Departmental Performance Report
For the
period ending
March 31, 2005
The Honourable Anne McLellan, P.C. M.P.
(Minister of Public Safety and Emergency Preparedness Canada)
TABLE OF CONTENTS
SECTION I: OVERVIEW
A. Correctional Investigator's Message
B. Management Representation Statement
C. Summary Information
D. Overall Departmental Performance
SECTION II: ANALYSIS OF STRATEGIC OUTCOME
2.1 OCI
Logic Model
2.2 Planned RPP-PAA and Actual Spending, 2004-2005
SECTION III: SUPPLEMENTARY INFORMATION
SECTION IV: OTHER ITEMS OF INTEREST
A. Government on-line
B. Statutes and Regulations
C. Reports and Discussion Papers
D. References
Section I: Overview
A. Correctional Investigator's Message
My Office is mandated to assist in the resolution of complaints of federal offenders.
As Canada's federal prison Ombudsman, I firmly believe that effective and responsible
oversight of correctional operations is accepted by Canadians as an essential element
of an open and accountable criminal justice system.
Canadians legitimately expect that their federal correctional system is fair, safe,
humane and equitable. They also rightfully expect that when this is not the case,
problems will be identified and addressed in a timely and reasonable fashion. To
ensure that these expectations are fully met is both our raison d'être and
the strategic outcome my Office strives to achieve on behalf of Canadians.
The past year has been an exceptionally productive and challenging one for the Office
of the Correctional Investigator (OCI).
The formal adoption of a new Program Activity Architecture (PAA),
within a Management Resources and Results Structure (MRRS),
resulted in significant and ongoing efforts to further refine our performance measurement
and reporting framework.
On the operational level, the Office has achieved an unprecedented level of presence
within federal institutions, enabling more than ever the implementation of a holistic,
proactive, timely and effective approach to addressing offender problems. The Office
has maintained its strategy of focusing its investigative efforts on longstanding
"areas of concern"; resulting in noteworthy policy and operational improvements
by managers of the Correctional Service of Canada (CSC).
Our efforts to improve the correctional treatment afforded by
CSC to historically disadvantaged segments of the offender population,
notably Aboriginal Offenders, Women Offenders and offenders with mental health issues,
will continue.
At year end, the OCI
successfully put forth a plan, in the context of the broader governmental "Strengthening
the Community Initiative", to focus greater attention on the effective provision
of mental health services to offenders. This is consistent with the government-wide
initiative of promoting safer communities through the successful reintegration of
all offenders as law abiding citizens.
At the dawn of a new fiscal year, I remain preoccupied not only with the high number
of concerns brought to my Office's attention by or on behalf of offenders, but also
by the persistent nature of some issues, despite our generally successful efforts
to work with the Service to find solutions. We will continue to foster a relationship
that will help to resolve these outstanding issues on a more systemic basis.
Howard Sapers
Correctional Investigator
B. Management Representation Statement
Management Representation Statement
I submit, for tabling in Parliament, the 2004-2005 Departmental Performance Report
(
DPR) for the Office
of the Correctional Investigator
This report has been prepared based on the reporting principles contained in the
Treasury Board of Canada Secretariat's
Guide for Preparation of the 2004-05 Departmental
Performance Reports:
- It adheres to the specific reporting requirements;
- It uses an approved Business Line structure;
- It presents consistent, comprehensive, balanced and accurate information;
- It provides a basis of accountability for the results pursued or achieved with the
resources and authorities entrusted to it; and,
- It reports finance based on approved numbers from the Estimates and Public Accounts
of Canada.
Name: __________________________
Title: ___________________________
Date: ___________________________
C. Summary Information
Agency's Raison D'être and Strategic
Outcome
Highly valued by Canadians is the democratic nature and respect of the Rule of Law
by all of their federal government's departments and agencies. Of particular importance
in that regard are governmental programs which have a significant and direct impact
on the freedom, health, safety and human rights of individual citizens and/or of
the more vulnerable segments of our society.
Canadian federal offenders who are under the care and control of the Correctional
Service of Canada (CSC)
represent such a group. Canadians expect that the federal government will, in the
exercise of democratic checks and balances, closely monitor its correctional system
to ensure that it is fair, safe, humane and effective, and that any problems will
be identified and resolved in a timely and reasonable fashion.
To ensure that this expectation is met is both the raison
d'être and the strategic outcome the Office of the Correctional
Investigator (OCI)
strives to achieve on behalf of Canadians.
Agency's 2004-2005 Financial and Human Resources
|
Office of the Correctional Investigator
|
2004-2005
|
|
($ thousands)
|
Main Estimates
|
Planned Spending
|
Total Authorities
|
Actual Spending
|
|
Operating Expenditures (Vote 50)
|
|
Salaries
|
1,806
|
1,806
|
1,817
|
1,756
|
|
O&M
|
752
|
752
|
880
|
694
|
|
Total
|
2,558
|
2,558
|
2,697
|
2,450
|
|
Contributions to employee benefit plan (Vote 5)
|
388
|
388
|
421
|
421
|
|
Grand Total
|
2,946
|
2,946
|
3,118*
|
2,871
|
|
Full Time Equivalents
|
22
|
22
|
22
|
22
|
* Variance reflects adjustments obtained since the Main Estimates, inclusive of
Supplementary Estimates, etc.
Summary of Performance in Relationship to Departmental Strategic Outcome and
2004-2005 RPP Priorities
In its 2004-2005 Report on Plans and Priorities (RPP),
the OCI essentially
reiterated the three priorities it had first identified in its January 2002 Corporate
Strategic Plan. These priorities are consistent with our logic model (see
Exhibit 2.1 below) and are essentially linked to our
raison d'être. They are also fundamental to the attainment
of the Strategic Outcome of our program activity, the identification and resolution
in a timely and reasonable fashion of the problems encountered by offenders in the
federal correctional system.
In all three priorities, the
OCI has managed, but not without challenges, to address and in some
regards, exceed its performance standards. These priorities are presented below,
along with a summary of our performance. We refer our reader to section II below
for more information.
1. Optimal Frequency of Institutional Visits
The Office's investigative staff spent a record of 427 days in federal penitentiaries
and conducted 2,486 interviews, compared to 409 days and 2,517 interviews during
the last fiscal year.
This decrease in the number of individual offenders interviewed, despite the greater
number of days spent, is consistent with past
OCI performance and reflects its gradual shift to a more global and
proactive approach to offender problems.
OCI investigative staff is investing more and more time and resources
in meeting, advising and debriefing both offender groups and
CSC institutional managers and staff.
In the final analysis, the
OCI's increased accessibility has resulted in both individual and
systemic areas of concern being identified and resolved in a more timely, efficient,
effective and reasonable fashion.
2. Specialized Services to Women Offenders and Aboriginal Offenders
The specialist position of Coordinator of Women Offender Issues was created within
our organizational structure during fiscal year 2002-2003.
Accordingly, our Office has been able to maintain an investigative process for women
that is thorough, objective, timely, culture and gender sensitive. Our coordinator's
approach has been, through direct contact with individual offenders and offender
groups, to provide advice and direction on the Service's policies and procedures.
The outcome has been that women offenders deal more effectively with
CSC in addressing their problems.
While the OCI
has continued in fiscal year 2004-2005 to have a significant impact on the identification
and resolution by CSC
of individual women offender complaints, it has been less successful in influencing
CSC towards resolving
a number of significant systemic and long-standing areas of concern. The OCI continues to have
concerns with the level of CSC's
responsiveness to its interventions and recommendations on a broad range of issues,
including the continued existence of discriminatory practices in terms of security
classification, administrative segregation, access to programs, and the lack of
post-release support and accommodation, particularly for Aboriginal Women Offenders
in their home communities.
On a positive note, fiscal year 2004-2005 was marked by the closure of the last
women's unit within a male institution. All women's facilities are now reviewing
newly admitted women that have been sentenced to life and subject to spending the
first two years of incarceration in a maximum security, to determine if they can
be safely reclassified to lower security. Finally,
CSC has identified champions in each of the facilities in order to
ensure women are informed of the services offered by the Okimaw Ohci Healing Lodge
to assist women in applying for transfers to this Institution. This should increase
awareness of the Lodge within the offender population and will hopefully give Aboriginal
Women Offenders more access to Aboriginal-specific programming.
While the position of Coordinator of Aboriginal Offender Issues was also created
within our organisational structure during fiscal year 2002-2003, the departure
on medical leave of its occupant in January 2004 has meant that its duties have
been assumed by all members of the
OCI Senior Management Team and by, an acting Coordinator since October
2004. The absence of a full time Coordinator for the better part of fiscal year
2004-2005 has placed an additional strain on the
OCI's limited resources and to prevent any permanent impact on program
integrity, the OCI
has begun discussions with both the Department and Treasury Board regarding the
provision of additional funding.
Throughout fiscal year 2004-2005, the
OCI has maintained an investigative process for Aboriginal Offenders
that is thorough, objective, timely and culture-sensitive. Direct contact with individual
offenders, Aboriginal offender groups, and a broad range of individuals (native
elders, native liaison officers) and organizations involved in Aboriginal corrections
has been the approach favoured by the Office of the Correctional Investigator.
As was the case for Women Offenders, our success in influencing
CSC to resolve Aboriginal issues during this reporting period has
been mostly with regard to individual cases, rather than systemic and long standing
areas of concern. The Service's reluctance to act on our recommendations concerning
the appointment of a Deputy Commissioner Aboriginals and the independent review
of its policies and evaluation tools has left many of the systemic issues unaddressed.
The discriminatory barriers to timely conditional release, previously identified
by this Office, such as security classification and program access, remain evident
and will continue to be pursued.
On a positive note, CSC
has undertaken reviews of its programs for Aboriginal, Métis, and Inuit offenders.
CSC has also increased
its contacts with Aboriginal organizations and sought their advice, notably in implementing
effective community initiatives. As a result, a limited number of Aboriginal pilot
programs and specialized living arrangements, such as partnership agreements with
Aboriginal committees for supervision and care of Aboriginal offenders have been
successfully implemented.
3. Timely Review and Follow-up of s.19 Investigations and Use of Force Videotapes
Towards the end of fiscal year 2003-2004, the Service adopted new standards, further
to the OCI's
recommendations, to improve the timeliness of its investigative process into incidents
resulting in offender death or serious injury.
The OCI monitored
CSC's compliance with
these revised standards throughout 2004-2005. It continued, despite interventions
and recommendations for corrective action, to note and bring to
CSC's attention the unacceptably long delays at both the front end
(convening of investigations, striking of boards) and at the back end (the presentation
of the report to the Service's Executive Committee) of its s.19 investigative process.
In keeping with its strategic outcome of timely identification and resolution of
offender issues, the OCI
will continue urging CSC
to eliminate the delays in its s.19 investigative process.
In the area of Use of Force, the
OCI continued to be involved in discussions with
CSC officials at the regional and national levels, and was involved
in the delivery on-going Use of Force training, to
CSC institutional staff. The
OCI's monitoring of Use of Force by
CSC against offenders throughout this report period allows
it to conclude that there continues to be improvement with adherence to established
policies and procedures by CSC
managers and staff at all levels. Finally, the
OCI has and will continue to work collaboratively with
CSC towards the refinement of Use of Force policies and procedures
regarding interventions involving inmates with mental health issues.
D. Overall Departmental Performance
Corrections is a difficult and at times thankless business, yet it is a key element
of the Canadian criminal justice system. The mandate of the Correctional Service
is to manage the sentence of the court consistent with the rule of law, respectful
of individual and collective human rights while giving primacy to the protection
of the public. Canadians expect a correctional system that provides safe, humane
custody which supports the offenders' successful reintegration into society.
The primary function of the Correctional Investigator, as an Ombudsman for federal
offenders, is to independently investigate and facilitate resolution of individual
offender complaints. The Office as well has a responsibility to review and make
recommendations on Correctional Service policies and procedures associated with
areas of individual complaint to ensure that systemic areas of concern are identified
and appropriately addressed. The presence of independent oversight promotes correctional
practices which respect the rule of law and strengthens the public's confidence
in their correctional system.
We approach this function, as do many other oversight agencies, with limited resources
and an incessant demand for our services. The Office last year managed nearly eight
thousand offender complaints. The investigative staff spent more than four hundred
working days in federal penitentiaries, interviewed twenty five hundred offenders
and met regularly with inmate organizations at every institution in the country.
As well, a multitude of systemic areas of concern were reviewed on an ongoing basis
with senior correctional officials at the institutional, regional and national levels
of the Service.
Beyond the issues associated with the demanding workload are the unique characteristics
of the correctional environment and the public we serve. There is a high level of
mistrust between the keepers and the kept. The areas of concern raised on complaint
often have an immediate and ongoing impact and in many instances involve rights,
liberty or personal safety issues. The disadvantaged elements of our society, minorities,
those with mental health problems and the poor, are significantly over represented
in our penitentiaries. There is limited public understanding of the correctional
process and as a group; federal offenders curry little public support.
These factors present a challenge to the traditional Ombudsman approach of facilitating
a resolution to issues. Within the correctional environment the formal internal
avenues of redress are viewed by offenders with suspicion, and informal resolution,
absent of third party intervention, is seldom achieved. A good number of complaints
are time sensitive and do not lend themselves to a thorough investigative process
with formal findings and recommendations, they require immediate intervention and
response. The diversity of the inmate population requires a specific focus, for
example, on areas of concern related to Aboriginal and women offenders. The public
reporting on unresolved areas of concern designed to focus attention on injustices
or unfair practices, given the public's perception of the offender population, does
not always have the intended result.
The key to meeting these challenges, in combination with a highly skilled and dedicated
workforce, lie in ensuring that we are both accessible and responsive to the offender
population. The implementation of our Corporate Strategic Plan in 2002-2003 and
subsequent refinements have resulted in a number of significant operational adjustments.
Externally, the Office has considerably stepped up its criminal justice community
outreach and public education activities. Both
OCI management and staff have established linkages with and disseminated
information about our agency's mandate, role and responsibilities to various interested
parties, through meetings, seminars and conferences at the local, provincial, national
and international level.
Internally, the Office has provided increased training and developed more focused
reference materials for our intake staff so that offender complaints which can be
dealt with through the provision of information, assistance or referral are addressed
in a timely manner. A twenty-four hour a day toll free number was introduced and
has proven an invaluable tool in dealing with emergency complaints. We have further
increased the frequency of our institutional visits and formalized our meetings
with offender organizations, such as Inmate Committees, Native Brotherhoods and
Sisterhoods, Black Inmate Associations and Lifer Groups.
Our debriefing process at the conclusion of institution visits with Wardens has
been restructured to ensure that those areas of concern which can be resolved are
dealt with in a timely fashion. We have as well identified specific "areas of concern"
which investigators review with institutional managers during each visit. These
areas are a combination of issues frequently raised on complaint and issues associated
with rights or liberty concerns such as segregation, the internal grievance process
and involuntary transfers.
The Office has established two positions with specific responsibility for coordinating
Aboriginal and Women offender issues. These Coordinator positions in addition to
their review of individual and systemic complaints, have maintained an ongoing liaison
with both government and non-government agencies active in the areas of Aboriginal
and Women's human rights and criminal justice issues. These relationships are important
in ensuring that the Office's position on these matters is both well informed and
broadly based.
A number of other initiatives in direct support of our investigative process have
been undertaken. The Use of Force Coordinator in conjunction with managing a process
that review up to a thousand incidents annually has developed a consultation procedure
with the Service's regional and national managers which has resulted in greater
consistency in their analysis of use of force incidents. We have initiated at the
national level a more focused process to ensure that the position of the Office
on those issues directly impacting on inmate rights and entitlements are given consideration
by the Service during the course of their policy development and review. The Office
has further strengthened its consultation and reporting structures at both the regional
and national levels to ensure that unresolved and ongoing areas of inmate concern
are referred to the Service's senior management in a timely fashion and followed-up
in a manner that promotes effective resolution.
In the final analysis, the ultimate aim of all of the above efforts is the achievement
of the OCI's
strategic outcome which is to ensure that the complaints of offenders in the federal
correctional system are identified and resolved in a timely and reasonable fashion.
In doing so, the OCI
expresses the conviction that it is both the offender's and society's best interests
if reintegration occurs with the highest potential, at the outset, for achieving
and maintaining the status of law-abiding citizen. In that sense, the
OCI is well aligned with the broader government strategic outcome
of Safe Communities[1]
At another level, the OCI's
efforts to improve the correctional treatment offered to Women Offenders and Aboriginal
Offenders, along with its advocacy on a broad range of human rights issues, are
well aligned with the broader governmental strategic outcomes of Diversity as a
Fundamental Canadian Value and Healthy Aboriginal Communities[1].
[1] (1,2) Treasury
Board of Canada, Canada's Performance Annual Report to Parliament (Report of the
President), 2004, pages 51-57, and 83-91.
Section II: Analysis by Strategic Outcome
The Logic Model presented below illustrates the
OCI's views of its service delivery methods to support its mandate
and achieve its strategic outcome of timely and reasonable identification and resolution
of problems encountered by federal offenders.
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.
2.1 OCI Logic
Model
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, which will be available on our website
(www.oci-bec.gc.ca) as soon as it is tabled
in Parliament, contains observations and specific recommendations in areas such
as Women Offenders, Aboriginal Offenders, Mental Health Services, Inmate Grievances,
Allegations of Harassment and Staff Misconduct. In doing so, the Office aims to
assure the Canadian public that significant areas of concern, related to Corrections,
are being addressed.
All complaints received by the Office are reviewed and initial inquiries made to
the extent necessary to gain 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, various options are explored to assist
the complainant in identifying a solution to his concerns. In some instances all
that may be required is an explanation of the Service's policies and procedures
associated with the area of complaint. In other cases, the offender is referred
directly to CSC staff
or to an internal redress mechanism, such as the inmate grievance procedure.
There are however a significant number of more challenging issues raised on complaint
in which resolution is only achieved through numerous inquiries or a lengthy and
complex investigation by the
OCI. A detailing of the complaints received and their disposition
can be found in the "statistics" section of our Annual Report.
In addition to responding to individual complaints, the Office meets regularly with
inmate committees and other offender organizations. We make announced visits bi-annually
at each institution during which time the investigator will meet with any inmate
or group of inmates upon request.
From April 1, 2004 to March 31, 2005, the Office received 7,696 complaints from
or on behalf of offenders compared to 6,892 and 6,988 complaints in 2003-2004 and
2002-2003 respectively. The office's investigative staff spent 427 days at federal
institutions, compared to 409 days and 373 during the previous two fiscal years,
and conducted 2,486 interviews, compared to 2,517 and 2,451 during the previous
two reporting periods.
Above and beyond the cyclical nature of demand for our services, the decreasing
ratio of individual offenders interview/days spent in institutions reflects the
gradual shift by the OCI
to a more systemic and pro-active approach to offender problems.
OCI investigative staff are investing more and more time during institutional
visits to meeting, advising and debriefing both offender groups and
CSC managers and staff.
In order to comply with the recommendations of the Arbour Commission[2], the Office reviewed 794 Institutional Emergency
Response Team (IERT)
videotapes and other documentation, related to Use of Force Incidents, compared
with 863 in the previous fiscal year and 1,127 in the 2002-2003.
Throughout the current reporting year, the
OCI observed, consistent with its Logic Model, that its recommendations
contributed to improvements in CSC's
policies, procedures and practices with regard to the Use of Force. This in part
is reflected in the reduction in the number of Use of Force incidents.
Among these improvements, were further refinements to guidelines regarding the Use
of Force and specifically, against offenders suffering from mental health problems.
Also worthy of mention is the overall improvement in the degree of compliance with
existing guidelines; and improvement brought about by the better training provided
by CSC, in part in response
to the OCI's
identifying consistent non-compliant issues in use of force incidents.
For the benefit of our readers who may be less familiar with the field of Corrections,
the objective pursued by 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 our Logic Model, but also with the values
and legitimate expectations of Canadians regarding the fair and humane treatment
of inmates.
During the course of the current reporting period, the
OCI also reviewed 74 s.19 investigation reports completed by the Correctional
Service of Canada (CSC).
Of particular concern to the
OCI was CSC's
compliance with the timeliness standards it had adopted, further to
OCI's recommendations towards the end of the previous fiscal year.
Throughout 2004-2005 the OCI
continued, despite interventions and recommendations for corrective action, to note
and bring to CSC's attention
the unacceptably long delays at both the front end (convening of investigations,
striking of boards) and at the back end (the presentation of the report to the Service's
Executive Committee) of its s.19 investigative process.
In keeping with its strategic outcome of timely identification and resolution of
problems encountered by offenders, the
OCI will continue to actively monitor both the quality and the timeliness
of CSC's s.19 investigations
and urging CSC to eliminate
delays in its investigative process. These concerns are directly related to those
that the OCI
has and continues to express regarding institutional violence and its detrimental
impact on the overall quality and effectiveness of the correctional treatment offered
by CSC to incarcerated
Canadians.
In the final analysis, the Office's activities, outputs and outcomes are consistent
with its Logic Model and legislative mandate. While exercising due regard for efficiency,
effectiveness and the prudent stewardship of public resources, the Office has enhanced
its contribution to the safe, humane, equitable and effective correctional treatment
of offenders under federal responsibility.
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 access to appropriate assistance in their
bid to become law abiding citizens. Its specialized services to Women Offenders
and Aboriginal Offenders, along with advocacy on a broad range of human rights issues,
are well aligned with the broader governmental strategic outcomes of Diversity as
a Fundamental Canadian value and Healthy Aboriginal Communities. Of legitimate interest
to Canadians and their elected representatives is how the
OCI has globally managed and allocated its budgetary allotment throughout
the activities included in its Program.
The following table presents the planned spending as per the 2004-2005 Report on
Plans and Priorities (RPP),
the revised planned spending further to the adoption of the Program Activity Architecture
(PAA) within a Management
Resources and Results Structure (MRRS),
and the actual 2004-2005 spending.
[2] The Honorable Louise Arbour, Commission of
Inquiry into Certain Events at the Prison for Women, 1996
2.2 Planned RPP-PAA and Actual Spending, 2004-2005
|
($ thousands)
|
Main Estimates
|
Total Authorities
|
|
Salaries
|
1,806
|
1,817
|
|
O&M
|
752
|
880
|
|
Total
|
2,558
|
2,697
|
|
Program Activity
|
($ thousands)
|
Planned Spending (RPP)
|
Planned Spending (PAA)
|
Actual Spending
|
|
Oversight of Correctional Operations
|
Salaries
|
1,506
|
1,506
|
1,536
|
|
O&M
|
752
|
625
|
540
|
|
Total
|
2,558
|
2,131*
|
2,076*
|
|
Program Sub-Activity
|
($ thousands)
|
Planned Spending (RPP)
|
Planned Spending (PAA)
|
Actual Spending
|
|
Individual Offender Complaints
|
Salaries
|
740
|
770
|
800
|
|
O&M
|
455
|
334
|
281
|
|
Total
|
1,195
|
1,104
|
1,081
|
|
|
|
Systemic Offender Complaints
|
Salaries
|
340
|
416
|
506
|
|
O&M
|
80
|
178
|
179
|
|
Total
|
420
|
594
|
685
|
|
|
|
Mandated Issues
|
Salaries
|
200
|
140
|
115
|
|
O&M
|
30
|
31
|
20
|
|
Total
|
230
|
171
|
135
|
|
|
|
Specifically Identified Issues
|
Salaries
|
226
|
180
|
115
|
|
O&M
|
80
|
82
|
60
|
|
Total
|
306
|
262
|
175
|
|
|
|
Corporate Issues
|
Salaries
|
300
|
300
|
220
|
|
O&M
|
107
|
127
|
154
|
|
Total
|
407
|
427
|
374
|
* Excludes spending on Corporate Issues
Section III: Supplementary Information
A. Organizational Information
3.1 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 Minister of Public Safety
and Emergency Preparedness Canada to both Houses of Parliament.
3.2 Mission Statement
As Canada's federal prison Ombudsman offering oversight of federal Corrections,
the Correctional Investigator contributes to public safety and the promotion of
human rights by providing independent and timely review of offender complaints.
The Correctional Investigator makes recommendations that assist in the development
and maintenance of an accountable federal correctional system that is fair, humane
and effective.
3.3 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
requires that the Office reviews all investigations performed by the Correctional
Service of Canada following the death or serious bodily injury to an inmate. The
OCI is also committed
to a similar review function with respect to Use of Force interventions, in keeping
with the recommendations of the Arbour Commission of Inquiry.
The Office of the Correctional Investigator is headed by the Correctional Investigator
who reports to Parliament through the Minister of Public Safety and Emergency Preparedness
Canada. The Agency's resources provide for 22 full-time equivalents, of which seventeen
are directly involved, as intake officers, coordinators or directors, in the day
to day addressing of inmate complaints. The total resources are 3,118,000 for the
fiscal year 2004-2005.
Exhibit 3.1 - OCI
Organization Chart
B. Financial Performance Overview
Table 1: Comparison of Planned to Actual Spending (incl. FTE)
|
|
2002-03
Actual
|
2003-04
Actual
|
2004-2005
|
|
($ thousands)
|
Main Estimates
|
Planned Spending
|
Total Authorities
|
Actual
|
|
Office of the Correctional Investigator
|
3,076
|
2,790
|
2,946
|
2,946
|
3,118
|
2,871
|
|
Total
|
3,076
|
2,790
|
2,946
|
2,946
|
3,118
|
2,871
|
|
|
|
Total
|
3,076
|
2,790
|
2,946
|
2,946
|
3,118
|
2,871
|
|
Less: Non-Respendable revenue
|
---
|
---
|
---
|
---
|
---
|
---
|
|
Plus: Cost of services received without charge*
|
233
|
256
|
258
|
258
|
258
|
258
|
|
Net cost of Department
|
3,309
|
3,046
|
3,204
|
3,204
|
3,376
|
3,129
|
|
|
|
Full Time Equivalents
|
27
|
22
|
22
|
22
|
22
|
22
|
Table 2: Use of Resources by Business Lines (or Program Activities)
|
2004-2005
|
Business Lines-BL (or Program Activity-
PA)
|
Budgetary
|
Plus: Non-
Budgetary
|
Total
|
|
Operating
|
Total: Gross Budgetary Expenditures
|
Less: Respendable Revenue
|
Total: Net Budgetary Expenditures
|
Loans, Investments and Advances
|
|
Main Estimates
|
2,946
|
2,946
|
---
|
2,946
|
---
|
2,946
|
|
Planned Spending
|
2,946
|
2,946
|
---
|
2,946
|
---
|
2,946
|
|
Total Authorities
|
3,118
|
3,118
|
---
|
3,118
|
---
|
3,118
|
|
Actual Spending
|
2,871
|
2,871
|
---
|
2,871
|
---
|
2,871
|
Table 3: Voted and Statutory Items
|
|
|
2004-2005
|
|
Vote or Statutory Item
|
Truncated Vote
or Statutory Wording
|
Main Estimates
|
Planned Spending
|
Total Authorities
|
Actual
|
|
50
|
Operating expenditures
|
2,558
|
2,558
|
2,697
|
2,450
|
|
(5)
|
Contributions to employee benefit plans
|
388
|
388
|
421
|
421
|
|
|
Total
|
2,946
|
2,946
|
3,118
|
2,871
|
Table 4: Net Cost of Department
|
($ thousands)
|
2004-2005
|
|
Total Actual Spending
|
2,871
|
|
Plus: Services Received without Charge
|
---
|
|
Accommodation provided by Public Works and Government Services Canada (PWGSC)
|
258
|
|
|
|
|
Less: Non-respendable Revenue
|
---
|
|
2004-2005 Net cost of Department
|
3,129
|
Table 5: Travel Policies
OCI Statement:
The
OCI follows
and uses
TBS Travel policy
parameters.
Section IV: Other Items of Interest
A. Government on-line
Website: http://www.oci-bec.gc.ca
Email: org@oci-bec-gc.ca
B. Statutes and Regulations
Corrections and Conditional Release Act, S.C. 1992 Part 3
C. Reports and Discussion Papers
- Shifting the Orbit - Human Rights, Independent Review and Accountability in the
Canadian Corrections System
(http://www.oci-bec.gc.ca)
- Canadian Human Rights Commission (Special Report) - Protecting Their Rights: a Systemic
Review of Human Rights in Correctional Services for Federally Sentenced Women (2003)
(http://www.chrc-ccdp.ca)
- Correctional Investigator's Response to the Canadian Human Rights Commission's Consultation
Paper for the Special Report on the Situation of Federally Sentenced Women (http://www.oci-bec.gc.ca)
- Treasury Board of Canada, Canada's Performance Annual Report to Parliament (Report
of the President), 2004 (http://www.tbs-sct.gc.ca)
D. References
Correctional Investigator
P.O. Box 3421
Station "D"
Ottawa, Ontario
K1P 6L4
P.O. Box 3421
Station "D"
Ottawa, Ontario
K1P 6L4
Coordinator, Corporate Services and Planning
P.O. Box 3421
Station "D"
Ottawa, Ontario
K1P 6L4