Treasury Board of Canada Secretariat
Symbol of the Government of Canada

ARCHIVED - RPP 2007-2008
The Correctional Investigator Canada


Warning This page has been archived.

Archived Content

Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats on the "Contact Us" page.

 


Section I:  Agency Overview

 

1.1 Correctional Investigator's Message

As Canada’s federal prison Ombudsman 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. 

Independent prison oversight is critical to accountability in a democratic society.  Prisons are by nature closed institutions, often far from the public eye, where one group of people has considerable power over another. However well prisons are run, the potential for abuse is always present. For more than 33 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.

In November 2006, after more than two and half years of auditing work, the Auditor General (AG, Chapter 11) tabled a report which alleged improprieties by a previous Correctional Investigator. The audit period covered between 1998/99 and 2003/04. Upon my appointment in April, 2004, I was briefed about the ongoing review and audit of the AG, and moved quickly to review and strengthen the Office’s governance, financial management, human resources policies, and performance measurement and reporting. A detailed list of improvements is included in section 3.2 of this report. When the AG Report was tabled, I acted promptly and decisively to address a number of concerns, including initiating the process to recover money as recommended in the audit report. 

Working with the Treasury Board Secretariat, I secured the services of a consultant who was assigned the role of interim Senior Financial Officer for the Office.  His duties also included the review the Office’s new financial and human resources management procedures and advised if there is anything more that can be done to address the recommendations of the AG and ensure compliance with Treasury Board policies.  Finally, the Office entered into a new agreement which details roles and responsibilities from the Department of Public Safety and Emergency Preparedness as its service provider for financial and human resources management.

The Office will continue to support Central Agencies in the development and application of any government-wide policy or procedural change aimed at strengthening agency accountability frameworks.  The OCI is committed to comply with applicable legislation and TB policies, and demonstrate accountability and transparency in its management of financial and human resource management.  Sound management practices will remain a core priority for the OCI in all aspects of its operations.

The next fiscal year promises once again to be a very challenging one for the OCI.  The number and level of complexity of offender complaints continue to increase.  Workload pressures constantly test our ability to meet our legislative mandate.  As indicated in my last Annual Report 2005/06, addressing individual offender complaints at the institutional level remains this Office’s major strength.  However, the OCI’s greatest challenge has been its limited ability to cause the CSC to reasonably address systemic issues and to ensure that CSC’s operations fully comply with its legislative and policy framework. 

Limited gains have been made on several key systemic issues identified by the OCI in recent years, including addressing gaps in mental health services, removing systemic barriers that prevent timely safe reintegration of Aboriginal offenders into the community, and ensuring the delivery of appropriate programs and services to women offenders.  Moreover, over the last decade, the OCI has become increasingly concerned about the high number of deaths and self-inflicted injuries in federal institutions.  In my last annual report, I stated that my Office was especially concerned about the number of similar recommendations made year after year by CSC’s national investigations, provincial coroners, and medical examiners.  I also expressed concern about the ability of CSC to implement these recommendations on a national level, and undertook to conduct a comprehensive review of reports and recommendations dealing with deaths in custody and other matters. 

In the next fiscal year, the OCI will continue to pursue resolution of these key areas of focus and the many other systemic issues identified in my last annual report.  The OCI will continue to be committed to foster a collaborative, respectful and productive relationship with the CSC, and to work diligently to carry out its challenging mandate with the highest degree of professionalism.

 

Howard Sapers
Correctional Investigator

1.2 Management Representation Statement


I submit for tabling in Parliament, the 2007-2008 Report on Plans and Priorities for the Office of the Correctional Investigator.

This document has been prepared based on the reporting principles contained in the Guide for the Preparation of Part III of the 2007-2008 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:

It adheres to the specific reporting requirements outlined in the Treasury Board Secretariat guidance;

  • It is based on the department’s approved Strategic Outcomes 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 Secretariat in the RPP.

Name: _____________________________________

Title:   Correctional Investigator of Canada


1.3 Program Activity Architecture (PAA)

Below is the OCI’s Program Activity Architecture, as presented in our 2006-2007 Report on Plans and Priorities (RPP).


Strategic Outcome

Expected Results

Performance Indicators

The problems of offenders in the federal correctional system are identified and addressed in a timely and reasonable fashion

   

Program Activity

Expected Results

Performance Indicators

Oversight of correctional operations

▪ The Correctional Service will improve its compliance with regard to Law, policy and procedures, fairness and its previous undertakings

▪ OCI interventions and recommendations, will have an impact (attribution), on CSC performance with regard to the resolution of offender problems

▪ Degree of CSC compliance with Law, policy and procedures, fairness and its previous undertakings

▪ Number of OCI interventions and recommendations with impact (attribution) on CSC performance

Program Sub-Activity

Expected Results

Performance Indicators

Investigate and resolve individual offender issues

▪ Individual offender complaints are reasonably addressed by the Correctional Service of Canada (CSC) and corrective action is taken (when necessary)

▪ Number of individual offender complaints where CSC has taken corrective action

Investigate, monitor and resolve systemic offender issues (Mental Health is an area of special interest)

▪ Systemic issues will be acknowledged by CSC and corrective action taken.

▪ Number of acknowledged systemic issues, where corrective action has been taken

Monitor, evaluate and provide representations on CSC management of mandated issues (s.19 investigations and Use of Force incidents) ▪ Increased thoroughness, objectivity and timeliness of the Correctional Service of Canada’s investigative process regarding s.19 Investigations and Use of Force incidents ▪ Number of s.19 Investigations Reports and Use of Force Incident Reports with problems
Investigate, resolve and provide leadership on specifically identified issues ( e.g. Women Offenders and Aboriginal Offenders) ▪ Improvement in CSC performance with regard to specific issues related to Women Offenders and Aboriginal Offenders

▪ Number of complaints received by OCI from Women Offenders and Aboriginal Offenders and where CSC has taken corrective action

▪ Number of Women Offender specific and Aboriginal Offender specific OCI “areas of special concern” with improved CSC performance statistics

▪ % of complaints received by OCI in  these “areas of special concern”,  wherein CSC has taken corrective action


1.4 Summary Information

Reason for Existence

The Office of the Correctional Investigator (OCI) provides Canadians with timely, independent, thorough and objective monitoring of their federal correctional system 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 legal and human rights obligations.


Financial Resources (in thousands of $)

2007-2008

2008-2009

2009-2010

3,132

3,132

3,132


 


Human Resources (FTE’s)

2007-2008

2008-2009

2009-2010

22

22

22


1.5 Agency Priorities by Strategic Outcome

The Office of the Correctional Investigator (OCI) is a federal micro-agency. It has only one Program Activity (PA), that is the “Oversight of Correctional Operations” and only one Strategic Outcome. The OCI’s priorities revolve around its legislative mandate and accordingly, are the agency’s program sub-activities.


 

Planned Spending (in thousands $)

 

2007-08

2008-09

2009-10

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

Priorities

Type

Expected Results

     

1. Investigate and resolve individual offender issues

Ongoing

Individual offender complaints are reasonably addressed by the Correctional Service of Canada (CSC) and corrective action is taken (when necessary)

1,313

1,313

1,313

2. Investigate, monitor and resolve systemic offender issues (Mental Health is an area of special interest)

Ongoing

Systemic issues will be acknowledged by CSC and corrective action taken.

768

768

768

3. Monitor, evaluate and provide representations on CSC management of mandated issues (s.19 investigations and Use of Force incidents)

Ongoing

Increased thoroughness, objectivity and timeliness of the Correctional Service of Canada’s investigative process regarding s.19 Investigations and Use of Force incidents

211

211

211

4. Investigate, resolve and provide leadership on specifically identified issues

(e.g. Women Offenders and Aboriginal Offenders)

Ongoing

Improvement in CSC performance with regard to specific issues related to Women Offenders and Aboriginal Offenders

320

320

320


1.6 Agency Plans and Priorities

The Office of the Correctional Investigator (OCI) is largely funded through operating expenditures and has the authority to spend revenue received during the year.

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 similar monitoring of all interventions by Institutional Emergency Response Teams (IERTs).

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 portfolio 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 and the Department. 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 continue 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 resolved in a timely and reasonable fashion”. Our PAA-related plans and priorities correspond to our four Program Sub-Activities:

Priority 1

Investigate and resolve individual offender issues

The role of the Correctional Investigator is to be 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, monitor and resolve 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 lowest possible organizational 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 or serious bodily injury to an inmate. The OCI is also engaged in similar monitoring of interventions (Use of Force) by Institutional Emergency Response Teams (IERTs).

Plans

The OCI Coordinator of s.19 investigation and Use of Force Issues, with the assistance of an analyst, will review CSC s.19 investigations and CSC reports inclusive of 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 report. 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. 000In 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 Aboriginal Offender Issues, OCI investigators will deal, in essentially the same manner as described above, with individual and systemic issues brought to their attention by Women and Aboriginal Offenders.

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 Issues and Women Issues) will assume the provision of 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 envelop. It will also focus its monitoring and investigative efforts of Correctional Services of Canada (CSC), 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.