Public Safety Canada’s Response to Recommendations made in the Office of the Correctional Investigator’s 2022-23 Annual Report

The Office of the Correctional Investigator’s (OCI) 2022-23 Annual Report (AR) includes 22 recommendations, of which 11 are addressed to the Minister of Public Safety. The remaining 11 recommendations are directed towards the Correctional Service of Canada (CSC).

Key areas of the Correctional Investigator’s (CI) recommendations include: Offender payments, dry cell detention, patient advocacy, convening of independent investigations into incidents and interventions resulting in death behind bars, and Indigenous corrections.

Opening Message from the Minister

It is my honour to table in the House the Office of the Correctional Investigator’s Annual Report for 2022-2023. This year’s report touches on a number of important issues including the overrepresentation of Indigenous offenders.

Our government is committed to advancing reconciliation and renewing relationships with Indigenous peoples. Indigenous offenders remain grossly overrepresented within
Canada’s corrections system, a legacy of decades of systemic racism that still affects our institutions today. It is clear more progress must be made, and the OCI’s findings will help guide that path forward.

On another topic raised in this report, work is also ongoing to develop stronger regulations for the use of dry cells. This is directly in response to past recommendations by the OCI.

The OCI notes in this report that he has repeated a number of recommendations in past reports, and so has brought them to the Minister’s direct attention. To that end, I will be communicating the Commissioner of Correctional Services my expectation that she meet with the Correctional Investigator within six months to discuss these specific recommendations further, and to provide his office with another progress update by the end of 2024.

In my new role as Minister for Public Safety, I look forward to working with the Correctional Investigator and his team to ensure Canada’s corrections system protects public safety,  supports the rehabilitation of offenders, and addresses systemic inequities to create a fairer institution for everyone in Canada.

The Hon. Dominic LeBlanc
Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs

Response to Recommendations

1. I recommend that the Minister of Public Safety initiate an immediate and comprehensive review of the Offender Program Assignments and Inmate Payments system in federal corrections. This review should ensure enhanced pay levels are indexed to inflation to reflect current and expected cost of living increases. At a minimum, I recommend a proposed increase to $3.75 per hour, which reflects the hourly equivalent of the current top daily pay rate of $6.90 (or $1.15 per hour, based on a six hour workday) indexed to inflation going back to 1981. Proposed changes arising from this review should be consulted with the incarcerated population and community organizations serving those behind bars and on parole.
   
   Public Safety Canada (PS) recognizes the need to adjust inmate payments, which is being accomplished through waiving deductions on income rather than increasing pay levels.
   
   Recent Government Actions: As a strategy to address institutional restrictions during the pandemic and beyond, the CSC waived deductions for food, accommodation, and the administration of the telephone system and a decision has been made to continue this waiver indefinitely. Eliminating the 30% deduction amounts to an average annual increase in funds of approximately $425 per inmate.
   
   CSC estimates that the minimum recommended rate adjustment could have a financial impact ranging from $30-35M per annum.
   
   Next Steps and Timelines: CSC will initiate a review of the recommendation and will work with the necessary federal government partners to determine the feasibility of the proposed adjustment recognizing that there currently exists no funding for such an increase.

3. I recommend that the Minister of Public Safety ensure that the new regulations require CSC to report publicly on the frequency, duration and outcomes (whether or if contraband is seized) of all dry cell placements starting in 2023-24, and going forward.
   
   PS recognizes the need to collect data on the use of dry cells. It is still to be determined how this data will be used and reported.
   
   Recent Government Actions: As referenced, PS and CSC are presently engaged in the regulatory process regarding the use of dry cells and body scan technology in federal institutions. As part of these proposed regulations, CSC will be required to collect and manage data regarding the use of dry cells, expand data availability, and ensure the new framework can be monitored, evaluated and improved as needed.
   
   To that effect, CSC has implemented a new and improved process to ensure consistent, accurate, and timely tracking of data pertaining to dry cell placements in CSC institutions. It is critical for CSC to manage information related to specific search and seizure practices, contraband, and associated seizure rates extremely carefully to ensure a safe and secure correctional environment. Releasing this information publicly can create vulnerabilities from a security standpoint. With the new tracking process in place, CSC will be better positioned to respond to specific requests regarding its use of dry cells as a strategy for preventing the introduction of contraband and fostering a safe and secure environment in our institutions.
   
   On May 6, 2023, this regulatory proposal was published in the Canada Gazette, Part I, followed by a 30 day consultation period during which comments and suggestions were received regarding the proposal. As published on July 6, 2023, the comments included those from the OCI regarding data reporting.
   
   Next Steps and Timelines: PS and CSC are considering all input received during the pre-publication period in developing the final regulations, and will consider further relevant changes in preparing the final copy to be proposed for approval by the Governor in Council. Following the regulatory process, CSC will continue to implement the new process for collecting data on dry cells and will determine how the data collected will be used and reported. Final regulations are anticipated in early Spring 2024.

4. I recommend that the Minister of Public Safety ensure that the new regulations require the decision to extend a dry cell placement beyond 72 hours to rest with the Regional Deputy Commissioner (RDC). The regulations should state that “under exceptional circumstances” where specific requirements are met, the RDC may extend dry cell placements by each 24-hour period, up to a maximum of 48 hours. Dry cell duration should never exceed five consecutive days.
   
   Currently, as per the Corrections and Conditional Release Act (CCRA), the authority to place an offender in a dry cellrests solely with the Institutional Head (s. 51 of the CCRA).The review of regulatory amendments is underway regarding the authorities required for extending dry cell placement beyond 72 hours. The recommendation to have this responsibility rest with the RDC will be considered.
   
   Recent Government Actions: In November 2021, the Nova Scotia Supreme Court found that former paragraph 51(b) of the CCRA violated s. 15 of the Charter (discrimination on the grounds of sex) because it produces adverse differential treatment of inmates with vaginas. The provision authorized the detention of an inmate in dry cell when the institutional head believed on reasonable grounds that the inmate was carrying contraband in a body cavity, defined to include the rectum and the vagina. In response, through the Budget Implementation Act, 2022, No. 1 (BIA), PS amended the CCRA to eliminate the use of dry cells when an inmate is believed to be carrying contraband in their vagina.
   
   The Senate Commiee on National Security and Defence (SECD) studied the BIA and raised a number of concerns about dry cells, including the duration of time spent in a dry cell; the grounds justifying dry cell detention; the adequacy of health care services (in particular, mental health services) for those placed in a dry cell; and the need for body scan technology. SECD also raised questions regarding CSC’s compliance with internal policy, as well as the adequacy of dry cell-related data being recorded and/or monitored by CSC.
   These discussions and recommendations led to a commitment letter sent by the former Minister of Public Safety to the SECD on June 10, 2022, which acknowledged the need for more work to be done to address the use of dry cells and noted that regulatory development on body scan searches was already underway. The letter also indicated that a Ministerial Direction would be forthcoming as an interim measure while regulations remained under development. The former Minister fulfilled this commitment by issuing a Ministerial Direction to CSC Commissioner Anne Kelly on August 29, 2022 regarding the use of dry cells, aiming to strengthen reporting requirements, oversight, and health care considerations in the use of dry cells.
   
   Since the former Minister’s commitment following Budget 2022, Public Safety Canada (PS) and CSC have jointly developed a regulatory proposal package for both the implementation of body scan technology, and the introduction of a dry cell framework. On May 6, 2023, the proposal, including proposed regulatory text was published in CG1 for public consultation. As part of these proposed regulations, CSC will be required to adhere to an expanded reporting structure. As proposed, the Institutional Head would report to both their regional and national headquarters when dry cell detention surpasses 72 hours, providing specific situational details regarding the placement and extension decision.
   
   On July 6, 2023, all comments received during this time were published.
   
   Next Steps and Timelines: PS and CSC have reviewed all input received during the public consultation period in developing the regulations, and will consider further relevant changes in preparing the final regulations to be proposed for approval by the Governor in Council. Final regulations are anticipated as soon as early Spring 2024.

6. I recommend that the Minister of Public Safety ensure that CSC take immediate action to develop and implement an external and independent patient advocacy model to provide access to health care advocacy services to all federally incarcerated individuals.
   
   PS recognizes the fundamental value and role of patient advocacy in the provision of health services.
   
   Recent Government Actions: The CCRA legislates CSC to provide access to patient advocacy services to support federal incarcerated individuals in relation to their health care. The CCRA further reflects CSC’s commitment to support registered health care professionals in their promotion of patient-centered care and patient advocacy, in accordance with their scope of practice and professional standards. CSC policy reinforces patient advocacy as a core responsibility for all health care professionals, including those providing services under contract. Consistent with the requirements of their professional health regulatory colleges, staff will use their expertise and influence to advocate on behalf of patients for provision of care that advances their health and wellbeing.
   
   In support of these commitments, CSC has taken action to develop a dedicated patient advocacy service that is distinct from direct clinical care and the broader realm of advocacy provided by health care professionals. A review of patient advocacy principles and models in place in Canada and internationally has been completed. Internationally, and in select Canadian provinces, there are examples of independent advocacy services and rights advice, which primarily target patients subject to certain aspects of mental health legislation.
   
   CSC additionally continues to encourage and support the advocacy work of external independent bodies. This includes facilitating access to provincially appointed patient advocates for individuals certified under provincial mental health legislation as well as inmate advocates from non-government agencies, such as the John Howard Society, the Native Women's Association of Canada and Canadian Association of Elizabeth Fry Societies. CSC also supports the involvement of family or other representatives serving as a support or substitute decision maker for an individual. As well, every institution has an elected Inmate Committee that can play a role in decisions affecting the patient population, including reviewing draft policy and providing comments for consideration.
   
   Next Steps and Timelines: CSC continues to develop and refine the patient advocacy model for federal corrections. Ongoing discussions are occurring at all levels in the organization to support the delivery of quality and patient-centred care, with an anticipated implementation date of March 2025.

9. I recommend that the Minister of Public Safety direct CSC to significantly increase the use of temporary absences and work releases for women in minimum security, to ensure they can regularly access the community to provide more options and enhance their opportunities for successful reintegration.
   
   PS recognizes the need to increase the use of temporary absences (TA) and work releases (WR) for women in minimum security.
   
   Recent Government Actions: CSC remains committed to the use of TA and WR programs for women offenders, as they play a role in contributing to successful reintegration into the community. During the global pandemic, CSC’s ability to provide the women access to temporary absences and work releases were significantly impacted by public health restrictions. Participation rates are steadily increasing, although they have not yet reached pre-pandemic levels.
   
   In 2022-2023, a Primary Worker Work Release position was filled at both Grand Valley Institution and Edmonton Institution for Women. These additional resources increase the sites’ capacity to more effectively provide WR opportunities to women classified as minimum security. By encouraging and developing partnerships with community-based organizations that can assist with making employment available to offenders, women classified as minimum security have enhanced opportunities to access the community.
   
   Next Steps and Timelines: Following the added positions at women offender institutions, CSC will continue to support the institutions through regular meetings and assess the progress in support of an increase of WR and TA for minimum security women. Quarterly reviews will be conducted to share best practices, identify barriers and potential solutions, and report on results to inform needs at all women’s institutions. The anticipated timeline is Spring 2024.
   
   In collaboration with the National Associations Active in Criminal Justice (NAACJ), CSC will continue to engage and participate in the WR / ETA and Unescorted Temporary Absences Sub-Working Group. In addition, through this partnership, CSC will develop informal and promotional material for CSC staff, potential WR employers and offenders in custody, including women offenders. The anticipated timeline is Spring 2024.

10. I recommend that the Minister of Public Safety convenes independent investigations under the Inquiries Act into prison riots resulting in death, suicides in Structured Intervention Units, use of force interventions involving death and murder committed by a federal parolee in the community.
    
    Public safety is at the forefront of every decision made by CSC and the Parole Board of Canada. In the rare circumstances where a federal parolee commits a violent offence in the community, timely and thorough reviews are essential for identifying any potential gaps so that such an incident is not repeated.
    
    CSC also has a clear duty of care to their offenders. We expect that every death in custody be treated with the utmost seriousness, including a rigorous investigation.
    
    Boards of Investigation (BOI) are conducted independently by investigators who have demonstrated the capacity to conduct their work fairly and without bias. BOI reports are submitted for consideration to the Incident Investigations Branch (IIB) and the CSC management. These reports are unfettered. As indicated in the 5th Independent Review Committee on Non-Natural Deaths in Custody, there is no evidence to support the notion that there is a systemic bias in the way that CSC currently conducts incident investigations.
    
    We believe that CSC is well positioned with the appropriate expertise, knowledge of CSC operations, laws and policies, and ability to respond quickly in high profile investigations. This may not be the case with investigations convened under the Inquiries Act. In addition, there are oversight mechanisms in place to ensure impartiality and independence in CSC investigations, including sharing copies of BOI reports with the OCI, and in-depth reviews of non-natural deaths in custody by Independent Review Committees every two years.
    
    CSC is prepared to use a hybrid model for specific investigations that respond to criteria set out in the OCI’s recommendation. Specifically, CSC agrees to enhance its BOI process to ensure that those specific investigations include: (1) an Independent Observer (IO), (2) a non-CSC community board member that would function as the Chairperson, and (3) CSC Board members. This hybrid model is in line with recommendations from the most recent Independent Review Committee on Non-natural Deaths in Custody, and will provide greater independent oversight.
    
    Of particular note, CSC has investigated – jointly with the Parole Board of Canada – five cases (one investigation currently in the final review stages) involving a murder committed by a federal parolee in the community in the past 10 years. In all cases, a community board member was part of the BOI.
    
    Recent Government Actions: As mentioned, the fifth IRC proposed two recommendations to enhance the independence of the BOI process, which CSC has implemented, that included the appointment of an IO in high profile IIB investigations and the appointment of Community Board Members as chairs in high profile BOI, where reasonable and practical to do so.
    
    Further, data from the 2021 Corrections and Conditional Release Statistical Overview demonstrates a high successful completion rate for federal day parole and full parole, at 91% and 88%, respectively, between 2016-17 and 2020-21. A parole is considered successful if it was completed without a return to prison for a breach of conditions or for a new offence. Should an offender breach their release conditions, or should it be deemed necessary for the protection of society, an offender’s parole can by suspended and they may ultimately be returned to a federal institution.
    
    Given the high successful completion rates for both day parole and full parole and an existing process in instances where release conditions are breached, a separate process for independent investigations into murders committed by a federal parolee in the community is not being considered.

11. I recommend that the Minister of Public Safety direct CSC to fund an external, Indigenous-led national engagement initiative to create capacity, interest, and innovation among Indigenous communities and organizations (urban and rural) to enter into Section 81 and 84 agreements for the care, custody, and supervision of Indigenous Peoples under federal sentence.
    
    CSC strongly agrees that engagement with Indigenous communities is important; however, existing Government initiatives are already in place to support engagement and the use of Section 81 and 84 agreements.
    
    Recent Government Actions: Through the Indigenous Community Corrections Initiative (ICCI), PS works with communities and organizations to provide alternatives to incarceration and to rehabilitate Indigenous offenders through project development and implementation, training and capacity building, communications and knowledge sharing. The ICCI aims to address the overrepresentation of Indigenous Peoples in Canada's criminal justice system by preventing and reducing recidivism.
    
    On March 21, 2023, a national Call for Applications was launched, which ended on June 12, 2023. With this Call, ICCI will support grassroots efforts that expand alternatives to incarceration and support reintegration projects responsive to the unique circumstances of Indigenous Peoples in Canada by providing culturally relevant services that may include counselling, treatment, life skills coaching, family reunification, and addressing the effects of residential schools and involvement with child welfare systems. A total of $5.21 million is available in 2023/2024 and $12.7M ongoing thereafter to support community-based projects that reintegrate Indigenous offenders or provide alternative measures to incarceration. 
    
    In addition, in 2022-23, CSC identified and analyzed barriers articulated in the creation of healing lodges and is in the final stages of developing Section 81 Strategic Action Plan to Enhance and Expand its Use and Accelerate the Timely Release of Indigenous Federally Incarcerated Individuals.
    
    Next Steps and Timelines: PS aims to start funding new projects by early 2024 and to share with CSC the list of the successful ICCI recipients. When relevant and appropriate, CSC is invited to communicate and engage with successful recipients and leverage existing efforts and resources to help enter into Section 81 and 84 agreements.
    
    The Section 81 Strategic Action Plan is in the final stages of development and will be submitted for approval in the Fall 2023.
    
    CSC will foster community awareness of Section 81 Healing Lodges through education and promotion (as part of CSC’s Action Plan). Considerations of funding an external Indigenous-led engagement initiative will be given if the need is expressed following consultation with Indigenous communities and organizations.
    
    Additionally, CSC is currently in the process of streamlining the Section 84 “Path Home” process, which involves updating the Section 84 Guidelines to ensure that as an organization we are working together to increase the number of Section 84 releases.
    
    CSC has leveraged funds to contract out Section 84 release planning services to Indigenous individuals and groups in remote and northern areas of the country that may currently be under-serviced by Indigenous Community Development Officers (ICDOs), reintegration support services funding could be a consideration for small dollar contracts with specific Indigenous communities/organizations.
    
    For FY 2023/2024 CSC will be providing 15 Indigenous communities/organizations with funding totaling almost $1.2 M to reach out to Indigenous communities and stakeholders to discover what issues or impediments may be preventing them from engaging in a Section 84 release plan, including the unique challenges of Inuit communities.
    
    CSC will renew current presentation materials and literature for ICDOs and contracted Section 84 services to use in meetings with Indigenous communities / leadership who are approached to consider a Section 84 release plan/agreement. The anticipated timeline is Fall 2024.

12. I recommend that the Minister of Public Safety direct CSC to develop and publicly report on clear actions, timelines, measurable targets and deliverables to:
    • More effectively engage Indigenous communities and organizations to establish more Section 81 agreements, particularly in areas where there are noted gaps (e.g., Ontario and Atlantic region, for Indigenous women, and individuals from northern locations; urban settings);
    • Establish Section 81 agreements in urban and rural areas; and,
    • Transfer control and ownership of existing CSC-run Healing Lodges to the local community, or an Indigenous group or organization, under Section 81 of the CCRA within three years.
    
    PS recognizes the need to increase the use of Section 81 agreements, and is centered on this key objective. This is an ongoing topic of discussion with Indigenous communities given that the decision for transfer can only be completed at their request.
    
    Recent Government Actions: As part of CSC’s approach to increasing the number of section 81 agreements across the country, CSC is in the final stages of developing a strategic action plan to expand the use of Section 81 of the CCRA, which will ensure coordination across sectors, regions, and the criminal justice system. The plan's priorities include enhancing the use of existing Section 81 agreements, expanding the use of Section 81 through new agreements, particularly in under-served areas, and enhancing engagement with Indigenous partners and the whole of government. The Action Plan will address barriers to utilization, increase capacity, improve program design and delivery, and foster meaningful relationships with Indigenous communities and organizations.
    
    The plan also emphasizes the commitment of CSC and the Canadian federal government to Indigenous reconciliation, based on a nation-to-nation, government-to-government, and Inuit-Crown relationship. It recognizes the importance of advancing reconciliation through the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDRIP) and meaningful consultation and partnership with Indigenous Peoples. To support the expansion of Section 81 agreements, a strategic, coordinated intersectoral approach and effective engagement with Indigenous partners, whole-of-government tables, provinces, and territories will be taken.
    
    Next Steps and Timelines: The Deputy Commissioner for Indigenous Corrections (DCIC) will seek approval for the proposed Action Plan this Fall 2023.
    
    Discussions with Indigenous communities and organizations interested in pursuing Section 81 agreements are ongoing. Exploring new approaches to expand alternative service delivery models of Section 81 agreements, which in turn may require the need for legislative amendments, will continue to be our priority.
    
    Discussions regarding potential transfers of control of CSC operated Healing Lodges run in collaboration with the local communities are ongoing and at the request of those communities.

13. I recommend that the Minister of Public Safety direct CSC to work with the Section 81 Healing Lodges to identify the main causes of vacancy rates and identify actions that will be taken to increase and maintain higher occupancy rates, with specific attention to:
    1. Developing new and rigorously validated security classification tools, from the ground up, for Indigenous peoples that reduces their over-representation in medium and maximum security, consistent with the Supreme Court of Canada decision in R. v. Ewert, 2018;
    2. Reviewing and modifying the policies and practices for Security Threat Group (gangs) flags with a view to facilitating the removal of these flags, where appropriate;
    3. Developing and implementing a gang-disaffiliation and exit strategy that is run by Indigenous community-based individuals and/or organizations;
    4. Increasing the availability of trauma-informed care at women’s and men’s facilities and the ability for incarcerated Indigenous persons to receive proper mental health diagnoses and treatment; and,
    5. Increasing the number of Indigenous persons who cascade to lower security levels (e.g., accepting medium security populations) and expediting transfers to Healing Lodges, particularly Section 81s.
       
       
    PS recognizes the need to address occupancy rates for Section 81 Healing Lodges and identify how occupancy rates can be increased.

    Subsection a:

    Recent Government Actions: CSC is working in collaboration with the Section 81 agreement holders to ensure they reach and maintain full occupancy as soon as possible.

    In October 2019, CSC entered into a Memorandum of Understanding (MOU) with the University of Regina to develop an Indigenous-informed risk assessment tool and case management process for security classification.

    The research team from the University of Regina has completed an Indigenous Risk Assessment Literature Review, A Legal Review of the Report on Risk Assessment Tools for Use with Indigenous Offenders, an Indigenous Community Engagement Strategy, a Community Engagement Implementation Report, and an Indigenous Consultation Plan.

    Next Steps and Timelines: Another Service Exchange Agreement (SEA) is anticipated to be in place by the end of summer 2023 with work being completed by fiscal year-end. The focus of this SEA would be on the following:

    • Synthesis of work to date and lessons learned that takes stock of work to date on the MOU, previous consultation strategies and reports, key findings and lessons learned.
    • Preliminary consultations with Elders to garner perspectives on examining the possible role of Elders in Indigenous Risk Assessment. This would consist of preliminary information-gathering/consultations to assess whether research should be done on this. Observations are to be outlined in a report.
    • Consultation/discussion series on the topic of incorporating an Indigenous perspective into the research. This will include working with CSC’s DCIC and other stakeholders to explore different means of incorporating Indigenous perspectives into this project, including work with the National Indigenous Advisory Committee.

    Subsection b:

    Recent Government Actions: CSC is currently monitoring affiliations with several hundred distinct Security Threat Groups (STG) within our institutions. Recent estimates in Canada suggest over 2000 organized crime groups exist in Canada and that the majority are involved in violent activities^Footnote1. While historically STG affiliation was fairly static (offenders were generally either in or out of the gang), affiliations are more dynamic now with offenders having multiple affiliations and/or moving between groups. The relationships between STGs is also becoming more complex with alliances and rivalries shifting rapidly and a high level of violence within the STG landscape. This changing landscape and potential for violence highlights the importance of knowing if someone has ties to an STG. In essence, CSC’s STG affiliation process is about contributing to the safety and security of institutions and individuals.

    CSC has effective polices and practices in place in regard to the inactivation of existing STG affiliation records. More specifically, Security Intelligence Officers complete a new Assessment of Affiliation with a Security Threat Group whenever they receive new significant information (including a request from an offender) that would warrant a change in affiliation status. A significant number of the affiliations identified in the Offender Management System (OMS) are inactive, suggesting that the practices of inactivation are being applied. A research examination of 3,889 STG affiliated male offenders showed that 39% were inactive^Footnote2. A research examination of 93 STG affiliated women offenders showed that 41% were inactive^Footnote3. More recent reviews suggest that the rate of inactivation has increased since that time.

    Finally, in 2022, Security Intelligence Officers were provided with a tool to assist in ensuring that affiliation status is properly reflected in OMS. In addition, the Preventive Security and Intelligence Branch is currently involved in an exercise to ensure that affiliation data in OMS is accurate and up to date. This will eventually involve a review of affiliations which have been inactive for a significant period of time.

    Next Steps and Timelines: By Summer 2024, CSC will provide training on the assessment of affiliation process, including ‘inactivations’, to Security intelligence Officers as part of their Continuous Development training.

    Subsection c:

    Recent Government Actions: Over the past few years, CSC has undertaken multiple research projects on STG. The research results support the existing literature that has consistently found that gang membership is associated with institutional misconducts and predictive of violent and drug related incidents specifically. Ensuring the safe management of these offenders is complex and has to be a consideration at the forefront when considering disengagement efforts within a correctional environment.

    CSC is developing a STG strategy that will be evidence based, consider local approaches, and be responsive to the needs of the diverse offender population. Work already completed to support the development of this strategy includes research projects on STGs, an internal national inventory of STG-related activities and initiatives, an external environmental scan, and working with a contracted subject matter expert related to STG disengagement.

    As part of CSC’s National STG Strategy, CSC will continue to explore and expand partnerships with community-based programs/organizations that work with STGs to offer programs/interventions specifically designed to assist offenders with disengagement efforts for those who want to leave STGs. For example, CSC has already established and funded a partnership with STR8UP, who works with federal offenders on gang disengagement.

    Next Steps and Timelines: Over the coming year, substantive internal and external consultations, including with Indigenous community-based individuals and/or organizations will further support the strategy, including an implementation plan. The anticipated timeline is Spring 2024.

    Subsection d:

    Recent Government Actions: In terms of trauma informed-care and proper mental health diagnosis and treatment for Indigenous Peoples, CSC has been exploring opportunities to partner with Indigenous organizations to provide Indigenous-led mental health resources and supports that are culturally safe and trauma-informed, to Indigenous men and women in custody, including Healing Lodges. CSC is currently working with an Indigenous organization on potential options to address this objective.

    CSC recognizes the relationship between Healing Lodges’ abilities to support individuals with complex mental and physical health needs and their vacancy rates. Consequently, CSC is actively collaborating with Healing Lodges to ensure ongoing dialogue on emerging health needs and priorities. CSC is committed to supporting Section 81 Healing Lodges towards full realization of self-determination in alignment with the fundamental goals of Truth and Reconciliation. To this end, CSC is working with Section 81 Healing Lodge leaders in identifying needs and health service requirements at these locations, with the financial support of CSC.

    As an interim measure and to further this work, CSC established a Community of Practice (CoP) with Section 81 Healing Lodges. The CoP is Chaired by the Director of Indigenous Health and is comprised of Regional Health Service staff and leadership from each of the Section 81 Lodges. In response to issues identified through these discussions, CSC is continuing to work with Healing Lodges to offer Opioid Agonist Treatment (OAT), to ensure that access to OAT is not a barrier for Indigenous peoples with substance use needs, wanting to transfer from a mainstream CSC institution to a Healing Lodge. CSC also recognizes the important role that Healing Lodges can play in addressing substance use disorders in a culturally safe and trauma-informed environment.

    Further, Edmonton Institution for Women (EIFW) and the Section 81, Buffalo Sage Wellness House (BSWH) are currently facilitating a demonstration project to address the mental health needs of Indigenous women at BSWH. To enhance continuity of care, mental health services from Edmonton Institution for Women have dedicated on-site hours at BSWH to provide individual counseling, group programs and mental health assessments. This program has supported continuity of care between the two sites and has allowed for Indigenous women with higher mental health needs to transition to a Healing Lodge, where they can receive greater access to culturally safe and trauma-informed programming while receiving mental health treatment.

    Next Steps and Timelines: CSC has been exploring opportunities to partner with Indigenous organizations to provide Indigenous-led mental health resources and supports that are culturally safe and trauma-informed, to Indigenous men and women in custody, including Healing Lodges. CSC is currently working with an Indigenous organization on potential options to address this objective. The anticipated timeline is Spring 2024.

    Subsection e:

    Recent Government Actions: CSC is committed to maximizing Healing Lodge bed utilization and ensuring Indigenous offenders have access to the Healing Lodge environment as early as possible in their sentence. Over the last decade, occupancy rates at Healing Lodges have been declining and community run Healing Lodges are experiencing higher occupancy rates compared to those operated by the CSC. CSC has been working hard to address this trend, and Fiscal Year (FY) 2022-23 saw an increase in transfers to Healing Lodges, from 185 in FY 2021-22 to 242 in 2022-23.

    The CCRA, and Section 81 of the Act, does not restrict medium security offenders from transferring to Healing Lodges. Thus, communication will be sent to case management staff to clarify that both medium and minimum-security Indigenous offenders can be considered for a transfer if the community is supportive, and the level of risk posed to the public is assessed as being manageable within this environment.

    Next Steps and Timelines: CSC will continue to monitor occupancy rates, particularly of those operated by community partners, to strive for maximum capacity as much as possible. Moreover, CSC will review current processes and policies regarding placements and transfers to Section 81 facilities, removing barriers where they exist, identify areas of opportunity, and implement a streamlined approach which focuses on transfers to healing lodges as early as possible in an offender’s sentence. Increasing the number of cases for transfer presented to Section 81 partners should simultaneously increase the number of approved transfers.

14. I recommend that the Minister of Public Safety direct CSC to co-develop, with communities and organizations, a new funding model for Section 81 agreements and significantly increase funding to Section 81 Healing Lodges to better support their specific needs and to address the existing disparities with state-run lodges, in order to achieve resourcing parity.
    
    PS recognizes the need to increase the funding available to Section 81 Healing Lodges within the existing funding model. It should be noted that as of writing, PS does not have the financial authority to develop a new funding model.

Recent Government Actions: As part of CSC’s approach to increasing the number of section 81 agreements across the country, CSC is developing a strategic action plan to expand the use of Section 81 of the CCRA, which will ensure coordination across sectors, regions, and the criminal justice system. The plan's priorities include enhancing the use of existing Section 81 agreements, expanding the use of Section 81 through new agreements, particularly in under-served areas, and enhancing engagement with Indigenous partners and the whole of government. The Action Plan will address barriers to utilization, increase capacity, improve program design and delivery, and foster meaningful relationships with Indigenous communities and organizations. One of the key priorities for this plan is to enhance our current relationship with Section 81 agreement holders.

CSC’s current funding model provides financial stability to Section 81 partners in that it is based on a fixed/ variable cost formula. This approach allows Section 81 partners to remain viable when occupancy rates are less than optimal. These rates are negotiated and agreed to with the Section 81 partners.

Concerns flagged by many Indigenous communities with respect to transferring CSC-run Healing Lodges to Section 81 facilities (recommendation 12c) are often related to disparities concerning levels of staff compensation and benefits as employees within the Federal Public Service (including as members of unions) and those afforded to private sector, in many cases, non-profit employees.

Next Steps and Timelines: A Review of the current financial framework of existing agreements will begin in Spring 2024.

CSC will explore new approaches to expand alternative service delivery models of Section 81 agreements through Indigenous outreach and horizontal engagement in whole of government which, in turn, may trigger the need for legislative amendments.

Discussions regarding potential transfers of control of CSC operated Healing Lodges run in collaboration with the local communities established to better support Indigenous population, are ongoing and at the request of those communities.

22. I recommend that the Minister of Public Safety work jointly with the Ministers of Crown-Indigenous Relations and Northern Affairs Canada and Indigenous Services Canada, as well as the Minister of Justice and Attorney General of Canada, to develop and implement a national Indigenous decarceration strategy
    
    PS recognizes the need for interdepartmental action with respect to Indigenous Peoples and the criminal justice system. So long as Indigenous Peoples remain so significantly overrepresented within corrections facilities, all of government must continue to take action to address this issue.
    
    Further in the most recent mandate letter for the Minister of Public Safety, the Minister is directed to combat systemic racism and discrimination across the criminal justice system including the overrepresentation of Black and racialized Canadians and Indigenous Peoples alongside the Minister of Justice and Attorney General. This critical work is ongoing.
    
    Current government actions and strategies that are in place are holistically addressing the overrepresentation of Indigenous peoples in the criminal justice system, rather than being focused on specific issues such as decarceration.
    
    Recent Government Actions: The Government of Canada has been developing, in consultation and cooperation with Indigenous partners, provinces and territories, an Indigenous Justice Strategy (IJS) to address systemic discrimination and the overrepresentation of Indigenous peoples in the justice system. This whole-of-government initiative has been underway since 2022 and seeks to identify the measures needed to support the revitalization of Indigenous justice systems, while also creating needed change within the existing justice system.
    
    In the spirit of reconciliation and out of respect for Indigenous rights to self-determination, the IJS is being developed through sustained engagement with Indigenous partners. To ensure a diversity of perspectives, the engagement process is broad, collaborative, inclusive, regional and distinctions-based. To date, engagement with Indigenous partners has demonstrated that this strategy must address issues that span across the justice system continuum, from prevention to re-integration. As such, it is expected that the recommendation to develop and implement a national “decarceration” strategy would be meaningfully addressed through the IJS.
    
    Recent Government Actions:PS’ ICCI supports Indigenous communities to respond to corrections and community safety issues in a holistic and culturally relevant manner. The objectives of the ICCI are to support the development of alternatives to custody incarceration and/or reintegration projects for Indigenous offenders, which is accomplished by investing in Indigenous-led community corrections programming. Through the program, justice-involved Indigenous peoples are able to participate in culturally tailored alternatives to incarceration and reintegration projects. Its long-term goal is to prevent recidivism amongst Indigenous offenders and thereby, to address their overrepresentation in the Canadian justice system.
    
    Another key active initiative to address the overrepresentation of Indigenous Peoples is PS’ Aboriginal Community Safety Planning Initiative (ACSPI). This initiative uses community-led and culturally appropriate programming which directly fosters a nation-to-nation relationship with participating communities and helps to facilitate Indigenous self-determination within the broad area of community safety, including community corrections and reintegration of offenders. Created in 2010, the ACSPI supports Indigenous communities in developing Community Safety Plans (CSPs) that identify their unique safety priorities and design community-led solutions that address issues of community safety in a holistic, culturally relevant, and long-term manner. Over 135 Indigenous communities participating in the CSP process and 60 communities have successfully developed CSPs.
    
    Finally, PS and its portfolio agencies continue to be engaged in whole of government discussions regarding the implementation of the United Nations Declaration of the Rights of Indigenous Peoples Act and in the development of Canada’s IJS. The IJS is being developed in consultation and collaboration with Indigenous partners, provinces and territories and has the objective of addressing systemic discrimination and the overrepresentation of Indigenous Peoples in the justice system. At the core of these discussions is the role of Indigenous communities (Bands, Councils, organizations) in the administration of justice, including, potentially transfers of jurisdiction. While these initiatives are still in their preliminary, consultative phase, PS looks forward to new approaches to address the issue of Indigenous overrepresentation in corrections and the criminal justice system. In support of this approach, and in an effort to find immediate solutions, CSC participates in the development of Modern Treaty Agreements where corrections considerations are being negotiated and the Service has also developed a strengthened approach to section 81 of theCCRA.
    
    Next Steps and Timelines: PS aims to start funding new projects under the ICCI by early 2024 and will share with CSC the list of the successful ICCI recipients. When possible and appropriate, CSC is encouraged to communicate and engage with successful recipients and leverage existing efforts and resources to enter into Section 81 and 84 agreements.
    
    Engagement on the IJS is expected to continue through 2023. A draft IJS will be developed based on the recommendations arising from engagement and will be shared with partners, including OGDs, for collective consideration.
    
    It is expected that the IJS will be released in 2024, following which the Government of Canada, Indigenous partners, and provinces and territories will work together to implement the measures recommended through the strategy to ensure positive and lasting change in the Canadian justice system.

Date modified:

2023-11-02