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SECTION I: AGENCY OVERVIEW
1.1 Correctional Investigator’s Message
As Canada’s Ombudsman for federal offenders offering independent oversight of federal Corrections, the Office of the Correctional Investigator (OCI) contributes to public safety and the promotion of human rights by providing independent and timely review of offender complaints. The OCI makes recommendations that assist in the development and maintenance of an accountable federal correctional system that is fair, humane and effective. In order to achieve this result for Canadians, the OCI monitors and investigates the acts, omissions, decisions and recommendations of the Correctional Service of Canada (CSC), so that CSC carries out its statutory mandate in compliance not only with its own policies and procedures, but also with its domestic and international legal and human rights obligations.
Since its creation in 1973, the OCI has been an important part of safeguarding the rights of offenders and in making Canada a safer place. Public safety is enhanced by ensuring that offenders are treated fairly, provided the necessary assistance to become law-abiding citizens, and safely reintegrated into society in a timely and supported fashion. For 35 years, the OCI has played a vital role providing independent oversight and objective investigations of offender complaints as well as making recommendations to address systemic issues to improve Canada’s prison system, and ultimately public safety.
The Correctional Service of Canada has identified the following five key priorities to guide its efforts to deliver the best possible correctional results consistent with its mandate:
- Safe transition of eligible offenders into the community.
- Safety and security for staff and offenders in our institutions.
- Enhanced capacities to provide effective interventions for First Nations, Métis and Inuit offenders.
- Improved capacities to address mental health needs of offenders.
- Strengthened management practices.
My Office agrees that substantive action on these priorities would go a long way toward addressing many of the long-standing areas of offender concern. In the next fiscal year, the Office will focus on the Correctional Service’s progress in addressing its five key priorities as they relate to offender concerns and on its ongoing response to the OCI’s Deaths in Custody Study (2007). As well, the OCI will continue to work with various stakeholders, and to increase our Office’s citizen engagement and its information program for offenders.
Howard Sapers
Correctional Investigator
1.2 Management Representation Statement
I submit for tabling in Parliament, the 2008-2009 Report on Plans and Priorities (RPP) for the Correctional Investigator Canada.
This document has been prepared based on the reporting principles contained in Guide for the Preparation of Part III of the 2008–09 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:
- It adheres to the specific reporting requirements outlined in the Treasury Board of Canada Secretariat guidance;
- It is based on the department’s strategic outcome and Program Activity Architecture that were approved by the Treasury Board;
- It presents consistent, comprehensive, balanced and reliable information;
- It provides a basis of accountability for the results achieved with the resources and authorities entrusted to it; and
- It reports finances based on approved planned spending numbers from the Treasury Board of Canada Secretariat.
1.3 Raison d’être
The Office of the Correctional Investigator (OCI) provides Canadians with timely, independent, thorough and objective investigations into problems of offenders to ensure that it remains safe, secure, fair, equitable, humane, reasonable and effective. Essentially, its oversight role is to ensure that the Correctional Service of Canada (CSC) carries out its statutory mandate in compliance with its domestic and international policy, legal and human rights obligations.
1.4 Organizational Information
Mandate
The Office of the Correctional Investigator was established in 1973 pursuant to Part II of the Inquiries Act. With the proclamation in November 1992 of Part III of the Corrections and Conditional Release Act, the mandate of the Office was entrenched in its own legislation. The mandate of the Correctional Investigator, as defined by this legislation, is to function as an Ombudsman for federal offenders. The Correctional Investigator is independent of the Correctional Service of Canada and may initiate an investigation on receipt of a complaint by or on behalf of an offender, at the request of the Minister or on his own initiative. The Correctional Investigator is required by legislation to report annually through the Minister of Public Safety Canada to both Houses of Parliament.
Mission Statement
As Canada’s Ombudsman for federal offenders offering oversight of federal Corrections, the Correctional Investigator contributes to public safety and the promotion of human rights by providing independent and timely review of offender complaints. The Correctional Investigator makes recommendations that assist in the development and maintenance of an accountable federal correctional system that is fair, humane and effective.
Program Activity and Resources
The Office of the Correctional Investigator (OCI) has one Program Activity which is to contribute to the effective administration of Justice by conducting investigations into the problems of offenders related to decisions, recommendations, acts or omissions of the Commissioner of Corrections or any person under the control and management of, or performing service for or on behalf of the Commissioner of Corrections that affects offenders either individually or as a group, as detailed in Section 167 of the Corrections and Conditional Release Act (CCRA).
Section 19 of the CCRA requires that the Office reviews all investigations performed by the Correctional Service of Canada following the death of or serious bodily injury to an inmate. The OCI is also committed to a similar review function with respect to Use of Force interventions, in keeping with the recommendations of the Arbour Commission of Inquiry.
The Office of the Correctional Investigator is lead by the Correctional Investigator who reports to Parliament through the Minister of Public Safety Canada. The Agency's resources provide for 24 full-time equivalents, of which twenty are directly involved, as intake officers, investigators, coordinators or directors, in the day to day addressing of inmate complaints. The total resources are $3,793,000 for the fiscal year 2008-2009.
1.4.1 OCI Organization Chart
Despite changes in the CSC offender profile and related growing complexity in investigations, the OCI funding has remained stable over the last decade. The OCI secured temporary funding in 2007-08 and 2008-09 to alleviate its increasing workload and to enhance its capacity to better respond to complaints of offenders with mental health issues. Given that the temporary funding will elapse at the end of March 2009, the OCI will continue to actively seek a permanent funding solution. Lack of permanent funding will hinder the OCI’s ability to meet its mandate and achieve its Plans and Priorities.
1.7 Summary Information
| 2008-09 | 2009-10 | 2010-11 |
|---|---|---|
| $3,793 | $3,162 | $3,082 |
| 2008-09 | 2009-10 | 2010-11 |
|---|---|---|
| 30 | 24 | 24 |
| Name | Type |
|---|---|
| 1. Investigate and resolve individual offender issues | Ongoing |
| 2. Investigate, monitor and resolve systemic offender issues | Ongoing |
| 3. Monitor, evaluate and provide representations on CSC’s management of mandated issues (s. 19 investigations and use of force incidents) | Ongoing |
| 4. Investigate, resolve and provide leadership on specifically identified issues of concern (Women and Aboriginal offenders, and Mental health issues) | Ongoing |
This year’s OCI Report on Plans and Priorities has been developed to ensure its compliance with recent Treasury Board policies. The reporting of Program sub-activities has been deleted, and the core Program Activity has been streamlined to ensure effective public reporting. The OCI’s Strategic Outcome is to ensure that the problems of offenders in the federal correctional system are identified and addressed in a timely and reasonable fashion. The oversight of correctional operations is achieved by providing accessible and timely Ombudsman services to federal offenders.
1.9 Departmental Plans and Priorities
The primary legislative mandate of the OCI is to provide Canadians with independent investigation of the individual and systemic problems encountered by federal offenders as a result of decisions, recommendations, acts or omissions by the Correctional Service of Canada (CSC). Section 19 of its enabling legislation, the Corrections and Conditional Release Act also requires that it reviews all CSC Investigations convened following the death of or serious bodily injury to an offender. The OCI is also engaged in a similar review process of all use of force interventions by the Correctional Service.
The maintaining of an independent and objective review process within a correctional environment where the Office has virtually no control over either the number of complaints or the extent of the required investigations presents a number of unique challenges. First, our mandate is national in scope and offers, by the sheer number and complexity of issues, an endless supply of difficulties, opportunities and shifting priorities. Our client base and network of stakeholders are dispersed in a large number of often geographically remote locations throughout Canada. Second, the resolution of disputes in an environment traditionally closed to public scrutiny with an understandably high level of mistrust between correctional officials and offenders, requires that the Office not only be, but be seen to be independent of both the Correctional Service, the Department of Public Safety and the Minister. Third, given that the authority of the Office rests with its power of persuasion and public reporting rather than enforceable recommendations, it is imperative that appropriate administrative and political mechanisms be available to ensure that reasonable, fair, timely, thorough and humane action is taken on the findings made by the OCI.
The OCI does not foresee a decline in either the overall demand for services or in the complexity of the issues the OCI is called upon to address. The environment in which the OCI operates continues to be extremely challenging. Moving forward requires not only innovative and dedicated services, but also sound risk management, knowledge-driven decision-making, rigorous stewardship, clear accountabilities and responsible spending.
The OCI’s Program Activity (PA) is the “Oversight of Correctional Operations” and its Strategic Outcome (SO) is “the problems of offenders in the federal correctional system are identified and addressed in a timely and reasonable fashion”.
Priority 1
Investigate and resolve individual offender issues
The role of the Correctional Investigator is that of an Ombudsman for federal offenders. The primary function of the Office is to investigate and bring resolution to individual offender complaints. The vast majority of the concerns raised on complaints are addressed by OCI at the institutional level through direct contact and communications with offenders and CSC staff.
Plans
The OCI will visit all institutions, according to its frequency schedule/institutional security level. Its investigative staff will then interview offenders (and those acting on their behalf) and will maintain accessibility through regular correspondence, e-mail and telephone.
OCI investigators will address all offender issues in a timely fashion; prioritizing those they consider being of an urgent nature. In so doing, they investigate concerns and make recommendations to CSC officials at all levels, while always striving to secure resolution at the lowest possible organizational level.
Moreover, the OCI’s investigative staff will ensure, through follow-up and impact analysis, that CSC’s response to its queries and recommendations be timely, fair, thorough, equitable, reasonable and effective.
Finally the OCI will exercise, where appropriate, its prerogative to investigate, on its own initiative, any issue affecting one or more offenders.
Priority 2
Investigate, resolve and follow-up on systemic offender issues
While the primary role of the Office of the Correctional Investigator is to investigate and resolve complaints from individual offenders, it has, as well, the responsibility to review and make recommendations on the Correctional Service of Canada’s policies and procedures associated with the areas of individual complaints to ensure that systemic areas of concern are identified and appropriately addressed.
Plans
Prior to each institutional visit, the OCI investigator will monitor, through a review and comparative analysis of CSC’s own statistics, the institution’s performance in the OCI’s Areas of Concern (long-standing systemic areas of OCI concern that are closely linked to an offender’s rights and liberty; issues such as timely conditional release consideration and effective internal redress).
During the visit, the OCI investigator will raise any shortcomings with the Warden and where appropriate will make recommendations. The implementation of those recommendations will be monitored through a review of the institution’s performance prior to the next visit, with the OCI always having the option of addressing its concerns at the regional or national level of CSC.
During each institutional visit, OCI investigative staff will also meet with the Inmate Committee and where appropriate, with other offender groups such as Native Brotherhoods and Sisterhoods. Investigators will then hold timely discussions with CSC authorities and where appropriate, make recommendations related to the systemic issues raised by these groups; striving to achieve resolution at the institutional level.
As in the case of individual offender concerns, OCI investigative staff will subsequently monitor and evaluate, through follow-up and impact analysis, the timeliness and overall quality of CSC’s response.
Priority 3
Monitor, evaluate, and provide representations on CSC’s management of mandated issues (s.19 investigations and Use of Force incidents)
Section 19 of the Corrections and Conditional Release Act implicitly requires that the Office of the Correctional Investigator (OCI) review all investigations conducted by the Correctional Service of Canada following the death of or serious bodily injury to an inmate. The OCI is also engaged in similar reviews of use of force interventions.
Plans
The OCI Coordinator of s.19 investigations and Use of Force Issues, with the assistance of an analyst, will review CSC s.19 investigations and CSC reports, including videotapes related to Use of Force incidents, as per OCI’s standardized review procedure and timeliness benchmarks. Initially determined will be CSC’s compliance with the agreed upon timeliness for providing the OCI with all the required s.19 investigation reports. Subsequently, the OCI’s review will focus on identifying instances of CSC non-compliance within the law and its own policy regarding the Use of Force or flaws in CSC s.19 investigative reports. Finally, the Coordinator will make representations and/or recommendations to CSC officials at the appropriate level and monitor and evaluate, through follow-up and impact analysis, the timeliness and overall quality of CSC’s response.
Priority 4
Investigate, resolve and provide leadership on specifically identified issues (Women and Aboriginal Offenders, and Mental Health)
The Office of the Correctional Investigator (OCI) conducts specialized investigations and attempts to resolve the issues raised by or on behalf of Women and Aboriginal Offenders. In cooperation with its partners, both governmental and non-governmental, it provides observations, advice, and direction to the Correctional Service of Canada and others regarding these issues.
Plans
Under the guidance of the Coordinators of Women Offender Issues and of Aboriginal Offender Issues, OCI investigators will deal with individual and systemic issues brought to their attention by Women and Aboriginal Offenders, in essentially the same manner as described above,.
OCI investigators will also meet, during each visit with Native Brotherhoods and Sisterhoods and where appropriate, with institutional Elders, Native Liaison Officers and Regional Elder Advisory Committees.
Moreover, OCI coordinators will focus on a number of issues which are specific to or which continue to have considerably more impact on those sub-groups than on the general offender population.
Finally, both Coordinators (Aboriginal Offender Issues and Women Offender Issues) will assume a national leadership role on key issues affecting their respective areas of responsibility.
They will prioritize, within their strategic planning process, the development of collaborative and mutually beneficial working relationships with groups and associations in the public and non-governmental sectors, which are involved in the betterment of corrections for Women and Aboriginal Offenders.
Mental Health Services will remain an area of special interest. Despite not having received full funding, the OCI will increase its outreach efforts towards offenders suffering from mental health issues within its current fiscal envelope. It will also focus its monitoring of Correctional Services of Canada’s (CSC) investigative efforts, in the Mental Health component of the correctional treatment it offers to incarcerated Canadians.
The OCI will pursue its dialogue with CSC Officials, at all levels, on the topics of assessment, access to, and quality of CSC Mental Health Services both within institutions and community settings. The situation of Women Offenders and Aboriginal Offenders, in that regard will be the subject of particular attention.
In practical terms, the Directors of Investigations will be required to champion the mental health issues and to ensure that there is a continued focus by the Investigators on the identified mental health issues. They will be responsible for identifying patterns of issues, pursuing these at the regional level and ensuring that the OCI has a picture of the entire system, not just their individual regions.
Each Investigator will be required to monitor identified mental health related issues at each of the medium and maximum security sites for which they are responsible. These identified issues become part of the OCI Areas of Focus, reportable semi-annually. Each Investigator is also responsible for the management of individual mental health related complaints, from receipt to conclusion, as per current practice; for relationship building with Mental Health Teams/professionals at sites and for the critical sharing of information with OCI colleagues and Directors of Investigations.