Public Safety Committee on Oct. 31st, 2017

[Anne Kelly]

What do you mean when you say solitary confinement?

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

I am using one example from the various measures taken in a penitentiary that can have an impact on reintegration. In terms of mental health issues, I use solitary confinement as an example, but it could be something else. How can they impact reintegration?

[Anne Kelly]

When an offender arrives at one of our institutions, depending on his behaviour, he can be placed in administrative segregation. Certainly, that can have an effect on his rehabilitation and reintegration because we consider the offenders’ behaviour when we assess them, including for their security level.

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Thank you.

Let us go back to the assessments. I would like to know what factors are considered. I imagine the list could be quite long, when you use methods like that.

Is mental health history considered, or just behaviour, in such matters?

[Anne Kelly]

The issue is more the security level.

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

In using solitary confinement, the treatment is not a factor—

[Anne Kelly]

The factor really is the risk that the offender poses for the safety of the institution and the people in it, and for the offender himself.

As for the level—and Mr. Motiuk can tell you more about it—we consider how the people are adapting to the institution. We also consider the risk of escape, and also public safety.

[The Chair, Liberal, John McKay]

Thank you, Mr. Dubé.

Ms. Dabrusin, you have seven minutes.

[Julie Dabrusin, Liberal, Toronto—Danforth, ON]

Thank you to all of you for coming and providing us with information and experiences.

One of the first questions I have is about Gladue principles and training. It came up in the Spirit Matters report. Then again, when I look at the Auditor General's recommendations, the Gladue principles seem to be contained in at least two of them. One is 3.94, which said that “Correctional Service Canada should explore additional tools and processes” and includes “...consideration of an offender's Aboriginal social history”; the other is recommendation 3.106, which also said “structured guidance” should take into account “Aboriginal social history”.

What is being done in terms of Gladue training to respond to the Auditor General's recommendations?

[Anne Kelly]

We've developed structured guidance for parole officers and members of the case management team. It's called “A guide to documenting consideration of the Aboriginal social history”. As well, at each of our aboriginal intervention centres this summer, all the members received training on aboriginal social history. Also, we have what we call “parole officer continuous development” every year, and this year one component is the aboriginal social history. We're placing a lot of effort and energy on that.

Just as an aside, in my job I'm also responsible for third-level grievances from offenders. We're very good at documenting aboriginal social history. The training we're giving to our staff is how you take those factors and look at different culturally appropriate approaches.

Aboriginal social history is supposed to be considered in the decision-making process. When an offender grieves, let's say, a transfer decision or other decisions, if I see that aboriginal social history was not considered, in some cases I uphold a grievance, and we send letters to the institution to say that it needs to be done.

[Julie Dabrusin, Liberal, Toronto—Danforth, ON]

Thank you.

The other question I had goes to Truth and Reconciliation call to action number 35, which is “to eliminate barriers to the creation of additional Aboriginal healing lodges within the federal correctional system”. What is being done to eliminate those barriers? When I was reading through the Spirit Matters report, there were section 81 healing lodges and Correctional Service healing lodges. Are more healing lodges coming under section 81 now, and what's being done to improve that?

[Anne Kelly]

The first thing that's being done, obviously, is to continue to work with indigenous communities that expressed an interest in section 81. The other thing we've done is enhance our policy framework so that we have a stronger agreement framework. We've also enhanced our funding arrangements for existing section 81 healing lodges.

[Julie Dabrusin, Liberal, Toronto—Danforth, ON]

Is it now equal, then, between Correctional Service of Canada and section 81 healing lodges?

[Anne Kelly]

I wouldn't say it's equal, but it's been enhanced. Again, it's for them to better respond to the needs of indigenous offenders.

Actually, just to let you know, in September 2017 the minister and the first nation community of Waseskun signed a new section 81 agreement for five years that uses this new framework and the new funding arrangement. We just received a letter from them saying how happy they were with the collaboration that they received and with this stronger framework. I have other section 81 agreements that are coming to term that we will be renegotiating as well.

[Julie Dabrusin, Liberal, Toronto—Danforth, ON]

All right.

Just so I understand numbers, do we have healing lodges now represented in all of our provinces and territories across the country?

[Anne Kelly]

Right now we have healing lodges in B.C., the prairie region, and the Quebec region.

[Julie Dabrusin, Liberal, Toronto—Danforth, ON]

Okay.

What steps are you putting into place to eliminate barriers to the creation of more of them?

[Anne Kelly]

Again, we continue to engage indigenous communities. If they express an interest, we work with them.

Maybe Mrs. Connidis wants to talk about this aspect. She mentioned that with the communities it's often a question of willingness and capacity and having the supports that are in the community as well.

[Julie Dabrusin, Liberal, Toronto—Danforth, ON]

I probably only have a half a minute left.

[Angela Connidis]

It's what I referred to earlier. In our indigenous community corrections initiative, we find that communities largely don't have the capacity to do that engagement and to then get the community running. What our program wants to do is solicit interest and provide funding to those who are interested to develop those section 81 capabilities.

[Julie Dabrusin, Liberal, Toronto—Danforth, ON]

Thank you.

[The Chair, Liberal, John McKay]

Mr. Paul-Hus, you have five minutes.

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Thank you, Mr. Chair.

Ms. Kelly, as I understand it, current detention conditions for indigenous people are at a higher level than for other prisoners. For example, they have sections reserved for them and they have access to their elders.

If you compare their detention conditions to those of other inmates, do you agree that indigenous people do quite well?

[Anne Kelly]

Of course, you have to consider the unique status of indigenous people. The legislation requires us to give them specific programs, and that is what we do.

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

The programming aside, take their detention conditions, their cells and their living environment, for example. Are they different from those of other inmates?