Commissioner's Speeches

Aboriginal Affairs and Northern Development Committee

Remarks by:

Don Head, Commissioner, Correctional Service of Canada
November 26, 2009

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Good afternoon everyone.

I would like to thank you for the opportunity to speak to you today.

By way of background, I have been the Commissioner of the Correctional Service of Canada since June 2008.

From 2002 until then, I was CSC’s Senior Deputy Commissioner. I actually began my career as a correctional officer in 1978.

I have also worked in the provincial and territorial correctional systems, first in the Yukon as the warden of the territorial jail and as acting Director of community and correctional services, and then in Saskatchewan as the Assistant Deputy Minister responsible for probation and correctional services for the Department of Corrections and Public Safety.

I believe my experience in the territorial, provincial, and federal correctional systems has provided me with a good understanding of issues surrounding Aboriginal corrections.

The disproportionate representation of Aboriginal peoples throughout the criminal justice system has been well documented.

Currently, Aboriginal peoples account for about 4 percent of the adult Canadian population, but 17 percent of the federal offender population.

The factors associated with this over-representation are multi-faceted, complex, and involve challenges such as community health and well-being, socio-economic inequities, and inter-generational trauma. The factors are not only multi-dimensional, they are, quite frankly, societal in nature.

CSC is at the receiving end of the criminal justice system and, as such, has very limited capacity to resolve these factors.

What we can do is to take action within our legislated responsibilities to address the needs of First Nations, Métis and Inuit offenders, as set out in the Corrections and Conditional Release Act.

The CCRA is very specific about our responsibilities with respect to Aboriginal offenders. It requires us to provide culturally-appropriate policies, programs and interventions that address factors associated with risk and needs of offenders as a foundation for their safe return to the community.

It also gives Aboriginal peoples a place in the development and delivery of federal correctional policies, programs and services and provides for Aboriginal spirituality and culture in the correctional environment.

For example, Section 81 of the CCRA sets out the provisions for the establishment of Agreements for the transfer of minimum-security Aboriginal offenders interested in pursuing a healing path from CSC facilities to the care and custody of Healing Lodges established in Aboriginal communities.

The CCRA guides our efforts to address the needs of Aboriginal offenders and, in a moment, I will give you an overview of the actions that we have taken and plan to take to address these needs.

But first, I will outline for you some of the challenges that we face in our work.

Aboriginal offenders tend to be younger, and have higher risk and needs than non-Aboriginal offenders. Many have lengthier criminal histories with a greater percentage of violent convictions and gang affiliations.

At the same time, there has been a trend toward shorter sentences for Aboriginal offenders, in fact for all offenders, over the past several years. This trend seriously limits the time available for CSC to provide access to programs and interventions dealing with important issues such as substance abuse and violence prevention – areas of critical importance for the safe return of Aboriginal offenders to the community

Aboriginal offenders tend to represent a greater proportion of unmotivated offenders refusing to access programs and comply with their correctional plans.

They also demonstrate higher needs in areas such as substance abuse, employment and employability, and education.

In this context, Aboriginal offenders continue to serve a greater proportion of their sentences in institutions, are more likely to waive or postpone their parole hearings, and have higher rates of reincarceration during periods of conditional release.

Responses to these issues are challenging, but we have taken a course of action that we believe will improve results over the long-term.

Research has demonstrated that reconnection with culture, family, and community are key factors in the rehabilitation and reintegration of Aboriginal offenders.

Therefore, CSC’s approach to Aboriginal Corrections is based on a Continuum of Care model, which begins at admission, is followed by paths of healing, and ends with the reintegration of Aboriginal offenders into the community. This approach has a positive impact on public safety by fully engaging Aboriginal offenders in the process, thus reducing the likelihood of re-offending and lessening the potential for re-incarceration.

The Continuum of Care model, which was developed with the guidance of Aboriginal Elders, was adopted by CSC in 2003 and expanded in 2009 to emphasize collaboration and horizontality within government agencies and Aboriginal communities.

The model provides the flexibility necessary to respect the diversity of First Nations, Métis, and Inuit peoples. It is also respectful of the significant provincial and territorial variations in cultures, traditions, and languages, as well as the diverse needs and capacities of rural, urban, remote, and Northern communities.

In 2006, we developed the Strategic Plan for Aboriginal Corrections, which expanded on the Continuum of Care model.

In 2009, the Strategic Plan was updated to the Accountability Framework, which is designed to ensure that the Aboriginal dimension is integrated within all aspects of our planning, operations, reporting and accountability. It is grounded in specific actions within the context of CSC’s five corporate priorities.

The actions supported by the Accountability Framework reflect an understanding of Aboriginal cultures and history, the current social reality, and the importance of cultural traditions when formulating meaningful correctional policy for the Aboriginal peoples in our care.

Since 2004, CSC has been working towards the development of a Northern Strategy for Corrections. A Framework has been finalized, and is being consolidated into an overall Strategy. A discussion paper will be presented to the February 2010 meeting of CSC’s Executive Committee.

The Strategy will focus on the Yukon, the Northwest Territories and Nunavut, as well as Nunavik and Nu-nat-si-a-vut. CSC will be working closely with other federal departments and agencies, and provincial, territorial and Aboriginal stakeholders, to develop the Northern Strategy.

Several northern corrections programs and initiatives are underway (with a focus on Inuit offenders), including the delivery of culturally-appropriate programs, staff training, and liaison and consultation with territorial and other federal government counterparts.

Aboriginal offenders currently have access to education, work, correctional programming and social/cultural services.

We know that effective correctional programs are an essential element in preparing offenders for their safe return to the community.

As such, Aboriginal offenders participate in both National programs (formerly referred to as core programs), as well as Aboriginal-specific programs which include the integration of effective correctional program principles with traditional Aboriginal healing approaches.

CSC operates eight Aboriginal-specific correctional programs, designed with Aboriginal stakeholders for delivery by Aboriginal staff. These programs target violence prevention and substance abuse – key areas that place Aboriginal offenders at higher risk to re-offend.

Through our experience working with Aboriginal offenders, we have observed that programs that include culturally-appropriate elements and correctional interventions have proven to be more effective with an Aboriginal population that has higher risks and needs than other segments of our population.

For example, a recent evaluation has shown that male Aboriginal offenders who participated in the “In Search of your Warrior” program were 19% less likely to be readmitted to custody relative to a comparison group, and enrolments by Aboriginal women offenders in that program increased by 80%. Completion rates for the Aboriginal substance abuse program increased from 56% to 93%. Those that participated in our community maintenance program were 59% less likely to be readmitted for a new violent offence. Because of this success, CSC is continuing to build capacity to deliver culturally-appropriate treatment.

As part of our national program improvement plans, CSC is developing an Integrated Correctional Program Model that will allow for inclusive and more efficient delivery of programs to all offenders. This new program model will be piloted in the spring of 2010.

This Model includes an on-going support for the highest-risk offenders, for example those in maximum-security institutions. It is believed that offenders will have better opportunities to engage in their correctional plans and transfer to lower security where they can focus on successfully completing their correctional plans and on reintegration efforts.

With respect to recruitment, retention and cultural competency in our workforce, CSC is viewed as the second best employer in the federal Public Service in terms of representation of Aboriginal peoples.

In fact, CSC has developed a very aggressive strategy for the recruitment of Aboriginal peoples for key positions of influence such as program officers, community development officers, liaison officers, correctional officers, parole officers, and Elders.

In addition, we have promoted several Aboriginal staff to assistant warden, deputy warden, warden, and other executive-level positions.

CSC has invested nearly $33 million in Aboriginal corrections through fiscal year 2009–2010 to support:

• the expansion of Aboriginal interventions and healing programs in our institutions, Healing Lodges, and communities;
• increased access to Elders in institutions;
• an increase in Pathways Units to offer more intensive healing and support;
• concrete action to address the needs of Aboriginal offenders from the north with a focus on Inuit offenders; and
• the creation of more Aboriginal employment and job placement opportunities.

CSC continues to work collaboratively with all criminal justice partners and the community to fully support the safe transition of Aboriginal offenders to communities. I believe our dedicated efforts have put us on track to respond to the unique needs of Aboriginal offenders.

Thank you for this opportunity to speak and I welcome any questions you may have.