2

	 Region Total	

1,428	

250	

76.5

	 Archambault 	

250	

151	

11

	 Cowansville 	

245	

122	

14.5

	 Donnacona 	

218	

90	

15

	 Drummond 	

170	

111	

11.5

	 Federal Training Centre 	

112	

28	

3

	 La Macaza 	

205	

66	

13.5

	 Leclerc	

198	

110	

9

	 Saskatchewan Penitentiary 	
	 Stan Daniels	
	 Stony Mountain 	

QUEBEC

	 Montée St-François 	

39	

20	

5

	 Port Cartier 	

391	

222	

15

	 Regional Reception Centre/SHU Québec 	

169	

66	

10

20	

3	

1

	Region Total 	

2,017	

989	

108.5

GRAND TOTAL 	

7,354	

2,426	

369.5

	 Ste-Anne des Plaines 	

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table c: COMPLAINTS AND INMATE POPULATION – BY REGION

Region	Total Number of Complaints (*)	Inmate Population (**)
Atlantic	

792	

1,397

Québec	

2,169	

3,321

Ontario	

1,751	

3,603

Prairies 	

1,586	

3,293

Pacific 	

1,225	

1,956

Total 	

7,523	

13,570

(*) Excludes 68 complaints from provincial institutions.
(**) As of March 2006, according to the Correctional Service of Canada’s Corporate Reporting System.

table d: DISPOSITION OF COMPLAINTS BY CASE TYPE
		
		
Case Type	Disposition	
Internal Response	

Number
of Complaints

Information given	

2,004

	

Referral	

791

	

Withdrawn 	

141

	Total	

2,936

Investigation	

Information given	

1,029

	

Not supported	

359

	

Pending	

313

	

Referral	

749

	

Resolution Facilitated	

793

	

Withdrawn	

187

	

Recommendation/Significant Impact	

1,225

	Total	

4,655

GRAND TOTAL		

7,591

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table E: AREAS OF CONCERN MOST FREQUENTLY
IDENTIFIED BY OFFENDERS
Total Offender Population
Health Care	

913

Cell Effects	

617

Transfer	

613

Administrative Segregation	

467

Conditions of Confinement	

427

Case Preparation	

410

Visits and Private Family Visits	

384

Staff Responsiveness	

363

Grievance Procedure	

293

Programs/Services	

291

ABORIGINAL OFFENDERS
Transfer	

108

Health Care	

84

Administrative Segregation	

82

Cell Effects	

68

Case Preparation	

61

Staff Responsiveness	

57

Conditions of Confinement	

55

Visits and Private Family Visits	

52

Programs/Services	

48

Telephone	

36

WOMEN OFFENDERS
Health Care	

66

Conditions of Confinement	

29

Staff Responsiveness	

26

Safety/Security of Offender	

25

Cell Effects	

24

Case Preparation	

24

Administrative Segregation	

23

File Information (Access, Correction and Disclosure)	

23

Transfer	

21

Security Classification	

20

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annex b: summary of
recommendations

Annex B: Summary of
Recommendations
1. I recommend that the Correctional Service demonstrate compliance
with its legal obligation to provide every inmate with essential health
care according to professionally accepted standards, and that all

•

working with women offenders.
6. I recommend that in the next year the Correctional Service:
•

•

•

according to professionally accepted standards, and that all mental
•

•

a prison-based needle exchange to ensure that inmates and society at
large are best protected from the spread of infectious diseases.
5. I recommend that, within one year, the Correctional Service:
•

significantly increase all women offenders’ access to meaningful
employment and employability programming;

•

•

review the daily operations and staffing of the women’s secure units

significantly increase the number of women offenders appearing before

build capacity for and increase use of section 84 and section 81

(above the required employment equity level) the overall rate of its
Aboriginal workforce at all levels in institutions where a majority of
offenders are of Aboriginal ancestry.
8. I recommend that the Correctional Service establish a timely

deaths or major injuries. In no case should this process exceed six
months from the date of the incident.
9. I recommend that the Correctional Service collect accurate information
and conduct comprehensive analyses of all inmate injuries to significantly
improve its ability to take appropriate action to limit inmate injuries
and institutional violence and that this information be verified
semi-annually as part of on-going internal audits.
10. I recommend that the Correctional Service immediately comply

significantly improve access to culturally sensitive programming and

with its legal obligations and establish “a procedure for fairly and

services for Aboriginal women who are currently imprisoned in the

expeditiously resolving all offenders’ grievances.”

Atlantic, Quebec and Ontario regions;

•

7. I recommend that the Correctional Service significantly improve

action plans in response to investigative reports into incidents of inmate

agreements with Aboriginal communities;

•

agreements with Aboriginal communities.

approval process by its Executive Committee for the development of

the National Parole Board at their earliest eligibility dates;

•

build capacity for and increase use of section 84 and section 81

and support services for women offenders in underserved areas;

timely access to treatment, spiritual, academic and work programs;

•

•

continue to significantly increase community accommodations

with a view to eliminating “deadtime” and to significantly increasing

•

significantly increase the number of Aboriginal offenders appearing
before the National Parole Board at their earliest eligibility dates; and,

disruptive mental health behaviour and respond accordingly.
4. I recommend that the Correctional Service immediately implement

significantly increase the use of unescorted temporary absences
and work releases;

3. I again recommend that the Correctional Service take immediate
steps to sensitize and train all front-line staff to appropriately identify

significantly increase the number of Aboriginal offenders housed
at minimum security institutions;

health care units and regional treatment centres be accredited within
one year.

increase timely access to programs and services that will significantly
reduce time spent in medium and maximum security institutions;

with its legal obligation to provide every inmate with essential mental
health care and reasonable access to non-essential mental health care

implement a security classification process that ends the overclassification of Aboriginal offenders;

institutional health care sites be accredited within one year.
2. I recommend that the Correctional Service demonstrate compliance

provide women-centered training to all community parole officers

11. I recommend that within one year the Correctional Service provide

review use of force incidents at women’s facilities to ensure consistent

evidence that complaint and grievance statistics are being used to identify

compliance with policy;

and address areas of systemic offender concerns.

establish firm targets ensuring all front-line staff receive refresher
training in women-centered approaches in accordance with the
recommendation of the Canadian Human Rights Commission; and,
annual report of the correctional investigator

31

12. I recommend that in the next year the Correctional Service:
•

significantly increase the number of offenders appearing before the
National Parole Board at their earliest eligibility dates;

•

significantly reduce waiting lists for programs included in correctional
plans to maximize safe and timely reintegration;

•

needs of elderly offenders and significantly improve key areas including
accommodation, program development, palliative care, and
reintegration options.
18. I recommend that the Correctional Service immediately increase
inmate allowances for work and program participation. I further

increase timely access to programs and services that will significantly

recommend that, from this time forward, inmate allowances be

reduce the time spent in medium and maximum security

indexed to the rate of inflation.

institutions; and,
•

17. I recommend that Correctional Service respond to the special

significantly increase the number of unescorted temporary absences
and work releases, which have drastically declined in recent years

19. I recommend that the Correctional Service immediately:
•

visiting a dying member of their immediate family or other persons

and yet have a very high success rate.

with whom inmates have a close personal relationship or attending
their funeral; and,

13. I recommend that in the coming year the Correctional Service:
•

proactively implement the least restrictive options and significantly

amend its policy requiring that inmates choose between either

•

expedite the consideration of requests for compassionate temporary
absences, and allow for a visit to the gravesite or with family members

reduce the overall number of placements in administrative segregation;

should circumstances make attendance at the funeral impossible.
•

significantly reduce the average length of stay in administrative
segregation; and,

20. I recommend that the Correctional Service immediately subject all
federally-sentenced offenders to an individualized security classification

significantly reduce the time to effect intra- and inter-regional transfers.

process as required by law and regulations.

14. I recommend that the Correctional Service immediately

21. I recommend that the Correctional Service:

•

implement reasonable procedural safeguards for any offender confined
in any situation that is not within the general inmate population, and

establish a reasonable ratio of computers to inmates in designated

ensure legal compliance with offenders’ rights, entitlements and access

areas outside cells available for inmate use; and, allow inmates to

to programs.

have computers for in-cell use.

15. I recommend that the Minister play a leadership role by requesting
that the House of Commons’ Standing Committee on Public Safety
and National Security examine the implementation of independent
adjudication of administrative segregation decisions when it considers
other amendments of the Corrections and Conditional Release Act.
16. I recommend that within one year the Correctional Service:
•

develop and implement new policies, programs and services specifically
to meet the unique needs of offenders aged 20 and younger that will
significantly reduce their time spent in maximum and mediumsecurity institutions, and in administrative segregation; and,

•

develop and implement programs and services designed to meet the
unique needs of offenders aged 20 and younger that will significantly
increase their timely and safe reintegration into the community.

32

•

annual report of the correctional investigator

•

allow inmates to have computers for in-cell use.

response from the
correctional service of canada
to the 33rd annual report
of the correctional investigator
2005-2006

INTRODUCTION
In Canada, the goal of the criminal justice system is to contribute
to the maintenance of a just, peaceful and safe society. As the federal
agency that manages Canadian penitentiaries and supervises federal
offenders on conditional release in the community, the Correctional
Service of Canada (CSC) plays an important role in contributing to
public safety.
Research has shown that, for nearly all offenders, the best way to
achieve public safety is the successful reintegration of offenders
into society, through a gradual release using effective programming,
support and supervision. To achieve these results, CSC must focus
on actively encouraging and assisting offenders to become law-abiding
citizens while it exercises reasonable, safe, secure and humane
control in its institutions and effective supervision in the community.1
In doing this, it must ensure, at all times, that public safety is the
paramount consideration in the correctional process.
The Correctional Investigator (CI) is the Ombudsman for
federally sentenced offenders. The primary function of the Office
of the Correctional Investigator (OCI) is to investigate and bring
resolution to individual offender complaints. The Office, as well,
has a responsibility to review and make recommendations on the
Correctional Service’s policies and procedures associated with the
areas of individual complaints to ensure that systemic areas of
concern are identified and brought to the attention of CSC.
Over the years, CSC has worked with the CI to develop a unique
and respectful working relationship, and to address and resolve
issues of mutual concern. In his Annual Report, the CI provides
an important, independent perspective on CSC operations, and

made here is that CSC’s approach must continue to evolve rapidly
to sustain even the current level of correctional results because of
the changing offender profile. The simple reality is that offenders
today present a broader range of risks and needs than at any time
in our history. They have, for example, more extensive and violent
criminal histories as youths and as adults:
· Last fiscal year, roughly 90% of offenders newly admitted to our
federal institutions had a previous youth or adult court conviction;
· Nearly 50% of the new admissions in 2004-05 had served a prior
youth sentence;
· Today, the great majority of offenders in federal prison custody are
serving sentences for violent offences (76%);
· 26% of federal offenders have been convicted of homicide. There
are now close to 1,000 federal offenders serving sentences for first
degree murder;
· 80% of offenders admitted to a federal institution have a
substance abuse problem and half committed their crime
under the influence of intoxicants, drugs or alcohol; and
· An increasing proportion of federally-sentenced offenders, both
male and female, now have more affiliations with gangs and
organized crime (a 33% increase between 1997 and 2005).
As well, approximately 12% of male offenders and 26% of female
offenders are identified at admission as presenting mental health
problems. These proportions have risen since 1997 (from 7% to
12% for men, or an increase of 71%, and from 13% to 26% for

thus gives CSC additional insight into its own performance.

women, or an increase of 100%). Consequently, CSC needs to

His report this year is a compilation of issues that have been raised

needs of offenders in institutions and in communities.

over several years and identifies areas where the CI considers that
CSC has not met his expectations. The magnitude and breadth of
the recommendations presented in this report require a comprehensive
response which describes the context in which CSC operates and

rapidly strengthen and integrate its response to the mental health

Furthermore, most offenders now have unstable job histories, low
levels of education, and are generally in poorer health, having much
higher rates of infectious disease such as HIV and Hepatitis than

its ongoing efforts to improve results.

other Canadians. In addition, Aboriginal peoples continue to be

While the CI’s recommendations are not binding, CSC nonetheless

the Canadian population is of Aboriginal ancestry, in contrast to

takes this report very seriously, analyzing each recommendation in
detail, with a view to addressing the issues identified that are most

over-represented in the correctional system; approximately 3% of
approximately 18% of federally incarcerated offenders.

pressing and capable of being addressed within its existing resource base.

Additionally, over 50% of new male offender admissions are

It is important to understand that even if CSC agreed with all of

shorter sentence lengths has been increasing for nearly a decade and

the CI’s recommendations which, as explained below, it does not,
it would be beyond its reach and capacity to address all of them at
once, given its existing financial and human resource constraints.

34

In terms of overall context, the most fundamental point to be

now serving sentences of less than three years. This trend toward
continues to increase, leaving less time to change a lifetime pattern
of attitudes and behaviours.

Nevertheless, CSC is committed to continuous improvement and

At the same time, the proportion of people who are being released

learning and this report provides an opportunity to do both.

under supervision as a result of discretionary release decisions is

response from the correctional service

decreasing and the proportion of those being released as a result of

and for their eventual successful reintegration into the community.

statutory release provisions, with less time in the community under

In this context, if CSC is to continue to make the contribution to

CSC supervision, is increasing.

public safety that Canadians expect and deserve, it will have to build

These factors pose significant challenges for the effective management, treatment, and employment of offenders while incarcerated

more sophisticated and integrated approaches within a fiscally
responsible framework.

CSC’s Approach to these Challenges
CSC administers 58 penitentiaries, 16 community correctional centres and 71 parole offices across Canada, to manage offenders who are
sentenced to two years or more. On any given day, there are approximately 12,400 offenders in institutions and 8,300 under supervision in
the community. On a flow-through basis, CSC manages approximately 26,000 offenders per year.
To position itself to meet the challenges of the changing offender profile described above, CSC’s approach will be to focus, over the next
three years, on five strategic priorities in order to achieve the following results:
Priority

Targeted Result

1. Safe transition of offenders into the community;

A reduction in the rate of violent re-offending by offenders, both
while they are in the community under CSC supervision and
following the end of their sentence;

2. Safety and security for staff and offenders in our institutions;

A reduction in violent behaviour within CSC institutions;

3. Enhanced capacities to provide effective interventions for First
Nations, Métis and Inuit offenders;

A narrowing of the gap in the rate of re-offending between
Aboriginal and non-Aboriginal offenders, both while they are in
the community under CSC supervision and following the end
of their sentence;

4. Improved capacities to address mental health needs of
offenders; and

An improvement in correctional results for federal offenders with
mental disorders; and

5. Strengthening management practices.

An improvement in management practices at all levels, in
institutions and the community.

Strategies have been developed for these five priorities and are now reflected in current business plans. Strategies for the four operational priorities,
and expected results, have been developed based on extensive criminological research which demonstrates that gradual and controlled release
of offenders to the community, when it is safe to do so, and with proper supervision and support — is effective in ensuring the short and
long term safety of our communities. Offenders who have benefited from targeted interventions are less likely to commit new crimes.
Strategies for the fifth strategic priority, strengthening management practices, include focussing special attention on ensuring roles and
responsibilities are well defined; internal communications are robust; teamwork is sustained across organizational boundaries and across
disciplines; and management approaches are transparent, with decisions that are based on public service values, quality and cost
effectiveness to provide public safety results for Canadians.
Framework for Response
The CI’s Annual Report includes 42 individual recommendations
(including sub-recommendations) covering a broad range of topics.
Given the very clear set of five priorities that CSC has established
for 2006-07 and beyond, and that the CI’s recommendations can
be related to these priorities, CSC’s response to these 42 recommendations is organized in terms of how each of these relate to
the priorities.

This structured response will provide clarity for the reader who
may wish to cross-reference any other CSC report including, most
importantly, its 2006-07 Report on Plans and Priorities, and other
mechanisms for reporting to Parliament.2 It will also allow CSC to
effectively monitor, where appropriate, progress in relation to its
response as part of its ongoing work in implementing its business
plan. For those who wish to review the response by numerical
order of the CI’s recommendations, please see Annex B for a
cross-reference index.

response from the correctional service

35

From CSC’s perspective, some of the 42 recommendations require

of the implementation of correctional plans for each individual.

additional attention at this juncture and others do not. In many

In this context, a major priority for CSC is to enhance its

cases, this is because, while CSC agrees with the overall thrust of

approaches toward ensuring that offenders can be safely returned

the CI’s recommendation, CSC has already taken action in many

to the community.

of these areas. For example, as described below, improvements in
the delivery of programs and services at institutions and parole offices,
which contribute to preparing offenders for a safe and gradual
transition to the community, are already underway, and will have
positive impacts that have not been recognized in the CI’s report.
CSC will continue to work closely with the CI on many of the
areas covered in the Annual Report. CSC has benefited greatly from
the experience and input provided by members of the CI’s office
in relation to policy development and improvement of processes.
The OCI has, for example, been instrumental in making recommendations that have improved the process for review of use of
force incidents.

and integrate strategies that focus on purposeful interventions,
correctional programs and effective supervision, as well as improvements in the monitoring of the offender’s progress.
For example, CSC is improving offender preparation for release,
aimed at adapting the intake process for offenders so that the
offender’s criminogenic needs are assessed earlier in the process
and an appropriate Correctional Plan is developed. As well,
additional amendments are being made to case management and
programming, to ensure that there is more timely and purposeful
interventions for those serving shorter sentences. Additionally,
enhancements to Community Correctional Centres (CCCs) to

It should be noted that CSC’s response does not include a response

manage the transition to the community will further support

to recommendation 15 in the CI’s Report because it has been made

safe transition for offenders into the community.

to the Minister of Public Safety and Emergency Preparedness rather
than to CSC:
I recommend that the Minister play a leadership role by requesting

CI’s Recommendation 1:
I recommend that the Correctional Service demonstrate compliance
with its legal obligation to provide every inmate with essential

the House of Commons’ Standing Committee on Public Safety and

health care according to professionally accepted standards, and that

National Security examine the implementation of independent ad-

all institutional health care sites be accredited within one year.

judication of administrative segregation decisions when it considers
other amendments of the Corrections and Conditional Release Act.
CSC’s position on this issue has been clearly communicated to the
CI. CSC is not in favour of, and does not support the implementation
of independent adjudication, at this time.
This response to the CI’s Annual Report has been developed to
provide more context than has been provided in previous responses.
As such, it should provide the reader with greater insight into the
complexities of managing a rapidly changing offender population,
and into how, over the coming years, CSC intends to maximize it
contribution to public safety by focussing on five strategic priorities.

CSC’s Response:
CSC does and will continue to provide every inmate
with essential health care and reasonable access to
non-essential health care that will contribute to the
inmate’s rehabilitation and successful reintegration
into the community.
Health care is provided according to professionally
accepted standards by registered health care professionals; attaining accreditation of health care sites
is a goal, but not a legal obligation.

Priority 1 – Community Transition

All health professionals under contract or employed with CSC are

Safe transition of offenders into the community

registered and regulated by their independent licensing bodies and

In the context of the changing offender profile described earlier,
CSC is facing a number of challenges in preparing offenders for a
safe transition to the community. While the evidence demonstrates
that a gradual, supervised release to the community provides the
best results, the more complex and demanding population poses
a major challenge for CSC. Offenders now pose a greater variety

36

To contribute to public safety results, CSC continues to develop

are governed by various statutory requirements. In accordance with
the Corrections and Conditional Release Act (CCRA), CSC only hires
registered health care professionals to deliver health services to
federally sentenced offenders. There are mechanisms in place to
verify that all health care professionals have a current and valid
license to practice.

of risks and have more diverse needs which require targeted

Accreditation is a complex and iterative process in which CSC

correctional programs and interventions and close monitoring

is actively engaged. It is a goal that CSC is pursuing, in order to

response from the correctional service

further improve its delivery of health care, but accreditation is not a
legal obligation. All CSC Health Services Units, with the exception
of one, were surveyed by the Canadian Council on Health Services
Accreditation (CCHSA) between December 2004 and June 2006.
Future follow-up visits will be done in accordance with the three
year cycle.
Moreover, to ensure that standards of care are respected and problems
are addressed, CSC has a number of mechanisms in place, including
investigations, visits by the Health Care Advisory Committee, and
continued pursuit of accreditation of all Health Services.

· continue to significantly increase community accommodations and
support services for women offenders in underserved areas;
Over the past few years, CSC has increased bed capacity in the Atlantic
Region; as well, CSC has significantly expanded bed capacity in
the Pacific Region in the past year, including accommodation for
Aboriginal women.
The expansion of small-scale alternative community accommodation
(e.g. satellite apartments and private home placements) for women
offenders in underserved areas has been limited by challenges in
finding these types of accommodation with the required support

CI’s Recommendation 5:

and structure, often for one woman at a time. Nevertheless,

I recommend that, within one year, the Correctional Service:

CSC remains committed to seeking these opportunities in

· significantly increase all women offenders’ access to meaningful
employment and employability programming;
· continue to significantly increase community accommodations and
support services for women offenders in underserved areas;
· significantly increase the number of women offenders appearing
before the National Parole Board at their earliest eligibility dates;
· build capacity for and increase use of section 84 and section 81
agreements with Aboriginal communities; and
· significantly improve access to culturally sensitive programming
and services for Aboriginal women who are currently imprisoned
in the Atlantic, Quebec and Ontario regions.

CSC’s Response:
Within its available resources, and based on
on-going needs analysis and research, CSC
will continue to enhance services, programs and
strategies, focussed on meeting the specific needs of
women offenders, to reduce their risk of re-offending
violently and to increase their ability to transition
safely to the community.
· significantly increase all women offenders’ access to meaningful
employment and employability programming;
CSC recognizes the pivotal role that employment plays in promoting
the reintegration of offenders into society as law-abiding citizens.

underserved areas.
· significantly increase the number of women offenders appearing
before the National Parole Board at their earliest eligibility dates;
CSC constantly strives to bring forth program improvements that
will contribute to a woman’s release at the earliest appropriate date
(e.g., earlier targeting of needs, flexible entry system for programs
and reduction of minimum program group size). CSC continues to
monitor those few women offenders who are past their parole
eligibility dates, and remains committed to the reintegration of
women offenders to the community.
· build capacity for and increase use of section 84 and section 81
agreements with Aboriginal communities;
A Section 84 Conditional Release Planning Kit has been produced
and widely distributed throughout CSC, including to the women
offender institutions, and to communities to provide a comprehensive guide on this type of release option.
Nine full-time Aboriginal Community Development Officer (ACDO)
positions have been staffed across the country to create links, for
both men and women offenders, with Aboriginal communities,
to raise Aboriginal community interest in participating in the
correctional process, and to initiate section 84 release planning.
· significantly improve access to culturally sensitive programming
and services for Aboriginal women who are currently imprisoned
in the Atlantic, Quebec and Ontario regions.

CSC has developed a draft National Employment Strategy for

The Atlantic (Nova Institution), Quebec (Joliette Institution), and

Women Offenders, that is scheduled for implementation in April

Ontario (Grand Valley Institution) regions have fewer Aboriginal

2007. The objective of the Strategy is to increase viable and mean-

women offenders than the two western regions. Elder and Aboriginal

ingful employment opportunities for women offenders, both in

Liaison Officer services are provided at these sites and women’s

the institution and upon release, to contribute to their

needs are addressed on an individual basis through interventions,

successful reintegration.

such as sweat lodges and other cultural activities (e.g. Circles of
Change Program at Grand Valley Institution).
response from the correctional service

37

CI’s Recommendation 12:

One approach that is currently being considered is reducing the

I recommend that, in the next year, the Correctional Service:

time that offenders spend in the intake process, so that they can

· significantly increase the number of offenders appearing before
the National Parole Board at their earliest eligibility dates;
· significantly reduce waiting lists for programs included in
correctional plans to maximize safe and timely reintegration; and
· significantly increase the number of unescorted temporary
absences and work releases, which have drastically declined in
recent years and yet have a very high success rate.

participate in correctional programs earlier in their sentence.
New programs and program referral criteria will be introduced,
by the end of fiscal year 2007, to address the challenge of placing
offenders in programs that are commensurate with their identified
needs, risk level, and sentence length.
New policy, currently under development, will provide explicit
guidelines for the referrals to programs, the management of waitlists, and the functioning of the Program Board.

CSC’s Response:
CSC strongly supports the principle that every
offender ought to have access to the programs and
treatments that meet their needs.

· significantly increase the number of unescorted temporary
absences and work releases, which have drastically declined in
recent years and yet have a very high success rate.
The decision to approve an Escorted Temporary Absence (ETA),

CSC takes every possible action, within its resources,
to eliminate obstacles to offenders’ participation in
programs, including unescorted temporary absences
(UTAs) and work releases, and activities which
will help to reduce the risk they represent to society,
ideally, by the time they reach their parole
eligibility dates.

an Unescorted Temporary Absence (UTA), or a work release is made

CSC cannot predetermine the numbers who will
achieve this challenging goal, nor can CSC compel
an offender to appear before the NPB at their
earliest eligibility date.

correctional option. The efforts of the Aboriginal Community

· significantly increase the number of offenders appearing before

on a case-by-case basis. Both public safety and the reintegration benefits
of such a decision need to be considered and appropriately balanced.
Therefore, CSC cannot commit to increasing the use of these
Temporary Absences (TA) or work-releases on a population-wide basis.
However, CSC’s efforts to streamline assessments and reduce
wait times will contribute to increasing the number of offenders
for whom Temporary Absences or a work release may be a viable
Development Officers to work with Aboriginal communities will
also contribute to increasing TA opportunities for Aboriginal offenders.
CI’s Recommendation 19:
I recommend that the Correctional Service immediately:

the National Parole Board at their earliest eligibility dates;

· amend its policy requiring that inmates choose between either

CSC cannot commit to increasing offender appearances at the

persons with whom inmates have a close personal relationship

National Parole Board (NPB). There are other factors in addition to
eligibility dates for release which must be considered, the first being
whether the offender is ready to be released and can be safely
managed in the community.
CSC’s policy and procedures direct that an offender and the accompanying casework be prepared for presentation to the NPB at the
earliest date that the offender is assessed as being able to be safely
managed in the community.
· significantly reduce waiting lists for programs included in
correctional plans to maximize safe and timely reintegration;
Waitlists are only one indicator of true demand for programs.
Program Assignment Boards are in place in the institution and in
the community to manage the program enrolment of offenders.

visiting a dying member of their immediate family or other
or attending their funeral; and
· expedite the consideration of requests for compassionate temporary
absences, and allow for a visit to the gravesite or with family
members should circumstances make attendance at the
funeral impossible.

CSC’s Response:
CSC does not have the resources to accommodate
every request for compassionate temporary absence.
Moreover, CSC disagrees with the need to amend
its current policy, since it reflects principles of
compassion and current community standards.
CSC has an obligation to attend to the needs of the offender,
manage public safety, and to responsibly manage within the limited

38

response from the correctional service

resources available to deal with the many serious challenges it faces.
There are frequently very real tensions between these three obligations.
CSC is of the view that no further action is required with respect to
reviewing requests for compassionate temporary absences, as CSC
already exercises, and will continue to exercise, appropriate discretion
when reviewing each request, on a case-by-case basis, and in keeping
with law, policy and the principles of compassion.
CSC recognizes and supports the strengthening of an offender’s
community ties and respects the humanity of those under sentence.
CSC therefore makes every reasonable effort to accommodate inmates
wishing to attend funeral services of immediate family members or

CSC’s Response:
CSC actively works to reduce the spread of
infectious disease, and continues to examine options
to decrease the risk of transmission of infectious
disease for offenders, staff, and the public. However,
CSC’s immediate focus is to curtail the supply, use
and impact of drugs in institutions, while recognizing
that additional efforts and resources will be required
over time in the areas of prevention, treatment,
enforcement, and harm reduction.

persons with whom the inmate has a close personal relationship.

The Public Health Agency Canada (PHAC) has recently completed

Current policy ensures the humane treatment of offenders by allowing

the prison environment. CSC is analyzing the results of this study,

them, to the extent possible, to attend the funerals of certain individuals with whom the offender has a relationship. However, each
application is evaluated, to determine the nature of the relationship
between the offender and the deceased as well as the risk posed by
the offender.

an initial study on the use of a safe-needle exchange program within
within the overall context of CSC’s strategy on drugs in institutions,
and examining the experience of international jurisdictions that
have implemented needle exchange programs. However, the
primary focus for CSC in the near term will be on reducing the
supply of drugs in its institutions.

Priority 2 – Safety and Security in Institutions
Safety and security for staff and offenders in our institutions
The changing offender population has a direct impact on the safety
and security of institutions. There has been an increase in offenders
demonstrating poor institutional adjustment, more anti-social
behaviour, and there has been an increase in the proportion of
offenders assessed as requiring placement into maximum security
institutions at intake.

3

CSC must work towards reducing all forms of violence, whether
directed at staff or at offenders. At the same time, offenders must be
provided with an environment that is secure and conducive to their
rehabilitation. Furthermore, the high prevalence of offenders having
substance abuse problems means that institutions are exposed to
risks of violence associated with drugs.
CSC continues to look at ways to improve current practices,
explore new and innovative strategies, and create better conditions
for successful behavioural changes and rehabilitation of offenders.
To ensure the protection of staff and offenders in institutions,
ongoing adjustments to security and interventions to address the
changing offender profile must be put in place. Making these
adjustments is a priority for CSC.
CI’s Recommendation 4:
I recommend that the Correctional Service immediately implement

CI’s Recommendation 5 (cont’d from priority 1, page 37):
I recommend that, within one year, the Correctional Service:
· review the daily operations and staffing of the women’s secure units
with a view to eliminating “deadtime” and to significantly increasing timely access to treatment, spiritual, academic and
work programs; and
· review use of force incidents at women’s facilities to ensure
consistent compliance with policy.

CSC’s Response:
CSC continues to seek increased opportunities for
women offenders who are classified as maximum
security to participate in programs and activities
and to interact with others, while maintaining the
safety and security of all concerned.
The thorough review of all use of force incidents
at women’s institutions is in place, and is a
well-established practice.
· review the daily operations and staffing of the women’s secure units
with a view to eliminating “deadtime” and to significantly increasing timely access to treatment, spiritual, academic and
work programs;

a prison-based needle exchange to ensure that inmates and society at
large are best protected from the spread of serious diseases.
response from the correctional service

39

CSC’s approach is to continually review and improve operations
and access to programs and treatment for women offenders in the
Secure Unit.
CSC is focussing, in particular, on the more effective management
of women who have been placed on the Management Protocol4 ,
as a result of committing an act causing serious harm within the
institution or seriously jeopardizing the safety of others during their
incarceration. Women on the Management Protocol, and those in
segregation, are most likely to experience periods of non-structured
time which presents a challenge for CSC.
CSC is seeking to secure additional resources to increase interventions, and consequently increase opportunities for these women to
access programs, treatment, educational and spiritual activities.
· review use of force incidents at women’s facilities to ensure
consistent compliance with policy.
The CI report indicates that the reportable use of force incidents at
women’s facilities have measurably increased in 2005-06 following
a significant decline in 2004-05. In contrast, CSC’s data indicate
that use of force incidents have remained relatively stable over the
last three fiscal years: 71 in 2003-04; 62 in 2004-05; and 71 in

CSC does not support numeric targets over
comprehensive case-by-case reviews for the security
classification or the gradual release of offenders.
These decisions are based on a distinct review of
each case. CSC will assist offenders to make the
changes necessary to demonstrate that they have
reduced the level of risk they represent.
Research has demonstrated that providing effective interventions is
the most effective option for reducing institutional misconduct and
maintaining safe and humane environments.
CSC is responding to the placement needs of the offender population
through streamlining processes to ensure that, to the largest extent
possible, all offenders have access to necessary interventions.
CSC’s goal is to improve access to programs for all offenders, which
will contribute to decreasing risk. Reduced risk results in a lowering
of required security level, and shorter time spent at the highest

2005-06.

security level.

CSC has policies and procedures in place that govern the recording,

Additionally, in order to appropriately address the program needs of

viewing and transmitting of videotapes, including the transmission
of every tape to the OCI for review. Policy and procedures clearly
specify the roles and responsibilities at the local, regional, and
national levels for the review process and for the monitoring of
use of force incidents and reporting.

Aboriginal offenders,5 recent revisions to case management policies
incorporated the consideration of Aboriginal social history in the
correctional planning and decision-making process, in accordance
with the principles of the Supreme Court of Canada Gladue 6 decision.
CI’s Recommendation 13:

All Institutional Emergency Response Team interventions are

I recommend that, in the coming year, the Correctional Service:

videotaped and subsequently reviewed at the local and the regional

· proactively implement least restrictive options and significantly

levels to ensure compliance with policy. In addition, all videotapes of
incidents involving women offenders are reviewed by CSC through
the Office of the Deputy Commissioner for Women, in order to
ensure compliance with policy and to address any problematic
issues with the institutions.
CI’s Recommendation 12 (cont’d from priority 1, page 38):
I recommend that, in the next year, the Correctional Service:
· increase timely access to programs and services that will
significantly reduce the time spent in medium and maximum
security institutions.

CSC’s Response:
CSC is committed, within its resources, to increasing
and enhancing the provision of opportunities for
offenders to participate in all programs, including
40

unescorted temporary absences and work release,
that will assist in their gradual, supervised
transition to the community.

response from the correctional service

reduce the overall number of placements in administrative
segregation;
· significantly reduce the average length of stay in administrative
segregation; and
· significantly reduce the time to affect intra- and interregional transfers.

CSC’s Response:
CSC will continue to improve its practices to ensure
that Administrative Segregation is used only in
accordance with a fair and reasonable decisionmaking process, and to ensure that the offender is
safely returned to the general inmate population
at the earliest appropriate time.

· proactively implement least restrictive options and significantly
reduce the overall number of placements in administrative segregation;
The change in the offender profile has presented challenges in
managing a contained environment with limited resources and
options. CSC is committed to using Administrative Segregation

Offenders requesting a voluntary transfer to alleviate their segregation
status are considered a priority for transfer. On average, CSC
conducts five inter-regional voluntary transfers a month in order
to address long-term segregation cases. The success of these
inter-regional transfers is monitored at the national level.

only when required, in accordance with the CCRA. Placement in

Additionally, for those cases where regions are having difficulty

Administrative Segregation is initially reviewed by the Warden, (if

transferring an offender, Commissioner’s Directive 710-2 Transfer

it was not the Warden who confirmed the order to segregate) and,

of Offenders, was recently amended to allow for a final decision,

after five days, followed up by a review board’s recommendation,

where two regions cannot agree on a transfer, to be made at

to ensure that the inmate’s continued custody in segregation is

National Headquarters.

warranted pursuant to the considerations in the CCRA.
Additionally, to assist in compliance with policy and procedures
related to Administrative Segregation, CSC continues to provide
training to Correctional Supervisors with respect to administrative
segregation.
· significantly reduce the average length of stay in administrative

CI’s Recommendation 14:
I recommend that Correctional Service immediately implement
reasonable procedural safeguards for any offender confined in any
situation that is not within the general inmate population, and
ensure legal compliance with offenders’ rights, entitlements, and
access to programs.

segregation;
Multiple factors contribute to the need for Administrative Segregation.
CSC’s continuing efforts to enhance mental health support, reduce
the influence of drugs, and develop strategies to manage gangs,
together with the measures taken to reduce institutional violence,
should lessen reliance on Administrative Segregation and help to
reduce the number of offenders seeking voluntary segregation.
As to women offenders in segregation, CSC has commenced a twoyear pilot Segregation Advisory Committee at Edmonton Institution
for Women, with external membership, to review the cases of

CSC’s Response:
CSC is responsible for the safe custody of an
increasingly diverse population, within which there
are often conflicting groups or individuals. Care will
continue to be taken to respect every aspect of the CCRA
in providing an environment within institutions
that allow inmates to live in a safe and compatible
way, while ensuring that their access to programs
and their safety and security are not compromised.

women in segregation over 30 consecutive days, and all women
whose cumulative stay in segregation exceeds 60 days over a one-

CSC has conducted a survey of “Transition Units” and other sub-

year period. The purpose of the Committee is to identify possible

population units. As a result of the survey, a Commissioner’s Direc-

reasonable alternatives to both short and long term segregation.

tive will be developed, to ensure that the needs of the various and

In addition, CSC will be conducting a national audit on administrative segregation in the fall 2006. The audit will focus on:
1. the adequacy of the overall framework for the management of

potentially more challenging offender population that is being
managed in institutions are met through safe and appropriate placement.
CSC will also ensure full compliance with the CCRA, with respect
to consistency of conditions of confinement across populations.

administrative segregation;

CI’s Recommendation 16:

2. determining whether the initial placement and continued

I recommend that, within one year, the Correctional Service:

segregation is justified;

· develop and implement new policies, programs and services

3. determining whether the conditions of confinement in
segregation meet the intent of the law; and
4. assessing the level of compliance to the administrative requirements
of the segregation process related to reviews/assessments as well as
the recording of information.

specifically to meet the unique needs of offenders 20 and younger
that will significantly reduce their time spent in maximum and
medium-security institutions, and in administrative segregation; and
· develop and implement programs and services designed to meet
the unique needs of offenders 20 and younger that will significantly
increase their timely and safe reintegration into the community.

· significantly reduce the time to affect intra- and interregional transfers.
response from the correctional service

41

CSC’s Response:
CSC will continue to ensure that the needs of all
offenders, including younger offenders, are appropriately
dealt with through their individual assessments and
plans, while ensuring their overall safety and ability
to participate in programs.
Each Correctional Plan is developed on an individual basis and
therefore addresses the unique needs and concerns of the offender.

member of the Working Group that prepared a detailed report
entitled, “Overview of Inmate Finances”, in December 2005.
The analysis presented by the CI in these recommendations comes
directly from the report. This in-depth report analyzed the issue
from a legislative and historical perspective; issues raised by stakeholders; most recent changes to policy; comparisons nationally and
internationally; inmate pay and motivation; and, the financial
situation. As a result of this analysis, various options have been developed
in order to create a more streamlined allowance system and these

Where there are accommodations required because of age-related

will be presented in the fall of 2006 to CSC senior management.

needs, those are built into the Plan.

CI’s Recommendation 20:

CI’s Recommendation 17:

I recommend that the Correctional Service immediately subject all

I recommend that Correctional Service respond to the special needs

federally sentenced offenders to an individualized security classifica-

of elderly offenders and significantly improve key areas including

tion process as required by law and regulations.

accommodation, program development, palliative care, and
reintegration options.

CSC’s Response:
CSC will continue to ensure that the needs of all
offenders, including elderly offenders, are appropriately
dealt with through their individual assessments and
plans, while ensuring their overall safety and ability
to participate in programs.
As noted in our response to the issue of offenders under 20 years
old, each Correctional Plan is developed on an individual basis and
as such addresses the unique needs and concerns of the offender.
When there are accommodations required because of age-related
needs, those are built into the Plan.
CI’s Recommendation 18:
I recommend that the Correctional Service immediately increase
inmate allowances for work and program participation. I further

CSC’s Response:
CSC does not believe that any changes are required
to this process at this time. CSC’s approach to
classification will continue to be based on individualized assessments, and be conducted in accordance
with the law and regulations.
CSC does conduct individualized security classifications consistent
with the CCRA. Security needs, programming, cultural and linguistic
needs, and proximity to home community and family, along with
institutional adjustment, escape risk and public safety ratings are
considered in all placement decisions.
In situations where offenders are serving a life sentence, the security
classification is carried out, in accordance with the CCRA, based on
the elements noted above, the impact that a life sentence has on the
individual, and the seriousness of the offence.

recommend that from this time forward inmate pay be indexed to

Priority 3 – Aboriginal Offenders

the rate of inflation.

Enhanced capacities to provide effective interventions for
First Nations, Métis and Inuit offenders

CSC’s Response:
This is not an immediate priority for CSC. CSC
is presently examining options to maximize the
effective use of resources currently allocated for
inmate allowances.
CSC recognizes that a change to the inmate allowance system
is needed and has been working with the OCI over the past
six months to develop an improved approach. The OCI is a

42

response from the correctional service

As previously noted, Aboriginal peoples continue to be disproportionately represented in the correctional system. Moreover, Aboriginal
people admitted to federal custody are increasingly younger and are
more likely to be incarcerated for a violent offence, have affiliations
with gangs and have much higher needs (relating to substance
abuse, health, employment and education, for example). While
many needs of Aboriginal men and women are similar, they require
different types of interventions to address those needs. Furthermore,
research highlights distinct background, offence patterns and need

To address the specific needs of all Aboriginal offenders, CSC’s

to support the safe transition of Aboriginal offenders
to communities, including those returning to
urban areas.

Strategic Plan for Aboriginal Corrections (2006-07 to 2010-11)

· implement a security classification process that ends the over-

characteristics among First Nations people on reserve, First Nations
people off reserve, Métis and Inuit offenders.

will assist CSC in moving forward on three key areas:
· implement initiatives within a continuum of care to provide
culturally appropriate interventions that address the specific
criminogenic needs of First Nations, Métis and Inuit men and
federally sentenced women offenders;
· enhance horizontal collaboration and coordination within CSC,
within the Public Safety portfolio, and with other levels of government, Aboriginal organizations and stakeholders, to contribute
to Aboriginal community development and to help Aboriginal
offenders initiate and sustain their healing journeys; and
· address systemic barriers internally and increase CSC
cultural competence
CSC’s response is organized according to its five priorities, and
recommendations related to community transition, safety and
security in institutions, mental health and strengthening management are included in those specific sections, since these issues apply
to all offenders, regardless of their heritage. Those responses will
not be reiterated within this priority.

classification of Aboriginal offenders;
The security classification tool used by CSC is appropriate for
Aboriginal offenders, and the criteria which are used to classify
offenders are contained in the CCRA and Corrections and Conditional
Release Regulations (CCRR). Empirical evidence has not been
provided by the OCI that Aboriginal offenders are over classified.
Criticisms have been levied against CSC’s reclassification methods.
Therefore, CSC plans to conduct a needs analysis into the efficacy
and cultural appropriateness of its re-classification methods, and
will revise these methods, if the analysis provides evidence that
changes are necessary.
As well, CSC is focussing its efforts on increasing access to
programs and interventions which will help Aboriginal peoples
who are incarcerated, to address criminogenic needs identified in
each individual’s correctional plan, and consequently improve the
process of gradual supervised release.
· significantly increase the number of Aboriginal offenders housed
at minimum security institutions;

CI’s Recommendation 6:

The number of Aboriginal offenders eligible for transfer to

I recommend that, in the next year, the Correctional Service:

minimum security is the result of a complex interaction of factors,

· implement a security classification process that ends the

not all of which are under CSC’s control. Nonetheless, CSC is

over-classification of Aboriginal offenders;
· significantly increase the number of Aboriginal offenders housed
at minimum security institutions; and
· build capacity for and increase use of section 84 and 81
agreements with Aboriginal communities.

committed to assisting Aboriginal offenders in achieving the
correctional goals that would enable them to be safely housed at
minimum security. To this end, CSC is integrating the needs of
Aboriginal offenders into each of its operational activities, such
as Programs, to maximize the resources and energy that can be
brought to bear on this objective.
· build capacity for and increase use of section 84 and 81

CSC’s Response:
CSC will continue to develop and use evidencebased tools that facilitate the overall assessment and
security classification of all offenders, including
Aboriginal offenders.
CSC is actively pursuing strategies to continue to
enhance its ability to provide effective interventions
for First Nations, Métis and Inuit Offenders. At the
same time, CSC will continue to work collaboratively
with its criminal justice partners and the community

agreements with Aboriginal communities.
Section 81
As a result of increased Elder involvement and Pathways7
implementation, CSC healing lodges8 (minimum security) were
near full capacity, as of March 31, 2006. The transition of four
CSC-operated facilities to Aboriginal communities, and the development of new proposals for section 81 agreements, is dependent
on a community’s capacity to assume responsibility. A variety of
funding mechanisms through Indian and Northern Affairs Canada
(INAC), the Department of Justice (DoJ) and the National Crime
Prevention Centre (NCPC) are in place to assist communities in
developing that capacity.
response from the correctional service

43

Section 84
In 2005-06, 226 release plans were completed for presentation to
NPB, reflecting a significant increase in community involvement.
These release plans do not constitute agreements. Parole Officers
integrate the plans into documentation for NPB’s consideration in
making a decision for a conditional release.
As noted previously in response to recommendation 5, (page 37),
ACDO positions have been staffed across the country to
create links for both men and women offenders with Aboriginal
communities, raise Aboriginal community interest in participating in
the correctional process, and initiate section 84 agreements.
Also noted elsewhere in this document, the Section 84 Conditional
Release Planning Kit has been produced and widely distributed
throughout CSC.

CSC’s Response:
CSC will continue to provide every inmate with
essential mental health care. However, CSC is currently
limited in its capacity to improve mental health care
without a significant increase in funding.
CSC agrees with the recommendation that all treatment centres should be accredited and currently four
of the five regional treatment centres are accredited.
CSC has a comprehensive Mental Health Strategy to improve mental
health service delivery. The proposed Strategy is a full-spectrum
response to the mental health needs of offenders and provides a
coherent national approach:
1. thoroughly screen all offenders, fully assess those showing signs of

Priority 4 – Mental Health

mental disorders, develop formal treatment plans as appropriate, and

Improved capacities to address mental health needs of offenders

gather information on the true nature of mental health problems

There are an increasing number of offenders with mental health
disorders, and mental health problems are up to three times more
common in correctional institutions, than among the general
population. Consequently, CSC needs to provide a full-spectrum
response to the broad and multi-dimensional mental health needs
of the offender population.
To this end, CSC has developed, and is working toward the
implementation of an overarching multi-dimensional Mental
Health Strategy. CSC has been successful in securing funding
to implement the Community Mental Health component of
the Strategy.
However, funding will be required to fully implement the remaining
components. Currently, CSC is working in collaboration with other
government departments to secure this funding as part of an interdepartmental process to strengthen mental health in Canada.
CI’s Recommendation 2:
I recommend that the Correctional Service demonstrate compliance
with its legal obligation to provide every inmate with essential
mental health care and reasonable access to non-essential mental
health care according to professionally accepted standards, and that
all mental health care units and regional treatment centres be
accredited within one year.

for federal inmates;
2. provide treatment to inmates suffering mental health problems
using dedicated primary mental health care teams in all CSC
institutions;
3. create intermediate care mental health units in selected men’s
institutions, to provide more specialized mental health care treatment
to those inmates requiring daily support in a safe and secure
environment;
4. upgrade staffing and facilities at mental health treatment centres
to bring them to the level of psychiatric hospitals with respect to
care for inmates with acute mental health problems; and
5. continue to provide comprehensive support to offenders in the
community to ensure their safe reintegration.
The community portion of the Strategy is funded and underway
while CSC seeks funding to implement the remaining portions of
the Strategy.
It is expected that the community portion of the Mental Health
Strategy will enhance reintegration for offenders with mental health
problems by increasing the options for mental health support and
intervention in the community thereby increasing reintegration
success and public safety.
With regard to regional treatment centres, Shepody Healing Centre
is the only remaining unaccredited treatment centre and is targeted
for accreditation in 2008.

44

response from the correctional service

With respect to women offenders, an eight-bed Structured Living

Priority 5 – Strengthening our

Environment (SLE) house is located at each women offender

Management Practices

institution to address the needs and risks of women who have

To improve the way we deliver on the key strategic priorities,

mental health problems and are classified at minimum and medium

and more generally, on all aspects of our mandate

security levels. The SLE has 24-hour supervision and an interdisciplinary team who receives additional training including specialized

CSC is an organization with close to 15,000 employees, across

mental health training. In its September 2005 inspection at Nova

many disciplines, and operating 365 days a year, 24 hours a day,

and Grand Valley Institution for Women, Her Majesty’s Inspectorate

across all geographic regions of the country. CSC is also one of

of Prisons for England and Wales highlighted the SLE’s as being an

the largest federal custodians of real property assets. Most of these

impressive model. For women who require intensive mental health

facilities have not had the benefit of cyclical renewals or major

care intervention, CSC has a separate unit for women at

infrastructure replacements over their life cycle. As a result, a

the Regional Psychiatric Centre (Prairies) and at l’Institut

strategy to rigorously examine CSC’s infrastructure needs, in light

Philippe Pinel de Montréal.

of the population management requirements associated with the

CI’s Recommendation 3:
I again recommend that the Service take immediate steps to sensitize
and train all front-line staff to appropriately identify disruptive
mental health behaviour and respond accordingly.

CSC’s Response:
CSC’s Mental Health Strategy reinforces its
commitment to training staff in this area, and to
assist staff to achieve and maintain the level of
competence required to carry out their duties.

changing offender profile, is being developed.
In this context, the integration of CSC’s human resources and
financial planning analysis into existing priorities and planning
processes is essential to the effective achievement of its priorities.
CSC is committed to successfully integrate transparency and
accountability across all levels of the organization, align performance monitoring systems with corporate results commitments,
and improve the development of policies and the delivery of
programs. Ultimately this will ensure more coherence in the
provision of better correctional results for Canadians.
If CSC is to be successful in achieving better results, it must continue
its efforts to improve management practices. Four strategies cur-

Training for front-line staff in the identification and response to

rently being pursued to achieve this priority include: clarifying roles

behaviour arising from mental health issues is currently in devel-

and responsibilities; enhancing the values and ethics program;

opment. Institutions will be encouraged to include the mental

improving internal communications, and addressing the longer-

health training module in their existing training plans while CSC

term infrastructure needs and facility rust-out.

seeks additional resources to allow for a formal delivery strategy
to be developed. The delivery of the training to all front-line staff

HUMAN RESOURCES MANAGEMENT:

is contingent on having adequate funding, given that the funding

CI’s Recommendation 5 (cont’d – see priority 1, page 37

required far exceeds financial capacity at this time.

and priority 2, page 40) :

As part of the Community Mental Health Initiative, the staff of
parole offices, Community Correctional Centres (CCCs) and
Community Residential Facilities (CRFs) will receive annual mental
health training, beginning in fiscal year 2006-07. In addition, staff
of the CRFs for women offenders will also receive additional mental
health training this fiscal year.
As well, all front line staff and all staff in the Structured Living

I recommend that, within one year, the Correctional Service:
· establish firm targets ensuring all front-line staff receive refresher
training in women-centered approaches in accordance with the
recommendation of the Canadian Human Rights
Commission; and
· provide women-centered training to all community parole officers
working with women offenders.

Environments in the women offender institutions are trained in
Dialectical Behaviour Therapy (DBT), which targets emotion
dysregulation and the various behavioural difficulties associated
with it.

response from the correctional service

45

CSC’s Response:

The current Canada-wide Workforce Availability Estimate, based

CSC will continue to provide its staff with high
quality, timely training to ensure the level of
competence and skills required to carry out their
duties. The provision of refresher training in
women-centered approaches has been included as
part of the National Training Standards and is
being closely monitored to ensure compliance with
the Standards.

estimated workforce self-identified as being of Aboriginal descent.

· establish firm targets ensuring all front-line staff receive refresher
training in women-centered approaches in accordance with the
recommendation of the Canadian Human Rights Commission;
CSC’s commitment to the Canadian Human Rights Commission
(CHRC) is to provide refresher training every two years. CSC has
met this commitment by developing a refresher training course and
ensuring staff complete this training every two years in accordance
with our National Training Standards.

As of March 31, 2006, data show that 970 of CSC’s 14,479 (6.7%)
employees self-identified as being of Aboriginal descent. It is also
noteworthy that CSC is second only to the department of Indian
and Northern Affairs Canada (INAC) in recruitment and representation of Aboriginal peoples in the federal public service.
CSC is committed to building on the principles of employment
equity to achieve a more diverse workforce that is not only representative of Canadian society, but also of the offender population.
Measures continue to be identified to address systemic barriers and
the continued under-representation of designated groups in various
occupational categories and levels.
An integrated human resource management strategy that addresses
recruitment, development and retention of Aboriginal employees
will be completed by end of fiscal year 2007. A critical first step
in the strategy will be the development of a business-based needs
assessment and gap analysis to establish what capacity will be

All front line staff recently received the refresher training. Once

required throughout CSC, over the longer term. This assessment

there has been an opportunity to assess the impact of the current

will inform consultations with the federal Aboriginal Human

standards and training needs, CSC will determine if there is a

Resources Development Council and with Aboriginal organizations

requirement to provide more frequent training.

to determine options to address identified needs.

· provide women-centered training to all community parole officers

PERFORMANCE MONITORING:

working with women offenders,

CI’s Recommendation 8:

A significant number of parole officers working in women’s

I recommend that the Correctional Service establish a timely

supervision units have received women-centered training. CSC

approval process by its Executive Committee for the development

will consider means of ensuring training is readily available to all

of action plans in response to investigative reports into incidents

parole officers in women’s supervision units.

of inmate deaths or major injuries. In no case should this process

For other parole officers who may be required to supervise a women
offender, only on an irregular basis, supportive measures, including
women-centred training, will be made available, as required.
CI’s Recommendation 7:
I recommend that the Correctional Service significantly improve
(above the required employment equity level) the overall rate of its
Aboriginal workforce at all levels in institutions where a majority
of offenders are of Aboriginal ancestry.

CSC’s Response:
While CSC is the second largest federal employer
of Aboriginal peoples, it will continue to strive to
further improve the level of representation of
Aboriginal employees and managers in CSC.
46

on the 2001 Census Survey, indicates that a total of 4.7% of the

response from the correctional service

exceed 6 months.

CSC’s Response:
All such incidents of inmate injury and death will
be investigated and required corrective actions will
be implemented in a timely way.
Over the last year, CSC has continued to improve the incident
investigation process. These improvements have included the overall
quality of the documents, the process for reviewing the reports and
finalizing the action plans with Executive Committee members and
the process for monitoring implementation of the approved responses.
During this coming year, CSC will be further reducing the time
from which an investigation is convened to the time at which the
Executive Committee reviews and finalizes the action plans. CSC is
targeting to complete this process within six months for all routine

investigations however, for those investigations that are more complex,
the process may extend beyond the six-month timeframe.
CI’s Recommendation 9:
I recommend that the Correctional Service collect accurate

CSC will continue to use the national level of the
Offender Grievance system to resolve issues raised in
third level grievances and to provide systemic analysis
of trends or areas of concern for CSC.

information and conduct comprehensive analyses of all inmate

The quality of grievance responses has improved over the past

injuries to significantly improve its ability to take appropriate

two years. The Knowledge Management System that was shared

action to limit inmate injuries and institutional violence and

with the regions this year has assisted staff at all levels to improve

that this information is verified semi-annually as part of on-going

consistency and clarity of responses.

internal audit.

CSC’s Response:

Regional and operational staff reviewing the more comprehensive
and clearly presented rationales for third level grievance decisions
are using the information to increase their understanding of human

CSC will continue to review all sources of data that
provide insight into incidents of violence within
its institutions and use this data to take corrective
action as necessary, and seek ways to improve the
quality of the captured and reported data related to
violent behaviour.

rights requirements in the context of their work, and in turn are

CSC is focussing on controlling and eliminating the factors that

policy holders and operational managers to fix problems as they are

contribute to violence and injuries in institutions in a variety of
ways, such as reducing the presence and influence of drugs in
institutions, and adjusting Violence Prevention Programs to make
them more accessible to those who require them. These improvements should result in better equipping offenders to self-regulate
behaviours that may lead to violent situations.
CSC recognizes weaknesses in the data recording and analysis
systems surrounding injury reporting. Measures to correct these
weaknesses are already underway, and will result in more complete
and accurate information. CSC is reviewing the process used to
capture and record all incidents of violence, and will refine and
improve this process over the coming year.
REDRESS SYSTEM:
CI’s Recommendations 10 and 11:
I recommend that the Correctional Service immediately comply with

providing improved responses to grievances at the lower levels of
the redress system and contributing to a correctional culture that is
more respectful of human rights.
The more intensive review process has lead to clearer identification
of systemic issues and inadequacies in the clarity or comprehensiveness of existing policies. Work is done on an on-going basis with
uncovered. Some systemic analysis of trends and areas of concerns
has occurred on an ad hoc basis; however, CSC recognizes that
improvement must be made in this area and has taken steps,
outlined above, to remedy the lack of consistent analysis. It should
be noted that the CI report (page 29) positively comments on
the analyses undertaken by CSC/Women Offender Sector on
complaints and grievances regarding women offenders. These
analyses are ongoing and will continue to be provided to the CI.
Through resource re-allocations, the backlog of grievances at 3rd
level, at the end of FY05-06, had been eliminated. Every effort
will be made through streamlining of processes and policy improvement to sustain these gains and ensure timeliness of responses at the
national level. Of the 19,000 complaints and grievances addressed
in 2005-2006, 79% were addressed on time. Of the 13,000
addressed at the institutional level, 87% were on-time.

its legal obligations and establish “a procedure for fairly and expedi-

INMATE ACCESS TO COMPUTERS:

tiously resolving all offenders’ grievances.”

CI’s Recommendation 21:

I recommend that within one year the Correctional Service provide

I recommend that the Correctional Service:

evidence that complaint and grievance statistics are being used to

· establish a reasonable ratio of computers to inmates in designated

identify and address areas of systemic offender concerns.

CSC’s Response:

areas outside-cells available for inmate use; and
· allow inmates to have computers for in-cell use.

CSC will continue to review and improve its current
process for responding to offender complaints and
grievances, at all levels within CSC.
response from the correctional service

47

CSC’s Response:
CSC recognizes the benefits that computer access can
bring to offender educational and work skills, and
will continue to manage, within its resource base,
the risks that computer access can pose.
CSC has worked very closely and productively with a broad range
of stakeholders and experts in Information Technology on this issue
since 2004, and has an established minimum of four computers in
each institution and a minimum ratio of one computer for every
50 inmates.
CSC is currently conducting a study to determine whether the
ratio of computers to inmates needs to be adjusted, and to establish
a Protocol for Inmate Access to CSC-owned computers. The study
will also include a Threat and Risk Assessment of in-cell use
of computers.
1. See Annex A for CSC’s Mandate.
2. The Report on Plans and Priorities is tabled each year in Parliament and guides
all business planning in CSC.
3. Since 2001, CSC’s initial placement policy requires that offenders charged with
murder spend at least two years in a maximum-security institution.
4. The Management Protocol is a framework that provides the structure, monitoring and
supervision required to ensure safety of staff, other inmates and the public by stabilizing
the inmate’s daily routine
5. See page 43, Priority 3 Aboriginal Offenders, Enhanced Capacities To Provide
Effective Intervention for First Nations, Métis and Inuit Offenders, for more detailed
information on CSC’s efforts to address this priority
6. In 1999, the Supreme Court of Canada decision R. v. Gladue acknowledged the place
in the criminal justice system of Aboriginal beliefs on justice and reconciliation and on
the interconnectedness between individuals, families and communities (be it urban,
rural or reserve).
7. Pathways: traditional environment for Aboriginal offenders who wish to follow a
healing path.
8. Healing Lodges: institutions that offer culturally appropriate services and programs in
an environment that incorporates Aboriginal peoples’ traditions and beliefs.

48

response from the correctional service

Annex A
CSC’s Mandate
The Corrections and Conditional Release Act, (CCRA) provides the legislative framework for CSC’s work. The mandate of the
Correctional Service of Canada is to contribute to the maintenance of a just, peaceful and safe society by:
· carrying out sentences imposed by courts through the safe and humane custody and supervision of offenders; and
· assisting in the rehabilitation of offenders and their reintegration into the community as law-abiding citizens through the provision
of programs in penitentiaries and in the community.
CSC is also guided by the Canadian Charter of Rights and Freedoms and numerous Acts, regulations, policies, and international conventions
in the delivery of its service. These help to ensure that CSC exercises reasonable, safe, secure and humane control of offenders, and, as well,
demonstrate fiscal responsibility in carrying out its mandate.
Consistent with the CCRA, CSC’s Mission Statement reflects Canadians’ values, including respect for the rule of law and safe, secure and
humane custody. The Mission speaks to openness and integrity in our accounts to the public, and supports CSC’s relationship with the CI,
in general, and more specifically, CSC’s transparency and accountability to the Canadian public.

response from the correctional service

49

Annex B
Listing of the Correctional Investigator’s Recommendations
and Correctional Service Canada’s Responses
Correctional Investigator’s Recommendations
Recommendation 1:
I recommend that the Correctional Service demonstrate compliance with its legal obligation to provide
every inmate with essential health care according to professionally accepted standards, and that all
institutional health care sites be accredited within one year.
Recommendation 2:
I recommend that the Correctional Service demonstrate compliance with its legal obligation to provide
every inmate with essential mental health care and reasonable access to non-essential mental health care
according to professionally accepted standards, and that all mental health care units and regional
treatment centres be accredited within one year.

CSC’s Response
36

44

Recommendation 3:
I again recommend that the Service take immediate steps to sensitize and train all front-line staff to
appropriately identify disruptive mental health behaviour and respond accordingly.

45

Recommendation 4:
I recommend that the Correctional Service immediately implement a prison-based needle exchange to
ensure that inmates and society at large are best protected from the spread of serious diseases.

39

Recommendation 5:
I recommend that, within one year, the Correctional Service:
· significantly increase all women offenders’ access to meaningful employment and
employability programming;

37

· continue to significantly increase community accommodations and support services for
women offenders in underserved areas;

37

· review the daily operations and staffing of the women’s secure units with a view to eliminating
“deadtime” and to significantly increasing timely access to treatment, spiritual, academic and
work programs;

40

· significantly increase the number of women offenders appearing before the National Parole
Board at their earliest eligibility dates.

37

· build capacity for and increase use of section 84 and section 81 agreements with
Aboriginal communities;

37

· significantly improve access to culturally sensitive programming and services for Aboriginal women
who are currently imprisoned in the Atlantic, Quebec and Ontario region;

37

· review use of force incidents at women’s facilities to ensure consistent compliance with policy;

40

· establish firm targets ensuring all front-line staff receive refresher training in women-centered
approaches in accordance with the recommendation of the Canadian Human Rights
Commission; and

46

· provide women-centered training to all community parole officers working with women offenders.

46

Recommendation 6:
I recommend that, in the next year, the Correctional Service:

50

· implement a security classification process that ends the over-classification of Aboriginal offenders;

43

· increase timely access to programs and services that will significantly reduce time spent in
medium and maximum security institutions;

40

· significantly increase the number of Aboriginal offenders housed at minimum security institutions;

43

· significantly increase the use of unescorted temporary absences and work releases;

38

· significantly increase the number of offenders appearing before the National Parole Board at their
earliest eligibility dates; and,

38

· build capacity for and increase use of section 84 and 81 agreements with Aboriginal communities.

43

response from the correctional service

Recommendation 7:
I recommend that the Correctional Service significantly improve (above the required employment equity
level) the overall rate of its Aboriginal workforce at all levels in institutions where a majority of offenders
are of Aboriginal ancestry.
Recommendation 8:
I recommend that the Correctional Service establish a timely approval process by its Executive Committee for the development of action plans in response to investigative reports into incidents of inmate deaths
or major injuries. In no case should this process exceed 6 months.
Recommendation 9:
I recommend that the Correctional Service collect accurate information and conduct comprehensive
analyses of all inmate injuries to significantly improve its ability to take appropriate action to limit
inmate injuries and institutional violence and that this information is verified semi-annually as part of
on-going internal audit.

46

46

47

Recommendation 10:
I recommend that the Correctional Service immediately comply with its legal obligations and
establish “a procedure for fairly and expeditiously resolving all offenders’ grievances.”

47

Recommendation 11:
I recommend that within one year the Correctional Service provide evidence that complaint and grievance
statistics are being used to identify and address areas of systemic offender concerns.

47

Recommendation 12:
I recommend that, in the next year, the Correctional Service:
· significantly increase the number of offenders appearing before the National Parole Board at their
earliest eligibility dates;

38

· significantly reduce waiting lists for programs included in Correctional Plans to maximize safe and
timely reintegration.

38

· increase timely access to programs and services that will significantly reduce the time spent in medium
and maximum security institutions;

40

· significantly increase the number of unescorted temporary absences and work releases, which have
drastically declined in recent years and yet have a very high success rate.

38

Recommendation 13:
I recommend that, in the coming year, the Correctional Service:
· proactively implement least restrictive options and significantly reduce the overall number of placements in administrative segregation;

40

· significantly reduce the average length of stay in administrative segregation; and,

41

· significantly reduce the time to affect intra- and inter-regional transfers.

41

Recommendation 14:
I recommend that Correctional Service immediately implement reasonable procedural safeguards for any
offender confined in any situation that is not within the general inmate population, and ensure legal compliance with offenders’ rights, entitlements, and access to programs.
Recommendation 15:
I recommend that the Minister play a leadership role by requesting the House of Commons’ Standing
Committee on Public Safety and National Security examine the implementation of independent
adjudication of administrative segregation decisions when it considers other amendments of the
Corrections and Conditional Release Act.

41

N/A (see page 36)

Recommendation 16:
I recommend that, within one year, the Correctional Service:
· develop and implement new policies, programs and services specifically to meet the unique
needs of offenders 20 and younger that will significantly reduce their time spent in maximum
and medium-security institutions, and in administrative segregation; and,

42

· develop and implement programs and services designed to meet the unique needs of offenders
20 and younger that will significantly increase their timely and safe reintegration into the
community.

42

response from the correctional service

51

Recommendation 17:
I recommend that Correctional Service respond to the special needs of elderly offenders and
significantly improve key areas including accommodation, program development, palliative
care, and reintegration options.
Recommendation 18:
I recommend that the Correctional Service immediately increase inmate allowances for work and
program participation. I further recommend that from this time forward inmate pay be indexed
to the rate of inflation.

42

42

Recommendation 19:
I recommend that the Correctional Service immediately:
· amend its policy requiring that inmates choose between either visiting a dying member of
their immediate family or other persons with whom inmates have a close personal relationship
or attending their funeral; and,

38

· expedite the consideration of requests for compassionate temporary absences, and allow for a
visit to the gravesite or with family members should circumstances make attendance at the
funeral impossible.

38

Recommendation 20:
I recommend that the Correctional Service immediately subject all federally sentenced offenders
to an individualized security classification process as required by law and regulations.

42

Recommendation 21:
I recommend that the Correctional Service:
· establish a reasonable ratio of computers to inmates in designated areas outside-cells available
for inmate use; and
· allow inmates to have computers for in-cell use.

52

response from the correctional service

48