Thank you very much, Mr. Chairman.
First and foremost, I want to thank you and the clerk of the committee for accommodating our requirements to maintain our independence. It's not usual for us to participate as part of a panel before these committees. I understand that timing necessitated this and that there were some last-minute adjustments to help meet our needs. I do appreciate it.
In my capacity as the Correctional Investigator of Canada, I am always pleased to appear before this committee. In the interests of time, I will focus my remarks only on those elements of Bill C-10 that will impact directly on federal corrections. I will further restrict my remarks to only three concerns at this point.
I'm going to begin with the proposed amendments to the principles of the Corrections and Conditional Release Act. Secondly, I will speak to the issue of the capacity of the federal correctional system to safely manage a growing offender population. I will conclude by sharing my concerns regarding the bill’s proposal to further reduce access to pardons.
Let me first very quickly remind members of the committee of the role and mandate of my office. The office was established in 1973 to function as an independent ombudsman for federally sentenced offenders. The office is an oversight body, not an advocacy body. My staff does not take sides when resolving complaints against the Correctional Service.
My office contributes to public safety by ensuring that the rule of law is upheld behind prison walls and that the Correctional Service of Canada is accountable, open, and transparent while fulfilling its very important public safety mandate. Although we are not always in agreement with the Correctional Service, both organizations serve a larger public safety interest by assisting offenders to lead a responsible and law-abiding life upon release.
With respect to my first concern, I am not convinced that section 4 and section 101 of the CCRA need to be amended. The language of “least restrictive measures” that currently underlines the principles of the CCRA is one of the golden rules of corrections.
The least restrictive principle dictates that other less intrusive and restrictive alternatives must be assessed and considered when correctional authorities take a decision that restricts the life and liberty interests of offenders. My staff uses the least restrictive principle on a daily basis to review and investigate some of the most invasive practices in corrections, including involuntary transfer, placement into segregation, security classification, and the use of physical restraints.
It is also a standard by which my office assesses whether the Correctional Service used an appropriate and lawful degree of force when managing a security incident. Some aspects of Bill C-10—for example, expanding the use of mandatory minimum penalties, tightening of parole eligibility, and the elimination of house arrest for certain offences—will invariably lead to more people behind bars serving longer sentences.
As I documented in my latest annual report, which was tabled only two days ago, the Correctional Service of Canada is already challenged to meet accommodation needs. Today, approximately 13% of the male inmate population is double-bunked, meaning that these inmates are housed in cells built for one. According to the Correctional Service, this number will increase to 30% before planned new construction is able to provide relief.
Prison crowding undermines nearly everything that can be positive or useful about a correctional environment. It is linked to increased levels of institutional violence. Prison crowding is a contributing factor to the spread of infectious disease. It reduces already limited access to correctional programming.
Some of the amendments will almost certainly have disproportionate impacts on Canada’s more marginalized populations, including aboriginal peoples, visible minorities, those struggling with addictions and substance abuse problems, and the mentally ill. Indeed, nearly all of the growth in the correctional population over the past decade can be accounted for by these groups.
Correctional authorities are responsible for the care and humane custody of offenders and for actively assisting those offenders in their safe reintegration, while paroling authorities should render impartial decisions on whether offenders can be safely released into the community. These responsibilities are to be discharged recognizing that offenders have retained rights, and sentences are to be administered accordingly.
For this reason, I am unsure of the intent of proposed sections 4 and 101 requiring that sentences be managed with due regard for “the nature and gravity of the offence”. I am certain that Parliament would not want to be seen to be directing the Correctional Service of Canada or the Parole Board of Canada to add additional punishment to the order of the sentencing court.
This brings me to my final point on extending the ineligibility period for a pardon application and the proposal to make some ex-offenders ineligible for a pardon based on the offence or the number of offences committed. It's worth noting that the vast majority of individuals who receive a pardon do not reoffend.
The current system is based on a case-by-case analysis of all relevant risk assessment information. The system appears to work well. It's my view that we need to assist offenders to make a successful transition to a law-abiding life--not create additional obstacles. The government's commendable commitment to enhance access to vocational training in federal corrections would be self-defeating if those newly trained offenders were to face additional barriers in securing legitimate employment.
Thank you very much, Mr. Chairman. I'd be pleased to respond to any questions.
