Evidence of meeting #17 for Public Safety and National Security in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was program.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Ross Toller  Deputy Commissioner, Transformation and Renewal Team, Correctional Service of Canada
Brian Wheeler  Area Director, London Area Parole Office, Correctional Service of Canada
Howard Sapers  Correctional Investigator, Office of the Correctional Investigator
Ivan Zinger  Executive Director and General Counsel, Office of the Correctional Investigator

12:40 p.m.

Correctional Investigator, Office of the Correctional Investigator

Howard Sapers

We have received complaints around tobacco and aboriginal spirituality. One of the issues we dealt with, for example, was a decision to allow a tobacco pouch as a gift to an elder. Then, no matches were allowed to complete a smudge. We do continue to receive complaints. Again, we are trying to find a balance between enforcing the Correctional Service of Canada's tobacco-free policy, but also enforcing their policy around access to aboriginal spirituality.

12:40 p.m.

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Thank you.

If elders have complaints about that, can they make complaints through your office, or is it only prisoners who can make complaints? If they can't, where should they go with these concerns?

12:40 p.m.

Correctional Investigator, Office of the Correctional Investigator

Howard Sapers

They can and do go to a number of places. There is an aboriginal advisory committee that the Correctional Service of Canada must convene. That is required by law. They can and do bring complaints to our office, often in combination with concerns being raised by offenders or their families. Also, elders have access to institutional, regional, and national management structures, who I believe are fairly responsive to these concerns when they are raised.

12:40 p.m.

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Thank you very much.

I want to turn to a broader question. We talk about Canada's international reputation on corrections with regard to drug rehabilitation. Of course we're committed to the minimum rules and the basic principles for the treatment of prisoners. In those two, there are some obligations. One of those we touched on was regarding reintegration into the workforce. Would you say that if we fail to do drug treatment, we're falling down on some of the obligations we've taken for the rehabilitation parts of those international conventions?

12:40 p.m.

Correctional Investigator, Office of the Correctional Investigator

Howard Sapers

Our correctional system is based on a very logical model, which is intake at sentencing with assessment to determine both risk and criminogenic need, then prescription of a correctional program to address the risk and need. The security classification is included in the placement.

Of course the reason why we invest so much time and money into corrections is to have a positive outcome for the offender and for the offender's community, contributing to public safety. If you only do the assessment part and you don't do the program part, then you're not getting the maximum return on your investment. If we see an increase in offenders being released either at their statutory release date or their warrant expiry date, that suggests we're not doing enough to intervene with the appropriate programs at the appropriate time.

12:40 p.m.

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

That would potentially place us in violation of some of those principles we've signed on to, not by lack of intention, but by lack of delivery.

12:40 p.m.

Correctional Investigator, Office of the Correctional Investigator

Howard Sapers

I've carefully avoided commenting on the UN minimum standards. I'm suggesting that while we must always be mindful of out international and domestic obligations, particularly with regard to human rights, we also have a commitment to the integrity of our own correctional plan. The law and policy that guide corrections in Canada are very clear about providing rehabilitative services to assist in timely and safe reintegration.

12:40 p.m.

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Staying with the international standards for a second, if we talk about double-bunking as an obstacle to treatment, there are international standards that are set for double-bunking. Could you make any comment about those international standards and our current performance?

12:40 p.m.

Correctional Investigator, Office of the Correctional Investigator

Howard Sapers

The United Nations minimum standards, the European Union, and many other authorities, including the Correctional Service of Canada, state that single-cell accommodation is the preferred level of accommodation, for lots of reasons.

12:45 p.m.

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Okay, thank you.

12:45 p.m.

Conservative

The Chair Conservative Kevin Sorenson

Thank you very much.

We'll move back to Mr. Leef, please.

12:45 p.m.

Conservative

Ryan Leef Conservative Yukon, YT

Thank you, Mr. Chair.

Thank you to our two witnesses for being here.

I'll say at the outset that given the lack of consensus we've heard in terms of the needle exchange as a harm reduction strategy, it would be our government's position that the safety of both staff and inmates remains an absolute priority for our government.

We heard testimony a month ago from a front-line correctional officer who was asked that very question. The testimony wasn't so much that he didn't support the needle exchange aspect of it, but it came from a position that I found very interesting. Outside of the programs—the actual core programs or programs that are designated for individuals based on their needs or risk—the officer indicated that he felt the correctional officers themselves were actually part of a program, or they were the program. What he meant by that is that the front-line staff interact with the inmates on a 24-hour, seven-day-a-week basis.

We did hear a bit of testimony today from Corrections Canada that the inmates are evaluated after they take programs. Officers provide feedback on willingness to participate through progress reports and day-to-day interaction with the inmates, to connect what the counsellors or program case managers see of their participation in a program and then the demonstration of behaviour for the remainder of the day.

That officer talked a lot about being an integral part of motivating positive behavioural change, demonstrating pro-social behaviour, and interacting with inmates moment to moment—sometimes on very informal levels, talking about life and hobbies and interests. Having very positive interactions and encounters with the inmates has a positive influence.

We posed the question about needle exchange to that officer, and he thought that would be a major setback in terms of officers being able to work closely with the inmates. It would create a barrier that would be more security-oriented. It would put them at a disadvantage, as the officers would be concerned about their safety.

If we put things in place in the institutions that challenge the sense of safety for staff and the other inmates, we would be creating significant additional barriers, which would impact a critical program. I don't think we acknowledge enough that the interaction between officers and inmates is a critical element to motivate positive behavioural change and see significant change in the inmate population. That's just a comment on that.

I also want to say that we heard a bit of testimony about the needle exchange and the complaints you had indicated might be coming about clean tattooing as a harm reduction. We talked to one of our witnesses who acknowledged that tattoos do have some association to gangs and there is a proliferation of messaging through tattoos.

One in six men and one in ten females in the correctional environment right now have gang association. While I appreciate the idea of harm reduction in the spread of disease and HIV, in terms of doing needle exchange for cleaner tattooing, if that translates into a proliferation of gang messaging or gang symboling, that's another avenue that puts our staff and inmates at risk. It starts to create yet another barrier between staff and inmates.

Finally, when we move to the double-bunking issue, our government is looking at investments in additional prisons for additional prison space, which would allow us a safer and cleaner environment. From the Yukon experience, I know they're about to move into a new correctional centre in 2012.

I've had a number of occasions to tour that facility. What I see is a facility geared to single-bunk but built to double-bunk and to meet all the standards of the room and space that some single-bunk facilities might not have. What I also see is a new facility that's going to create a more positive environment.

If you have any comments about additional prisons to accommodate, that would be great.

12:50 p.m.

Conservative

The Chair Conservative Kevin Sorenson

It doesn't work that way. Because your time is over, you've used up any possible time for an answer.

Mr. Sandhu has a question, and hopefully he'll give you some time to answer.

12:50 p.m.

NDP

Jasbir Sandhu NDP Surrey North, BC

I'm going to give Mr. Sapers a minute to answer any of his questions, if he would like.

12:50 p.m.

Correctional Investigator, Office of the Correctional Investigator

Howard Sapers

Thank you. I appreciate that, because it's a very interesting list of issues raised by your colleague.

I never want to be misunderstood about my commitment to or support of the Correctional Service of Canada and dynamic security, and the fact that dynamic security is the best form of security in running a prison. It's the safest form of security in a prison. Dynamic security is in fact all those things you talked about in terms of the positive interaction between front-line correctional officers and inmates. When it works well, it works very well. In fact, if I had had my wits about me when your colleague asked about institutions being safe or not, I would have mentioned that when dynamic security works well, when it's in place, when it's well reinforced and modelled from the top down, you have very safe institutions. I think we should be clear about that.

Needle exchange is one type of harm reduction. There are lots of other types of harm reduction. Needle exchange was studied in Canada for correctional use by the Public Health Agency of Canada in their 2006 report. In 2006 the Minister of Health wrote me suggesting that they were particularly concerned with needle exchange programs and understood the relationship between needle exchange and reduction of infectious disease. Obviously that has to be balanced against other security and operational concerns.

On safety, I've spent a lot of my adult life going in and out of prisons and jails in Canada and other places, and I can tell you that what correctional officers and other staff tell me they're more concerned about is not the presence or absence of needles, particularly when there's a needle exchange. What they're worried about is the random placement of secreted needles when they're doing searches. In fact, European studies have indicated that institutions are more safe with needle exchange and less safe without needle exchange, just for that reason. It's easier to hurt yourself accidentally coming across a secreted needle than you are in a situation where it’s in an identified place. Also, keep in mind that no needle exchange program is pervasive across all prisons in the whole system. Needle exchanges are highly localized, very specialized, and well supervised.

That being said, I have just one very quick reflection on gang messaging through tattooing. Illicit tattooing is part of gang messaging and gang membership. Supervised tattooing is not. What I was referring to were the supervised safer tattooing initiatives piloted by the Correctional Service of Canada, where a prisoner would not have been inked with a gang symbol. It's the underground tattooing that is problematic.

12:50 p.m.

Conservative

The Chair Conservative Kevin Sorenson

Thank you.

Mr. Sandhu, you have a minute and a half.

12:50 p.m.

NDP

Jasbir Sandhu NDP Surrey North, BC

We've seen $122 million injected into interdiction programs since 2008, yet there hasn't been any sort of correlation in regard to the urinalysis rate. It hasn't gone up or down; it is relatively the same. Mr. Sapers, you talked about the diminishing return on investment and more interdiction programs. Can you maybe talk about that?

12:50 p.m.

Correctional Investigator, Office of the Correctional Investigator

Howard Sapers

I think your question in a way anticipates my answer.

We've seen a big investment in enforcement and interdiction. CSC's own research, their internal audit report, etc., has demonstrated that there is in fact a bit of a plateau, and interdiction numbers seem to be going up. So there could be more seizures, but we really don't know if that increase in seizures has decreased the supply of contraband inside institutions because we don't have a baseline.

We do know about urinalysis, we do know about hepatitis C and HIV infection rates, and we know that these things are maintaining some stability over time. There's some suggestion that drug use seems to have levelled off in spite of the large new investments in enforcement and interdiction.

12:55 p.m.

Conservative

The Chair Conservative Kevin Sorenson

Thank you very much.

We'll now move to the last question of the day, Ms. Young.

December 6th, 2011 / 12:55 p.m.

Conservative

Wai Young Conservative Vancouver South, BC

Thank you again for coming. I'm sorry I came a little late because I was at another committee meeting. I'm just trying to catch up in terms of some of your presentations and your answers.

I do have a couple of questions around some of the statements you've made. Excuse me if you've covered it or if I'm missing some points here, but I think it would be good to clarify this, for myself anyway.

You talked about treatment programs quite a bit in terms of their availability, the changing over of them to integrated treatment programs, etc. We heard from the head of Corrections that it's not just an accessibility....

Let me go back to saying that you've made the point that there are space issues or access issues around getting into treatment programs. Then you also said there are some issues around completion rates.

Do you know for a fact that the completion rates are down or low because the programs are inaccessible, or is it because people drop out, or they're moved to different correctional facilities? What is it exactly that you know about, as opposed to speculating about?

12:55 p.m.

Correctional Investigator, Office of the Correctional Investigator

Howard Sapers

What we know is that there is a relationship between enrolment and completion, and we know that enrolment is low. We know there are a variety of—

12:55 p.m.

Conservative

Wai Young Conservative Vancouver South, BC

Can you just pause there for a second, because I'm confused around enrolment and being on a waiting list. Do you know what I mean?

12:55 p.m.

Correctional Investigator, Office of the Correctional Investigator

Howard Sapers

Yes, I think I do understand your point, and here is the difficulty in terms of the limitations of the language around this.

The Correctional Service of Canada might tell you that they don't have a waiting list in the way you and I may think of a waiting list, like a waiting list to get hip replacement surgery. The reason is that you're not actually placed on a waiting list because in your program plan, given the length of your sentence, you may be prescribed to not start a program until very late in your sentence. So technically, you're not on a waiting list.

The difficulty is that by that point in your sentence, you may not be in an institution that offers that particular program, so at that point you're now denied access to that program unless you transfer. If you do transfer, you might go to an institution that offers the program but not during the intake cycle of that program, which means that you're going to have to wait until there is another intake cycle for that program. When you do get into that program, you then may have your program delivery interrupted because there is a vacancy in terms of the personnel who are supposed to deliver that program, or somebody might go on a leave—people take vacations—so the time you're in that program may be interrupted because the program is simply not being delivered.

12:55 p.m.

Conservative

Wai Young Conservative Vancouver South, BC

I'm sorry to interrupt you—

12:55 p.m.

Conservative

The Chair Conservative Kevin Sorenson

Very quickly.