Public Safety Committee on Jan. 27th, 2015

[Don Head]

If you don't mind, Mr. Chair, I'll try to clarify some of those numbers. The minister's comments were in the right zone; I just want to make sure that the context was clear.

I'll talk about the urinalysis testing first. The minister was talking about the testing we do. On a monthly basis we random test in the institutions 10% of the population. In addition, we have the ability to do tests if we believe somebody is involved in drug activity or has taken a toxin into their body, and we do the same in the community. The statistic around the 87% is that of all the tests we do in a given year, 87% of them are negative tests, which leaves 13%. To clarify, half of that 13% is individuals who have refused to provide a sample and the other half is individuals who have tested positive. Internally we treat individuals who refuse to provide a sample as being a positive test, which means that 13% on average in a year test positive.

In terms of the program numbers that the minister was talking about, the 70% number that he briefly mentioned talks about the number of offenders who receive what we call a complete nationally recognized correctional program prior to their first parole eligibility date. So 70% of offenders complete at least one nationally recognized program before their parole eligibility date.

In terms of the 95% number that the minister mentioned, 95% of offenders have completed at least one nationally recognized program before their warrant expires, before their sentence is entirely up.

I hope, Mr. Chair, that clarifies at least those numbers. There may be subsequent questions, but I just wanted to clarify those numbers.

[Randall Garrison, NDP, Esquimalt—Juan de Fuca, BC]

So the 95% might not include a drug treatment program; it's any recognized national program.

[Don Head]

It could be any nationally recognized program. What will happen, as I mentioned earlier, is that every offender who comes through our door right at the time of admission has a correctional plan. That correctional plan, based on a number of evidence-based assessment tools, will determine what programs the offender needs to address both in the institution and in the community. If they have a substance abuse problem, we have several tools to help us identify that. That will be identified in their correctional program.

Earlier in my intervention I mentioned the integrated correctional program model we've implemented in two of the five regions now. It will be implemented in the other three in the coming year. We start those program teachings and learnings within the first 90 days now, as opposed to when offenders could have waited up to six to nine months before getting into their program and starting any program learning. We have now started to gear ourselves to providing offenders with that training and that teaching. It includes the very basic elements that are included in our national substance abuse program.

[Randall Garrison, NDP, Esquimalt—Juan de Fuca, BC]

With the integrated correctional programming, do we have any evaluation yet of its success rate when it comes to dealing with addiction problems? Before we had a much more specific program for addictions, which was very successful. Do you have those evaluations at this point and could you table them with the committee, please?

[Don Head]

Yes, we have an early evaluation just in terms of its general implementation. Over the next two years we'll have a more detailed evaluation as to its overall effectiveness and efficacy as it relates to various correctional planning modules. Over the next two years those research reports will hopefully validate what we're seeing in the early stages.

[Randall Garrison, NDP, Esquimalt—Juan de Fuca, BC]

My specific question was whether the early evaluation can be tabled with the committee.

[Don Head]

We can definitely share that, yes.

[Randall Garrison, NDP, Esquimalt—Juan de Fuca, BC]

Okay. Thank you.

[The Chair, Conservative, Daryl Kramp]

Thank you very much, Mr. Garrison.

We will now go to Ms. Ablonczy, please.

[Diane Ablonczy, Conservative, Calgary Nose Hill, AB]

Thank you for appearing. Mr. Head, we appreciate you for the leadership you show in Canadian society. We know this is a very difficult area, and we just want you to know that we're appreciative of the leadership you show.

You mentioned that 95% of offenders who require treatment through their correctional program receive it by their warrant expiry date. I'm wondering if you could provide this committee with some information about the kinds of programs that are available.

[Don Head]

We offer a variety of evidence-based programs. A lot of our programs have actually formed the basis for many other jurisdictions around the world for their correctional programming models they put in place. The work we've done around substance abuse programming has been a model for over 15 years. Violence prevention programming is another specific area that we spend a lot of time on.

Cognitive behavioural programming is the basis for a lot of the various programs that we offer. It helps individuals look at situations, look at options, and make better choices in life. Cognitive behavioural programs are part of our suite.

We also have programs that are specific to aboriginal offenders and to women offenders. As a matter of fact, with aboriginal offenders we have an aboriginal substance abuse program—just in keeping with the theme of the discussion today—that builds on the evidence-based substance abuse program that we've had in place for a number of years. It builds in the cultural and spiritual components that keep aboriginal offenders interested in participating in the program.

We also offer education, which is part of our programming suite. We also offer employment skills development for offenders.

There's quite a variety of programs we offer that target those factors that evidence has shown us lead people into criminal behaviour.

[Diane Ablonczy, Conservative, Calgary Nose Hill, AB]

Thank you. I appreciate that.

Mr. Cenaiko, I'm wondering about your opinion of the tools that are in this bill to allow the Parole Board to apply to prevent parole for people who have failed their drug test. Are you satisfied that it is going to be helpful to the Parole Board to have this new tool?

[Harvey Cenaiko]

The new information that will be provided with the legislation will trigger a review by the board, as is currently the case when any new information regarding an offender is provided to the Parole Board of Canada prior to an offender's release, which we obtain from CSC. The board would assess whether the criteria for granting parole is met.

We make in the area of 27,000 decisions; approximately 85 board members make about 27,000 decisions every year, reviewing about 19,672 cases.

In addition to that, the use of the special condition to abstain from drugs and alcohol was used in 2013-14 on 15,683 occasions, which again ties in with the large number of offenders in the institutions who have come into the institutions, or had a drug or alcohol criminogenic factor in committing criminal offences prior to being institutionalized, prior to being convicted.

I think it is important legislation. It touches on the majority of offenders, as the minister mentioned, 75% in the institutions. As we move forward, the opportunities for rehabilitation are in the institutions.

They're also noted in the correctional plan, which the offenders are responsible for working with CSC in developing, to prepare themselves for their release back into the community. As they prepare to come before the Parole Board, they're preparing themselves. We take note of all the programming that they've taken in the institution, which would include alcohol and drug prevention programs, in preparing themselves. Obviously, if they haven't, if they've tested positive, those are taken into consideration.

[Diane Ablonczy, Conservative, Calgary Nose Hill, AB]

Are there any other jurisdictions that you're aware of that have put this kind of provision in place?

[Harvey Cenaiko]

Not that I'm aware of, I'm sorry. I can check and get back to you with that information, if there are other jurisdictions that we work with closely.

[Diane Ablonczy, Conservative, Calgary Nose Hill, AB]

It puts more responsibility back on the offenders, really, to take ownership or to take charge of their corrections plan, to have accountability at the end of the day.

[Harvey Cenaiko]

I think that part of earning parole is working themselves towards bettering themselves. The remorse behind the criminal act they may have committed and the victimization they may have caused someone are all extremely important as they move forward through their time in an institution.

[Diane Ablonczy, Conservative, Calgary Nose Hill, AB]

You mentioned some numbers, but roughly what percentage of parolees would have to follow the condition of refraining from alcohol and drugs?

[Harvey Cenaiko]

As I mentioned, of the 27,000 decisions we make each year, 15,683 decisions included that special condition of not consuming, purchasing, or possessing alcohol.

[Diane Ablonczy, Conservative, Calgary Nose Hill, AB]

That's over half.

[Harvey Cenaiko]

Yes.

[Diane Ablonczy, Conservative, Calgary Nose Hill, AB]

Thank you.

[The Chair, Conservative, Daryl Kramp]

Thank you very much, Ms. Ablonczy.

We will now go to Mr. Easter. You have the floor, sir.

[Wayne Easter, Liberal, Malpeque, PE]

Thank you, ladies and gentlemen, for appearing.

I'll start with the Parole Board. Under Bill C-12, I don't believe—and I could be wrong on this—that if an offender fails a urine test or fails to take it, the board would absolutely cancel the parole. Is that true or is it not?

I will put my question this way. Does the board itself have any discretion over the offender's parole if he or she fails the urine test or fails to take it? Is any discretion left with the board, or is the legislation absolute that the parole will be cancelled?

[Harvey Cenaiko]

As the legislation states, the board shall cancel the parole if, in its opinion....