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SECTION III— SUPPLEMENTARY INFORMATION
The Deaths in Custody Study and Follow-ups
We continue to be concerned about the high number of deaths and injuries in federal institutions. In our last Annual Report 2006-07, the Office reported on the findings of a study that examined all reported deaths—due to factors other than natural causes—that occurred over a five-year period in Canadian federal correctional institutions. The study included all deaths that the Correctional Service had determined were homicides, suicides, overdoses or accidents. The project was designed to identify areas in which improvements might enhance the Correctional Service’s ability to prevent or appropriately respond to assaults and self-injury in the future.
The Deaths in Custody Study examined 82 reported suicides, homicides and accidental deaths in custody from 2001 to 2005, inclusively. The research reviewed CSC board of investigation reports and action plans, coroners’ reports, correspondence between CSC and both the OCI and coroners’ offices, and other documents pertaining to each fatality.
The Deaths in Custody Study presented disturbing findings. The report provided evidence that the Correctional Service must enhance its capacity to focus on observations and recommendations related to deaths in custody. The Correctional Service failed to consistently incorporate lessons learned and implement corrective action over time and across regions, as similar errors are repeated, and similar findings and recommendations are being made time and again. The study also suggested that the Correctional Service resists or fails to reasonably act on a large proportion of coroners’ findings and recommendations, compared to the findings and recommendations of its own boards of investigation. The report concludes that “…the Service fell short in implementing its own policies and practices, and in doing everything possible to avert a fatality.”
The Correctional Service has indicated a willingness to address many of the Deaths in Custody Study’s findings. In the next year, the OCI will continue to monitor CSC’s progress in an attempt to make sure that it adheres to—or, in some instances, alters—existing procedures and practices to ensure timely:
- convening of investigations;
- meaningful analysis of completed investigation reports;
- approval by the Correctional Service’s Executive Committee (EXCOM) of recommendations and action plans developed in response to national investigative reports; and
- consistent implementation, follow-up and monitoring of actions taken in response to approved recommendations.
China Project
The Office was selected to be the lead partner on an important project, fully funded by the Canadian International Development Agency, with the prison administration of China. The Jail Supervision Division of the Penitentiary Administration Bureau of the Chinese Public Security Ministry (JSD) openly acknowledged significant human rights challenges in its prisons and demonstrated an interest in responding to a recent report of the UN Special Rapporteur against Torture. The UN report was critical of Chinese authorities’ treatment of their prisoners. This project is unique because the JSD is partnering directly with our Office, whose statutory mandate includes making recommendations on human rights compliance. The Office was specifically selected for this project because of its unique mandate and its established expertise in human rights in correctional settings.
After an initial development phase of the project, a first study tour took place in Canada between June 30 and July 10, 2007. The study tour focused on policy and legal issues as they pertain to human rights of detainees and prisoners. The purpose of the first study tour was to introduce the Chinese senior officials to the Canadian policy making process as well as best practices in prison management/administration. The Chinese senior officials were also exposed to Canadian legal and policy experts, management and correctional training officials, and prison administrators of detention centres and penitentiaries to hear their views about best practices, the protection of human rights in prison settings and the importance of internal and external oversight mechanisms. A second study tour is planned for spring 2008, and will focus on operational issues related to the management of women and Aboriginal offenders, as well as offenders with mental illness.
In the last phase of the project scheduled for 2009, the final seminar and field visit will provide an opportunity for the Chinese senior officials to present their final report and recommendations for policy reforms in the areas of human rights compliance and enhanced jail management/administration. This report will incorporate the results of the survey conducted by JSD on problems in jails and human rights. The Canadian delegation will have an opportunity to offer comments and feedback on the Chinese recommendations for reforms and final report. A panel format was proposed which would include a China/Canada dialogue on best practices and approaches in the area of prison management and human rights.
NOTE: This table can also be found on the Treasury Board Secretariat's website at
http://www.tbs-sct.gc.ca/rpp/2008-2009/info/info-eng.asp.