ARCHIVED - Office of the Correctional Investigator - Report

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Correctional Investigator’s Message

External and independent oversight is difficult in correctional environments; however, it is key to accountability in this field. Since 1973, the Office of the Correctional Investigator (OCI) has played an important role in ensuring that Canada’s correctional system is not only managed fairly and humanely but also in a way that is consistent with the expectations and values of Canadians. We believe our recommendations made to the Correctional Service of Canada (CSC) have resulted in positive change.

By providing Canadians with a degree of assurance that the CSC is operating in compliance with its legal and human rights obligations, the work of my Office contributes to public confidence in the CSC and the correctional system. The work performed by our investigative staff and their continued dedication to achieving fair and lawful outcomes for offenders, is rooted in the fundamental principle that offenders, like every other Canadian, must be treated with dignity. In this regard, the work of OCI investigative staff enhances federal corrections but also contributes to public safety in Canada.

In fiscal year 2010-11, the Office’s team of investigators spent 341 days in federal institutions, interviewed more than 2,100 offenders and conducted 844 formal investigations. We received over 5,700 complaints/inquiries from federal offenders, 20,011 contacts were made via our toll-free number and over 1.7 million hits were recorded on our web site. In addition, our Use of Force team conducted over 1,000 file reviews. We also reviewed over 100 Corrections and Conditional Release Act (CCRA) section 19 cases involving serious bodily injury and deaths in custody. These are significant achievements for a micro agency with 30 full-time employees.

This Departmental Performance Report identifies accomplishments stemming from the following six key priorities which are discussed in the latest Report on Plans and Priorities: access to mental health services; preventing deaths in custody; conditions of confinement; issues facing Aboriginal offenders; access to correctional programming; and, issues affecting federally sentenced women offenders. These priorities assist investigative staff in structuring their visits to correctional institutions and often serve as the basis for interactions/discussions between our Office and the CSC. As the correctional populations increase, it is expected that these priorities will become even more important.

Information Management has become a concern and priority for our Office, just as it is across government. In our case, investment in this area continues to be required to ensure operational integrity as well as legal and policy compliance. During the reporting period, the Office staffed an indeterminate Chief, Information Management position and a three-year Information Management Strategic Plan was developed which will structure and prioritize investments and deliverables.

As discussed in last year’s Departmental Performance Report, enhancing our level of public performance reporting capacity remains a management priority. Improvements to address information management, storage and retrieval vulnerabilities, including closing the gap on the quality and consistency of internal data entry practices improved during the reporting period. This resulted in more accurate data and reporting on the priorities.

Of note, the Office underwent a significant external audit and compliance exercise in the reporting period – it involved a core control audit of internal services. The findings demonstrate full compliance against all policies and guidelines with only the most minor variances. For a small Office with limited corporate services resources, this is a notable achievement.

Finally, what I present here are some of the highlights of the important work performed by my Office during the reporting period. They are a reflection of the ongoing commitment by all staff members to corporate obligations and the important mandate we strive to meet every year.

Section I: Organizational Overview

Raison d’être

The Office of the Correctional Investigator provides Canadians with timely, independent, thorough and objective monitoring of their federal correctional system to ensure that it remains safe, secure, fair, humane and effective. Essentially, its oversight role is to ensure that the Correctional Service of Canada carries out its statutory mandate in compliance with its domestic and international legal and human rights obligations

Responsibilities

The mandate of the Office of the Correctional Investigator, as defined by the Corrections and Conditional Release Act, is to function as an Ombudsman for federal offenders. The Office of 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 its own initiative. The Correctional Investigator is required by legislation to report annually through the Minister of Public Safety Canada to both Houses of Parliament.

 

Strategic Outcome(s) and Program Activity Architecture (PAA)

[Description]

 

Organizational Priorities

Performance/Priority Status Legend

Exceeded: More than 100 per cent of the expected level of performance (as evidenced by the indicator and target or planned activities and outputs) for the expected result or priority identified in the corresponding Report on Plans and Priorities (RPP) was achieved during the fiscal year.

Met all: 100 per cent of the expected level of performance (as evidenced by the indicator and target or planned activities and expected outputs) for the expected result or priority identified in the corresponding RPP was achieved during the fiscal year.

Mostly met: 80 to 99 per cent of the expected level of performance (as evidenced by the indicator and target or planned activities and expected outputs) for the expected result or priority identified in the corresponding RPP was achieved during the fiscal year.

Somewhat met: 60 to 79 per cent of the expected level of performance (as evidenced by the indicator and target or planned activities and outputs) for the expected result or priority identified in the corresponding RPP was achieved during the fiscal year.

Not met: Less than 60 per cent of the expected level of performance (as evidenced by the indicator and target or planned activities and outputs) for the expected result or priority identified in the corresponding RPP was achieved during the fiscal year.

Priority	Type1	Strategic Outcome(s) and/or Program Activity(ies)
Investigate and resolve individual offender issues	Ongoing	Ombudsman to federal offenders
Status
Stemming from the organization’s strategic outcome, “the problems of offenders in the federal correctional system are identified and resolved in a timely fashion”, this priority is also closely linked to six corporate priorities: conditions of confinement; access to mental health services; deaths in custody; Aboriginal issues; access to programs and federally sentenced women. Due to a full complement of investigative staff throughout the reporting period, the organization mostly met its service targets in responding to offender complaints. All complaints received were prioritized and addressed by investigative staff and cases were closed accordingly in the case management tool – DATIS.

Priority	Type	Strategic Outcome(s) and/or Program Activity(ies)
Monitor, evaluate and provide representations on the Service’s management of mandated issues (s. 19 investigations and use of force incidents)	Ongoing	Ombudsman to federal offenders
Status
Stemming from the organization’s strategic outcome, “the problems of offenders in the federal correctional system are identified and resolved in a timely fashion”, this priority is also closely linked to six corporate priorities: conditions of confinement; access to mental health services; deaths in custody; Aboriginal issues; access to programs and federally sentenced women. Section 19 of the Corrections and Conditional Release Act requires that the Office of the Correctional Investigator review all investigations conducted by the Correctional Service of Canada following the death or serious bodily injury to an inmate. The Office reviewed over 100 cases and met all service targets. In keeping with the recommendations of the Arbour Commission of Inquiry, the review and assessment of use of force incidents was performed on over 1000 cases and met all service targets and eliminated an historical backlog of cases.

Priority	Type	Strategic Outcome(s) and/or Program Activity(ies)
Investigate, resolve and provide leadership on specifically identified systemic issues of offender concern (e.g., Mental health issues; Aboriginal offender issues; preventable deaths in custody; program access; and, segregation and conditions of confinement)	Ongoing	Ombudsman to federal offenders
Status
Stemming from the organization’s strategic outcome, “the problems of offenders in the federal correctional system are identified and resolved in a timely fashion”, this priority is also closely linked to six corporate priorities: conditions of confinement; access mental health services; deaths in custody; Aboriginal issues; access to programs and federally sentenced women. The organization completed 31 systemic investigations and reports. The organization met all service targets for their completion. Details of these investigations will be included in the 2010-11 Annual Report.

Priority	Type	Strategic Outcome(s) and/or Program Activity(ies)
Information Management	Ongoing	Ombudsman to federal offenders; Internal services
Status
The Office of the Correctional Investigator finalized the staffing of a Chief, Information Management indeterminate position. The incumbent in this position has the overall responsibility of ensuring the organization takes the necessary steps in managing its information consistent with law and policy. A three-year Information Management Strategic Plan was developed and approved by the Senior Management Committee.

Risk Analysis

The Office of the Correctional Investigator functions in a complex operational environment. As in years past, it is with the resolution of the individual offender issues at the institutional level where the Office has achieved its best performance in terms of expected results and its strategic outcome. Although this focus will continue, it has been expanded to include six investigative priorities which will be reviewed from a systemic perspective.

The operational challenges for the organization are rooted in the maintenance of an independent and objective review process within the correctional environment where it has virtually no control over either the number of complaints or the extent of the required investigative response.

In addition, the Office of the Correctional Investigator has seen the complexity of complaints increase over the last few years. Systemic issues including deaths in custody, correctional practices for the mentally ill, use of force and Aboriginal corrections issues, demand more investigative attention. The realignment of resources from daily operations to special topical reviews also impact on the ability to meet the mandate. This recognition resulted in the identification of six systemic investigative priorities.

Finally, because of the size of its investigative complement, the organization has to remain responsive to staff turnover with a view to ensuring continuous services to Canadians while minimizing disruption to operations. The organization was successful in this regard by launching annual anticipatory staffing processes that resulted in the establishment of pools of qualified investigators from which indeterminate positions were staffed.

Summary of Performance

2010-11 Financial Resources ($ thousands)

Planned Spending	Total Authorities	Actual Spending
$3,569	$4,117	$4,033

2010-11 Human Resources (FTEs)

Planned	Actual	Difference
28	30	2*

^{*The organization risk managed two FTEs to assist with operations while others were on parental leave}

Strategic Outcome: The problems of offenders in the federal correctional system are identified and resolved in a timely fashion

Performance Indicators	Targets	2010-11 Performance
Following prioritization, percentage of offender complaints addressed and responded to accordingly in a timely fashion.	100%	Due to a full complement of investigative staff throughout the reporting period, the Office was able to meet the level of service target in responding to offender complaints. All complaints received were prioritized and addressed by the Investigative Stream and closed accordingly in the case management tool (DATIS).
Percentage of responses to individual offender complaints by category.	100%	The Office of the Correctional Investigator’s investigative staff conducted 2,100 offender interviews during the reporting period. Investigators spent 341 days in institutions – a slight increase over the previous reporting period. The Office also conducted 844 investigations during the reporting period. See Annex of responses by category.
Percentage of responses and recommendations on key systemic areas of offender concern identified and subject to OCI recommendations.*	100%	The Correctional Service of Canada responded to 100% of the OCI’s recommendations on key systemic areas of offender concern. This was demonstrated in the CSC’s response to the OCI’s Annual Report.

^{*Additional information on the six key priorities can be found at www.oci-bec.gc.ca in the organization’s 2010-11 Annual Report.}

Program Activity	2009-10 Actual Spending ($ thousands)	2010-112 ($ thousands)				Alignment to Government of Canada Outcomes
		Main Estimates	Planned Spending	Total Authorities	Actual Spending
Ombudsman to federal offenders	$3,306	$2,785	$2,785	$3,345	$3,263	Safe and Secure Communities*
Internal Services	$696	$772	$772	$772	$770
Total	$4,002	$3,557	$3,557	$4,117	$4,033

^{* The OCI’s main program activity provides independent oversight of federal Corrections and contributes to public safety by ensuring the timely review of offender complaints. In addition, it aids public confidence and assurance that the CSC is compliant with legal and human rights obligations.}

Expenditure Profile

Office of the Correctional Investigator Spending Trend
($ thousands)

[Description]

Over the last three fiscal years, from 2008-09 to 2010-11, the Office of the Correctional Investigator’s expenditures remained stable averaging $3.7 M annually. Beginning with 2010-11, the organization was successful in securing permanent incremental funding to address workload pressures in both the investigative and corporate streams and to ensure it met its legislative mandate. In year three of this funding, the organization will see its appropriation permanently increase by $999K.

Estimates by Vote

For information on our organizational votes and/or statutory expenditures, please see the 2010-11 Public Accounts of Canada (Volume II) publication. An electronic version of the Public Accounts is available on the Public Works and Government Services Canada website.³

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