Evidence of meeting #45 for Public Accounts in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was offenders.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Michael Ferguson  Auditor General of Canada, Office of the Auditor General of Canada
Don Head  Commissioner, Correctional Service of Canada
Anne Kelly  Senior Deputy Commissioner, Correctional Service of Canada
Joe Wild  Representative, Department of Indian Affairs and Northern Development
Stephen Gagnon  Director General, Specific Claims Branch, Department of Indian Affairs and Northern Development

3:35 p.m.

Liberal

The Vice-Chair (Mrs. Alexandra Mendès (Brossard—Saint-Lambert, Lib.)) Liberal Alexandra Mendes

I call the meeting to order.

Good afternoon.

Thanks to the witnesses from the Office of the Auditor General of Canada for coming to testify before us once again.

Today, we are studying report 3 of the 2016 Fall Reports of the Auditor General of Canada, entitled: “Preparing indigenous offenders for release—Correctional Service Canada.”

I'm very pleased to welcome Mr. Michael Ferguson, Canada's Auditor General, and Madam Carol McCalla, who is the principal in charge of the audit. From Correctional Service of Canada we have the commissioner, Mr. Don Head, and Madam Anne Kelly, senior deputy commissioner. Welcome to all of you.

You all have statements to make, so, Mr. Ferguson, the floor is yours.

3:35 p.m.

Michael Ferguson Auditor General of Canada, Office of the Auditor General of Canada

Thank you.

Madam Chair, thank you for this opportunity to present the results of our report on how Correctional Service of Canada prepares indigenous offenders for release back into the community.

Almost 3,800 indigenous men and women were in federal custody at the time of our audit. Correctional Service of Canada is mandated to provide rehabilitation programs and services to meet the unique needs of indigenous offenders. As well, when making case management decisions, staff are required to consider an indigenous offender's aboriginal social history.

Indigenous peoples represent 3% of Canadian adults, but they make up a growing proportion of the federal offender population. As of March 2016, indigenous offenders represented 26% of all offenders in federal custody.

Although Correctional Service of Canada cannot control the number of indigenous offenders receiving federal sentences, it can provide them with timely access to rehabilitation programs and culturally appropriate services, which can influence how long and how many offenders remain in custody.

We found that as the indigenous offender population grew, Correctional Service of Canada could not provide them with the rehabilitation programs they needed when they needed them. Most indigenous offenders in federal custody were serving short-term sentences, which means they became eligible for release after serving one year of their sentences. However, more than three-quarters of the offenders we examined were unable to complete their rehabilitation programs in that time because they were not given timely access to the programs they needed.

Parole supervision is a highly effective way to support the successful return of an offender to the community. However, we found that two-thirds of released indigenous offenders had never been on parole. Half of these offenders were released directly from medium- or maximum-security institutions back into the community, which means that they had less time to benefit from a gradual and structured release until the end of their sentence. Overall, Correctional Service Canada prepared indigenous offenders for parole hearings less often than non-indigenous offenders, and when they did, it was later in their sentence.

Correctional Service Canada used the custody rating scale to help determine an offender's security level and need for a rehabilitation program. More than three-quarters of indigenous offenders were sent to medium- or maximum-security institutions upon admission, which was at significantly higher levels than for non-indigenous offenders. Once in custody at higher levels of security, few indigenous offenders were assessed for a possible move to a lower level before release, even after they completed their rehabilitation programs.

We found that Correctional Service of Canada's assessment tools did not address the specific needs of indigenous offenders or consider their aboriginal social history, as required. Moreover, these assessment tools could have resulted in higher than necessary referrals to rehabilitation programs. Although Correctional Service of Canada had developed better tools, it had not yet put them into use.

Correctional Service of Canada has provided several culturally specific programs and services for indigenous offenders. However, access to these services was uneven across institutions.

For example, healing lodges were designed to meet the unique needs of indigenous offenders, but they did not exist in all regions. There were none in Ontario, where approximately 500 indigenous offenders were located. We found that offenders who participated in healing lodge programs had very low rates of reoffending upon release, yet Correctional Service of Canada had not examined ways to provide greater access to more indigenous offenders.

Correctional Service Canada also contracts with elders to work with offenders and deliver culturally specific rehabilitation programs. However, we found that staff did not take this work into account when they made recommendations to the Parole Board of Canada. Without this information, the Parole Board would not be able to appropriately consider the offender's potential for successful release.

We are pleased that Correctional Service Canada has agreed with our recommendations and committed to take corrective action to improve results for indigenous offenders.

Madam Chair, this concludes my opening statement. We would be pleased to answer any questions the committee members may have.

Thank you.

3:35 p.m.

Liberal

The Vice-Chair (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

Thank you very much, Mr. Ferguson.

You have the floor, Mr. Head.

3:35 p.m.

Don Head Commissioner, Correctional Service of Canada

Thank you, Madam Chair and members of the committee. Thank you for the invitation to appear before you today to discuss the Auditor General's performance audit, “Preparing Indigenous Offenders for Release”, and the accompanying recommendations.

The report examined whether the Correctional Service of Canada provides timely correctional interventions to incarcerated indigenous offenders and assessed its performance in assisting with rehabilitation and reintegration efforts. It made eight recommendations to improve indigenous offenders' conditional release opportunities, including ensuring timely access to culturally specific correctional programs and interventions, documenting progress and risk reduction associated with participation in culturally specific interventions and the associated impact on the offender's security level, and ensuring consideration of the aboriginal social history in case management documentation and decisions.

CSC fully accepts the Auditor General's findings and recommendations and is currently implementing measures to address them. CSC is committed to supporting indigenous offenders with a revised approach that will focus our efforts to support their successful and safe rehabilitation and reintegration into the community at rates comparable to those for non-indigenous offenders.

While CSC cannot control the number of indigenous Canadians receiving federal sentences of incarceration, our work and interventions could ultimately impact, to some degree, the length of time these offenders remain in custody, the security level of the institution they are managed in, and the timing of the presentation of their cases to the Parole Board of Canada for conditional release decisions.

Our goal is to reduce the gap in successful community reintegration between indigenous and non-indigenous offenders. CSC is committed to enhancing its capacity to provide effective programs and interventions for indigenous offenders and is working collaboratively with criminal justice partners and community stakeholders to support the rehabilitation and safe reintegration of indigenous offenders into the community.

To accomplish this, I'll be working closely with my senior executive team to achieve the progress and sustainable results that Canadians expect.

I would like to share with you some demographic information about CSC's indigenous offender population.

CSC continues to observe an increase in its total indigenous offender population. At mid-year in the fiscal year 2016-17, indigenous offenders represented 23.1% of the total offender population, accounting for 26.5% of those in custody and 17.4% of those on some form of conditional release in the community. Furthermore, over one-third of incarcerated women are indigenous, representing 36.7% as of January 15, 2017.

The indigenous offender population differs from the non-indigenous offender population in a number of areas. For instance, when we look at global statistics, indigenous offenders tend to be younger, they are more likely to have served previous youth and/or adult sentences, they are incarcerated more often for violent offences, and they are more inclined to have gang affiliations and have higher risk and needs ratings.

It is important to state that CSC's approach to indigenous corrections will continue to be culturally sensitive to and inclusive of indigenous communities in order to provide the most effective correctional outcomes and, in turn, contribute to the best possible public safety results for Canadians.

Providing effective programs for indigenous offenders is a key priority for CSC, and while we have made significant progress in identifying and addressing the specific needs of indigenous offenders, we recognize that more work remains to be done.

CSC's approach to indigenous corrections is based on the aboriginal continuum of care model, which was established in 2003 in close collaboration with elders and members of indigenous communities. This approach begins at intake, is followed by institutional paths of healing, and ultimately supports the reintegration of indigenous offenders into the community. The model provides the flexibility necessary to respect the diversity of first nations, Métis, and Inuit people.

CSC offers, within the aboriginal continuum of care, aboriginal liaison services, aboriginal correctional programs, Pathways initiatives, Inuit elder liaison and programming resources, aboriginal women's programs and services, release planning and reintegration services, and healing lodges for both women and men.

These interventions are integral to CSC's strategic plan for aboriginal corrections and the Anijaarniq Inuit strategy. Additionally, with an offender's consent, release planning is completed in consultation and collaboration with the participation of indigenous communities, as per section 84 of the Corrections and Conditional Release Act.

With input from the national aboriginal advisory committee, CSC continues to develop and provide a number of indigenous-specific programs and services to improve correctional results for indigenous offenders and respond to the disproportionate representation of indigenous individuals incarcerated federally. Further to this, CSC also makes targeted efforts to recruit and retain indigenous employees to assist in the delivery of indigenous interventions and to provide culturally relevant perspectives. As a result, CSC is the largest employer of indigenous peoples in the core public service.

In moving forward with the Auditor General's recommendations, CSC will be innovative in its approach to indigenous corrections in keeping with the spirit and intent of the Gladue principles. We will look for ways to improve and enhance several key areas of our policies and operations by examining how individual offender cases are managed. We will review our assessment procedures to ensure that the security levels of offenders are determined by considering individual aboriginal social history factors and that parole officers are proactively preparing offenders, especially low-risk offenders, for presentation to the Parole Board of Canada for decision by the first eligibility date.

Continuing to increase the availability of and access to culturally relevant programs tailored to the needs of indigenous offenders is a key priority. Working to fully implement the aboriginal integrated correctional program model to ensure that indigenous offenders have access to the right correctional programs at the right time to support their successful release is also a priority. Optimizing the roles of our elders and spiritual advisors and the use of Pathways initiatives and healing lodges to provide strong, structured, and culturally supportive environments for indigenous offenders on the path to rehabilitation and reintegration is another one of our key priorities.

Also, enhancing our collaboration with indigenous communities and partners to help increase their participation in the management of indigenous offenders' sentences and successful reintegration as part of the CCRA section 84 release planning process is also a priority.

I must stress that my organization cannot do this alone. CSC will continue to work closely with our partners in the criminal justice system, indigenous organizations, and community stakeholders to address the needs of indigenous peoples. Together we can work to close the gap in correctional results between indigenous and non-indigenous offenders.

In conclusion, Madam Chair, I would like to reiterate to you what I wrote to Mr. Ferguson in our response to the OAG's report and findings, which is that this report marks a milestone in Canada's correctional history. I sincerely believe it is a catalyst for strengthening our nation-to-nation relationships and Inuit-to-crown relationships with indigenous peoples, and that it offers the opportunity to deliver a coordinated and cohesive strategy for improving reintegration results for indigenous offenders.

With that, Madam Chair, I thank you for the opportunity to meet today. I welcome any questions that you or the committee may have.

3:45 p.m.

Liberal

The Vice-Chair (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

Thank you very much, Mr. Head.

I'd like to go to Ms. Shanahan for the first set of questions, for seven minutes.

3:45 p.m.

Liberal

Brenda Shanahan Liberal Châteauguay—Lacolle, QC

Thank you, Madam Chair.

Thank you all for being with us this afternoon.

To say that this report is shocking only starts to describe the reaction that I think all of us here on the panel had when we were reading this report. I'm sure this is information that is readily available, but we read on page 1 of the Auditor General's report, “Indigenous offenders accounted for 26 percent of all offenders in custody in the 2015–16.... In particular, Indigenous women make up 36 percent of female offenders in custody...”, where in the general population....

I'm not telling you anything you don't know. You know this.

What I'm trying to get to is—and this question is for Mr. Head—that the CSC has had an approach to rehabilitating indigenous offenders since 2003, over 10 years. Can you tell us how many of the incarcerated have access to that rehabilitation program today?

3:45 p.m.

Commissioner, Correctional Service of Canada

Don Head

Yes, thank you. That's a very good question.

All offenders have access to all the mainstream programs at any given time. Indigenous offenders have the ability to go down a path that is more specific to their cultural needs. These are opportunities that would have them engaging with elders, possibly participating in the Pathways initiatives in several of our institutions, and possibly even going to healing lodges as part of the gradual de-escalation in security levels.

3:50 p.m.

Liberal

Brenda Shanahan Liberal Châteauguay—Lacolle, QC

I understand, Mr. Head. That has been described to us. Those programs are available, but apparently not everyone is getting access to them. In fact, a very small number have access. Can you tell the committee today, as a percentage, how many people are actually able to access those culturally-appropriate programs, are able to get into them, are in them?

3:50 p.m.

Commissioner, Correctional Service of Canada

Don Head

It's driven to a large extent by the desire of the offender. We have indigenous offenders who choose not to go down the path that would lead to healing lodges. Some will take the mainstream programs, and they have access to all the mainstream programs. For those who choose to go down the path of the healing lodge and Pathways, they're there, so in terms of percentages, it's hard to give you the number you're looking for.

I can tell you where we stand in terms of the healing lodge beds we have and how many are used. I can tell you about the Pathways initiatives and how many offenders are participating. I can tell you the number of individuals who have section 84 release plans. As I say, though, some of that is driven by the offenders themselves.

3:50 p.m.

Liberal

Brenda Shanahan Liberal Châteauguay—Lacolle, QC

If you don't have that information for us today, can you provide it in writing to the committee at a later date?

3:50 p.m.

Commissioner, Correctional Service of Canada

Don Head

Yes, I most definitely can.

3:50 p.m.

Liberal

Brenda Shanahan Liberal Châteauguay—Lacolle, QC

That's good, because I'm seeing conditions attached to access to those programs. I'm hearing that the offenders—correct me if I'm wrong—have to be in minimum security, whereas most of the offenders are in medium or higher security. Can you clarify the access there, and what measures you've taken to look at who can realistically access the program?

3:50 p.m.

Commissioner, Correctional Service of Canada

Don Head

We offer Pathways units in various security levels. It's not just minimum security offenders who can access the Pathways initiatives. We also have elders in all levels of security—maximum, medium, and minimum.

Access to the healing lodges is for individuals who have been classified as minimum security. These facilities are not defined by fences. They're very much open-concept institutions. Going forward, we're trying to accelerate both the intake assessment and the involvement in those programs. We want this to happen within the first month or two that an inmate comes into the system, as opposed to what was happening before, where it could take up to 150 or 160 days for individuals to get involved in programs.

We're literally targeting the first week that they come into the institution. Their assessments are going to include asking them which stream they would like to pursue. They stay in the intake units and start their program primers, and in some cases they actually start their full programs while they're still in intake, without waiting until they've been transferred to another institution.

The other big change we are putting in place is that we will changing the lens through which we look at offenders who have completed the program. We're going to take a bit of what we call a presumptive transfer to lower security upon completion of the program. What the parole officers would have to do in these cases is sort of the reverse of what they're doing today: it's that once an offender has competed their program, the assumption is that they are now ready to be transferred to lower security.

3:50 p.m.

Liberal

Brenda Shanahan Liberal Châteauguay—Lacolle, QC

Mr. Head, how is it that in his report the Auditor General found that most offenders still left at their prescribed time without receiving any rehabilitation help? I would like that to be explored throughout this meeting.

Do you have some time to answer that now?

3:55 p.m.

Commissioner, Correctional Service of Canada

Don Head

It's not that the offenders were not getting any programming or intervention opportunities. I defer to the OAG to clarify their statement.

The assessment tools that were being used indicated that aboriginal offenders were being referred to more programs than what was possibly necessary. Therefore, they were being kept at certain security levels in certain institutions for longer periods of time. However, the approach we're taking now is that after they've completed the program, there will be a presumption that their security level is being reduced to a lower level security, which should in turn position them much sooner for a submission to the Parole Board for a conditional release consideration.

3:55 p.m.

Liberal

The Vice-Chair (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

Okay. Thank you very much, Ms. Shanahan.

Now we gave have Mr. Jeneroux for seven minutes, please.

3:55 p.m.

Conservative

Matt Jeneroux Conservative Edmonton Riverbend, AB

Thank you.

Thank you very much for being here today, both your offices.

I want to get to CSC. In your response to paragraph 3.97, the agency says that you will implement the use of the criminal risk index, as it is a more appropriate tool for aboriginal offenders. Could you comment on the difference between the CRI and what's used with the other offenders? Is it a different program that they use?

3:55 p.m.

Commissioner, Correctional Service of Canada

Don Head

Yes, the criminal risk index is an assessment tool that we found through our research that does not appear to have any potential bias built into it. Therefore, it's not going to suggest that an individual be classified at a higher level or held in a higher security level.

There were some questions around some of the other tools that we had been using, not necessarily as to their validity, but whether there was a bias in the tool. The current research that has been going on for the last little while is indicating to us that the criminal risk index will be a much better tool and will actually facilitate the assessments much more quickly than the previous tools.

3:55 p.m.

Conservative

Matt Jeneroux Conservative Edmonton Riverbend, AB

To the Auditor General, Mr. Ferguson, what particular characteristics would you suggest or are you seeking for CSC to put in place for that indicator?

3:55 p.m.

Auditor General of Canada, Office of the Auditor General of Canada

Michael Ferguson

If I understand, that's in terms of the criminal risk index?

3:55 p.m.

Conservative

Matt Jeneroux Conservative Edmonton Riverbend, AB

Yes, please.

3:55 p.m.

Auditor General of Canada, Office of the Auditor General of Canada

Michael Ferguson

At the time of the audit, we were identifying that CSC was using the custody rating scale to assign indigenous offenders to their rehabilitation programming. The custody rating scale was primarily designed to assign an offender to a level of security. It wasn't designed specifically to assign rehabilitation programming to the offender. In contrast, the criminal risk index is a tool that is more appropriately used to assign programming to offenders. They had already discovered the tool and they had already piloted it, so our comment was that if it looks like that tool is perhaps better than the custody rating scale tool to assign programming to offenders, then CSC should consider using it for all offenders, including the indigenous offenders.

3:55 p.m.

Conservative

Matt Jeneroux Conservative Edmonton Riverbend, AB

If I understand, the rehabilitation piece of it was missing from the original tool?

3:55 p.m.

Auditor General of Canada, Office of the Auditor General of Canada

Michael Ferguson

When an offender came into the Correctional Service, they applied the custody rating scale. They assessed the offender using that tool, the custody rating scale. By definition, custody rating is a tool that was primarily designed to say what level of custody this person should be held at—maximum, medium, or minimum.

However, they were using that tool, which was designed to assess what level of custody the offender should be held at, to also say what programming, what rehabilitation programming, they should assign them to. The tool wasn't really designed for that.

Given that perhaps at one point it was the only tool they had, maybe it was originally the only approach they could use. Then we discovered that they had found and piloted the criminal risk index, which was a tool that was more designed to be able to identify programming that an offender should use. We simply said that since you've already identified that and you've already started using it in some cases, you should consider using it for assigning programming to indigenous offenders as well.

4 p.m.

Conservative

Matt Jeneroux Conservative Edmonton Riverbend, AB

Mr. Head, you piloted this program but you hadn't implemented it, and now with the Auditor General's suggestions you plan to implement it.