Indigenous and Northern Affairs committee  The most simple answer is no, which is why, even though training in and of itself won't solve the problem, training is part of cultural change. The provision of training is an expression of leadership and commitment. As I say, the training has to be sustained. It can't just be during correctional officer intake.

Indigenous and Northern Affairs committee  As the commission reminds us, we don't advance as a society by avoiding or ignoring uncomfortable truths about our collective past. Mr. Chairman, thank you for the invitation. I'm sorry this is rushed. There is a lot to say, and I look forward to your questions.

Indigenous and Northern Affairs committee  Of course, the Correctional Service of Canada is best placed to directly answer the question about their training. I can tell you that they do make training available. If training were the answer in and of itself, it would be easy to tackle. It's sustained learnings from that training and applying them day-to-day operationally that really is the issue, and that gets to the question of cultural awareness and cultural competency.

Indigenous and Northern Affairs committee  In September 2013, my office released an investigative report called “Risky Business”. It looked at the most prolific self-injuring women in federal custody. We found that aboriginal women who engage in chronic self-injury have a distressingly similar profile. Most were a victim of physical or sexual abuse.

Indigenous and Northern Affairs committee  Thank you very much, Chairman, and thank you, committee members, for inviting us to appear so early in the session. I really appreciate the opportunity to provide this briefing and answer your questions. Of course, I am joined by Dr. Zinger, executive director of my office, who will make some remarks within mine.

Justice committee  I don't.

Justice committee  There is a contradiction between a mandatory minimum penalty and the discretion that's called for in section 718.2. On the one hand the code prescribes judicial discretion to be used and to seek alternatives. On the other hand sections in the code prescribe mandatory minimum penalties.

Justice committee  The 9% to 10% is really based on the most recent study that was published by the Correctional Service of Canada. They did a prevalent study in June 2011. There are other studies that have generated retrospectively; in other words, they have gone back afterward and looked at populations and they've said, okay, we find the prevalence to be 22%, 23%, 24%.

Justice committee  Yes, probably, but keep in mind that program success is as much about the multiple modes of program delivery and information delivery and support as it is just about structure. Running up against rules and not following instructions is a problem, so structure without all of the other supports that an individual needs in order to achieve success....

Justice committee  I think that there are a number of potential procedural fixes like that, but I've had the crown tell me about the challenges they have when it comes to satisfying the court when it comes to bail and remand decisions. Defence counsels talk about the challenges that they have because the person has no fixed address or doesn't have anybody who will provide surety.

Justice committee  I'm not giving up hope on legislative leadership in this area. My key message would be that there are a number of people involved with neuropsychological deficits who are involved with the criminal justice system. FASD is a huge component and very important, but it's not the only source of those deficits, so I would broaden the scope of the bill to include other mental health issues in terms of mitigating factors.

Justice committee  Sure. The sentencing provisions of the Criminal Code are based on a principle, to some extent, of restraint and that incarceration should be used as a last resort. Then it's a matter of sorting out when that last resort has been reached. The recent experience has been growth in the prevalence of individuals in the correctional system that have a diagnosed significant mental health disorder.

Justice committee  Particularly in dealing with offenders who have mental health issues, where we see the best success is where there are integrated approaches that involve how the police respond, and community action teams that are in place in different municipalities across this country where there is good and open information sharing between the health and justice sectors.

Justice committee  Thank you. It's a tall challenge for the Correctional Service of Canada. Over the years, we've made many recommendations that the Correctional Service of Canada tailor programs for individuals who face a variety of difficulties and challenges, whether they be age related, deficits that have resulted in some intellectual impairment or some physical impairment, or for people with different cultural backgrounds, etc.

Justice committee  Absolutely, and I actually take your question to heart. It is related to the earlier question as well. Where do you intervene and where would we get the most value for an early intervention? Typically, prior to somebody coming into negative contact with the criminal justice system would be the place to do that.