Correctional Investigator's Analysis of
CSC Action Plan in Response to the Report of the Canadian Human Rights
Commission (2003)
On February 17, 2005, the Correctional Service of Canada (CSC)
issued its responses to the Canadian Human Rights Commission (CHRC) report entitled
Protecting Their Rights, A Systemic Review of Human Rights in Correctional Services
for Federally Sentenced Women and released December 2003. What follows
is a preliminary analysis of that action plan. This is a working document and will
be updated as new information becomes available.
RECOMMENDATION 1
(Accept)
It is recommended that the Correctional Service of Canada develop and implement
a needs-assessment process that responds to the needs of federally sentenced women,
including Aboriginal women, women who are members of racialized groups and women
with disabilities.
At the consultation with stakeholders,
CSC further committed that the Research Branch will review the current
wording of the
DFIA tools.
March 31, 2005
The field test of the revised
DFIA at the women's institutions will be conducted
over a one- to two-year period. Given the number of admissions annually, to ensure
that sufficient data are collected to allow for analysis of results for the various
groups identified by the
CHRC - Aboriginal, racialized and disabled women - the
field test cannot be done over a shorter period. The plan for validation testing
for women offenders will be completed for the start date of the field test. The
results of the field test will be shared with the
CHRC.
Field test: Fiscal Year (FY) 2005-2006 & 2006-2007
Results to
CHRC: by mid FY 2007-2008
Decision: by end of FY 2007-2008
Implementation: FY 2008-2009
DCW to coordinate review of the
Women's Institutions - Offender Intake Assessment
Content Guidelines.
June 30, 2005
- There is a concern that the Research Branch does not employ a women-centered perspective
in developing its actuarial tools. As such, development of any new tool is unlikely
to take into consideration the unique socio-cultural-historical contexts of diverse
women offender populations.
- Upon further enquiry, OCI
found that none of the "external experts" that were engaged in the development of
the DFIA tools had recognized/specialized expertise in women-centered analyses.
- Women offenders should be consulted in the development of risk assessment tools.
- In sum, if the same theoretical framework continues to be used in the on-going development
of CSC's actuarial tools,
CSC is very likely to
develop tools that will remain discriminatory against women offenders. Consultation
with women offenders and drawing from recognized/specialized external expertise
are essential steps in the development of a valid risk assessment strategy.
Related Requirement: Correctional Plans. This related issue was
identified during the
CSC
stakeholders consultation on the
CHRC recommendations.
Contingent on the consent of the women, outside stakeholders will participate in
the development of plans for the women currently housed at the Nova Secure Unit
as well as two women housed in the Secure Units at
EIFW and
GVI respectively.
By February 28, 2005
- Review of the correctional plans seems like a positive step, however, if the same
non-contextualized assessment tools continue to be used by the Service, too many
women will remain over-classified and over-programmed.
RECOMMENDATION 2(a)
(Accept in principle)
It is recommended that the Correctional Service of Canada create a security
classification tool explicitly for federally sentenced women, one that takes into
consideration the low risk posed to public safety by most women, within one year.
Gender-informed initial security classification tool:
CSC will proceed with
the development of a gender-informed initial security classification tool by external
expert(s). This is a multi-year project, not only because of the complexity of development
but also the need for a lengthy field test to gather enough data given the relatively
few women admitted each year.
Request for proposal: March 31, 2005
Research design: FY 2005-2006
Field test: FY 2006-2007 & 2007-2008
CSC decision: FY 2008-2009
Implementation: FY 2009-2010
- Same concerns as discussed in Recommendation 1.
- The timeframe recommended by the CHRC was to have this task completed within one
year (December 2004). The Service expects to fully implement the new tool by FY
2009/10. Moreover, the Service publicly committed to undertaking this activity 6
months ago, yet the first step (the Request for Proposal) has still not been completed.
Gender-informed reclassification tool:
Field testing of the gender-specific
SRSW is complete. The tool has been finalized
for external review. The external review occurred in mid-January 2005. The results
will be presented to the
CSC
Executive Committee for decision on next steps.
External review: mid-January 2005
Results to Executive Committee:
March 2005
Implementation: FY 2005-2006
As soon as the scale is implemented
- The SRSW was recently reviewed externally; however, none of the experts had recognized/specialized
expertise in conducting women-centered correctional research.
Related Requirement: Review and analyse the impact of the correctional
environment on women offender risk and needs. This related issue was identified
during the
CSC stakeholders
consultation on the
CHRC recommendations.
CSC committed to initiating an exploration of how to assess the impact
of the correctional environment on women offender needs and level of risk.
a) As a first step,
CSC
will develop a climate indicator and profiling model for women's institutions. This
is a multi-year project, which will require 2 or 3 years of data collection, consultation
and analysis.
b) Recognizing the potential impact of the institutional environment on offender
behaviour,
CSC will invite
academic institutions to pursue with their graduate students the framing of possible
methodologies specifically for women's institutions.
Preliminary model to be completed in
FY 2007-2008
Letter to academic institutions by
March 31, 2005
- The first step of this initiative (developing climate indicator and profiling model)
is critical as it will impact on all of the next steps for this research. The concern
is that if the basis is flawed, so will be the research results. A women-centered
perspective is essential.
- It is important that the Service engage academics that work within a women-centered
perspective in order to properly inform the research project.
Related Requirement: Review of classification level of max women.
This related issue was identified during the
CSC stakeholder consultation on the
CHRC recommendations.
The Wardens of the women's institutions will ensure that the case of each woman
assigned a max classification is reviewed and that the behavioural and management
expectations in support of a safe reduction in her classification are clearly identified.
December 2004-March 2005
- This activity is almost completed; however, there are still concerns that the tools
that are being used to assess the women's security classification are the very same
tools that classified these women as maximum security in the first place.
RECOMMENDATION 2(b)
(Accept in principle - Joint action with Public Safety and Emergency Preparedness
Canada)
It is recommended that the Correctional Service of Canada commission an independent
study of the possible discriminatory impact of section 17(e) of the Corrections
and Conditional Release Regulations on federally sentenced offenders with disabilities.
CSC proposes to jointly
conduct with
PSEPC
an exploratory review of the impact of paragraph 17(e) on a sample of women offenders,
which will complement the audit on accommodation of disabilities.
Project plan: March 1, 2005
Draft report: December 30, 2005
Final report: March 31, 2006
- The CHRC recommended an independent study. However, the CSC has decided to reject this
essential aspect of the recommendation. It is unclear whether the
CSC or PSEPC
have the internal capacity and the required expertise to conduct this review - especially
within the given timeframes.
CSC will ensure that the
scope of work for the development of the gender-informed initial security classification
tool referenced under 2(a) above specifies that the tool must respond to this as
well as all other elements of the legislative frame.
See 2(a) above
Complete the two human rights audits: Privacy and Access to Information and Accommodation
of Disabilities.
By March 2006 (refer to recommendation 18)
- In absence of an independent study as recommended by the CHRC, it is unclear how
the Service will objectively determine its legal compliance.
RECOMMENDATION 2(c)(i)
(Accept - To action when tool is implemented)
It is recommended that the Correctional Service of Canada act immediately to
address the issues concerning the disproportionate number of federally sentenced
Aboriginal women classified as maximum security by immediately reassessing the classification
of all Aboriginal women currently classified as maximum security using a gender-responsive
reclassification tool.
The
SRSW will be used, when implemented in FY 2005-06, to reassess the security
classification of all maximum-security Aboriginal women on a priority basis.
See also the related requirement response under recommendation 2(a) respecting the
immediate review of all maximum-security women.
Upon implementation of the
SRSW
- The CHRC recommended that the CSC
acts on this issue immediately. However, the
CSC has given an imprecise timeframe (in the next 15 months) for acting
on this recommendation. It should be noted that the CHRC report was released back
in December 2003.
- It is not clear whether the SRSW was developed using a women-centered theoretical
framework. Therefore, there is a concern that this new tool may also be discriminatory
and result in over-classification of women.
RECOMMENDATION 2(c)(ii)
(Do not accept)
It is recommended that the Correctional Service of Canada act immediately to
address the issues concerning the disproportionate number of federally sentenced
Aboriginal women classified as maximum security by changing the blanket policy of
not allowing maximum security women at the Healing Lodge to a policy that is based
on individual assessment.
CSC will implement a "healing
lodge readiness" assessment process as a pilot project. The proposed preliminary
parameters are:
- the development of a "healing lodge readiness" framework.
- an annual case by case review of maximum-security Aboriginal women involving OOHL
staff and champions, the Elders, the Aboriginal liaison officer and case management
staff from the Secure Unit where the woman resides.
- Results will be used by the Kikawinaw (warden) and the OOHL champion at each regional
institution to recommend to the institutional head, the suggested programs/interventions,
which will assist those women who are considered not ready or, for women considered
ready, a re-classification of the woman and a transfer to the OOHL.
Healing Lodge readiness assessment frame: April 30, 2005
Implementation: May 31, 2005
Evaluation / review: September 2006
- This recommendation was rejected.
- It is notable that Madame Justice Arbour also made this recommendation in her landmark
report in 1996.
- The OCI is concerned
that a "healing lodge readiness" framework may be discriminatory and considered
paternalistic. The OCI
believes that women, themselves, should decide whether they are ready to heal. It
would be unlikely that the Service would develop a similar process for non-Aboriginal
Christian women designed to assess whether they were ready to heal and whether they
would be granted access to spiritual and religious programs.
- Gaining access to the Lodge is already extremely difficult, and the OCI believes that a new
readiness framework may make transfers to Healing Lodges even harder.
- Case-by-case reviews will be difficult to conduct unless more resources are committed
by the Service. Elders and Aboriginal liaison staff in the women's facilities are
already unable to meet the basic spiritual demands of women in the max units. Additional
responsibilities require additional resources.
- Given that the CSC is
getting ready to transfer control of the Lodge to the Nakaneet band, will any of
these activities actually take place?
RECOMMENDATION 3
(Under Review)
It is recommended that Policy Bulletin No. 107, which requires offenders serving
a minimum life sentence for first or second degree murder to be classified as maximum
security for at least the first two years of federal incarceration, be rescinded
immediately in favour of fair and balanced individual assessment.
This is a corporate policy issue that is currently being reviewed.
Pending completion of the
CSC
review of the policy, all cases of newly admitted women subject to Policy Bulletin
107 will automatically be reviewed by the
DCW (there have been 2 reviews to date).
The Office of the Correctional Investigator (
OCI)
will be advised as those cases arise.
Ongoing
- The OCI agrees
with the CHRC that the 2 year policy is illegal and should be rescinded immediately.
- No timeframe has been provided for this activity.
- Reviews of newly admitted women subject to Policy Bulletin 107 are being completed
by the DCW. However, the "re-assessments" are being conducted using the same tools
that have been shown to be discriminatory. Therefore, this initiative may not have
any real practical impact.
RECOMMENDATION 4
(Under consideration)
It is recommended that the Correctional Service of Canada implement a pilot
needle exchange program in three or more correctional facilities, at least one of
which should be a women's facility, by June 2005. The results of the pilot project
should be monitored, disclosed and assessed within two years.
CSC is committed to the
continuous improvement of its application of the National Drug Strategy.
CSC is working closely with
Canadian public health agencies to ensure that harm reduction measures proposed,
such as the needle exchange program, are applicable to a correctional environment.
Consultation with Canadian public health agencies in winter 2004 / spring 2005
- This recommendation has, essentially, been rejected. The rates of infectious diseases
are drastically higher in prison than those found in the community. The rates are
also much higher in the women offender population than the male offender population.
A harm-reduction strategy that includes a needle exchange program is required to
prevent the further spread of infectious (and sometime deadly) diseases. Such a
strategy will prevent the release of newly infected women offenders in the community.
The Ontario Medical Association recently endorsed the report of the Canadian HIV/AIDS
Legal Network which calls for needle exchange programs in prisons and jails across
the country.
CSC is implementing the
Safer Tattooing Practices Initiative pilot. A women's institution is part of the
pilot. Once the evaluation results are available,
CSC will consider next steps in harm reduction initiatives.
Implementation: FY 2005-2006 until end of FY 2007-2008
Evaluate: FY 2007-2008
- It is unclear whether the pilot will be externally evaluated.
- The Service should conduct an evaluation sooner than FY 2007/08.
RECOMMENDATION 5(a)
(Accept)
It is recommended that the CSC
take immediate steps to ensure the National Operational Protocol - Front Line Staffing
be strictly respected, viz the National Operational Protocol - Front Line Staffing
be made into a formal policy in the form of a Commissioner's Directive or Standard
Operating Procedure.
The National Operational Protocol - Frontline Staffing is being finalized
as a policy document. There will be consultation, which will include stakeholders.
Consultation on draft policy: March 2005
Promulgation: September 2005
- The OCI does
not support the use of men as front-line staff in women's prisons.
- The OCI has yet
to be consulted on this draft Policy.
- Will women offenders be also consulted?
RECOMMENDATION 5(b)
(Accept in part)
It is recommended that the CSC
take immediate steps to ensure the National Operational Protocol - Front Line Staffing
be strictly respected, viz that the ten day Women-Centered Training be mandatory
for everyone who works in a women's facility.
CSC will maintain the
current process, whereby staff in the women's institutions are provided the
WCTP
training in accordance with the
NTS.
Complete
- Complaints of harassment and discrimination against both front-line staff and non-front-line
staff remain a serious OCI
concern. Given the impact on women offenders, the 10-day training should be mandatory.
RECOMMENDATION 5(c)
(Accept in part)
It is recommended that the CSC
take immediate steps to ensure the National Operational Protocol - Front Line Staffing
be strictly respected, viz that a refresher course on the Women-Centered Training
for Correctional Service front-line staff be offered annually.
A one-day refresher training program for staff working on the frontline in women's
institutions to be delivered every second year will be developed and implemented
in FY 2005-2006.
Develop and implement a one-day refresher program: FY 2005-2006
- Given the situation observed at women facilities, the CHRC recommended annual
training.
- It is uncertain if the Service will have the resources to develop and implement
the refresher program during FY 2005/06.
RECOMMENDATION 5(d)
(Accept)
It is recommended that the CSC
take immediate steps to ensure the National Operational Protocol - Front Line Staffing
be strictly respected, viz that the implementation of the National Operational Protocol
be assessed by an independent external evaluator after two years.
MCF:
CSC will develop and implement
a
MCF for the
National Operational Protocol. The
MCF will be administered
once in each fiscal year commencing in FY 2005-2006. As per the
MCF process, the
results and corrective action will be reviewed by Executive Committee. The
MCF results
will also be used for accountability contracts at all levels of supervision and
management at the institutional level.
FY 2005-2006 and 2006-2007
- Again, the CHRC recommended that immediate steps be taken, but
full implementation will only be completed by FY 2006/07 and the evaluation will
be completed only by FY2007/08.
Independent Evaluation:
CSC will arrange for an
independent evaluation. The
MCF results (and any other data such as complaints and
grievances on compliance issues with respect to the
National Operational Protocol)
will be provided to the independent evaluator for use in the independent evaluation.
The independent evaluation, therefore, will take place in FY 2007-2008.
FY 2007-2008
- There are currently significant coding problems when it comes to complaints and
grievances about the National Operational Protocol. Complaints of this nature get
logged as staff performance, discrimination, and/or harassment. It will be important
that the independent evaluator reviews all these cases.
inmate Consultation:
In addition to the
MCF process, the
DCW or a senior manager will meet annually with
the Inmate Committees at the regional institutions to review and discuss compliance
issues with respect to the
National Operational Protocol; results and corrective
action, if required, will be discussed and resolved with the wardens individually
and as a group.
Ongoing: commencing in FY 2005-2006
- Inmate consultation on these issues will be invaluable; however, the Service will
need to properly consult with the inmate committees. In the past, inmate committee
chairpersons have been asked for input on various, complex topics, but they have
not been given adequate time to prepare or to respond, and they have never received
any feedback on their input. The Committees should be notified several weeks in
advance to ensure that they are provided sufficient time to adequately respond.
RECOMMENDATION 6(a)
(Under review - Joint with
PSEPC)
It is recommended that the Correctional Service of Canada implement independent
adjudication for decisions related to involuntary segregation at all of its regional
facilities for women. The impact of independent adjudication on the fairness and
effectiveness of decision making should be assessed by an independent external evaluator
after two years.
Independent adjudication is outside the current legislative framework. However,
CSC and
PSEPC will jointly develop options.
summer 2005
- The OCI agrees
with the CHRC on this issue. Independent adjudication is necessary to ensure fair
decision-making and legal/policy compliance.
- Although independent adjudication has been recommended for many years (e.g., Jackson
1983, 2002, Arbour 1996, Yalden 1997, Parliamentary CCRA Sub-Committee 2000, CHRC,
2003), the Service has failed to implement this important recommendation.
RECOMMENDATION 6(b)
(Accept in principle)
It is recommended that Segregation Advisory Committee for Women's Institutions
should be created with membership from both within and outside the Correctional
Service, including representatives of Aboriginal communities.
The
DCW will establish a pilot project for the case by case review of all women
in segregation over 30 consecutive days, and all women whose cumulative stay in
segregation exceeds 60 days over a one-year period. The
DCW will establish a committee
with an external representative to conduct such reviews a minimum of twice per year
over the next two years. The mandate for the committee must be within the current
legislative frame. To ensure an appropriate period for evaluation, given the few
long-term and/or repeated segregation cases, the pilot will operate for at least
two years prior to evaluation. The results will be reported to
CSC's Executive Committee with recommendations for next steps.
Committee mandate and membership by April 30, 2005
Conduct reviews: FY 2005-2006 and 2006-2007
Report: June 2008
The
DCW will examine in detail cases from FY 2002-2003 and FY 2003-2004, which fall
under the parameters described above, in order to compile a list of reasons for
segregation, alternatives tried to avoid segregation, and steps taken, which resulted
in the women leaving segregation. This review will be shared with the review committee
referenced above as background to facilitate their work.
Report by May 31, 2005
- It's not clear exactly what this committee will be doing other than "reviewing cases".
The CHRC recommended the creation of an "advisory committee," which suggests that
CSC would gain by receiving
(outside) advice on broad segregation-related matters.
- The CSC has interpreted
the CHRC's recommendation as requiring only one external representative on the Committee.
Moreover, the selection criteria for the external representative are unknown. There
is no mention of Aboriginal representation on the Committee, despite the fact that
long-term segregation is primarily affecting Aboriginal women.
- The 3 women's prisons that have had long-term segregation cases (EIFW, GVI and RPC)
are limited in their segregation alternatives due to lack of space and resources.
How will "reviewing these cases" change this reality?
- The 3-plus years timeframe to complete this work appears unreasonable lengthy.
- The committee should specifically be required to consult with women offenders.
RECOMMENDATION 6(c)
(Accept)
It is recommended that the Correctional Service should examine alternatives
to long-term segregation for women offenders, in consultation with external stakeholders.
CSC proposes to establish
the advisory committee referenced under 6(b) above as a pilot project. The results
from the pilot will be used to frame next steps/ further discussions.
Refer to 6 (b) above.
- See comments for recommendation 6 (b) above.
RECOMMENDATION 7
(Accept in principle)
It is recommended that the Correctional Service of Canada consider the needs
and low risk of minimum and medium security women inmates in the construction of
additional facilities for women.
In accordance with existing
CSC
planning practices and processes, the assessed risk/needs of women offenders will
continue to form the basis for future plans to renovate or expand existing institutions.
CSC will continue to conduct
research, review external research, and consult with stakeholders to broaden its
understanding of the risk/needs of women offenders. These findings will be used
to reassess and adjust the accommodation and operational designs and intervention
strategies that are most effective in responding to those needs.
- This CSC Response does
not accurately reflect the issue at hand. There is no discernable difference between
the minimum and medium security beds in the women's regional facilities. Minimum
security women are discriminated against when compared to their male counterparts.
Any expansion needs to take into consideration this discriminatory reality.
- OCI recommends
that the Isabel McNeill House (only minimum women facility in Canada) remains open
and run at full capacity. There are 10 beds but only 3-4 are filled at any given
time.
RECOMMENDATION 8(a)
(Accept)
The Commission recommends that the Correctional Service of Canada ensure that
the revised program strategy for women acknowledges that some of women's criminogenic
factors are unique.
The revised
Program Strategy for Women Offenders (2004) describes the current
state of knowledge and research with respect to women's criminogenic factors, including
those unique to women. It is available on the
CSC website.
Complete
The strategy will be updated periodically to reflect the implications of new research.
Ongoing
- This Strategy should be revised to take into consideration the findings
of the 2003 CHRC report. The strategy should be informed by the unique social-cultural-historical
factors impacting women.
RECOMMENDATION 8(b)
(Accept)
The Commission recommends that the Correctional Service of Canada develop and
implement gender-responsive programming that addresses the full range of women's
criminogenic factors.
As the majority of women in federal custody have committed crimes of violence, a
violence prevention strategy unique to women offenders is being explored
Proposed strategy: FY 2005-2006
- This response does not respond to the CHRC recommendation. The issue here is that
women do not currently have adequate access to gender-responsive programming in
prison. Due to a lack of human and financial resources, the programs that are currently
being offered are very limited in scope, are only offered within certain contexts,
and are often untimely. This is particularly true for Aboriginal women's programming
and programs for maximum-security women. In addition, very few programs have actually
been thoroughly evaluated.
- Regarding the violence prevention strategy, the
CSC first needs do conduct exploratory research in order to gain a better
understanding of the socio-cultural-historical context within which women's violence
occurs. This would be best undertaken by an independent researcher with experience
in women-centered participatory action research. This information could then be
used to inform the new strategy.
Related Requirement: Accreditation of women's programs was raised during the
CSC stakeholders consultation
on the
CHRC recommendations.
As the need to consider accreditation of women's programs arises in the future,
discussion will occur with stakeholders.
- Despite stating that it has accepted this CHRC recommendation,
CSC has not actually committed to developing a new violence prevention
strategy. CSC has only
committed to "exploring" the issue.
- Given the unique contextual factors related to women's criminalization, women offenders
require a more individualized approach to addressing their needs (see e.g., Creating
Choices). Accredited programs will need to reflect this approach.
RECOMMENDATION 9
(Accept)
The Commission recommends that the Correctional Service of Canada bring a gender
focus to its employment and employability programming for federally sentenced women,
including the development of job opportunities in the community.
The Employability Skills Program pilot will be evaluated and a decision made on
expansion to all the women's institutions by Executive Committee in FY 2005-2006.
fall 2005
Complete the employment needs survey.
March 31, 2005
Develop a National Employment Strategy for Women Offenders.
FY 2005-2006
Facility plans will be developed, in response to the approved National Employment
Strategy for Women Offenders, and incorporated into the
CSC Capital Plan. The timing and funding of any related improvements
will be in accordance with established priorities and budgets.
- Unfortunately, CSC's institutional
employment primarily consists of cleaning, grounds maintenance, and under-wear making.
Also, while the women may be paid as if they are working full-time, many women complete
their work in less than 1 hour per day. Maximum-security women have even less opportunities.
- Every women's facility is cramped for space. Unless the Service is planning to increase
physical space, it is nearly impossible to bring in any type of meaningful and useful
in-house training into the women's facilities (e.g., a CORCAN operation).
- The statistic that 600 third-party certificates were recently earned by women offenders
is somewhat misleading. Many of these certificates were primarily earned for very
short certificate programs (a few days) such as First Aid, CPR, Basics in Food Safety
and WHMIS. According to CSC's
own documents, only a very small percentage of the women that received these certificates
find employment related to those certificates.
- It should also be noted that the
CSC completely underutilizes work releases in all of their women's facilities.
This is an inexpensive avenue that could provide minimum-security women with real
work experience in the community.
- The Employment Needs Survey is a good initiative. However, already several issues
have been raised: (1) women have complained that they were asked for input, but
that they were only given 2 days to provide feed-back on the questionnaires; and
(2) it isn't clear whether this survey takes into account the unique socio-cultural
experiences of Aboriginal women and their various views regarding mainstream employment/work
ethics.
- The OCI is supportive
of a National Employment Strategy for Women. However, the strategy will only achieve
its goals if appropriate resources and additional space are provided.
RECOMMENDATION 10
(Accept)
It is recommended that, based on common guidelines, an action plan for each
region should be developed to ensure that the Correctional Service of Canada meets
the need for accommodation for federally sentenced women on community release. The
plan should include home placement agreements, satellite apartments and other options
that would permit women on conditional release to be housed with their children.
CSC will monitor the regional
action plans and explore alternative accommodation options for women, such as private
home placements (
PHP).
Ongoing
To assist in meeting the challenge for women with serious mental health disorders,
CSC will offer training
in mental health issues to community-based residential facility staff over FY 2005-2006
& 2006-2007.
FY 2005-2006; 2006-2007
The
DCW will coordinate the delivery of information sessions on
PHP for women offenders
in major releasing areas, based on the
PHP Program successes in Edmonton.
FY 2005-2006
- The Service is not currently meeting the needs for accommodation for FSW on community
release; especially in the Pacific and Maritimes regions. Monitoring and exploring
options do not address the CHRC's recommendation to meet the pressing needs for
accommodation of federally sentence women.
- The CSC expects community-based
organizations and private citizens to provide more beds for women, yet
CSC committed no new financial resources to assist in this undertaking.
- Offering training to staff in community-based residential facilities has the potential
of opening up these facilities to more women with mental health disorders, but it
will not address the problem of the shortage of beds. Also, the training is 2 years
away.
RECOMMENDATION 11(a)
(Accept)
It is recommended that the Correctional Service of Canada continue to take steps
to ensure greater continuity between programs offered in the institution and those
offered in the community. The community programming phase of the Woman Offender
Substance Abuse Program may provide a good model for doing so and should be monitored.
CSC will ensure the continuity
factor is assessed in the
WOSAP evaluation.
WOSAP evaluation: FY 2005-2006
Discuss this issue at the planned federal /provincial/territorial Heads of Corrections
sub-committee meeting with a focus on identifying areas for joint initiatives.
spring / summer 2005
- There is a lack of continuity between ALL programs offered in prison and those offered
in the community. The Service needs to focus on preparatory release requirements
for successful transitions from prison to community settings.
- Offering to assess the continuity factor in the WOSAP evaluation does little to
improve significant systemic barriers.
RECOMMENDATION 11(b)
(Accept in part)
It is recommended that the Correctional Service of Canada offer more assistance
to women on conditional release, particularly through employment counselling and
child care.
CSC will promote the value
of the employment centres with parole officers to increase the number of referrals.
Ongoing
CSC's legislative mandate
does not extend to child care; child care is a provincial jurisdictional issue.
However,
CSC does play
a liaison role and, therefore, will issue a document on
Mothers and Children in
the Community to provide direction to staff working with women who have
children.
Consultation on draft document: September 2005
- Employment centres may not always be responsive to the needs of women offenders.
More referrals alone will unlikely increase the rate of employment of women offenders.
More assistance is needed such as ensuring child care is available for women wishing
to attend the employment centres.
- The selection of the writer and the consultation process will be critical to the
success of the document entitled "Mothers and Children in the Community."
RECOMMENDATION 12(a)
(Accept)
It is recommended that federally sentenced women be provided with an opportunity
to consult with an Elder before finalizing their correctional plans. With the agreement
of individual women, Elders should play a key role throughout case management and
release planning.
CSC will consult through
the National Elders Working Group, the Aboriginal Advisory Board and the IFC to
obtain their advice and ideas for further action to formalize and enhance their
role in case management. Results of the consultation and recommendations for policy
and process changes will be submitted to the Executive Committee by the end of FY
2005-2006.
Consultation: FY 2005-2006
In the interim,
CSC will
pilot in a women's institution, a formalized case management process whereby prior
to sign-off by the woman offender, she is asked if she would like to take her plan
and consult with the Elder and/or the Native liaison officer and/or Chaplain. The
woman's decision would be noted in the file and, if she chooses to consult, a reasonable
timeframe and follow-up process would be established and documented in the file.
FY 2005-2006
- Most women's facilities do not have a full-time Elder or an Aboriginal liaison,
so providing direction/consultation on correctional planning will be extremely difficult
without committing new resources.
- Currently, if a woman is dissatisfied with her correctional plan, there is very
little she can do to successfully challenge it. It is not clear whether Elder consultation
will actually result in improved offender satisfaction and better correctional plans.
- The timeframe for policy and process changes (end of FY 2005-2006) is unreasonable
long given the straight forward nature of this recommendation.
RECOMMENDATION 12(b)
(Accept)
It is recommended that in partnership with Aboriginal communities and organizations,
the Correctional Service of Canada should review the use of section 84 of the Corrections
and Conditional Release Act, identify barriers to its use, and create and implement
an action plan to encourage its use for federally sentenced women. Progress should
be reviewed and reported within one year.
The upcoming
ACDO meeting will be held at
OOHL and will focus on the development
of sustainable strategies to enhance the use of Section 84 agreements for Aboriginal
women offenders. The outcomes of this meeting will be reflected in the new National
Aboriginal Strategy.
Consultation on National Aboriginal Strategy: spring / summer 2005
The
DCW in collaboration with the Aboriginal Initiatives Branch will review the
Section 84 agreements negotiated/active in FY 2003-2004 and FY 2004-2005 to identify
concepts and best practices to share with all wardens and districts supervising
Aboriginal women offenders on release.
September 2005
Related Requirement: Enhanced information sharing at intake. This
related issue was identified during the
CSC stakeholders consultation on the
CHRC recommendations.
- CSC will enhance information
sharing for women offenders on Section 84 provisions during intake. Wardens of women's
institutions will report to the DCW by March 31, 2005 on the process enhancements
put in place at their respective institutions.
CSC is developing and
will distribute to staff, offenders and the Aboriginal community a new document
entitled
Section 84 of the Corrections and Conditional Release Act Release Planning
Kit, which will provide information on release options.
Report to
DCW: by March 31, 2005
Distribution: by March 31, 2005
- The Service cannot expect to increase the number of section 84 agreements without
committing financial resources geared toward building community capacity within
interested Aboriginal communities.
- The section 84 process is currently administratively too complex and cumbersome.
Women complain of having to navigate this process with little support from the Service
and they often withdraw their application before it is completed.
- Note that the Service has already missed the one-year deadline (imposed by the CHRC)
to review and report back on progress with s. 84 agreements.
CSC's response does not include specific milestones, deadlines, and
timeframes for progress reports.
- Recommendation 12 (a) and (b) are consistent with Justice Arbour's 1996 recommendations
concerning Aboriginal women.
RECOMMENDATION 13
(Accept)
It is recommended that the Correctional Service of Canada consider whether its
current organizational structure optimizes its capacity to ensure consistent human
rights compliance in women's facilities, and that it develop an enhanced functional
capacity to ensure the consistent protection and promotion of human rights across
its operations.
With respect to the Corporate Human Rights Monitoring Tool,
CSC will develop by March 31, 2005, a work plan to complete the identification
of the human rights elements in the 94
MCF.
CSC commits to completing this work for the top five
MCF by June 2005
and the next five priority
MCF by September 2005. A plan for completion of the other
MCF will be developed.
Work plan: March 31, 2005
First group of five
MCF: June 2005
Second group of five
MCF: September 2005
CSC will evaluate the
results derived from the Corporate Human Rights Monitoring Tool (approved in September
2004) and submit a report to the Executive Committee.
June 2007
CSC will enhance the lessons
learned approach to broaden understanding of human rights implications of corrections
as decided at the November 2004 Executive Committee meeting.
Ongoing
The national training courses (currently numbering 40) will be reviewed by the Human
Rights Division and the
CHRC. The goal of this exercise will be the identification
of gaps in course material, as well as the addition of human rights content and
language. The review will begin with the three programs with the largest impact.
Based on what is learned from the review of these three courses, a long-term plan
will be established to address the remaining 30 plus courses (refer to recommendation
16e).
Within three months following the completion of the review of the first three programs,
a multi-year work plan, based on lessons learned from the first reviews, will be
developed for the remainder of the programs.
- CSC has failed to address
this recommendation. Within the current hierarchical structure, the position of
Deputy Commissioner for Women has no operational authority to ensure consistent
human rights compliance in women's facilities. This point was not even discussed
in the Service's response, although it claims to have accepted this CHRC recommendation.
- This recommendation is consistent with Justice Arbour's 1996 recommendation concerning
the creation of a "separate stream" for Women's Corrections under the authority
of the DCW.
- This recommendation was therefore rejected.
- The CSC response instead
discusses the development of a new complex computerized human rights monitoring
system. The first annual report on CSC's
overall compliance with its human rights obligations will be based on data from
FY 2007/08, and will therefore be issues during FY 2008/09. What will the Service
do in the interim?
RECOMMENDATION 14
(Accept in part)
It is recommended that, in consultation with its staff and inmates, the Correctional
Service of Canada immediately develop and implement an anti-harassment policy and
education program that applies to inmates. The policy should provide for independent
anti-harassment counsellors for inmates. A short, plain-language version of the
policy should also be developed and distributed.
CSC will draft for inclusion
in all inmate handbooks a plain language standardized section on human rights (see
also recommendation 16(b)) which will incorporate a question and answer section
on the
CSC anti-harassment
policy and complaint/investigation process. An alternative communication method
such as an audiotape version of the standardized section will also be produced.
June 30, 2005
Although all policies are available to offenders through the institutional libraries,
until the standardized handbook section is available, wardens will ensure that by
March 31, 2005, all offenders have received a hard copy of Policy Bulletin 186 -
Harassment, and that offenders admitted after that date receive a copy during their
intake interview.
March 31, 2005
Wardens will ensure that inmate committees receive a briefing on these policy documents.
By June 30, 2005
CSC will complete harassment-sensitivity
training with the staff who respond to the offender redress 1-800 line.
By June 30, 2005
CSC will develop and pilot
at one of the women's institutions, a training session for women on how to present
their views or position (advocacy training).
March 31, 2006
- Monitoring of CSC's new
offender harassment policy remain a significant challenge.
- The Service has committed finalizing an assessment of their harassment policy by
March 31, 2005.
- This recommendation is consistent with the stated position of Justice Arbour.
RECOMMENDATION 15
(Not accepted as stated; accept underlying requirement to ensure human rights
are accommodated appropriately)
It is recommended that the Correctional Service of Canada immediately develop
and implement a comprehensive accommodation policy that specifically addresses the
accommodation of inmates on all prohibited grounds of discrimination. A short, plain-language
version of the policy geared to offenders with cognitive limitations or low literacy
levels should also be developed and distributed as part of an educational program.
CSC will address the accommodation
issue in the standardized section on human rights for inmate handbooks referenced
under recommendations 14 and 16(b).
Refer to recommendation 14
The lessons learned approach and the integration of human rights issues into all
staff training, referenced in response to recommendation 13, will enhance ongoing
staff awareness of accommodation issues.
Refer to recommendation 13
CSC will continue to integrate
accommodation issues into the appropriate
CD. In revising its policies,
CSC is taking care to ensure
they are written in as plain a language as possible.
Ongoing
- In its response, the Service has failed to recognize the spirit and intent of this
recommendation. It is not clear, exactly what the
CSC plans to do to address this recommendation. The CHRC report calls
for a review of its accommodation policy and the drafting of a new comprehensive
accommodation policy that goes beyond physical, intellectual and learning disabilities.
RECOMMENDATION 16(a)
(Accept)
It is recommended that the Correctional Service of Canada establish guidelines
for institutional handbooks to ensure that complete, consistent and accurate information
is provided to inmates in all facilities.
CSC will develop standard
guidelines for inmate handbooks and will include a human rights section.
June 30, 2005
RECOMMENDATION 16(b)
(Accept in principle)
It is recommended that the Correctional Service of Canada annually monitor the
human rights-related content of inmate handbooks, orientation sessions and ongoing
human rights-related training.
As referenced under recommendation 14,
CSC will draft for inclusion in all inmate handbooks a plain language
standardized section on human rights.
CSC will annually review this content with the
CHRC and make any revisions
required.
June 30, 2005; ongoing.
CSC will annually review
a sample of the content of the orientation sessions to ensure the sessions include
human rights related content.
September 30, 2005; ongoing.
Once the human rights content has been incorporated into the various training courses,
annual monitoring of the curricula will be conducted.
Refer to recommendation 13
- This is a positive commitment.
RECOMMENDATION 16(c)
(Accept)
It is recommended that the Correctional Service of Canada make available information
suitable for women with limited cognitive abilities or low literacy levels, as well
as information in alternate formats.
CSC will ensure the standardized
human rights content for inmate handbooks is available in alternative formats; the
first approach will be the audiotape version of the Q&As related to
CSC's anti-harassment policy as noted under recommendation 14.
June 30, 2005
To assess the need for alternatives other than an audiotape, wardens will review
and report on the methods used by their case management team to ensure offenders
with limited cognitive abilities or low literacy levels are informed of the content
of the inmate handbook (e.g., buddy system, verbal orientation by staff)
April 30, 2005
- No deliverables are attached to this recommendation.
RECOMMENDATION 16(d)
(Accept)
It is recommended that the Correctional Service of Canada ensure that the accountability
accords for managers include contribution to human rights compliance.
Measure accountability for human rights compliance via
MCF.
Ongoing
- Specific requirements for the promotion of, and compliance with, human rights should
specifically be included in performance agreements of
CSC senior managers.
RECOMMENDATION 16(e)
(Accept in part)
It is recommended that the Correctional Service of Canada integrate human rights
training vertically throughout the organization through effective knowledge management.
Refer to recommendation 13
- CSC does not have a continuing
legal education strategy with scheduled training requirements on human rights related
topics. This is especially important given the closed nature of the correctional
environment and its potential on human rights.
RECOMMENDATION 17
(Accept in part)
It is recommended that the Correctional Service of Canada implement a pilot
mediation project at facilities for federally sentenced women, using trained, external
mediators trained in human rights to attempt to resolve complaints, as well as providing
conflict resolution training for inmates. The pilot project should begin by the
end of 2004, and it should be evaluated within two years of implementation by an
independent contractor.
With respect to the specific issue of the use of the complaint and grievance system
by women offenders, the Service will:
- analyse available statistics and clarify issues in the use of the complaint and
grievance systems by women offenders.
- administer a survey to identify where mediation or other conflict resolution strategies
are being used as well as obstacles to be overcome in their implementation.
Ongoing
March 31, 2005
Work with the National Steering Committee on Restorative Justice to ensure that
approaches to dispute resolution for offenders are consistent with the Integrated
Conflict Management System (as per the Public Service Modernization Act).
Ongoing
- This recommendation has essentially been rejected.
- Historically, the Service has claimed to analyse the women's complaint and grievance
statistics, but analyses have been sporadic and superficial.
- It is unclear what the target population is for this proposed survey.
- Given the very clear power differentials between prisoners and staff, informal conflict
resolution is extremely difficult, especially if mediators are not independent from
the Service. Women regularly complain to the
OCI about informal resolution attempts that were coercive in nature.
- In an attempt to address this, the recommendation specified "external mediators
trained in human rights". This point was not addressed in the
CSC Response.
RECOMMENDATION 18
(Accept in principle)
It is recommended that the Correctional Service of Canada work with the Canadian
Human Rights Commission to develop, implement and assess a human rights audit model,
including the identification and measurement of human rights performance indicators
and public reporting.
CSC will finalize and
implement the Corporate Human Rights Monitoring Tool.
FY 2005-2006 (refer to recommendation 13)
The
CSC annual audit plan
includes and will continue to include activities related to human rights issues
as well as specialized human rights audits as approved by
CSC's audit committee.
Ongoing
Complete the two human rights audits: Privacy and Access to Information and Accommodation
of Disabilities.
By March 31, 2006
- The Corporate Human Rights Monitoring Tool will not be evaluated before 2007/08.
Moreover, it appears that CSC's
Audit Division does not have the necessary resources and capacity at this time to
conduct human rights audits on a regular basis/schedule.
RECOMMENDATION 19
(Under review - Joint with
PSEPC)
It is recommended that the Solicitor General of Canada and the Correctional
Service of Canada, in consultation with stakeholders, establish an independent external
redress body for federally sentenced offenders.
CSC will arrange for an
inspection pilot of two of the women's institutions by the U.K. Inspectorate of
Prisons, and will take the necessary steps to improve where required.
Joint plan: April 15, 2005
Inspection report: by September 2005
CSC will continue to review
of models with
PSEPC.
March 2006
- The benefits of a visit by the UK Inspectorate of Prison are unclear. Countless
domestic reports by credible persons and organizations have already provided clear
guidance to CSC.
- Parameters for inspections need to be clearly defined and reviewed with stakeholders,
including this Office.
- There is no stated position with respect to the establishment of an independent
external redress body, only commitment to review with
PSEPC.