Departmental Performance Report
For the
period ending
March 31, 2006
The Honourable Stockwell Day, P.C., M.P.
Minister of Public Safety
(Public Safety and Emergency Preparedness)
TABLE OF CONTENTS
SECTION I: OVERVIEW
A. Correctional Investigator's Message
B. Management Representation Statement
C. Agency Program Activity Architecture
D. Summary Information
E. Agency Performance
SECTION II: ANALYSIS OF PROGRAM ACTIVITY BY STRATEGIC OUTCOME
2.1 OCI Logic Model
2.2 Planned RPP-PAA and Actual Spending, 2005-2006
SECTION III: SUPPLEMENTARY INFORMATION
A. Organizational Information
3.1 Mandate
3.2 Mission Statement
3.3 Business Line and Resources
Exhibit 3.1 Organization Chart
B. Financial Performance Overview
Table 1: Comparison of Planned to Actual Spending (incl. FTE)
Table 2: Use of Resources by Business Lines (or Program Activities)
Table 3: Voted and Statutory Items
Table 4: Net Cost of Department
Table 5: User Fee Act
Table 6: Policy on Service Standards for External Fees
Table 7: Travel Policies
SECTION IV: OTHER ITEMS OF INTEREST
A. Government on-line
B. Statutes and Regulations
C. Reports and Discussion Papers
D. References
E. Statement of Management Responsibility (Unaudited)
Section I: Overview
A. Correctional Investigator's Message
I am mandated by Parliament to act, on behalf of Canadians, as the Ombudsman for
federal offenders. I firmly believe that effective and responsible oversight of
correctional operations is highly valued by Canadians as an essential condition
of a modern democratic society and of an open and accountable criminal justice system.
Canadians rightfully expect that federal offenders will be dealt with fairly and
humanely and treated in a safe and secure custodial environment. They also legitimately
expect that when these professional standards are not met, 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.
At mid point in my mandate, I am encouraged by the significant impact my Office
has had in the day to day lives of thousands of individual offenders. Concerns with
respect to transfers, segregation placements, visits and health care have been reviewed
and addressed.
However, I remain preoccupied with the slow pace of progress accomplished by the
Correctional Service of Canada in improving the quality of the correctional treatment
it offers to the most vulnerable and historically disadvantaged segments of its
population and notably, women offenders, aboriginal offenders and offenders suffering
from mental health issues.
Additionally, there is a number of long standing systemic problems that remain resistant
to change despite a broad spectrum of recommendations made to the Service, over
the years, towards improvement or resolution. We will continue to foster an open
honest and productive relationship that will assist in the quest for a solution
to these outstanding issues and the betterment of the federal correctional system.
Howard Sapers
Correctional Investigator
B. Management Representation Statement
Management Representation Statement
I submit, for tabling in Parliament, the 2005-2006 Departmental Performance Report
(
DPR) for The Correctional Investigator Canada.
This document has been prepared based on the reporting principles contained in the
Guide for the Preparation of Part III of the 2005-2006 Estimates: Reports on Plans
and Priorities and Departmental Performance Reports:
- It adheres to the specific reporting requirements outlined in the TBS guidance;
- It is based on the department's approved Program Activity Architecture structure
as reflected in its MRRS;
- It presents consistent, comprehensive, balanced and reliable information;
- It provides a basis of accountability for the results 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 in the DPR.
Name: __________________________
Title: __________________________
C. Agency Program Activity Architecture
The OCI's Strategic Outcome (SO) is "the problems of offenders in the federal correctional
system are identified and resolved in a timely and reasonable fashion". It is also
the expected result of the OCI's Program Activity (PA) "Oversight of Correctional
Operations", which regroups the four OCI Priorities/Program Sub-activities described
above (Section I - D. Agency Plans and Priorities).
As the chart below illustrates, each expected result at the Program Sub-activity/OCI
Priority Level is expressed and should be perceived conceptually as a link in the
results chain following from and to the OCI's Strategic Outcome (SO) and its expected
result.
Agency Program Activity (PA)
Oversight of Correctional Operations
Achievement of
OCI's Strategic Outcome (
SO): "The problems of offenders in the federal
correctional system are identified and resolved in a timely and reasonable fashion".
Agency Program Sub-activities and Priorities
Investigate and resolve individual offender issues
Individual offender complaints are reasonably addressed by the Correctional Service
of Canada and corrective action is taken when necessary.
Investigate, monitor and resolve systemic offender issues
The Correctional Service of Canada will recognize systemic offender issues, will
reasonably address them, and take appropriate corrective action.
The Correctional Service of Canada will be consistently compliant with previous
undertakings, law, policy, and procedures.
Monitor, evaluate and provide representations on
CSC management of mandated issues
(s.19 investigations and Use of Force incidents)
Increased thoroughness, objectivity and timeliness of the Correctional Service of
Canada's investigative process regarding s.19 investigations and Use of Force incidents.
Investigate, resolve and provide leadership on specifically identified issues (Federally
Sentenced Women and Aboriginal Offenders)
Specific offender issues related to Federally Sentenced Women and Aboriginal Offenders
are reasonably addressed by the Correctional Service of Canada and corrective action
is taken when necessary.
The Correctional Service of Canada will be consistently compliant with previous
undertakings, law, policy and procedures with regard to specific offender issues
related to Federally Sentenced Women and Aboriginal Offenders.
D. 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 2005-2006 Financial and Human Resources
|
Office of the Correctional Investigator
|
2005-2006
|
|
($ thousands)
|
Main Estimates
|
Planned Spending
|
Total Authorities
|
Actual Spending
|
|
Operating Expenditures (Vote 60)
|
|
Salaries
|
1,806
|
1,806
|
2,091
|
2,091
|
|
O&M
|
752
|
752
|
822
|
663
|
|
Total
|
2,558
|
2,558
|
2,913
|
2,754
|
|
Contributions to employee benefit plan (Vote 5)
|
361
|
361
|
361
|
361
|
|
Grand Total
|
|
|
3,274
|
3,115
|
|
Full Time Equivalents
|
22
|
22
|
22
|
24
|
* Variance reflects adjustments obtained since the Main Estimates, inclusive of
Supplementary Estimates, etc.
Agency Priorities
|
|
2005-06
|
|
Status on Performance
|
Planned Spending
|
Actual Spending
|
|
Strategic Outcome: The problems of offenders in the federal correctional
system are identified and resolved in a timely and reasonable fashion
|
|
Alignment to Government of Canada Outcomes: The OCI's mandate is to ensure that
the federal correction system is fair, humane and effective, so that offenders may
reintegrate society as law abiding citizens. In so doing, the OCI contributes to
the broader Government of Canada Outcome of Safe and Secure Communities.
|
|
Priority
|
Expected Result
|
Performance Status
|
|
Investigate and resolve individual offender issues
(On-going)
|
Individual offender complaints are reasonably addressed by the Correctional Service
of Canada and corrective action is taken when necessary.
|
Met
|
1,256
|
1,240
|
Investigate, monitor and resolve systemic offender issues
(On-going)
|
The Correctional Service of Canada will recognize systemic offender issues, will
reasonably address them, and take appropriate corrective action.
The Correctional Service of Canada will be consistently compliant with previous
undertakings, law, policy, and procedures
|
Partially met
|
677
|
710
|
Monitor, evaluate and provide representations on CSC management of mandated issues
(s.19 investigations and Use of Force incidents)
(On-going)
|
Increased thoroughness, objectivity and timeliness of the Correctional Service of
Canada's investigative process regarding s.19 investigations and Use of Force incidents.
|
Partially met
|
199
|
250
|
Investigate, resolve and provide leadership on specifically identified issues (Federally
Sentenced Women and Aboriginal Offenders)
(On-going)
|
Specific offender issues related to Federally Sentenced Women and Aboriginal Offenders
are reasonably addressed by the Correctional Service of Canada and corrective action
is taken when necessary.
The Correctional Service of Canada will be consistently compliant with previous
undertakings, law, policy and procedures with regard to specific offender issues
related to Federally Sentenced Women and Aboriginal Offenders.
|
Partially met
|
300
|
136
|
E. Agency Performance
Corrections are a difficult and at times thankless business, yet it is a key element
of the Canadian criminal justice. The mandate of the Correctional Service of Canada
(CSC) 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 legitimately expect a correctional system that reflects
their values, provides safe and humane custody which supports the offender's 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 issues. In 2005-2006, the Office's investigative staff managed nearly eight
thousand offender complaints, spent nearly four hundred working days in federal
institutions, interviewed twenty five hundred offenders and at least half as many
institutional staff. As in years past, it is with the resolution of the individual
offender issue at the institutional level where the OCI has achieved its best performance
in terms of providing expected results.
Where the OCI has been less successful, is influencing CSC to recognize and address
systemic offender issues in a timely and reasonable fashion. Despite considerable
investment in a more holistic approach, a sustained dialogue with CSC officials
at all levels and a broad spectrum of recommendations towards improvement or resolution
of systemic issues, evidence of meaningful progress on many fronts remains elusive.
Accordingly, the OCI must continue to deal with thousands of cases on an individual
basis, while at the same time expending resources focused on on-going systemic issues.
Workload pressures experienced by the OCI can be linked to a large extent to a number
of emerging trends in its operational environment.
Foremost among these is the rapid growth within the offender population of individuals
suffering with mental health issues. The May 2006 Senate of Canada Report Out of
the Shadows at Last highlights the deficiencies in the mental health services
offered to federal offenders.
At the operational level, this had a significant impact. The over-representation
of offenders with mental health issues as effected the quality of institutional
life, with the safety and security of both inmate and staff, and the respect of
offenders' basic human right being negatively impacted. Evidence can be found, among
a multitude of indicators, such as in the number and duration of placements in administrative
segregation or similar custody arrangements, the increases in the number of incidents
of institutional violence, and in the number of incidents where force is used by
correctional staff against offenders. In turn, all of these manifestations result
in a growing number of highly sensitive and complex issues being brought to the
attention of the OCI, that are either directly about or relate to the gaps in the
treatment of offenders suffering from mental health issues.
A growing number of offenders with mental health issues is only one dimension of
the evolving profile of the offender population. It is also being skewed by the
incarceration of an increasing number of younger, more violent and often gang associated
offenders, who seek to reproduce their street subculture within federal institutions.
As a result, there has been a significant increase in the level of institutional
violence, not only among inmates but also in the growing number of incidents where
CSC correctional officers and Institutional Emergency Response Teams have had to
use force against inmates. Staff resources dedicated to Use of Force reviews and
Investigations into inmate death or major injury has more than tripled within the
last five years.
Another source of workload pressures for the OCI stems from CSC's perennial lack
of progress in significantly improving the correctional treatment it offers to Aboriginal
Canadians. They continue to be overrepresented within the offender population. They
also continue to be over represented in higher security institutions, due to a large
extent to the culturally insensitive security classification tools still used by
CSC, despite being denounced as unfair and ineffective not only by the OCI, but
also by many of its partners involved in Aboriginal corrections and in academic
circles.
Moreover, Aboriginal offenders continue to be overrepresented in the segment of
the offender population that serves the bulk or its entire sentence within the penitentiary,
rather than benefiting from a timely conditional release to their community. They
also continue to be overrepresented among the offender population whose conditional
release is suspended and/or revoked before the expiry of their warrant.
To fully understand and appreciate why aboriginal offenders suffer such a fate within
the correctional system, one must look beyond the generalities of cultural differences
and systemic discrimination and also beyond the confines of the institution. The
focus must also be on the lack of employment opportunities, adequate housing, accessible
health care, mental health and post-penal after care services. For another perspective
on this matter, we refer readers to Chapter 5 of the 2006 Report of the Auditor
General of Canada.
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 offenders, women offenders and
offenders suffering from mental health issues.
Externally, the Office has maintained its criminal justice outsearch and public
education activities. It held a formal press conference upon release of its 2004-2005
Annual Report, which focused on concerns related to mentally ill federal offenders,
and received wide media coverage. Both OCI management and staff have established
linkages with many stakeholders and disseminated information about our agency's
mandate, role and responsibilities to various parties, conferences at the local,
provincial, national and international level.
Internally, the Office has provided a wide variety of training opportunities to
both intake and investigative staff. The objective pursued is that the OCI remains
current and capable of providing timely assistance to offenders in relation to on-going
and emerging correctional practices, trends and issues. We have, despite our reduced
physical presence within federal institutions maintained the frequency of our meetings
with offender organizations, Native Brotherhoods and Sisterhoods, Black Inmate Associations
and Lifer groups.
Our debriefing process at the conclusion of institutional visits with the Warden
aims to ensure that those issues which can be resolved are dealt with in a timely
fashion. We have continued as well to review specific "areas of concern" with institutional
managers during each visit. These areas frequently raised on complaint and issues
associated with rights or liberty concerns such as segregation, the internal grievance
process and involuntary transfers.
Throughout fiscal year 2005-2006, the Office has also engaged the Service's senior
managers, at both the regional and national level, on a broad spectrum of on-going
and emerging correctional issues. In the course of this dialogue, the OCI has clearly
expressed its position, provided input, advice and recommendations for improvement
or resolution not only on individual and systemic issues, but also regarding policy
development, and review.
In the final analysis, the ultimate aim of our efforts is the achievement of the
OCI's Strategic Outcome, which is to ensure that the problems of offenders in the
federal correctional system are identified and resolved in a timely, fair and reasonable
fashion.
Section II: Analysis of Program Activities 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 following table presents the planned spending as per the 2005-2006 Report on
Plans and Priorities (RPP), and the actual 2005-2006 spending.
2.2 Planned RPP-PAA and Actual Spending, 2005-2006
|
($ thousands)
|
Main Estimates
|
Total Authorities
|
|
Salaries
|
1,806
|
2,091
|
|
O&M
|
752
|
832
|
|
Total
|
2,558
|
2,923
|
|
Program Activity
|
($ thousands)
|
Planned Spending (RPP)
|
Planned Spending (PAA)
|
Actual Spending
|
|
Oversight of Correctional Operations
|
Total
|
2,432*
|
2,432*
|
2,336*
|
|
Program Sub-Activity
|
($ thousands)
|
Planned Spending (RPP)
|
Planned Spending (PAA)
|
Actual Spending
|
|
Individual Offender Complaints
|
Total
|
1,256
|
1,256
|
1,240
|
|
|
|
Systemic Offender Complaints
|
Total
|
677
|
677
|
710
|
|
|
|
Mandated Issues
|
Total
|
199
|
199
|
250
|
|
|
|
Specifically Identified Issues
|
Total
|
300
|
300
|
136
|
|
|
|
Corporate Issues
|
Total
|
487
|
487
|
418
|
* Excludes spending on Corporate Issues
In its 2005-2006 RPP, the OCI restated its plans and priorities, in the context
of complementing its Management Resources Results Structure (MRRS) and Program Activity
Architecture (PAA).
The OCI's Program Activity (PA) is the "Oversight of Correctional Operations" and
its Strategic Outcome (SO) is "the problems of federal offenders are identified
in a timely and reasonable fashion". Our PAA related plans and priorities correspond
to our four Program Sub-Activities.
Priority 1
Investigate and resolve individual offender issues
The role of the Correctional Investigator is to be an Ombudsman for federal offenders.
The primary functions of the Office are to investigate and bring resolution to individual
offender complaints. The vast majority of concerns are addressed by the OCI at the
institutional level through discussion and negotiation.
Performance in 2005-2006
In 2005-2006, the OCI recorded 7,591 contacts with or on behalf of federal offenders,
compared to 7,696 contacts during fiscal year 2004-2005. It conducted 2,426 interviews
in 2005-2006 with individual offenders, as opposed to 2,486 during the previous
fiscal year.
These rather small decreases in the level of contact with individual federal offenders
is of concern to the OCI, considering its significant investment over the last five
years in shifting to a more systemic approach in dealing with offender issues. The
Correctional Service has been less than successful in responding to recommendations
made by the OCI for improvement or resolution on a number of systemic and for the
most part, long standing issues. Consequently, the OCI must, while pursuing its
dialogue engaging the Service on more global and proactive strategy on these outstanding
systemic issues, continue to deal with them in the much less efficient case by case
method.
In 2005-2006, the OCI spent 370 days within federal penitentiaries, as opposed to
427 days in the previous fiscal years. This 13.5% reduction in our institutional
presence is, in large part, attributable to the presence on medical leave of two
our of twenty OCI investigative staff members and highlights the OCI's limitations,
given its size, in terms of reallocating resources internally. That the actual number
of individual offender interviews has only diminished by 2% during the same period
is indicative of the significantly longer hours the remaining investigators have
invested every day of their institutional visits to maintain optimal levels of accessibility
to OCI services. Discussions are on-going with Treasury Board to address this unsustainable
fiscal impasse and other workload related pressures.
Above and beyond these considerations, the OCI notes that it has had significant
success in the identification and resolution of issues brought to its attention
by or on behalf of individual federal offenders. While a detailing of the complaints
received and their disposition can be found in the "statistics" section of our
Annual Report, allow us to mention that at the conclusion of 3,034
contacts in 2005-2006, offenders were provided with information by the OCI in response
to their queries or concerns on a wide variety of correctional issues. In turn,
offenders used the information provided to gain a better understanding of their
personal situation, and/or resolve their issues with the Correctional Service.
Offenders seek information from the OCI in such large numbers because it is often
more readily available, through a simple phone call, than within the institution.
However, the overriding reason is that they have a greater level of trust in the
information provided by the OCI given not only its independent status, but also,
its reputation for both objectivity and impartiality.
In 2,018 contacts, where the OCI made an inquiry or undertook an investigation,
our intervention and recommendation either facilitated the resolution of the offender's
issue or had a significant impact on the Service's subsequent response.
Finally, in another 1,540 contacts, the OCI referred the offender to either CSC
staff or the Service's internal grievance process. In instances where the matter
was outside our mandate, referrals were made to other government and non government
agencies such as provincial ombudsmen, municipal police review boards, law and medical
societies and other professional regulatory agencies. These referrals are in keeping
with the ombudsmanship principle of assisting the resolution, but not necessarily
as intervener in the first instance. In the case of federal offenders, it serves
to direct to the next step or the appropriate body where an attempt at resolving
an issue is in the first instance, best undertaken.
Referrals, along with the provision of information described above, provide offenders
with the knowledge required to deal with issues in a non-violent, considerably more
productive and socially acceptable fashion.
Priority 2
Investigate, monitor and resolve systemic offender issues
While the primary role of the Office of the Correctional Investigator is to investigate
and resolve complaints from individual offenders, it has, as well, the responsibility
to review and make recommendations on the Correctional Service of Canada's policies
and procedures associated with the areas of individual complaints to ensure that
systemic areas of concern are identified and appropriately addressed.
Performance in 2005-2006
As indicated above, the OCI is concerned with the slow pace of progress made by
the Correctional Service of Canada, with regard to a number of long standing systemic
issues, despite significant efforts and a broad spectrum of recommendations by the
OCI towards improvements or resolution. Consequently, the Office was again this
year trapped in a cycle of dealing with the same issues in thousands of individual
cases.
Among the issues that remain of gravest concern are 1) the provision of adequate
mental and physical health care 2) the introduction of a needle exchange program
to reduce the harm caused by HIV and other infectious diseases 3) the development
of an effective, internal offender grievance system 4) a fair administrative segregation
placement and review progress and 5) timely access to correctional treatment programs
and case preparation for decision making by the National Parole Board.
There are also a number of areas where the OCI's interventions and recommendations
to the Service have had measure of success with regard to systemic issues. In three
of the five regions, there have been significant improvements in the timeliness
of the responses provided at the first and second level of the offender grievance
process. In three out of five regions, the Service is offering one correctional
treatment programs as part of the intake assessment process. This is particularly
beneficial to offenders serving a sentence of four years or less, as it provides
a head start in terms of the programs required in their correctional plan and improves
their chances of being granted some form of conditional release earlier in the course
of their sentence. Finally, the Service has improved its monitoring of parole waivers
and postponements and of the number of inmates housed in institutions with a higher
security rating than they require. Hopefully, this monitoring will lead to an improvement
in the Service's overall performance in these areas.
Priority 3
Monitor, evaluate, and provide representations on CSC's management of mandated
issues (s.19 investigations and Use of Force incidents)
Section 19 of the Corrections and Conditional Release Act requires that
the Office review all investigations conducted by the Correctional Service of Canada
following the death of serious bodily injury to an inmate. The OCI is also engaged
in similar review process for institutional incidents involving the Use of Force,
in keeping with the recommendation of the 1996 Arbour Commission of Inquiry.
Performance in 2005-2006
A key objective in the OCI's oversight of correctional operations is to ensure that
federal offenders are held in safe and secure custodial environments.
Accordingly, a major concern is that CSC staff use force against inmates only when
there is no other viable option and then, only to the extent required in the circumstances.
The security and safety of the person is a fundamental protection offered by the
Canadian Charter of Rights and Freedoms. Checks and balances such as provided by
the OCI is perhaps of greater importance in a correctional environment, where the
power relationship between the keepers and the kept are exceptionally unequal.
In 2005-2006, the OCI noted and repeatedly expressed its concern to the Service
about the increase in the total volume of use of force incidents. It also brought
to CSC's attention the over-reliance in some maximum security institutions on use
of force interventions by the Institutional Emergency Response Team (IERT) and on
the use of pepper spray, as opposed to other maximum security institutions who manage
to maintain peace and good order, through dynamic security and alternative means
of dispute resolution. These areas of concern remain a central focus and the Office
continues to work with CSC at all levels of the organization to address these matters.
Another dimension of the OCI's focus on the safety and security of federal institutions
is on the timeliness and quality of the investigation the Service of Canada must
undertake, as per Section 19 of the Corrections and Conditional Release Act,
when an offender suffers serious bodily harm or dies while in its care.
For many years now, the OCI has maintained that the timeliness and quality of CSC's
investigative process, including meaningful analysis of the findings and enterprise
wide sharing of lessons learned, was absolutely critical in lowering the level of
institutional violence.
In 2005-2006, the dominant theme of our discussions with the Service again revolved
around the issue of timeliness. The Service's delays in convening investigations,
rigorously analyzing findings, approving and implementing both corrective action
plans and preventive strategic plans remain an area of on-going concern.
While the OCI is encouraged by the recent identification by the Service of institutional
violence as a priority area, it will continue to insist that CSC invests the resources
necessary to systematically gather and thoroughly analyse significant data on this
critical correctional problem.
Priority 4
Investigate, resolve and provide leadership on specifically identified issues
(Women and Aboriginal Offenders)
The Office of the Correctional Investigator (OCI) conducts specialized investigations
and attempts to resolve the issues raised by or on behalf of Women and Aboriginal
Offenders. In cooperation with its partners, both governmental and non-governmental,
it provides observations, advice, and direction to the Correctional Service of Canada
and others regarding these issues.
Performance in 2005-2006
The OCI's interventions and the active support of several key stakeholders have
led to some progress by the Service in addressing some long standing systemic issues.
Foremost among these is the recognition by CSC that their initial classification
instrument for women offenders was discriminatory and resulted in higher than needed
security classifications for women. As a result, the Service has signed a contract
for the development of a new initial classification instrument, that is gender sensitive
and which recognizes the unique needs and circumstances of racialized women and
women living with disabilities.
CSC has also been able to increase accommodation for women upon release to the community
in the Atlantic and Pacific regions. These regions were previously underserved.
Additionally, CSC has recognized that it must address the employment and employability
needs of women offenders in order to reduce the likelihood of
re-offending. As such, the Service conducted an employment needs survey for incarcerated
women, which resulted in the development of a National Employment Strategy Framework
for this population.
However, the OCI has been less successful in influencing CSC into meaningful corrective
action on a number of critical issues. Among these, the OCI is concerned that there
has been a significant increase in the number of women offenders returning to the
community on Statutory Release, rather then on Day or Full Parole over the last
two years. During the same period, there has been a corresponding increase in the
number of waivers and postponements of National Parole hearings by women offenders,
especially Aboriginal offenders.
At least part of the explanation revolves around timely access to correctional programs,
notably in secure women's units. Additionally there remains a lack of access to
Aboriginal programming outside the Prairie Region.
The plight of Aboriginal offenders in the federal correctional system has been a
key issue for the OCI for at least a decade. Countless recommendations have been
during that period to correct discriminatory correctional practices and improve
treatment offered by the Correctional Service of Canada.
In response, there have been considerable investments by CSC and some positive outcomes.
Aboriginal offenders tend to receive their first program of the sentence following
admission to custody sooner than non-Aboriginal offenders. Aboriginal offenders
can now be referred more often to treatment programs specific to their cultural
background as a result of recent development Aboriginal programs. The rates of completion
for Aboriginal offenders in treatment programs with an "Aboriginal" focus (violent
offender; family violence; sex offender; substance abuse; and living skills programs),
tend to be significantly better than those for non-Aboriginal offenders in the same
program categories.
Moreover, the focus of Aboriginal offender program assignments has shifted towards
more cultural-specific programming. Fiscal year 2005-2006 saw a significant increase
in the percentage of Aboriginal offenders assigned to such programming. The range
of Aboriginal-specific programs continues to be expanded by CSC, with new programs
for Aboriginal offenders being added regularly.
Notwithstanding the above, the overall correctional outcomes of Aboriginal offenders
has not measurably improved.
The systemic bias of existing classification and penitentiary placement instruments
continues to result in an overrepresentation of Aboriginals in maximum security
institutions and an under representation in minimum security institutions. Aboriginal
offenders are less likely to be granted temporary absences or day or full parole
at their eligibility dates. Their longer period of incarceration and increasing
tendency to be freed either on statutory release or at warrant expiry results in
less time in the community for programming, other forms of custodial assistance
and supervision.
There has been a noted increase in the numbers of Aboriginal offenders who see their
conditional release suspended and revoked. Aboriginal offenders are re-admitted
to federal custody within two years after warrant expiry more frequently than non-Aboriginal
offenders.
Aboriginal correctional issues continue to be a key area of concern for the OCI.
We will continue, with the cooperation of our numerous stakeholders in the Aboriginal
community, to engage the Service in a constructive and productive dialogue on addressing
systemic and cultural barriers, and the adoption of culturally responsive correctional
practices and strategies.
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,
the Office was based upon its own 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),
which 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 lead 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 twenty
are directly involved, as intake officers, coordinators or directors, in the day
to day addressing of inmate complaints. The total resources are $3,273,900 for the
fiscal year 2005-2006.
Exhibit 3.1 - OCI Organization Chart
B. Financial Performance Overview
Table 1: Comparison of Planned to Actual Spending (incl. FTE)
| |
2003-04
Actual
|
2004-05
Actual
|
2005-2006
|
|
($ thousands)
|
Main Estimates
|
Planned Spending
|
Total Authorities
|
Actual
|
|
Office of the Correctional Investigator
|
2,790
|
2,871
|
2,919
|
2,919
|
3,274
|
3,115
|
|
Total
|
2,790
|
2,871
|
2,919
|
2,919
|
3,274
|
3,115
|
|
|
|
Total
|
2,790
|
2,871
|
2,919
|
2,919
|
3,274
|
3,115
|
|
Less: Non-Respendable revenue
|
---
|
---
|
---
|
---
|
---
|
---
|
|
Plus: Cost of services received without charge*
|
256
|
258
|
258
|
258
|
258
|
258
|
|
Net cost of Department
|
3,046
|
3,129
|
3,117
|
3,117
|
3,532
|
3,3373
|
|
|
|
Full Time Equivalents
|
22
|
22
|
22
|
22
|
22
|
24
|
Table 2: Use of Resources by Business Lines (or Program Activities)
|
2005-2006
|
|
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
|
2,919
|
2,919
|
---
|
2,919
|
---
|
2,919
|
|
Planned Spending
|
2,919
|
2,919
|
---
|
2,919
|
---
|
2,919
|
|
Total Authorities
|
3,274
|
3,274
|
---
|
3,274
|
---
|
3,274
|
|
Actual Spending
|
3,115
|
3,115
|
---
|
3,115
|
---
|
3,115
|
Table 3: Voted and Statutory Items
|
|
|
2005-2006
|
|
Vote or Statutory Item
|
Truncated Vote
or Statutory Wording
|
Main Estimates
|
Planned Spending
|
Total Authorities
|
Actual
|
|
50
|
Operating expenditures
|
2,558
|
2,558
|
2,913
|
2,754
|
|
(5)
|
Contributions to employee benefit plans
|
361
|
361
|
361
|
361
|
|
|
Total
|
2,919
|
2,919
|
3,274
|
3,115
|
Table 4: Net Cost of Department
|
($ thousands)
|
2005-2006
|
|
Net Planned Spending (Total Main Estimates plus Adjustments, as per the Planned
Spending table)
|
2,919
|
|
Plus: Services Received without Charge
|
---
|
|
Accommodation provided by Public Works and Government Services Canada (PWGSC)
|
258
|
|
Contributions covering the employer's share of employee's insurance premiums and
expenditures paid by the treasury Board of Canada Secretariat (excluding revolving
funds)
|
|
|
Workers' compensation coverage provided by Social Development Canada
|
|
|
Salary and associated expenditures of legal services provided by the Department
of Justice Canada
|
|
|
|
|
|
Less: Non-respendable Revenue
|
---
|
|
2005-2006 Net cost of Department
|
3,177
|
Table 5: User Fee Act
Table 6: Policy on Service Standards for External Fees
Fees charged for the processing of access requests filed under the
Access to Information
Act (ATIA)
Response provided with 30 days following receipt of request; the response time may
be extended pursuant to section 9 of the
ATIA. Notice of extension to be
sent within 30 days after receipt of request
The
Access to Information
Act provides further details.
The service standard is established by the Access to Information Act and
the Access to Information Regulations. Consultations with stakeholders were undertaken
by the Department of Justice and the Treasury Board Secretariat for amendments done
in 1986-1992.
Table 7: Travel Policies
OCI Statement:
The Office of the Correctional Investigator follows the Treasury Board of Canada
Secretariat "
Special Travel Authorities".
The Office of the Correctional Investigator follows the Treasury Board of Canada
Secretariat "
Travel Directive, Rates and Allowance".
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
- Auditor General 2006 Annual Report, Chapter 5, May 2006 (http://www.oag-bvg.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 Annual Reports, 1998-1999 to Present (http://www.oci-bec.gc.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)
- Correctional Investigator's Presentation to the Senate Committee on Social Affairs,
Science and Technology: Mental Health, Mental Illness and Addiction, June 7,
2005 (http://www.oci-bec.gc.ca)
- OCI Discussion Paper:
- Shifting the Orbit - Human Rights, Independent Review and Accountability
in the Canadian Corrections System (http://www.oci-bec.gc.ca)
- Previous OCI Departmental Performance Reports and OCI Report on Plans and Priorities
(http://www.oci-bec.gc.ca)
- The Senate of Canada U Out of the Shadow at Last - Transforming Mental Health
on Addiction Services in Canada, May 2006 (http://www.parl.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
E. Statement of Management Responsibility (unaudited)
Responsibility for the integrity and objectivity of the accompanying financial statements
for the year ended March 31, 2006 and all information contained in these statements
rests with departmental management. These financial statements have been prepared
by management in accordance with Treasury Board accounting policies which are consistent
with Canadian generally accepted accounting principles for the public sector.
Management is responsible for the integrity and objectivity of the information in
these financial statements. Some of the information in the financial statements
is based on management's best estimates and judgment and gives due consideration
to materiality. To fulfil its accounting and reporting responsibilities, management
maintains a set of accounts that provides a centralized record of the department's
financial transactions. Financial information submitted to the Public Accounts of
Canada and included in the Office's Departmental Performance Report is consistent
with these financial statements.
Management maintains a system of financial management and internal control designed
to provide reasonable assurance that financial information is reliable, that assets
are safeguarded and that transactions are in accordance with the Financial Administration
Act, are executed in accordance with prescribed regulations, within Parliamentary
authorities, and are properly recorded to maintain accountability of Government
funds. Management also seeks to ensure the objectivity and integrity of data in
its financial statements by careful selection, training and development of qualified
staff, by organizational arrangements that provide appropriate divisions of responsibility,
and by communication programs aimed at ensuring that regulations, policies, standards
and managerial authorities are understood throughout the Office.
The financial statements of the Office have not been audited.
Statement of Financial Position (unaudited)
At March 31
(in dollars)
2006
2005
Assets
Financial Assets
Accounts receivable and advances (Note 4)
26,235
167,134
Liabilities and Equity of Canada
Liabilities
Accounts payable and accrued liabilities
160,593
359,640
Vacation pay and compensatory leave
137,680
137,680
Employee severance benefits (Note 5)
407,778
323,033
Equity of Canada
(679,816)
(653,219)
The accompanying notes form an integral part of these financial statements.
Statement of Equity of Canada (unaudited)
For the Year ended March 31
(in dollars)
2006
2005
Equity of Canada, beginning of year
(653,219)
(599,181)
Net cost of operations
(3,510,112)
(3,098,755)
Current year appropriations used (Note 3)
3,167,758
2,871,029
Change in net position in the Consolidated Revenue Fund (Note 3)
57,757
(84,312)
Services provided without charge by other government departments (Note 5)
258,000
258,000
Equity of Canada, end of year
(679,816)
(653,219)
The accompanying notes form an integral part of these financial statements.
Statement of Operations (unaudited)
For the Year ended March 31
(in dollars)
2006
2005
Expenses
Salaries and employee benefits
2,589,737
2,146,007
Professional and special services
298,478
307,691
Travel and relocation
238,318
286,706
Accommodation
258,000
258,931
Communication
51,903
44,344
Utilities, material and supplies
21,512
18,320
Equipment rentals
4,686
2,466
Net Cost of Operations
3,510,112
3,098,755
The accompanying notes form an integral part of these financial statements.
Statement of Cash Flow (unaudited)
For the Year ended March 31
(in dollars)
2006
2005
Operating activities
Net Cost of Operations
3,510,112
3,098,755
Services provided without charge by other government departments
(258,000)
(258,000)
Variations in Statement of Financial Position:
Increase (decrease) in accounts receivable and advances
(140,899)
143,809
Decrease (increase) in liabilities
114,302
(197,847)
Financing activities
Net cash provided by Government of Canada
(3,225,515)
(2,786,717)
The accompanying notes form an integral part of these financial statements.
Notes to the Financial Statements (unaudited)
1. Authority and purpose
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.
In addition, Section 19 of the Corrections and Conditional Release Act
requires that the Correctional Service of Canada "where an inmate dies or suffers
serious bodily injury" conduct an investigation and provide a copy of the report
to the Correctional Investigator.
2. Significant accounting policies
The financial statements have been prepared in accordance with Treasury Board accounting
policies which are consistent with Canadian generally accepted accounting principles
for the public sector.
Significant accounting policies are as follows:
(a) Parliamentary appropriations
The Office is financed by the Government of Canada through Parliamentary appropriations.
Appropriations provided to the Office do not parallel financial reporting according
to generally accepted accounting principles since appropriations are primarily based
on cash flow requirements. Consequently, items recognized in the statement of operations
and the statement of financial position are not necessarily the same as those provided
through appropriations from Parliament. Note 3 provides a high-level reconciliation
between the bases of reporting.
(b) Net Cash Provided by Government
The Office operates within the Consolidated Revenue Fund (
CRF),
which is administered by the Receiver General for Canada. All cash received by the
Office is deposited to the
CRF
and all cash disbursements made by the Office are paid from the
CRF. The net cash provided by Government is the difference between
all cash receipts and all cash disbursements including transactions between departments
of the federal government.
(c) Change in net position in the Consolidated Revenue Fund
The change in net position in the Consolidated Revenue Fund is the difference between
the net cash provided by Government and appropriations used in a year, excluding
the amount of non respendable revenue recorded by the Office. It results from timing
differences between when a transaction affects appropriations and when it is processed
through the
CRF.
(d) Expenses
Expenses are recorded on the accrual basis:
- Vacation pay and compensatory leave are expensed as the benefits accrue to employees
under their respective terms of employment.
- Services provided without charge by other government departments for accommodation
are recorded as operating expenses at their estimated cost.
(e) Employee future benefits
Pension benefits: Eligible employees participate in the
Public Service Pension Plan, a multiemployer plan administered by the Government
of Canada. The Office's contributions to the Plan are charged to expenses in the
year incurred and represent the total obligation to the Plan. Current legislation
does not require the Office to make contributions for any actuarial deficiencies
of the Plan.
Severance benefits: Employees are entitled to severance
benefits under labour contracts or conditions of employment. These benefits are
accrued as employees render the services necessary to earn them. The obligation
relating to the benefits earned by employees is calculated using information derived
from the results of the actuarially determined liability for employee severance
benefits for the Government as a whole.
(f) Measurement uncertainty
The preparation of these financial statements in accordance with Treasury Board
accounting policies which are consistent with Canadian generally accepted accounting
principles for the public sector requires management to make estimates and assumptions
that affect the reported amounts of assets, liabilities, revenues and expenses reported
in the financial statements. At the time of preparation of these statements, management
believes the estimates and assumptions to be reasonable. The most significant items
where an estimate is used is the liability for employee severance benefits. Actual
results could significantly differ from those estimated. Management's estimates
are reviewed periodically and, as adjustments become necessary, they are recorded
in the financial statements in the year they become known.
3. Parliamentary Appropriations
The Office receives most of its funding through annual Parliamentary appropriations.
Items recognized in the statement of operations and the statement of financial position
in one year may be funded through Parliamentary appropriations in prior, current
or future years. Accordingly, the Office has different net results of operations
for the year on a government funding basis than on an accrual accounting basis.
The differences are reconciled in the following tables:
(a) Reconciliation of net cost of operations to current year appropriations
used:
Net cost of operations
3,510,112
3,098,755
Adjustments for items affecting net cost of operations but not affecting appropriations:
Add (Less):
Adjustments to account payable at year end
391
-
Employee severance benefits
(84,745)
30,274
Services provided without charge by other government departments
(258,000)
(258,000)
Current year appropriations used
3,167,758
2,871,029
(b) Appropriations provided and used:
Program expenditures - Vote 60
2,558,000
2,558,000
Supplementary Vote 60a
-
128,150
Transfer from TB - Vote 15
-
11,000
Governor General's special warrants
354,900
-
Lapsed appropriations
(158,593)
(246,715)
Contributions to employee benefits plan
413,451
420,594
Current year appropriations used
3,167,758
2,871,029
(c) Reconciliation of net cash provided by Government to current year appropriations
used:
Net cash provided by Government
3,225,515
2,786,717
Change in net position in the Consolidated Revenue Fund:
Refund/adjustments of previous years expenses
391
-
(Increase) decrease in accounts receivable
140,899
(143,591)
Increase (decrease) in accounts payable
(199,047)
227,903
Current year appropriations used
3,167,758
2,871,029
4. Accounts Receivable and Advances
The following table presents details of accounts receivable and advances:
Receivable from other Federal Government departments and agencies
25,635
166,534
Employee advances
600
600
5. Employee Benefits
The Office's employees participate in the Public Service Pension Plan, which is
sponsored and administered by the Government of Canada. Pension benefits accrue
up to a maximum period of 35 years at a rate of 2 percent per year of pensionable
service, times the average of the best five consecutive years of earnings. The benefits
are integrated with Canada/Québec Pension Plans benefits and they are indexed
to inflation.
Both the employees and the Office contribute to the cost of the Plan. The expense
presented below represents approximately 2.6 times the contributions by employees.
Pension expense
305,954
308,296
The Office's responsibility with regard to the Plan is limited to its contributions.
Actuarial surpluses or deficiencies are recognized in the financial statements of
the Government of Canada, as the Plan's sponsor.
The Office provides severance benefits to its employees based on eligibility, years
of service and final salary. These severance benefits are not pre-funded. Benefits
will be paid from future appropriations. Information about the severance benefits,
measured as at March 31, is as follows:
Accrued benefit obligation, beginning of year
323,033
323,033
Expense for the year
84,745
-
Accrued benefit obligation, end of year
407,778
323,033
6. Related party transactions
The Office is related as a result of common ownership to all Government of Canada
departments, agencies, and Crown corporations. The Office enters into transactions
with these entities in the normal course of business and on normal trade terms.
Also, during the year, the Office received services which were obtained without
charge from other Government departments as presented in part (a).
(a) Services provided without charge
During the year the Office received service without charge from other departments.
These services have been recognized in the Office's Statement of Operations as follows:
Accommodation
258,000
258,000
The Government has structured some of its administrative activities for efficiency
and cost-effectiveness purposes so that one department performs these on behalf
of all without charge. The costs of these services, which include payroll and cheque
issuance services provided by Public Works and Government Services Canada, are not
included as an expense in the Office's Statement of Operations.
(b) Payables and receivables outstanding at year-end with related parties:
Accounts receivable with other government departments and agencies
25,635
166,533
Accounts payable to other government departments and agencies
12,993
69,846