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Having recently been appointed Chairperson of the National Parole Board (NPB), I am honoured to be carrying on the tradition of excellence that has marked the Board's 50 year history, and to be leading the organization as it works to continue to fulfill its important mandate and contribute to public safety.
Since my appointment, I have made a point of meeting with Board members and staff from across the country to discuss the numerous challenges that the Board faces as an important partner in Canada's criminal justice system. Their input and feedback have been instrumental in identifying priority areas for the Board.
In developing plans and priorities for 2010-11, the Board's efforts are guided by an enduring commitment to public safety and public service. The Board's identified priorities will be key to helping the Board deliver high-quality conditional release decisions, deliver an efficient and effective pardons and clemency program, enhance openness and accountability and ensure sound administrative practices. These priorities include:
The coming fiscal year will be busy for the Board as it seeks to fulfill its legislative responsibilities. Possible legislative changes currently on the horizon could have far-reaching impacts, and the Board may need to adjust its operations and relevant policies accordingly. The organization will also seek to strengthen its relationships with its partners, to influence and ensure awareness towards outcomes which may result from the CSC transformation agenda, and to further improve the way it provides information to victims. The focus on improving Board member and staffing training will continue, as the Board implements recommendations from the evaluation of its training program. The Board will take steps towards introducing a revised pardon user fee which will establish new service standards and ensure sustainability for this program, and will also continue to look for ways to mitigate some of the human resource challenges that lie ahead as a number of Board employees begin to retire over the coming years.
The Board is also looking beyond the current planning period to ensure program improvements in the longer term. With this in mind, the Board has set a course for greater efficiency and effectiveness to enhance program delivery over the next decade.
Over 90% of parole releases do not result in a new offence, and 99% do not result in a new violent offence. Furthermore, fully 96% of all pardons awarded by the Board remain in force, demonstrating the vast majority of pardon recipients remain crime free. These statistics speak to the Board's success in delivering its mandate and contributing to public safety. I am confident that the plans and priorities set out in the following pages will help the Board build on this success.
Harvey Cenaiko
Chairperson, National Parole Board
The National Parole Board (NPB/Board) is an agency within the Ministry of Public Safety Canada which also includes the Royal Canadian Mounted Police (RCMP), the Canadian Security Intelligence Service (CSIS), the Canada Border Services Agency (CBSA) and the Correctional Service of Canada (CSC).
The Board is an independent administrative tribunal that has exclusive authority under the Corrections and Conditional Release Act to grant, deny, cancel, terminate or revoke day parole and full parole. The NPB may also order (only by referral by CSC) certain offenders to be held in prison until the end of their sentence. This is called detention during the period of statutory release. In addition, the Board makes conditional release decisions for offenders in provinces and territories that do not have their own parole boards. Only the provinces of Ontario and Quebec have their own parole boards that have authority to grant releases to offenders serving less than two years in prison.
As well, the Board has extensive legislated responsibilities related to openness and accountability, including information and assistance for victims of crime, observers at hearings, access to the NPB's decision registry, and delivery of a program of public information.
The Board is also responsible for making decisions to grant, deny and revoke pardons under the Criminal Records Act and the Criminal Code of Canada. A pardon is a formal attempt to remove the stigma of a criminal record for people who, having been convicted of an offence, have satisfied the sentence and remained crime free. The Board also makes recommendations for the exercise of clemency through the Royal Prerogative of Mercy (RPM). The Governor General or the Governor in Council approves the use of the RPM for those convicted for a federal offence, following investigations by the Board, and recommendations from the Minister of Public Safety.
The National Parole Board is headed by a Chairperson who reports to Parliament through Public Safety Canada. The Minister, however, does not have statutory authority to give direction to the Chairperson or other members of the NPB in the exercise of their decision-making powers regarding the conditional release of offenders. This structure helps to ensure the NPB's impartiality and the integrity of the parole decision making process.
Outcomes of the NPB daily work can be found in the annual Performance Monitoring Reports. The report provides performance and statistical information for the past five years for the NPB's two legislatively based programs - conditional release and clemency and pardons, as well as for the corporate service function of the Board.
The National Parole Board, as part of the criminal justice system, makes independent, quality conditional release and pardon decisions and clemency recommendations. The Board contributes to the protection of society by facilitating, as appropriate, the timely integration of offenders as law-abiding citizens.
Our Mission provides clear direction and guidance to Board members and staff for the achievement of excellence in the field of corrections in general and in conditional release in particular. It provides guidance for today and a focus to meet the challenges of tomorrow. It also explains to offenders and ex-offenders, to our criminal justice partners, to interest groups, including victims, to Parliament and to the public, who we are, what we stand for, what we do and how we do it.
As part of the criminal justice system, the Board contributes to the maintenance of a just, peaceful and safe society. The word "contribute" is used in the Mission statement because the Board is not alone in pursuing this goal. In conjunction with Ministry colleagues, NPB work with parole boards, police, after-care agencies, Crown attorneys and defence counsel and many other organizations and individuals in the community. The legal authority within which the NPB operates is set out by the Constitution, including the Canadian Charter of Rights and Freedoms, the Criminal Code, the Corrections and Conditional Release Act (CCRA) and its Regulations, and other legislation.
In making quality conditional releases and pardons decisions, as well as recommendations in clemency cases, the Board's primary objective is the long term protection of society. Law-abiding behaviour can best be achieved by timely and supervised conditional release and the effective administration of sentences. During the course of rendering its decisions, the Board is autonomous and independent. However, it is accountable for its actions, by virtue of its guiding legislation, policies and internal framework. The Board is accountable to Parliament and ultimately, to all Canadians.
Achieving the mandate of the NPB is not easily accomplished. It involves the safeguarding of two of NPB's most precious values: public safety and personal freedom. "Making the Mission a Reality" therefore is a challenge that becomes the primary responsibility and obligation to all those associated with the Board.
The Mission of the NPB establishes four core values:
As an agency within the public safety portfolio, the NPB strives constantly to advance the government's public safety priorities. The Board contributes to these priorities by making quality conditional release and pardon decisions that result in the safe reintegration of offenders in the community.
The Board carries out its responsibilities in five regions across the country and in the national office in Ottawa.
NPB Locations
Conditional release decisions are made by Board members in the regions. Board members are supported by staff that schedule hearings, provide information for decision-making, ensure that information for decision-making is shared with offenders, and communicate conditional release decisions to the offender, CSC representatives and others as required. Regional staff also provides information to victims, make arrangements for observers at hearings, and manage requests for access to the Board's decision registry. At the national office, Board members make pardon decisions and decisions related to the appeal of conditional release decisions. Staff at the national office deliver the pardons and clemency program; develop conditional release and pardon policy; coordinate Board member training; and deliver a program of public information. As well, the national office provides leadership for strategic and operational planning, resource management, performance monitoring, audits and investigations, appeals and an array of internal services.
Consistent with the provisions of the Acts that govern the NPB, Board members are independent in their decision-making responsibilities, and free from interference of any type. As independent decision-makers, Board members are guided by legislation and policy and are responsible for:
The Chairperson of the NPB is a full-time member of the Board and its chief executive officer. The Chairperson directs NPB's program delivery in keeping with government plans and priorities, reports to Parliament through the Minister of Public Safety on the fulfillment of the Board's mandate and is accountable for the effectiveness and efficiency of NPB policy and operations. The Chairperson is assisted in these responsibilities by the Executive Vice-Chairperson, the Vice-Chairperson of the Appeal Division, and the Board's five regional vice-chairpersons. The Executive Director General of the Board is its senior staff member and chief operating officer. The Executive Director General, in support of the Chairperson, provides leadership for strategic and operational planning, resource management, performance measurement and administration.
The following organizational chart provides additional details.
The National Parole Board's Strategic Outcome and Program Activity Architecture (PAA), reflect the key aspects of the NPB's legislated responsibilities for conditional release and pardons/clemency, and represent the areas of accountability and performance in which the public and Parliamentarians most frequently express interest. In this context, the Board's strategic outcome is the cornerstone of its public accountability. The PAA includes a single outcome and four program activities.
The following chart illustrates the NPB's complete framework of program activities and program elements, which roll up and contribute to the NPB's single Strategic Outcome:
Indicates the required level of reporting in RPP
The following tables provide a summary of the NPB's total planned spending and human resources over the next three fiscal years. The tables reflect the impact of decisions taken in the strategic review exercise that the Board undertook, which reduced planned spending by $2.3 million in 2010-11 and future years.
The slight increase in financial and human resources is due to a mixture of initiatives such as providing victims with a more effective voice in the justice system and various re-profiling of funds between fiscal years for the Board's medium to long-term accommodation plan for program delivery.
2010-11 | 2011-12 | 2012-13 |
---|---|---|
46,407 | 48,849 | 50,785 |
2010-11 | 2011-12 | 2012-13 |
---|---|---|
472 | 481 | 485 |
The following table provides a planning summary of the performance indicators and targets for the NPB's strategic outcome. In addition, the table indicates the planned spending for each of the program activities for the next three fiscal years, and aligns the activities to Government of Canada outcomes.
Planning Summary Table
Performance Indicator | Targets |
---|---|
The percentage of parole releases in previous years that did not result in a new conviction | Zero (0) re-offending by parolees prior to warrant expiry |
The percentage of pardon recipients who have not had their pardon revoked | 96% of all pardons awarded remain in force 1 |
The percentage of victims who express satisfaction with the information and assistance they receive from the NPB | 90% rate of client satisfaction 2 |
Program Activity3 | Forecast Spending 2009-10 |
Total Planned Spending4 | Alignment to Government of Canada Outcomes5 | ||
---|---|---|---|---|---|
2010-11 | 2012-12 | 2012-13 | |||
Conditional Release Decisions | 33,230 | 33,887 | 36,238 | 38,005 | Safe and secure communities |
Conditional Release Openness and Accountability | 5,743 | 6,071 | 5,938 | 6,022 | Safe and secure communities |
Pardon Decisions / Clemency Recommendations | 2,816 | 1,449 | 1,453 | 1,453 | Safe and secure communities |
Internal Services | 5,617 | 5,000 | 5,220 | 5,305 | Safe and secure communities |
Total Planned Spending | 47,406 | 46,407 | 48,849 | 50,785 |
The following identifies the key operational priorities for the NPB during 2010-11, links them to the Board's strategic outcome and strategic activities, describes why they are a priority, and indicates plans for meeting the priority.
Operational Priorities | Type | Links to Strategic Outcome(s) | Description |
---|---|---|---|
Effectively fulfilling legislative responsibilities related to quality conditional release decision-making | Ongoing | Strategic Outcome: conditional release and pardon decisions and decision processes that safeguard Canadian communities Program Activity: conditional release decisions |
Why a priority:
|
Effectively fulfilling legislative responsibilities related to open and accountable conditional release processes | Ongoing | Strategic Outcome: conditional release and pardon decisions and decision processes that safeguard Canadian communities Program Activity: conditional release openness and accountability |
Why a priority:
|
Effectively fulfilling legislative responsibilities related to the processing of pardon applications | Ongoing | Strategic Outcome: conditional release and pardon decisions and decision processes that safeguard Canadian communities Program Activity: pardon decisions / clemency recommendations |
Why a priority:
|
Strengthening stakeholder and community partnerships | Previously committed | Strategic Outcome: conditional release and pardon decisions and decision processes that safeguard Canadian communities Program Activity: conditional release decisions Program Activity: conditional release openness and accountability |
Why a priority:
|
Improving information services for victims | Previously committed | Strategic Outcome: conditional release and pardon decisions and decision
processes that safeguard Canadian communities Program Activity: conditional release openness and accountability |
Why a priority:
|
The following identifies the key management priorities for the NPB during 2010-11, links them to the Board's strategic outcome and strategic activities, describes why they are a priority, and indicates plans for meeting the priority.
Management Priorities | Type | Links to Strategic Outcome(s) | Description |
---|---|---|---|
Pursuing strategic excellence in NPB governance | Previously committed | Strategic Outcome: conditional release and pardon decisions and decision processes that safeguard Canadian communities Program Activity: conditional release decisions Program Activity: conditional release openness and accountability Program Activity: pardon decisions / clemency recommendations Program Activity: internal services |
Why a priority:
|
Investing in our people | Previously committed | Strategic Outcome: conditional release and pardon decisions and decision processes that safeguard Canadian communities Program Activity: conditional release decisions Program Activity: conditional release openness and accountability Program Activity: pardon decisions / clemency recommendations Program Activity: internal services |
Why a priority:
|
The NPB works in a challenging environment that demands effective support for government priorities, careful assessment of criminal justice issues and community concerns. The Board is expected to rigorously pursue innovation and improvements to meet heavy workload pressures, with limited resources. Public safety remains the Board's primary concern in all aspects of decision-making policy, training, and operations.
The Board delivers two program areas grounded in legislation: conditional release; and pardons and clemency. The NPB also manages a range of internal services that provide critical support for program delivery. The conditional release area is the most complex and accounts for almost 86% of annual program expenditures. Program delivery is labour-intensive, with salary costs accounting for 82% of yearly program expenditures. Most of the remaining expenditures cover essential operating costs, such as travel to parole hearings. In this context, management of heavy and complex workloads within existing budgets, consistent with the principle of contributing to public safety, presents a constant challenge.
Workloads related to conditional release decision-making are driven by factors beyond the NPB's control. Legislation governing the Board (e.g., the Corrections and Conditional Release Act (CCRA)) is prescriptive, specifying when and how the Board must conduct parole hearings. In addition, workloads are driven by the actions of offenders, victims and the community. In concrete terms, the NPB must deal with high workload volumes involving critical issues of public safety, in tight timeframes, amid intense public scrutiny. For example, in 2010-11 the NPB expects to complete over 18,000 conditional release reviews for federal and provincial offenders.
The Board must also continue to deal with the ever growing complexity in conditional release decision-making, as reflected in three important trends. The first is the more difficult federal offender population, characterized by longer criminal histories, greater prevalence of violence, more gang affiliations, more serious substance abuse problems and more serious mental health issues. The second involves the shift toward shorter federal prison sentences. A more difficult offender population with shorter sentences (and less time to benefit from programs) challenges the NPB's work to assess factors related to safe reintegration in the community. The third trend is the growing diversity in the offender population, as reflected in the continued over-representation of Aboriginal people and the growing numbers of offenders from diverse ethno-racial communities. This trend demands that the Board continue to ensure policies; training and decision processes are reflective of present and future realities that enable it to collect and assess relevant information related to risk and safe community reintegration for groups of offenders with unique needs and circumstances. Decision processes such as Elder-assisted hearings for Aboriginal offenders exemplify the NPB's efforts in this area.
The openness and accountability provisions of the CCRA continue to present important challenges for the Board with respect to: sharing information with victims of crime; provision of information and assistance for those who wish to observe NPB hearings or gain access to the Board's registry of decisions; and delivery of a program of public information. Workloads in these areas have grown exponentially since the introduction of the CCRA in 1992. In 2010-11 for example, the Board expects to have over 20,000 contacts with victims. As with conditional release decision-making, the need for quality program delivery in this area is critical, given its implications for public safety and public confidence in corrections and conditional release. Public scrutiny and ongoing media interest in this area make program effectiveness crucial.
The government has announced extensive plans to tackle crime and strengthen community safety, including reform of sentencing, corrections and conditional release. The NPB will continue work to respond to these initiatives in an effective manner. The Board must manage the workload and cost implications of the provision of mandatory minimum penalties for gun crimes (Tackling Violent Crime Act) and for drug offences (National Anti-Drug Strategy). The Board must also support more stringent measures for dealing with Dangerous Offenders and offenders serving Long-term Supervision Orders as outlined in the Tackling Violent Crime Act. An amendment to the Criminal Code, entitled Truth in Sentencing Act (Bill C-25) recently passed to limit credit for time served to a ratio of 1 to 1 will have a significant impact on the federal offender population and, therefore, the Board's conditional release workloads.
Workload growth and the volatility in the number of pardon applications received from year-to-year can create a very serious situation in the processing of pardon applications. Historically, the Board received 15,000 to 20,000 pardon applications per year. In the past number of years however, application volumes have risen steadily, and are anticipated to reach approximately 33,000 in 2009-10. Looking to 2010-11 and future years, the Board anticipates that application volumes will continue to rise and could eventually reach 40,000 per year. Factors contributing to growth in annual volumes of pardon applications include:
Currently the Board is seeking to increase its component of the user fee for the processing of a pardon application from $35.00 (set in 1995) to $135.00 to cover the Board's direct costs for processing a pardon application. This increase would raise the total fee to $150.00, as the RCMP also receives a fee of $15.00 for work related to processing a pardon application. This increase would make the Pardons program sustainable and establish revised service standards.
The Board must continue to address the need for strategic management of human, financial, information and technology resources to support quality program delivery.
NPB is committed to ensuring a strong, diverse and dynamic workforce that excels in delivering the Board's mandate to Canadians, today and in the years to come. The Board's human resource challenge has two dimensions:
The first involves Board members who are Governor-in-Council appointments. The CCRA specifies that the Board will comprise no more than 45 full-time members who are usually appointed for five year terms. The Act also provides for the appointment of part-time members to help manage conditional release decision-making workloads. Part-time members are usually appointed for three year terms. Each year, decision-making workloads require the use of significant numbers of part-time Board members (20 to 30 full-time equivalents). Maintaining sufficient numbers of experienced Board members is a challenge because of the specified terms of appointment. The NPB must also deal with the reality that, following an initial orientation period of five weeks, newly appointed Board members still require three to six months of additional training and mentoring before they can manage the full scope of their decision-making responsibilities. In this context, the Board must ensure that it recruits sufficient numbers of qualified candidates for consideration for appointment as Board members, and provides effective training to ensure that Board members have the knowledge they need to apply NPB policies and assess risk in decision-making.
The Board faces an equally difficult challenge with respect to its staff. Departures of experienced staff is eroding corporate memory and diminishing critical knowledge of the law, policy, and training. For the Board, whose Board members are appointed for specified periods, staff provide the continuity of knowledge and information essential for quality program delivery. For this reason, development of an effective human resource plan for dealing with staff turnover is essential.
Timely access to relevant information provides the foundation for quality conditional release and pardon decision-making and ultimately for the Board's continuing contribution to public safety. In addition, the Board must deal with legislated responsibilities for sharing appropriate information with victims of crime, offenders, other criminal justice agencies, and the public. In this environment, strategic information management is crucial, requiring the Board to have the automated systems necessary to support effective collection, storage and sharing of information. Additionally the Board must have in place the policies and procedures necessary to ensure effective information management. Progress in these areas will require the assistance of the Correctional Service of Canada (CSC) as the CSC is the Board's information technology service provider. Effective management of this partnership for service delivery must continue to be a priority for the Board.
Strategic management of financial resources will also present important challenges. In 2010-11, as in previous years, the Board will face complex and growing workload pressures in areas of legislated responsibility. The Board's limited resource capacity could be further constrained by the need to address new priorities in a period of restraint in which the focus of the federal government will be on efforts to stimulate economic recovery. In 2008-09, the Board also participated in the strategic review process. In this context, the Board has implemented measures to reduce planned spending consistent with the strategic review while ensuring that it retains the capacity to sustain quality in all aspects of program delivery.
For the 2010-11 fiscal year, the NPB plans to spend $46.4 million to meet the expected results of its program activities and contribute to its strategic outcome. The figure below illustrates the NPB's spending trend from 2006-07 to 2012-13.
The increase in the spending trend from 2007-08 to 2009-10 is largely due to salary increases as a result of collective agreement settlements and tenant accommodation refits in-line with the National Accommodation Plan (NAP). The net decreases in planned spending in 2009-10 and 2010-11 are explained by reductions in funding due to the strategic review process offset by an increase in funding from new legislation (Truth in Sentencing Act and the Tackling Violent Crime Act).
The table below separately illustrates spending as a result of temporary funding received for medium to long term accommodation refits in-line with the NPB's NAP.
The figure below displays the allocation of NPB funding by program activity for 2010-11 6 .
Almost three-quarters (73%) of the NPB's funding is allocated to Program Activity 1.1 (conditional release decisions), and 13% is allocated to Program Activity 1.2 (conditional release openness and accountability). In total, the Board's work relating to conditional release accounts for almost 86% of annual program expenditures. An additional 3% is dedicated to Program Activity 1.3 (pardon decisions/clemency recommendations), and the remaining 11% is dedicated to Program Activity 1.4 (internal services).
This table illustrates information presented to Parliament for approval. Parliament approves the voted items on an annual basis and the statutory items are displayed for information purposes only.
Vote # or Statutory Item (S) | Truncated Vote or Statutory Wording | 2009-10 Main Estimates |
2010-11 Main Estimates |
---|---|---|---|
40 | Operating expenditures | 41,029 | 40,870 |
(S) | Contributions to employee benefit plans | 5,149 | 5,537 |
Total | 46,178 | 46,407 |