OFFICE OF THE CORRECTIONAL INVESTIGATOR
DEPARTMENTAL PERFORMANCE REPORT
For the
period ending
March 31, 2003
Wayne Easter
Solicitor General of Canada
TABLE OF CONTENTS
Section I: Message
1.1 Correctional Investigator's Message
Section II: Agency Performance
2.1 Mandate
2.2 Mission Statement
2.3 Business Line and Resources
2.4 Organizational Chart
2.5 Societal and Operational Contexts
2.6 OCI
Logic Model
2.7 Implementation of the
OCI Corporate Strategic Plan
2.8 Performance Accomplishments
Annex A: Financial Performance Overview
Financial Table 1
Financial Table 2
Financial Table 3
Annex B: Other Information
i) Contacts for further Information
ii) Agency Website
iii) Agency E-Mail Address
iv) Legislation and Associated Regulations Administered
v) Statutory Annual Reports and Other Agency Reports
Section I: Message
1.1 Correctional Investigator's Message
I am mandated as an Ombudsman for Federal Corrections. I firmly believe that the
responsible oversight of correctional operations is a service that Canadians value
greatly. The strategic outcome that they legitimately expect is that their correctional
system will be fair, equitable, humane, reasonable and effective. It is our focus
in all that we do, to ensure that this happens is indeed our "raison d'être".
This past year has been an exceptionally productive and challenging one for the
Office of the Correctional Investigator (OCI).
We have now achieved full implementation of the Corporate Strategic Plan we had
adopted in January 2002. This achievement reflects the
OCI's steadfast adherence to the new management framework "Results
for Canadians". It is also consistent with the
OCI's long-standing commitment to excellence in service delivery,
professional and ethical corporate behavior, reliable and meaningful reporting and
responsible spending.
Implementing the Plan has significantly transformed all aspects of our operations.
It has improved the quality and the value of the services we provide to Canadians,
notably to Aboriginal Offenders and Federally Sentenced Women. We remain concerned
with the high number of issues brought to our attention by or on behalf of the offender
population, and will continue to favor a pro-active, holistic and systemic approach.
In the months ahead, the Office will continue to explore new strategic directions,
actively seeking to assist in improving the correctional treatment afforded Young
Offenders and Elderly Offenders. We confidently expect that we will further ameliorate
our performance vis-à-vis our strategic outcome, achieving the results Canadians
deserve and rightfully expect.
Canadians increasingly recognize that the communities in which they live are ultimately
safer and better protected when offender concerns are addressed fairly, humanely
and responsibly. In the role of Ombudsman, the Office fully intends to contribute
in assuring Canadians that this is indeed what happens in our federal correctional
system.
R.L. Stewart
Correctional Investigator
Section II: Agency Performance
2.1 Mandate
The Office of the Correctional Investigator was established in 1973 pursuant to
Part II of the Inquiries Act. With the proclamation in November 1992 of Part III
of the Corrections and Conditional Release Act, this is now the enabling
legislation. The mandate of the Correctional Investigator, as defined by this legislation,
is to function as an Ombudsman for federal offenders. The Correctional Investigator
is independent of the Correctional Service of Canada and may initiate an investigation
on receipt of a complaint by or on behalf of an offender, at the request of the
Minister or on his own initiative. The Correctional Investigator is required by
legislation to report annually through the Solicitor General to both Houses of Parliament.
2.2 Mission Statement
The Office of the Correctional Investigator is committed to maintaining an accessible
independent avenue of redress for offender complaints and to provide timely recommendations
to the Commissioner of the Correctional Service of Canada and the Solicitor General
which address the areas of concern raised on complaint.
2.3 Business Line and Resources
The Office of the Correctional Investigator (OCI)
has one Business Line which, as detailed in Section 167 of the Corrections and Conditional
Release Act (CCRA),
is to conduct investigations into the problems of offenders related to decisions,
recommendations, acts or omissions of the Commissioner of Corrections or any person
under the control and management of, or performing service for or on behalf of the
Commissioner of Corrections that affects offenders either individually or as a group.
Section 19 of the CCRA
also implicitly requires that it reviews all investigations performed by the Correctional
Service of Canada following the death or serious bodily injury to an inmate. The
OCI is also engaged
in similar monitoring of interventions by Institutional Emergency Response Teams
(IERT's), in keeping
with the recommendations of the Arbour Commission.
The Office of the Correctional Investigator is headed by the Correctional Investigator
who reports to Parliament through the Solicitor General. The Agency's resources
provide for 27 full-time equivalents, 12 of which make up the investigative staff.
The total resources are $3,193,000 for the fiscal year 2002-2003
2.4 Organization Chart
Represented below is the OCI's
Organization Chart, as envisioned in the Corporate Strategic Plan it formally adopted
on January 15, 2002.
As will be explained in greater detail below, the
OCI has, over the present reporting period, recruited and retained
a full complement of employees in all its indeterminate positions. The stability
of the OCI workforce
has been a critical element for success, not only in the full and timely implementation
of the strategic plan, but in further improving the level and quality of services
offered by the OCI
to Canadians.
EXHIBIT 1 - OCI
Organization Chart
2.5 Societal and Operational Contexts
The maintaining of an independent and objective review process within a correctional
environment where the office has virtually no control over either the number of
complaints or the extent of investigations required presents a number of unique
challenges. First, the resolution of disputes in an environment traditionally closed
to public scrutiny with an understandably high level of mistrust between correctional
officials and inmates, requires that the Office not only be, but be seen to be independent
of both the Correctional Service and the Ministry. Second, given that the authority
of the Office rests with its power of persuasion and public reporting rather than
enforceable recommendations, it is imperative that appropriate administrative and
political mechanisms be available to ensure that reasonable, fair, timely, equitable
and humane action is taken on the findings made by the
OCI.
In recent years, changes to the regulatory and legislative environment have forced
the OCI to dramatically
expand its services. The Arbour Commission of Inquiry (1996) noted that the statutory
mandate of the OCI
should continue to be supported and facilitated because only the
OCI is in the "unique position both to assist in the resolution of
individual problems, and to comment publicly on the systemic shortcomings of the
Services."
In 1997, the Auditor General noted that one of the factors creating difficulty at
that time, was the overall size of the workload. Indeed since that time the OCI has implemented
the recommendations of the Auditor General to address those workload issues, including
working with the Correctional Service to improve the inmate grievance procedure
and to provide an improved policy and procedure manual to investigators. The Auditor
General noted as well, however, that the demand for services remains elevated, incessant
and that both the overall volume and complexity of issues continues to increase.
In October 1999, the Office signed a Memorandum of Understanding with the Correctional
Service. The intent of this agreement is to assist both agencies in addressing areas
of offender concern in an objective, thorough and timely fashion. Accordingly, the
quality and timeliness of actions taken by the Correctional Service in response
to the Office's findings and recommendations will remain of paramount importance.
In 2000, the Sub-committee on the Corrections and Conditional Release Act
of the Standing Committee on Justice and Human Rights, recommended that the budget
of the OCI be
"increased in order to expand the number of investigators and (to) cover directly
related expenses such as office equipment, communications and travel required to
conduct investigations".
In addition, the Office met again throughout the year with various national and
international associations, actively involved in the fields of corrections and criminal
justice, either on an individual basis or at conferences, to review areas of mutual
concern. These linkages highlight the value placed by the Office on a collaborative
approach to the betterment of corrections consistent with the expectations of Canadians.
The OCI does
not foresee any diminution or decline in either the overall demand for services
or in the complexity of the issues the
OCI is called upon to address. The environment in which the
OCI is called upon to provide "Results for Canadians" continues
to be extremely challenging and one in which innovative and dedicated service provision
is essential to moving ahead.
To respond to these pressures, the
OCI identified the following three priority activities in the Corporate
Strategic Plan it adopted in January 1992. These are:
- Increase the capacity for institutional visits to a level that is acceptable to
the detained population and the Canadian people.
- Create specialist positions to address issues of Federally Sentenced Women and Aboriginal
Offenders.
- Increase the ability to review and follow-up on both investigations as per Section
19 of the Corrections and Conditional Release Act and Use of Force Videotapes,
as per the recommendations of the Arbour Commission.
Currently still at the exploratory stage and dependent on the availability of additional
resources are two other priority activities:
- Offer specialized services to Young Offenders housed in federal penitentiaries.
- Offer specialized services to Older Offenders (presently + or - 16% of the federal
inmate population and growing).
An overview of the progress made in the implementation of these priorities, inclusive
of activities and outcomes, is presented below in Sections 2.7 and 2.8. Further
information is also found in this year's Annual Report, which will be posted on
our website (www.oci-bec.gc.ca), as soon
as it is tabled in Parliament.
2.6 OCI Logic
Model
The Logic Model presented below sets out just how the
OCI views how it delivers the services necessary to support its mandate
and deliver on its commitment to the strategic outcome of responsible, humane, fair
and effective corrections.
The logic model identifies the linkages between the activities of the
OCI program and the achievement of its outcomes. It clarifies the
activities that make up its program and the sequence of outcomes expected to result
from these activities.
EXHIBIT 2 - OCI
Logic Model
Of legitimate concern to elected officials and Canadians is how the
OCI has allocated resources. Set out below are the spending profiles,
consistent with the major activities identified in the
OCI Logic Model (Exhibit 2 above).
The core business of the OCI
is responding to inmate complaints arising from incarceration and anticipating and
addressing more systemic issues that arise periodically (e.g. Aboriginal, Federally
Sentenced Women, Section 19 and Use of Force). These two activities comprise the
core services provided by the
OCI and this is recognized in the spending profile below.
In 2001-2002, arising out of the Arbour Report, the recommendations of the Auditor
General and the recommendations from the Parliamentary Committee review of the Corrections
and Conditional Release Act, additional resources were identified to be
targeted in response to the systemic issues mentioned above and to relieve against
a steadily increasing overall demand for inmate complaint resolution services. This
is also reflected in the spending profile below:
Exhibit 3
Spending Profile by Activity for fiscal years
2000-2001 to 2002-2003
Individual Inmate Complaint Resolution (i.e. visits, correspondence)
|
Salary
|
682
|
778
|
800
|
800
|
|
O&M
|
300
|
520
|
560
|
560
|
|
Total
|
982
|
1,298
|
1,360
|
1,360
|
OCI Systemic Issues (e.g. Administrative Segregation, Double Bunking)
|
Salary
|
125
|
175
|
240
|
2401
|
|
O&M
|
40
|
40
|
80
|
80
|
|
Total
|
165
|
215
|
320
|
320
|
Mandated Issues (Section 19, CCRA\ Compliance, Use of Force)
|
Salary
|
140
|
200
|
290
|
2902
|
|
O&M
|
20
|
40
|
47
|
47
|
|
Total
|
160
|
240
|
337
|
337
|
Corporate Services (e.g. Executive Director, Correctional Investigator)
|
Salary
|
375
|
375
|
375
|
375
|
|
O&M
|
93
|
232
|
120
|
120
|
|
Total
|
468
|
607
|
495
|
495
|
Specific Policy Leadership (Aboriginal, Federally Sentenced Women)
|
Salary
|
145
|
250
|
240
|
175
|
|
O&M
|
27
|
47
|
97
|
45
|
|
Total
|
172
|
297
|
337
|
2203
|
|
Total Salary
|
1,467
|
1,778
|
1,945
|
1,880
|
|
Employee Benefits
|
195
|
223
|
344
|
344
|
|
Total O&M
|
480
|
879
|
904
|
852
|
|
Grand Total
|
2,142
|
2,880
|
3,193
|
3,076
|
2.7 Implementation of the OCI
Corporate Strategic Plan
Foreword
The Office of the Correctional Investigator (OCI)
has now fully implemented the Corporate Strategic Plan it formally adopted in January
2002. As explained below, the implementation process has resulted in significant
change to all aspects of our operations and enhanced the value and the quality of
the results provided by the
OCI to Canadians. In that spirit, the
OCI has also continued to explore new strategic directions.
Strategic Direction I - Modern Human Resource Practices
The focus therein on the overall improvement of
OCI's approach to Human Resources (HR),
through the implementation of modern human resources practices. The ultimate goal
is essentially to ensure that the
OCI recruits, retains and generally manages its workforce so that
it provides services of optimal quality and value to Canadians. The implementation
of the HR-related action commitments
in its strategic plan has yielded the following benefits in that regard:
In March 2002, a new Corporate Services management position, that of Coordinator
of Corporate Services and Planning, was staffed. The incumbent has assumed the coordination
of all HR-related activities from the
Directors of Investigations. This reconfiguration of roles and responsibilities
has led to a more streamlined HR management
process and allowed the Directors of Investigations to concentrate their efforts
on the investigative process.
While it experienced slightly longer than expected delays in the staffing process,
the OCI now has
a full complement of employees in all its indeterminate positions. The stability
of the OCI workforce
has been a critical element for success not only in the full and timely implementation
of the strategic plan, but in further improving the level and quality of services
offered by the OCI
to Canadians.
Simultaneously, with the formal adoption of its strategic plan in January 2002,
the OCI established
Management and Policy Committees. Both these committees have proven to be most effective
in addressing in a structured fashion on-going and emerging issues in all operational
areas covered in the five strategic directions outlined in the Plan, including Human
Resources.
In order to ensure that its staff has timely access to the right information when
it intervenes for or on behalf of Canadians, the
OCI has adopted an Internal Communications Plan. Fifteen (15) new
formal position papers on key systemic issues have been developed. These, along
with both the agendas and minutes of the
OCI's Management and Policy Committee meetings, can now be accessed
by all OCI employees,
within electronic information banks which have been restructured for greater user
friendliness.
The OCI has also
developed and implemented an External Communications Plan. Media were successfully
assisted in providing broader reporting to Canadians, about the
OCI's performance and recommendations, notably through enhanced coverage
of its Annual Report.
Also achieved are improved and more frequent communications with the
OCI's government and non-government stakeholders and this, in large
part, due to the OCI's
staffing of several key management positions; notably those of Coordinator of Federally
Sentenced Women (FSW) Issues
and Coordinator of Aboriginal Issues. The Correctional Service of Canada (CSC)'s staffing of its positions
of Director General Aboriginal Affairs and Director General Women has also proven
to be helpful. These positions are key contact points for our Coordinators and as
such, greatly facilitate OCI-CSC communications in these
complex and sensitive areas.
Aware of the impact of the departure of critical personnel on the operational effectiveness
of a small agency, the OCI
has developed and implemented a succession plan.
The OCI has also
instituted a formal employee performance review system.
OCI managers have now held pre-appraisal meetings with their respective
employees. Formal performance appraisal has and will continue to take place, as
per the schedule established in accordance with
OCI policy. Individual career plans and job specific training are
then afforded considerable attention.
In order to better meet the needs of the increasingly diverse Canadian population,
all OCI staff
have now received basic equity training in a workshop facilitated by S. Neiman and
Associates, a well-established consulting firm which offers specialized courses
in human rights issues and legislation.
Directly related to its stated aim of recruiting and retaining the best employees,
the OCI has developed
a formal plan to enhance its recruitment and retention practices. It has reviewed
and renewed its staffing and selection process including the use of selection boards
and formal criteria for candidates. It has also developed and implemented a formal
orientation plan, so that new employees can more quickly integrate its operations
and by extension, to begin providing valuable services to Canadians.
Finally, the OCI
has very recently held its first formal employee satisfaction survey. Among its
key findings was the need to revisit the issue of professional development. An action
plan was approved by the OCI
Management Committee. It calls for the broad consultation of
OCI staff, the adoption and subsequent implementation of a revised
Employee Training Plan.
Strategic Direction 2 - Renewal of Internal Business Processes
The focus therein was the re-engineering of the tools, methods and internal practices
that constituted the OCI's
service delivery model. The ultimate goal pursued and now largely achieved was to
optimize the efficiency, effectiveness and economy of the said model, to ensure
that the OCI
is able to more easily anticipate and respond more adequately to any and all changes
in demand for its services.
As mentioned above, the adoption of the Corporate Strategic Plan in January 2002,
led to the creation of the
OCI Management and Policy Committees. In view of the relatively small
size of our Agency, these Committees were then viewed and have since proven to be
the best vehicles to manage and foster acceptance and support for change within
the OCI.
The OCI has re-designed
the front-end of its Contacts Tracking System (CTS),
after a review of its information and reporting needs. The new version was extensively
field-tested and after further modification, became operational on 29 November 2002.
Comments received since then from CTS
users confirm that the new version of the software has considerably streamlined
the data entry process.
In May 2002, the OCI
developed an Integrated Planning Framework, relating priorities, service level metrics
and resources to logic model. Implementation of the Planning Framework, which occurred
on 1 December 2002, required staff training and modifications to our information
system DATIS, to
allow for the gathering and reporting of data related to
OCI's performance indicators.
Critical on the path to implementation was a strategic planning retreat held in
November 2002, where a consensus was reached on the annual investigative priority
planning cycle, the top five issues and the methods, strategies and resourcing contemplated
for each regionally and nationally and the
OCI's approach to performance measurement and corporate accountability.
Noteworthy for our reader is that this priority setting was not designed to be a
static process, but a dynamic one, defined and governed by the annual investigative
priority planning cycle. Accordingly, priorities that were initially identified
have already changed and are likely to change again, as a result of the formal and
comprehensive review held on a quarterly basis.
As mentioned above, the OCI
has established Management and Policy Committees to address ongoing and as they
arise, new issues related to all operational areas encompassed in the five strategic
directions of the Plan, including internal business processes. The timely sharing
of both the agendas and minutes of these committees with
OCI staff has resulted in better internal management through openness
and accountability.
In order to ensure that staff have all the right information at the right time,
the OCI has significantly
modified and improved its Contact Tracking System (CTS),
notably as previously mentioned in the streamlining of the data entry process but
also in terms of its capacity to generate management information. On November 1,
2002, the OCI
integrated CTS and its other
electronic information holdings in one system - the Data Access and Tracking Information
System (DATIS).
All OCI staff
received training on DATIS
on 15 November 2002 and the new system became operational on 29 November 2002. The
comprehensive nature of the information instantly accessible to the investigative
staff through DATIS
has since proven to be a significant factor in improving the quality and timeliness
of the services provided by the
OCI to Canadians.
The OCI has also
developed and implemented, after extensive field testing, a Balanced Institutional
Scorecard - an evaluation tool to gauge and compare the performance of all institutions
on specific systemic issues (areas of concern). The Balanced Scorecard has proven
its value in terms of yielding vital information for reporting and planning purposes.
Further efforts have also been undertaken in other administrative areas. The OCI Support Staff
following extensive training have now fully assumed the role of Intake Officers,
fielding calls for basic information or referrals and thus allowing the investigative
staff to focus on the more complex cases. The
OCI has also re-engineered its mail systems; integrating its National
Correspondence Tracking and Bring Forward System in
DATIS. Finally, the
OCI has now finalized its new Policy and Procedures Manual.
Strategic Direction 3 - Enhanced Accountability
Stemming from the identified need for the
OCI to adopt an integrated approach towards planning and management
of operations, the focus was on accountability in this regard, at the corporate
level, and on an individual basis, of all
OCI staff. The ultimate goal pursued and to a large extent now achieved
was the promotion by timely information sharing and various other means, of individual
and collective responsibility for the
OCI's overall performance.
As mentioned above, the agenda and minutes of both Management and Policy Committee
meetings are shared on a timely basis with all
OCI staff. Moreover, Directors of Investigations hold monthly meetings
with the investigative staff, at which systemic and performance-related issues are
thoroughly discussed and debated.
Externally, the OCI
has also significantly increased the frequency and quality of its discussions on
systemic and performance related issues with its government and non-government stakeholders.
Greatly facilitating this improved dialogue has been the staffing by both the OCI and the Correctional
Service of Canada (CSC)
of key management positions, notably with regards to Aboriginal Affairs and Federally
Sentenced Women.
Also of great benefit to the
OCI has been the implementation of the Integrated Planning Framework
and the Institutional Balanced Scorecard. It now has greater ability to gather,
at both the institutional and inmate specific levels, all the performance-related
information it requires not only to focus its interventions, but also to support
the recommendations it makes on behalf of Canadians to improve the federal correctional
system.
Indicative of the importance placed on the timely access to the right information
is that all performance appraisals completed so far, at both the Director and Investigator
level, contain explicit observations relating to the use of
OCI specific and CSC
electronic information holdings. Moreover, the inclusion of appropriate use of the
latter, both as an objective and subject of observations in the subsequent performance
appraisal, has now been fully integrated and standardized within the
OCI's HR management policies
and procedures.
In its revised Corporate Strategic Plan, the
OCI has begun to chart the course for two new strategic directions,
Young Offenders and Elderly Offenders. The first steps have already been taken in
identifying these strategic directions as "areas of concern" within its investigative
process. Future progress will be largely dependent on the availability of additional
resources.
Finally, the OCI
has also instituted a three-year planning cycle. Accordingly, it will now engage
in projecting, mostly in the form of performance targets in its areas of concern
and specialized services, its operations for a further two planning years beyond
its annual investigative priorities setting exercise.
Strategic Direction 4 - Realignment of Service Delivery Model
The focus therein was on the re-engineering of the
OCI's organizational structure, in alignment with its new logic model.
The ultimate goal pursued and now achieved was to ensure that
OCI applies the right resources at the right time to its priority
demand areas.
As in the other strategic directions outlined in the Plan, it is the
OCI Management Committee which addresses on-going issues and as they
arise, new issues related to the realignment of the Service Delivery Model.
At this point in time, the
OCI has finalized and implemented the reclassification of all permanent
positions in alignment with its logic model. It has also redefined Roles and Responsibilities
and this, in a fashion consistent with the latter.
Relieved of routine investigative duties in October 2002, the Coordinator of Aboriginal
Issues became able to fully assume his portfolio. Accordingly, the
OCI's ability to offer specialized services to the Aboriginal Offender
population, at an appropriate level, has significantly improved.
The OCI's Coordinator
of Aboriginal Issues is now a member of a special advisory committee on Aboriginal
Affairs, on which are also represented all national Aboriginal organizations. He
has also held individual meetings with various non-governmental organizations involved
in Aboriginal Issues, such as the Assembly of First Nations (AFN),
Pauktuutit (Inuit Women's Association) and the Inuit Tairiit Kanatami.
On a more operational level and consistent with the
OCI's Logic Model, the Coordinator of Aboriginal Issues has initiated
an on-going schedule of meetings with
CSC Managers involved in Aboriginal corrections, at the institutional
(local), regional and national levels. These meetings have already yielded a number
of action commitments on the part of the Correctional Service of Canada (CSC). As examples, let us mention
the undertaking to improve the services offered to the Aboriginal offender population
in the Ontario and Quebec regions. Also noteworthy is the Service's commitment to
proceed with the formal accreditation of the TUPIQ program for Inuit offenders.
Finally, the national and regional levels of
CSC have undertaken to further improve their communications/coordination
of effort in the services and programs they respectively provide to the Aboriginal
Offender population.
In October 2002, the OCI
staffed the position of Coordinator of Federally Sentenced Women (FSW)
Issues. Accordingly, the OCI's
ability to provide specialized services to
FSW has significantly improved.
The Coordinator of FSW Issues
has since participated in numerous meetings throughout Canada with government and
non-government organizations involved with women offenders. As an example, let us
mention the OCI's
consultations with both the Canadian Association of Elizabeth Fry Societies and
the Canadian Human Rights Commission with regard to a major review by the latter
on the treatment of women serving federal terms of incarceration.
On a more operational level and consistent with the
OCI's Logic Model, the Coordinator has allowed our agency to better
focus its efforts vis-à-vis the female offender population and increase its
consistency in addressing the concerns raised by this population.
Finally, the OCI
has now reduced the backlog of Use of Force and Section 19 investigation files to
manageable proportions. Achievement of this goal was significantly hampered by a
very large and steady volume of cases, notably with regard to Use of Force. Helpful
has been the adoption of new screening criteria, the establishment of a process
with CSC to ensure a timely
and consistent process of review, and the dedication, through strictly internal
reallocation, of additional resources.
Strategic Direction 5 - Ongoing Performance Measurement Strategy
The focus therein was on the validation of the data to be collected to measure performance,
inclusive of the collection process. The ultimate goal pursued and now reached is
the assurance that the OCI
has a complete and reliable base of information for evaluation and decision-making
and is thus able to more easily anticipate and respond more adequately to changes
in the demand for its services.
At the conclusion of a careful review and analysis by its investigative staff, the
OCI has now determined
the nature of the optimal methods of collecting the data it needs to manage its
investigative process.
As mentioned above the OCI
has, after much trial and error in the field testing of the prototype, integrated
and standardized the use of the Institutional Balanced Scorecard in
its performance measurement and evaluation strategies. Noteworthy is that the Scorecard's
usefulness in that regard has grown exponentially, as
OCI investigators gain experience in using it to identify, evaluate
and report on changes over time in the performance of institutions to which they
are assigned.
2.8 Performance Accomplishments
The primary function of the Correctional Investigator is to independently investigate
and attempt to bring resolution to individual offender complaints. The Office as
well has a responsibility to review and make recommendations on the Service's policies
and procedures associated with the areas of individual complaint to ensure that
systemic areas of concern are identified and appropriately addressed. This year's
Annual Report contains observations and specific recommendations in many such areas,
including transfers, double bunking, case preparation and access to programming.
In so doing the Office aims to assure the Canadian public that the federal correctional
system is managed efficiently, equitably and fairly. All complaints received by
the Office are reviewed and initial inquiries made to the extent necessary to obtain
a clear understanding of the issue in question. After this initial review, in those
cases where it is determined that the area of complaint is outside our mandate,
the complainant is advised of the appropriate avenue of redress and assisted when
necessary in accessing that avenue. For those cases that are within our mandate,
the complainant is provided with a detailing of the Service's policies and procedures
associated with the area of complaint. Where deemed necessary, an interview is arranged
with the offender.
In addition to responding to individual complaints, the Office meets regularly with
inmate committees and other offender organizations and makes announced visits bi-annually
at each institution during which the investigator will meet with any inmate, or
group of inmates, upon request.
From 1 April 2002 to 31 March 2003, the Office received 6,988 contacts with or on
behalf of offenders, compared to 7,993 contacts during the previous fiscal year.
The Office's investigative staff spent 373 days at federal penitentiaries and conducted
2,451 interviews, compared to 2,838 interviews during the previous reporting period.
EXHIBIT 4 - Number of Contacts Received from Offender Population
EXHIBIT 5 - Interviews Conducted with Offenders
Above and beyond the cyclical nature of demand for our services, the decrease in
the number of contacts with individual offenders can largely be attributed to the
OCI's gradual
shift to a more systemic approach towards dispute resolution.
Reflective of this shift are the actions taken at the regional and national levels
by the Coordinators of Federally Sentenced Women and Aboriginal Issues. Also indicative
is the increase in the number of meetings (350 as opposed to 300 last fiscal year)
that the OCI
has held with various offender organizations within federal institutions, including
inmate committees, lifer groups, black inmate associations, native brotherhood and
sisterhoods.
In order to comply with the recommendations of the Arbour Commission4, the Office reviewed 1,127 Institutional Emergency
Response Team (IERT)
videotapes and other documentation, related to Use of Force incidents, compared
to 1,037 in the previous fiscal year and 546 in 2000-2001.
Throughout the current reporting year, the
OCI observed that, consistent with its Logic Model, its recommendations
contributed in varying degrees to improvements in
CSC's policies, procedures and practices with regard to the use of
force.
Noteworthy in this respect are CSC's
efforts to consistently gather the version of inmates involved in Use of Force incidents,
initiatives taken to modify modes of
IERT intervention in some regional mental health units and the clarification,
through the issue of a CSC
Security Bulletin in December 2003, of the requirements in terms of post-spontaneous
incident videotaping.
For the benefit of our readers who may be less familiar with the field of corrections,
the objective of the OCI's
recommendations is to ensure that the use of force against inmates is not abusive
or excessive and that it is well documented, when it must occur, so that the entire
process is open and transparent. This objective is not only consistent with the
strategic outcome outlined in the
OCI's Logic Model, but also with the expectations of Canadians regarding
the treatment of inmates.
In view of the corrective actions taken by
CSC, the OCI,
which has streamlined its review process, will continue to focus its efforts on
Use of Force incidents which occur in institutions/regions that present significant
difficulties of compliance at the legal, procedural or policy levels.
During the course of the current reporting period, the
OCI has also reviewed 120 Correctional Service of Canada (CSC)
investigation reports pursuant to Section 19 of the Corrections and Conditional
Release Act (CCRA).
The OCI remains
concerned with the timeliness of these investigations, which must be conducted following
the death or serious injury to an inmate. It is also concerned by timeliness of
the provision by CSC of
a draft or final investigation report to the
OCI, as per the CCRA.
Discussions between OCI
and CSC on these issues
are ongoing. The OCI's
objective will be, in keeping with the outcomes outlined in its Logic Model, to
ensure that any shortcoming in the safe and secure custodial environment Canadians
legitimately expect their penitentiaries to be, is promptly investigated and rectified.
In the course of its investigative and review efforts, the
OCI has, in accordance with its Logic Model, engaged the Correctional
Service of Canada (CSC)
in an on-going dialogue regarding the recommendations it made in its 2001-2002 Annual
Report and new issues that emerged during the current reporting period.
As a result, the Correctional Service has, as outlined above, undertaken to proceed
with corrective actions in a number of areas, notably aboriginal corrections, Section
19 investigations, transfers and elderly offenders. The impact of these actions
should be coherent with the intermediate outcomes identified by the
OCI in its Logic Model, contributing towards a more responsible, humane,
fair and effective correctional system for the greater benefit of all Canadians.
In the final analysis, the Office's activities and outcomes are consistent with
its Logic Model and legislative mandate. While exercising due regard for economy,
efficiency and effectiveness, the Office has increased its contribution to the safe,
fair, humane and equitable treatment of offenders under federal jurisdiction.
In providing a viable and credible outlet for the tensions and pressures that inevitably
develop within penitentiaries, the Office contributes to the reduction of costly
disturbances and other acts of violence. The Office also contributes to the safety
of all communities by helping to ensure that federal offenders who are released
have not only been dealt with fairly and humanely but have also been provided with
appropriate assistance in their bid to become law abiding citizens.
Annex A
Financial Performance Overview
Financial Table 1
Summary of Voted Appropriations
Financial Requirements by Authority (thousands)
Office of the Correctional Investigator
Correctional Investigator - Salary and motor car allowance
Contribution to employee benefits plan
Financial Table 2
Comparison of Total Planned Spending to Actual Spending
Departmental Planned versus Actual Spending
Less: Respendable Revenues
Other Revenues and Expenditures
Cost of services provided by other departments
Financial Table 3
Historical Comparison of Total Planned Spending to Actual Spending
Historical Comparison of
Departmental Planned versus Actual Spending ($ millions)
Office of the Correctional Investigator
Annex B
Other Information
i) Contacts for Further Information
Correctional Investigator
P.O. Box 3421
Station "D"
Ottawa, Ontario
K1P 6L4
P.O. Box 3421
Station "D"
Ottawa, Ontario
K1P 6L4
ii) Agency Website
www.oci-bec.gc.ca
iii) Agency E-Mail Address
org@oci-bec.gc.ca
iv) Legislation and Associated Regulations Administered
Corrections and Conditional Release Act, Part III. (R.S.C., 1992, Ch. 20).
v) Statutory Annual Reports and Other Agency Reports.
Annual Report of the Correctional Investigator.
Notes
1 Variance of + 65K over 2001-2002
reflects the OCI's
gradual transition to a systemic approach to problem resolution (see sections 2.7
and 2.8 below for more information).
2 Variance of + 90K over 2001-2002
reflects the internal reallocation of funds to deal with the backlog of cases and
the further increase in the number of new cases submitted by
CSC (see sections 2.7 and 2.8 for more information).
3 Actual cost of activity was lower
than expected given delays in staffing position of
FSW Coordinator and relieving the Coordinator, Aboriginal Issues,
of routine investigative duties (see section 2.7 for more information).
4 The Honourable Louise Arbour, Commission
of Inquiry into Certain Events at the Prison for Women, 1996.