Parliamentary Committee Notes: Victims’ Rights and Offender Classification
Issue:
Following the high profile transfer of an inmate from a maximum-security to a medium-security institution, the transfer has been the subject of criticism. Criticism continues regarding conditions of imprisonment within a medium security institution.
Proposed Response:
- The protection of society is the paramount consideration within the federal correctional system. The function of the Correctional Service of Canada is to protect society by assisting in the rehabilitation of offenders and their safe reintegration by exercising secure and humane custody.
- It is important to understand that a medium-security prison has the same perimeter security safeguards as a maximum-security facility; including high fences that are armed, controlled, and strictly guarded 24/7.
- The Government will remain focused on keeping communities in Canada safe and, equally, ensuring that those who are victimized by criminal acts are treated with dignity and respect. Victims deserve this.
- Canadians expect their Government to respond effectively and compassionately to victims. My priority is to ensure victims’ needs are met and to have a trauma informed approach to our policies.
- This is why a Ministerial Direction was issued to Correctional Service Canada to ensure that a trauma-informed and victim-sensitive approach is used for transfers and security classification decisions.
- I ask everyone to focus on supporting victims and support initiatives to provide victims with the information they need.
Background:
Purpose of the Federal Correctional System
The purpose of the federal correctional system is to contribute to the maintenance of a just, peaceful and safe society by carrying out a sentence imposed by the court safely and humanely, and by assisting in the rehabilitation of offenders and their safe community reintegration. The Corrections and Conditional Release Act (CCRA) stipulates that the “protection of society” is the “paramount consideration” in processes and decisions.
Security Classification Process and Considerations
The decision to classify inmates at a particular level occurs following a thorough assessment of the offender’s case-specific factors, and is the product of a number of criteria and considerations pursuant to both the CCRA and the Corrections and Conditional Release Regulations (CCRR). In particular, s. 28 of the CCRA currently states that, “if a person is or is to be confined in a penitentiary, the Service shall take all reasonable steps to ensure that the penitentiary in which they are confined is one that provides them with the least restrictive environment for that person”. With respect to maximum-security offenders specifically, s. 18 of the CCRR states that “an inmate shall be classified as maximum security where the inmate is assessed by the Service as (i) presenting a high probability of escape and a high risk to the safety of the public in the event of escape, or (ii) requiring a high degree of supervision and control within the penitentiary.”
The assessment of an inmate’s particular risk is the product of a number of objective factors, including the “seriousness of the offence” and criminal history. When an inmate’s security classification is reviewed, the categories of institutional adjustment, escape risk, and public safety risk are assessed. In the category of public safety risk in particular, the nature and circumstances of an inmate’s offence and status as a dangerous offender are factors in an assessment, as is an inmate’s motivation, progress in following their correctional plan and addressing the underlying factors of their offending.
A medium-security institution has the same security safeguards as a maximum-security prison, but allows for more freedom of movement, interaction and privileges to encourage inmates to be more responsible for day-to-day life.
Re-assessment of Classification
After initial placement, CSC regularly re-assesses all inmates' security classification to ensure that they continue to be placed at the appropriate security level. The transfer of an offender to a lower security level depends on their progress against the objectives of their correctional plan and upon the assessment of the risk for public safety, escape risk and institutional adjustment. An inmate can be placed, or returned to, a higher security level if deemed necessary to ensure the safety of the public or federal institutions.
An inmate’s ability to continually exhibit lower risk, good behaviour, and engagement in their correctional plan can potentially allow them to be reclassified to lower levels of security where gains can be further validated in a less structured environment, and to successfully complete temporary absences, which further provides critical information when assessing risk and making decisions. In turn, this process can advance the objectives of effective rehabilitation and safe reintegration.
Victim’s Rights and Ministerial Direction:
The Canadian Victims Bill of Rights provides that victims have the right to information about an offender or accused person. Specifically, victims have a right to convey their views about decisions to be made by appropriate authorities in the criminal justice system that affect the victim’s rights and to have those views considered, such as through victim impact statements.
On June 15, 2023 the former Minister of Public Safety committed to improving how CSC engages victims in the offender transfer process, particularly in regards to high-profile inmates. Specifically, that CSC must ensure victim’s rights guide the decision-making process.
On July 20, 2023, the Ministerial Direction was issued to CSC with the intent to ensure victims’ rights are considered from the beginning of the transfer process. The Direction also seeks to improve notification to victims surrounding security classification and transfers of offenders, and establishes a formal process to notify the Minister of Public Safety.
In accordance with the recommendations made by the Office of the Federal Ombudsman for Victims of Crime in 2019, CSC was directed to:
- Gather and consider victim information at the outset of the decision-making process or as soon as a voluntary transfer request is being considered for support by CSC.
- Use their Victim Notification flag system when they begin considering a transfer application that may be supported by CSC to allow victim services officers to proactively collect input from victims in advance of the Assessment for Decision.
- Make changes to policy to require all CSC staff to always consider whether any victims live near the institution to which the transfer is being considered, and wherever possible, transfer the offender to another institution.
The Ministerial Direction also requires that the Minister of Public Safety receive formal and direct notification prior to transferring a high-profile offender to any reduced security level.
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