Indigenous and Northern Affairs Committee on Nov. 26th, 2009

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Thank you, Mr. Chair.

I'd like to thank the witnesses for coming here today.

I'm very interested in the first nations. I was an RCMP member for 18 years. I have family who have been incarcerated. I have family members who have gone on probation. I've gone through the whole gamut of the correctional system. I've lived and worked in northern Saskatchewan as a police officer dealing with aboriginal and non-aboriginal communities.

You submitted a report. Has much changed from the report that you submitted back in 2007 up to this current report? What have you done? What's different?

[Howard Sapers]

Forgive me; I'm just not sure which report you said was submitted in 2007. Our most--

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

You appeared before the committee in 2007, correct?

[Howard Sapers]

Yes, okay. I just wasn't sure which report you meant.

The update we have most recently produced is the update that was commissioned, the “Good Intentions” report. I think what it tells you is that there has been some movement in terms of policy clarification, role clarification, the development of a strategic plan and accountability framework. There has been some new investment since 2007.

What we haven't seen is dramatic change in the correctional outcomes, in the gaps that were documented—not just in 2007, but the gaps that have been documented over time.

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

This is what I was seeing in Saskatchewan in working in the correctional field. The mission statement of the RCMP is “keep the peace”. Now, I've seen healing circles work. I've seen sentencing circles. I've also dealt with the provincial correctional system, which has a first nation contingent as well--having correctional facilities located on various first nations, for example. There are victim impact statements that the victims can present at the sentencing.

What I'd like to know is the percentage of aboriginals in the correctional system classified as violent offenders, where they've committed crimes of physical violence against an individual. I'd also like to know what percentage of those offenders have committed the offences on aboriginal people.

When I was stationed at, for instance, Onion Lake, I thought I was being stationed to a quiet reserve. We had 743 complaints come in when I went in there. Once phone lines were provided to the community, they expected a policing service and to be protected. That number jumped three times, up to 2,100. In the last year I was stationed there, it was 2,600.

If you don't mind, would you answer those questions for me?

[Howard Sapers]

Thank you. I'll do my best.

I can tell you that in the strategy for aboriginal corrections accountability framework, released by the aboriginal initiatives directorate of the Correctional Service of Canada on April 28, 2009, table after table will give you precise answers to those questions about the criminal histories and the distribution of the indexed offences for which the population is serving sentences. If that information is not readily available to the committee, we can make it available.

I can also tell you that I don't have information on the victimization of aboriginal offenders. I don't know whether that information is being collected by anybody. It certainly is not being collected by my office, and it's well outside of my mandate.

The focus of my office, of course, is the administrative and procedural fairness of the Correctional Service of Canada as it applies its legal and policy framework to federal corrections. We really have insight and knowledge only about those men and women who receive federal sentences from the court and how they are dealt with by the Correctional Service of Canada.

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

You hear about discrimination. We have a mandate not to discriminate while providing a service to aboriginal Canadians to protect them. I'd like to have those numbers, if you could provide them to me and present them to the committee, the statistical data on the offenders and the ratio to the victims who are aboriginals, if you don't mind.

[Howard Sapers]

As I said, I don't have access to victimization numbers. I cannot provide you that information. I can certainly provide you access to the Correctional Service of Canada roll-up in their strategic document. I also know that you're going to be hearing from the commissioner of corrections. Frankly, I think he would be in a better position to speak to his organization's document than I would. I wouldn't want to interpret it for him.

[The Chair, Conservative, Bruce Stanton]

Thank you, Mr. Clarke and Mr. Sapers.

That's it, members.

We'll now suspend for five minutes, after which we will resume for the second part of our orders of the day.

[The Chair, Conservative, Bruce Stanton]

Members, let's proceed with the second part of our meeting this afternoon. We would like to welcome Mr. Don Head, Commissioner of the Correctional Service of Canada. This is our continuing study of the findings of the correctional investigator's report regarding the incarceration of aboriginal women.

Mr. Head, I think you were here with us in the gallery during the first hour and generally know the rules and how this goes. You have up to 10 minutes for your presentation, and then we will go to questions from members.

Please proceed when you're ready.

[Don Head, Commissioner, Correctional Service of Canada]

Thank you, Mr. Chair.

Good afternoon, everyone. I would like to thank you for the opportunity to speak to you today.

By way of background, I have been Commissioner of the Correctional Service of Canada since June 2008. From 2002 until that time, I was the Correctional Service of Canada's senior deputy commissioner. I actually began my career as a correctional officer in 1978.

I have also worked in the provincial and territorial correctional systems, first in the Yukon as the warden of the territorial jail and as the acting director of community and correctional services, and then in Saskatchewan as the assistant deputy minister responsible for probation and correctional services for the Department of Corrections and Public Safety. I believe my experience in the territorial, provincial, and federal correctional systems has provided me with a good understanding of issues surrounding aboriginal corrections.

The disproportionate representation of aboriginal peoples throughout the criminal justice system has been well documented. Currently aboriginal peoples account for about 4% of the adult Canadian population, but 17% of the federal offender population. The factors associated with this overrepresentation are multi-faceted and complex. They involve such challenges as community health and well-being, socio-economic inequities, and intergenerational trauma. The factors are not only multi-dimensional; they are, quite frankly, societal in nature.

CSC is at the receiving end of the criminal justice system, and as such has very limited capacity to resolve these multiple factors. What we can do is take action within our legislative responsibilities to address the needs of first nations, Métis, and Inuit offenders as set out in the Corrections and Conditional Release Act.

The Corrections and Conditional Release Act is very specific about our responsibilities with respect to aboriginal offenders. It requires us to provide culturally appropriate policies, programs, and interventions that address factors associated with risk and needs of offenders as a foundation for their safe return to the community.

[The Chair, Conservative, Bruce Stanton]

Mr. Head, I'm going to slow you down a little so that we can do the simultaneous interpretation. I realize you have a lot of material here, but take your time. If there's something left at the end, we'll be able to work it in during the question-and-answer section.

Thank you.

[Don Head]

Oui, monsieur le président.

It also gives aboriginal people a place in the development and delivery of federal correctional policies, programs, and services, while providing for aboriginal spirituality and culture in the correctional environment.

For example, section 81 of the Corrections and Conditional Release Act sets out the provisions for the establishment of agreements for the transfer of minimum-security aboriginal offenders interested in pursuing a healing path from CSC facilities to the care and custody of healing lodges established in aboriginal communities. The Corrections and Conditional Release Act guides our efforts to address the needs of aboriginal offenders. In a moment, I will give you an overview of the steps that we have taken and plan to take to address these needs, but first I'd like to outline for you some of the challenges that we face in our work.

Aboriginal offenders tend to be younger than non-aboriginal offenders, with greater needs and higher risk levels. Many have lengthier criminal histories and a greater percentage of violent convictions and gang affiliations. Over the past several years, there has been a trend toward shorter sentences for all offenders, including aboriginal ones. This trend seriously limits the time available for CSC to provide access to programs and interventions dealing with important issues such as substance abuse and violence prevention, areas of critical importance for the safe return of aboriginal offenders to the community.

Aboriginal offenders tend to represent a greater proportion of unmotivated offenders who refuse to access programs and comply with correctional plans. They also demonstrate greater needs in areas such as substance abuse, employment and employability, and education. In this context, aboriginal offenders continue to serve a greater proportion of their sentences in institutions, are more likely to waive or postpone their parole hearings, and have higher rates of reincarceration during periods of conditional release.

Responses to these issues are challenging, but we have taken a course of action that we believe will improve results over the long term. Research has demonstrated that reconnection with culture, family, and community are key factors in the rehabilitation and reintegration of aboriginal offenders. Therefore, Correctional Service of Canada's approach to aboriginal corrections is based on a continuum of care model. It begins at admission, is followed by paths of healing, and ends with the reintegration of aboriginal offenders into the community. This approach has a positive impact on public safety—it engages aboriginal offenders in the process, thus reducing the likelihood of reoffending and reincarceration.

The continuum of care model, which was developed with the guidance of aboriginal elders, was adopted by the Correctional Service of Canada in 2003 and expanded in 2009 to emphasize collaboration and horizontality within government agencies and aboriginal communities. The model provides the flexibility necessary to respect the diversity of first nations, Métis, and Inuit peoples. It is also respectful of significant provincial and territorial variations in cultures, traditions, and languages, as well as the diverse needs and capacities of rural, urban, remote, and northern communities.

In 2006 we developed the strategic plan for aboriginal corrections, which expanded on the continuum of care model. In 2009 the strategic plan was updated in light of our accountability framework, which is designed to ensure that the aboriginal dimension is integrated into all aspects of our planning, operations, reporting, and accountability. It is grounded in specific actions within the context of CSC's five corporate priorities. The actions supported by the accountability framework reflect an understanding of aboriginal cultures and history, the current social reality, and the importance of cultural traditions when formulating meaningful correctional policy for the aboriginal peoples in our care.

Since 2004, CSC has been working towards the development of a northern strategy for corrections. A framework has been finalized and is being consolidated within an overall strategy. A discussion paper will be presented to the February 2010 meeting of Correctional Service of Canada's executive committee. The strategy will focus on the Yukon, the Northwest Territories, and Nunavut, as well as Nunavik and Nunatsiavut. CSC will be working closely with other federal departments and agencies, and with provincial, territorial, and aboriginal stakeholders to develop the northern strategy.

Several northern corrections programs and initiatives are under way with a focus on Inuit offenders, including the delivery of culturally appropriate programs, staff training, and liaison and consultation with territorial and federal government counterparts. Aboriginal offenders currently have access to education, work, correctional programming, and social or cultural services.

We know that effective correctional programs are an essential element in preparing offenders for their safe return to the community. As such, aboriginal offenders participate in both national programs, formerly referred to as core programs, as well as aboriginal-specific programs, which include the integration of effective correctional program principles with traditional aboriginal healing approaches.

CSC operates eight aboriginal-specific programs designed with aboriginal stakeholders for delivery by aboriginal staff. These programs target violence prevention and substance abuse, key areas that place aboriginal offenders at a higher risk to reoffend.

Through our experience working with aboriginal offenders, we observed that programs that include culturally appropriate elements and correctional interventions have proven to be more effective with an aboriginal population, which has higher risks and needs than other segments of the population.

For example, a recent evaluation has shown that male aboriginal offenders who participated in the “In Search of Your Warrior” program were 19% less likely to be readmitted to custody relative to a comparison group, and enrolments by aboriginal offenders in that program increased by 80%. Completion rates for the aboriginal substance abuse programs increased from 56% to 93%. Those who participated in our community maintenance program were 59% less likely to be readmitted for a new violent offence.

Because of this success, CSC is continuing to build capacity to deliver culturally appropriate treatment. As part of our national program improvement plans, CSC is developing an integrated correctional program model that will allow for inclusive and more efficient delivery of programs to all offenders. This new program model will be piloted in the spring of 2010. This model includes an ongoing support for the higher-risk offenders—for example, those in maximum security institutions—as it is believed that offenders will have better opportunities to engage in the correctional plans and transfer to lower security, where they can focus on successfully completing their correctional plans and on reintegration efforts.

With respect to recruitment, retention, and cultural competency in our workforce, CSC is viewed as the second-best employer in the federal public service in terms of representation of aboriginal peoples. In fact CSC has developed a very aggressive strategy for the recruitment of aboriginal peoples for key positions of influence, such as program officers, community development officers, liaison officers, correctional officers, parole officers, and elders. In addition, we have promoted several aboriginal staff to assistant warden, deputy warden, warden, and other executive-level positions within our organization.

CSC has invested nearly $33 million in aboriginal corrections through fiscal year 2009-10 to support the expansion of aboriginal interventions and healing programs in our institutions; healing lodges in communities; increased access to elders in our institutions; an increase in Pathways units to offer more intensive healing and support; concrete action to address the needs of aboriginal offenders from the north, with a focus on Inuit offenders; and the creation of more aboriginal employment and job placement opportunities.

CSC continues to work collaboratively with all criminal justice partners and the community to fully support the safe transition of aboriginal offenders to communities. I believe our dedicated efforts have put us on track to respond to the unique needs of aboriginal offenders.

Thank you for this opportunity to speak to you this afternoon, and I welcome any questions that you may have.

[The Chair, Conservative, Bruce Stanton]

Thank you, Mr. Head.

Now we will go to questions from members, seven minutes first, both for questions and responses.

We will begin with Mr. Bagnell for seven minutes.

Mr. Bagnell, go ahead.

[Larry Bagnell, Liberal, Yukon, YT]

Thank you, Mr. Chair.

I appreciate all the initiatives you're taking, and I encourage you to continue on with them. Those sound excellent. But the problem is the bottom line hasn't changed. As you probably heard, it's a pretty serious indictment on the federal government that over-incarceration is not getting any better or worse in spite of all these good ideas.

First, does that indictment rest with you or with the ministers of the government?

[Don Head]

If we look at the overall issues and concerns that we're dealing with, it does require a concerted effort, not only within the Correctional Service of Canada but across a broad spectrum of service providers. That could be at the front end of a criminal justice system or providing support for police in terms of how they engage and interact with aboriginal peoples in the communities. It could be for the courts to look at alternatives to deal with some of the issues that are presented in front of them, including issues of substance abuse, of mental health, or in terms of providing even the right kind of support in terms of legal aid for aboriginal peoples who are coming into the criminal justice system.

The work that I've talked about is under way, and it has required a significant investment in programs and resource areas in order for us to start to make a significant movement. Over the last couple of years we've started to receive that investment.

I would also suggest that there needs to be significant consideration in terms of what's required beyond the sentence of an offender, particularly an aboriginal offender. We know that aboriginal offenders, and offenders in general, who go through the programs participate in interventions and receive the kinds of services they need to address the factors that led them into conflict with the law work. They need to be sustained beyond the warrant expiry date of a sentence. That requires a significant discussion and investment in community-based services and social support services to help offenders stay out once they've moved through the system and have decided to uptake the types of programs and interventions that have been available through our system.

[Larry Bagnell, Liberal, Yukon, YT]

Thank you.

I definitely agree that a number of things should be done that are outside of your control; you mentioned a number of them.

You'll be disappointed to hear that the government is actually moving to reduce the restorative justice options that you were just talking about.

But there are a number of things you can do. I don't know if you were here when the investigator spoke. I'm not sure how long you've been in the role, but he said that time and time again he's put in recommendation after recommendation that haven't been followed. It sounded like he was hitting his head against the wall.

Any comments on the things that are within your control?

[Don Head]

Again, to go back to my earlier comment, with the investments that we've received in the last several years, we're starting to make progress in the areas that we need to in terms of putting in place the types of programs that will have the right impact that's needed in terms of dealing with aboriginal offenders. There's financing for increasing the number of aboriginal programs that we have in the system. There's financing to increase the number of what we call Pathways units, or units that are created specifically for aboriginal offenders who want to follow a healing path and to move forward. We now received funding to do that. There's funding to hire more aboriginal liaison officers, aboriginal community development officers, the ones who are actually working with the offender directly and helping them to make good choices for the future. So significant investment in these areas have come our way.

I've indicated in previous committees that in order for us to see the significant decrease in the gaps that we see between aboriginal and non-aboriginal offenders, it will take five to ten years of the sustained kind of focus that we're putting on this area right now.

[Larry Bagnell, Liberal, Yukon, YT]

I have two last quick questions. One is on your northern strategy. I think both you and the correctional investigator talked about the importance of the reintegration. If you're an Inuit or in the far north, you're not near the federal institution. What is your northern strategy doing about that?

Secondly, once again there are a lot of people, as you mentioned, with FASD who shouldn't probably be in the system at all. What are you doing to recommend to the government to deal with that problem?

[Don Head]

We have a series of initiatives, which I'd be glad to share with the committee in detail, in terms of providing opportunities for northern offenders who are in our facilities. There's everything from Inuit-specific programs to putting in place an aboriginal community development officer in the north. We're working very closely with the Nunavut government and looking for opportunities to work more collaboratively. We're working with the Northwest Territories and the Yukon government in terms of how we can combine our energies and our resources to come up with better strategies to address the needs of individuals from the north, specifically including finding responses that will help with the reintegration of those northern offenders when they go back to their communities. That is key. Once they go back to the community, there has to be the right kind of support network.

[Larry Bagnell, Liberal, Yukon, YT]

And FASD?

[Don Head]

We've done a lot of work in assessing the issues that are associated with FASD, and we're starting to make some progress in terms of the types of responses. The whole FASD issue is wrapped up in our overall approach to mental health, our response to mental health both at the institutional level and the community level within the correctional service.

[The Chair, Conservative, Bruce Stanton]

You still have 20 seconds, Mr. Bagnell.

[Larry Bagnell, Liberal, Yukon, YT]

Most offenders have substance abuse problems. Do you have enough programs, or are you making recommendations to the government for other programs to prevent that?

[Don Head]

Yes, we have a strong capacity to respond to substance abuse needs, but as the population increases, we continue to make representation for additional resources to address that need.