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HV 9308 J4 1980

CAEFS BRIEF TO THE STRATEGIC PLANNING COMMITTEE OF THE CSC May 1980.

Christie Jefferson.

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,//CAEFS BRIEF

to

The Strategic Planning Committee

of the

Correctional Service of Canada

May, 1980

prepared by Christie ,Jefferson

(A special thank you to the Toronto and Calgary E. Fry Societies for their valuable contributions.)

IFFIARY

MINISTRY OF THE SOLICITOR GENERAL OF CANADA

MAR 7 mm MINIS ' CITTUR

DA

OTTAWA, C, 1 ■,NIADA K I CIPO

II

Planning for the future is difficult in any sphere of

activity, but is particularly onerous in the area of criminal justice.

Every facet of society affects the utilization of a last resort for

intervening with an individual -- imprisonment.

There are, however, a number of key trends that are presently

evident that should be taken into account within CSC long term policy

and program planning. Some factors highlighted are outside the purview

of CSC but nevertheless wil1 affect CSC's future. We have generally,

however, confined our recommendations to the Federal level.

LEGISLATION

Recent years have witnessed an astonishing increase in amount

and scope of legislation at all levels of government. Legislation

has been unofficially hailed as the answer to any social or economic

problem. The increase in laws, often highly complex in nature, have

further removed laws from public understanding.

This cumbersome situation has been further complicated by

jurisdictional haziness as to which level of government can pass certain

kinds of laws. Provinces have increasingly become involved in enacting

laws which allow for penal sanctions; this phenomenon has become so

evident that "provincial criminal law" has become a commonly used phrase.

The implications for this state of affairs are many; certainly law

refont becomes much more difficult; if for example, soliciting or

possession of maryuana were removed from federal legislation, there

would be little to prevent a province, or even a municipality, from

passing laws prohibiting these activities.

Recommendation 1:

The fundamental review of the criminal code of Canada,

by the Law Reform Commission and the Department of Justice, should take

into account the number, language and use of laws, as well as a clari-

fication of jurisdictional responsibilities, and the seemingly arbitrary two

years less a day jurisdictional split. . . .2

-2

Furthermore, that the Task Force on Jurisdictional Overlap

and Duplication in Justice, established by the Clark government,

continue to exist and address the question of legislative jurisdictions.

The use of mandatory minimum sentences has increased in Canada

in the recent past. Federally, we have seen the introduction of the

25 year minimum imprisonment for first degree murder. Many provinces

are introducing mandatory prison sentences for persons convicted for

a second or third time of driving while impaired. The use of mandatory

sentences is having an effect an most prisons in Canada. At the Federal

level, the 25 year inmate is presenting new and tragic problems for CSC.

Several provinces are already reporting a significant increase in female

prison populations under the new laws concerning impaired driving.

The long term impact of mandatory sentences is difficult to

assess; we see it as undesirable in general to have mandatory minimum

sentences, as the courts cannot take into account the circumstances

surrounding the offence, nor the needs of the offender. More generally,

imprisonment has not shown itself to be an effective measure for

deterring crime, or enlightening offenders. To increase and guarantee

the use of imprisonment is an expensive error, in both human and

financial ternis.

Recommendation 2:

That the Federal Government and provincial governments review

mandatOry minimum sentences with an eye to resticting or removing such

requirements from legislation.

SOCIETAL FACTORS

There are a number of trends outside the realm of criminal

justice which are likely to have an impact on CSC.

...3

-3

We are on the whole an aging population, with a few notable

exceptions. The "baby boom" is now in its thirties; this large aging

group coupled with the drop in birth rates and an increased life

expectancy, will create havoc in society's institutions. We have

already seen the affects in the school system - massive expansion of

facilities and staff in the ffties and sixties, and closure of

schools and lay-offs in the late seventies. As crime, particularly of

a violent nature, is generally a young adult phenomenon, any prison

construction plans should be carefully considered.

The major exception to the aging population of Canada is the

Native population. At least one half of the Native peoples are under

20 years of age. The last two decades have witnessed an escalation in

imprisonment of Native people to crisis proportions in some areas of

Canada. This imbalance is particularly noticeable among female offenders.

For example, the Pine Crove institution in Saskatchewan has a native

inmate population of between 90% and 95% of the total. Kingston Prison

for Women has experienced a noticeable increase in Native prisoners in

the past year, unofficial counts being as high as 30 of the 110 women

in Kingston. Native imprisonment will likely continue to rise unless

immediate large-scale measures are introduced.

Recommendation 3:

That the recommendations agreed to by Federal and Provincial

ministers at the National Conference on Native Peoples and the

Criminal Justice System, held in February, 1975, be implemented and that

all levels of government provide adequate long term funding for the

recommended innovations.

Recommendation 4:

That CSC hire Native staff at the Kingston Prison for Women, provide

funds for contracting with outside agencies for Native programmina, and more

Native staff in management in all regions and in Headquarters to ensure

adequate and appropriate policies and programmes for native prisoners.

. .4

Furthermore, that adequate funding be allotted for Native community

services for aid to Native inmates and parolees.

The status of women in Canadian society is another key

influence on female criminality and imprisonment.

Female offenders largely commit economic related offences,

ie. SO% of charges involve shoplifting and bad cheques. Soliciting

for the purpose of prostitution is also an offence very much related

to a woman's ability to earn a decent livelihood through legal and

acceptable means.

The earning power of women as compared to men in Canada is

as bleak as ever. It is estimated, by the Canadian Advisory Council

on the Status of Women, that 80% of women will work for most of their

adult lives, and yet 62.7% of women work in sales, service and clerical

low-paying jobs. Given prevailing economic and social conditions, this

trend is unlikely to be reversed and may well worsen. It is not unlikely '

that economic-based crimes committed by women will increase in the 1980's.

Alternatives to imprisonment for these kinds of offences

must be developed; hopefully these new approaches could encorperate

job training or retraining to help women meet their economic needs.

Furthermore, this economic reality must be reflected in programs and

training opportunities for women prisoners. We will address this issue

in the next section in terms of making recommendations.

An economic recession or depression will have other implications

besides its effect on the status of women. Most major prison construction

programs have been launched in Canada during times of economic crisis,

(eg. late 1800's, and the 1930's). We have already witnessed a partial

justification for a major construction scheme two years ago as a job

creation program.

...5

-5-.

Economic strains of the past 5 years have encouraged the

use of cost/benefit analysis, a rather inappropriate base to measure

human needs and services. This exclusive emphasis on financial

accountability and costs per unit of service, in assessing the value

of a program, has had an unprecedented impact on community services.

Private services are becoming highly bureaucratized and professionalized

to meet these new complex requirements of reporting to government funders.

Some services are actually turning away high risk or difficult clients

in order that their "success" statistics remain at the optimum level.

Cost/benefit assessments are largely being rejected throughout

the United States; this method of analysis is being replaced by block

funding and the use of standards and accreditation procedures.

Recommendation 5:

That all implementation of ACA Standards be stopped. That the

Ministry of the Solicitor General support and utilize the Canadian

standards and accreditation scheme to be developed by the Canadian Association

for the Prevention of Crime.

Economic "hard times" are causing the reduction of critical

services across Canada, the loss of which will ultimately affect the

CSC "caseload". The erosion of public psychiatric facilities may increase

the likelihood that prisons will be used to confine persons who are in

fact mentally ill. This may, in the long run, push CSC into expanding

the building of psychiatric facilities in addtion to penetentiaries, to

fill the service vacuum.

Canadians are consuming drugs and alcohol at an ever-increasing

rate, perhaps to escape the strains of our modern world. These sub-

stances are prescribed with disturbing frequency by our medical profession,

particularly tranquilizers (given in the main to women). Alcohol and

drug abuse is a serious problem in every walk of life. Both staff and

6

inmates in the federal system are no exception. Drug and alcohol

addiction is a common problem in the Kingston Prison for Women

population. Yet, we as a society have not faced this growing

dependency on drugs, either with effective public education, or

treatment programs. In fact, federal money available for such

programs has been drastically reduced. (A recommendation on this

urgent matter will appear in the next section.)

FACILITIES AND PROGRAMS FOR FEMALE OFFENDERS

Women offenders, in the federal system, are discriminated

against, in part due to their small numbers. Male inmates have a wide

variety of institutions in which they can be confined, in each region,

with a variety of security levels and program possibilities. Female

federal inmates are either confined in Kingston, or in a provincial

faciity if a transfer arrangement with the province exists, and if

a province is agreeable and has the space. Many women in Kingston

actually serve sentences of under two years; we would encourage a review

of the seemingly arbitrary two year less a day jurisdictional division

between federal and provincial inmates.

Recommendation 6:

That the federal government make a public commitment to close

the Prison for Women.

Reasons:

1) Kingston Prison for Women has been obsolete since the day

construction began. It is a completely inappropriate physical

plant for housing the federal female offender.

2) Kingston Prison for Women is the only facility in Canada

operated by C.S.C. to house the federal women offenders,

irrespective of type of offence, security demands, place of

origin, and personal needs. It was designed primarily for

maximum security. For the vast majority of federal women

. . .7

7

offenders, this is ARBITRARY TREATMENT which is CRUEL AND

UNUSUAL.

3) Women offenders in K.P.W. are isolated by distance and by

maximum security conditions from thr homes and families,

from the community at large, and from responsibility for the

crime they were convicted for. This cannot be a rehabilitative

or a growth situation.

4) Women inmates in K.P.W. are often caught in a jurisdictional

vacuum, unable to receive many special services in education,

mental and physical health, etc. because no one (C.S.C.,

Ontario provincial government, or their home province) will

pay for it, even though the courts may have recommended it.

5) Realistic release planning in the home provinces is virtually

impossible.

Concerns:

1) CAEFS, as a national federation, supports the development

of regional options for federal women.

2) CAEFS is sensitive to the fact that arranging these regional

alternatives is a lengthy process. We have expressed serious

concern for the well being of inmates and staff currently located

there. We are convinced that resources can and must be made

available within the Prison while it remains open, in areas of:

social service treatment

work opportunities

physical health and fitness

community and private sector participation

expanded and varied use of the Temporary Absence Program

affirmative action to fill senior management positions

within the Institution with women

individual program planning prior to transfer

...8

3) At the same time, this does not justify the construction of

a multi-million dollar activity centre within nor

launching lengthy process of seeking accreditation for an

obsolete facility

4) The federal woman offender has always been a low priority in

the Canadian Corrections community. We are urging "affirmative

action" on the issue of finding a suitable plan to relocate

her. We reiterate our statement of July 1979 that adequate

long term funding must be committed to future handling of

woman offenders. Budget restraint should not be a rationale

for continuing to deny women reasonable treatment.

Conclusion: The continued use of Kingston Prison for Women as a facility

to house women is unacceptable. We are concerned with programing

for women presently in Kingston as plans for closure are explored

and implemented.

Given the poor employment opportunities and pay scales for women,

the present programme at Kingston Prison are not providing the

necessary skills for women to adequately survive upon release

through legal means.

Recommendation 7:

That Kingston Prison for Women programs and services be expanded

to provide adequate life skills training, and a variety of marketable job

training opportunities, for example: trades training and data processing

courses.

Recommendation 8:

Given that the vast majority of prisoners in Kingston Prison for

Women have reported drug or alcohol abuse, drug and alcohol programs should

be instituted in Kingston, and CSC should provide adequate encouragement

and funds to community services for drug and alcohol programs. Special

programs should be developed for Native women in this area.

..9

-9

THE COMMUNITY

There are a number of significant trends worth noting with

regard to the role of the voluntary sector in criminal justice:

a) In 1978/79 the total CSC budget was approximately

$340,600,000; the total budget allocation in the same year for

private agencies and contracts with provincial governments was

$4,570,631 or .6%. This sum, which was not fully expended,

included parole supervision, community assessments,

residential services, special programs, and grants.

b) In 1966, voluntary or private agencies supervised 73% of the

total number of parole cases; by 1979 this figure had dropped

to 15%. Early indications for 1980 show a continued drop in

referrals to private agencies.

c) There have been consistent severe reductions in parole releases

over the last few years; the union of Solicitor General employees

have exp.ressed concern over threats to manyears; local CSC

managers having to account for staff numbers are under considerable

pressure to keep caseloads as high as possible.

d) There is no over-all • inistry policy on the role of the

voluntary sector.

e) The CSC has adopted a policy to change present grants to

community agencies to contribution agreements; recipients will be

required to submit yearly applications within the budgetary cycle

specifying the service, its applicability to the CSC mandate and

the form of evaluation to be used. The remaining drop of flexible

funding to communities, grants, will thus be removed and replaced

by a cost/benefit approach.

These trends have a number of implications if left to follow their

logical courses.

1. We foresee that the only type of private agency that can cope

with complex reporting and accounting mechanisms will be costly

...10

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bureaucratic machines. Flexibility, creativity and innovation

will suffer.

2. Within five years, there will be no private sector parole

supervision.

3. Major lay-offs will occur within the first few years of this

decade of CSC employees, particularly parole officers.

4. The costs of CSC will continue to mount. (The CSC budget has

increased 4-fold in the last lecade despite only comparatively

minor increases in numbers of inmates.)

5. The voluntary sector will increasingly join together in common

alliances to balance government expansion and control.

Recommendation 9:

That a Ministry-wide policy on the role of the voluntary sector

be undertaken in conjunction with the voluntary sector.

As human and financial costs continue to mount in our use of

imprisonment as a measure of social control, alternatives are needed more

than ever. Funds for innovation from government, however, are scarce and

are usually provided for a limited time period as a form of demonstration.

Most governments have verbally committed themselves to the notion of prevention

and innovative alternatives. And yet, of the three billion dollars spent

in the administration of criminal justice in 1977-78, over 64% was spent on

police services, 30% on correctional services, and the remaining 6% on all

other services, including prevention, alternatives, research and public

education. In other words, money is spent on the apprehension and processing

of offenders, rather than prevention or community-based alternatives.

As long as this state of affairs continues we will incarcerate thousands of

individuals for non-payment of fines, minor property offences, and offences

against provincial statutes.

..1 1

- 11 -

The Federal Government has viewed prevention and alternatives

to imprisonment and diversion as provincial in jurisdiction with the

minor exception of small contributions toweard demonstration projects.

It may be necessary to create a fund, a modest LEAA ( Law Enforcement

Assistance Administration) federally to encourage across Canada alternatives

at the community level.

Another course available to the Federal Government to increase

funding to the voluntary sector from individual taxpayers, is the tax

reform scheme being proposed by the National Voluntary Organizations (NVO).

(The NVO is comprised of 120 or so national voluntary groups including

health, justice, environmental, native, Church, consumer, and social service

groups.) The reform, Give & Take, is basically proposing that the

standard $100 deduction for charitable donations be replaced by a tax credit,

the donor receiving one dollar for every two dollars given to a charitable

organization.

Recommendation 10:

That the Federal Government implement the Give & Take proposal.

LiBfY MINISTRY CF THE S'''. -..:;_!CITOR

GENERA: C • A:7,A

MAR 7 ign

'7LY'..CTEUR

ON CANADA i.1A

BOLDEN CANADA L B.LB BL

III I I I I I 11 1i 0000017050

DEC 1=9_1991

Date Due

MV Jefferson, Christie. 9308 CAEFS BRIEF to the J4 Strategic Planning Corn- 1980 mittee of the Correction-

al Service of Canada.

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