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CREATING CHOICES:THE REPORT OF THE TASK FORCE ON FEDERALLY SENTENCED WOMEN

FOOTNOTES:

* Words in brackets followed by * are editorial inserts for clarification purposes only.

1 This quote is taken from p.15 of this report, in the chapter titled "The Voices of Aboriginal Women".

2 Quote taken from a speech by Pierre Blais, the Solicitor General of Canada, to the Senior Management of the Correctional Service of Canada, delivered on November 29, 1989, in Ottawa.

3 Sugar, Fran, and Fox, Lana; "Survey of Federally Sentenced Aboriginal Women in the Community", Ottawa, January 15, 1990.

4 p. 1 of a letter written by Linda Jordan, Speaker, Native Women's Association of Canada, January, 15, 1990, presenting a report entitled "Survey of Federally Sentenced Aboriginal Women in the Community" written by Fran Sugar and Lana Fox for the Task Force on Federally Sentenced Women.

5 This chapter was written by Patricia A Monture, Professor of Law, Dalhousie University and member of the Task Force Working Group. The author would like to acknowledge the assistance of the other Aboriginal members of the Task Force particularly Fran Sugar and Debbie Meness whose help was greatly appreciated.

6 Firstly, the disadvantage here discussed is primarily an economic disadvantage which then impacts negatively on the woman's social experience and quality of life. Secondly, being labelled disadvantaged is often oppressive in and of itself. Such labelling conflicts with a definition of true equality (that is the respect and celebration of difference). Disadvantage when measured only by a material yardstick leads to this negative labelling. For a further expression of this idea, see p. 161-162, Patrica A Monture, "Ka-Nin-Geh-Heh-E-Sa-Nonh-Yah-Gah" in Canadian Journal of Women and the Law, Vol 2, No.1, 169, 1986

7 A recent presentation of these statics can be found in: Pamela M. White, Native Women: A Statistical Overview (Ottawa: Native Citizens Directorate, 1986); and Gilles Y. Larocque and R. Pierre Gauvin, 1986 Census Highlights on Registered Indians: Annotated Tables (Supply and Services Canada, Ottawa, 1989).

8 Choices is not merely an important element in the assessment of what Aboriginal women serving sentences require. The Aboriginal women on the Task Force all made political choices to participate in the Task Force process. This was not always the easiest choice to make. It was with great hesitation that the Aboriginal women accepted their positions on the Task Force. But, it was very important to us that the Aboriginal women's truth be told. We believe that truth can only be gained through living the experience. The expert is not the individual who has book experience. White education systems have often stripped away our pride and ou "Indian-ness". It should be noted from the outset that only two of the Aboriginal women menbers on this Task Force had any true experience of the subject matter. And to Fran Sugar and Lana Fox, it was largely your strength, kindness and love that has carried us through this experience. That all of us remained committed to this Task Force process in and of itself is an accomplishment. It has not been accomplished without sacrifice of pain.

9 It was the consensus of the Task Force Working Group members that we would adopt the use of the word Aboriginal, and not First Nations, Native, or Indian. This choice was made as some members felt strongly that we should condur with the wording of the Constitution of Canada. Accordingly, Aboriginal inclludes the "Indian, Inuit, and Metis". We also use the word to include status and non-status individuals.

10 This statement should not be read to assert that there exists a commonality among all women, let alone women prisoners. It is the belief of the Task Force that the circumstances of the lives of all women are not equal.

11 p. 55, Margaret Shaw, "Survey of Federally Sentenced Women", Ottawa, Canada, December 1989.

12 pgs 10-11, Fran Sugar and Lana Fox, "Survey of Federally Sentenced Aboriginal Women in the Community", Ottawa, Canada, January 1990. For a further discussion see Shaw (ibid) at pages 56-58.

13 pgs. 5-10, Sugar and Fox (ibid).

14 pgs 57-58, Shaw (ibid).

15 p. 54, Shaw (ibid).

16 pgs. 10-22, Correctional Law Review, "Correctional Issues Affecting Native Peoples".

17 Canadian Human Rights Commission, Annual Report, 1988.

18 p. 14, Winnipeg Consultation Summary of Oral Proceedings to the Task Force on Federally Sentenced Women. Presentation of the John Howard Society of Manitoba.

19 The Aboriginal Women's Caucus is a group of First Nation's Women seeking social justice for First Nation's citizens. Their mandate has focused primarily, but not solely on issues of criminal justice. The Aboriginal Women's Caucus is affiliated with the Native Women's Association of Canada.

20 pgs. 1-2 of a brief submitted by the Aboriginal Women's Caucus to the Solicitor General, September, 1989.

21 p. 8 Macdonnell, George, Report of the Royal Commission on Penitentiaries, 1914, Ottawa, Canada.

22 p. l35 Parliamentary Sub-Committee Report on the Penitentiary System in Canada. Ottawa, Canada, 1977.

23 p. 134, Ibid

24 p.297, Jackson, M., Justice Behind the Walls. Canadian Bar Association, Ottawa, Canada, 1988.

25 Report of the Canadian Committee on Corrections, (Ouimet Report), Ottawa, 1969

26 Report of the Royal Commission on the Status of Women, Ottawa, Ontario, 1970.

27 p.l35, MacGuigan report op cit.

28 p.233 Taking Responsibility, Report of the Standing Committee on Justice and Solicitor General on its Review of Sentencing, Conditional Release and Related Aspects of Corrections, David Daubney, M.P., Chairman, Ottawa, Canada, August, 1988.

29 Fabiano, Liz, and Ross, Dr. Robert, "Correctional Afterthoughts: Programs for Female Offenders", Ottawa, Ontario, November, 1989.

30 "Liaison", Vol. 8, Number 3, Solicitor General, Canada, March, 1982.

31 Clark Report, (1977); Report of the National Advisory Committee on the National Offender, Ottawa: Ministry of Solicitor General

32 Quoted on p.239 of Taking Responsibility, op cit.

33 Report of the Canadian Committee on Corrections, (Ouimet Report), op. cit.

34 Report of the Joint Committee to Study Alternatives for the Housing of the Federal Female Offender, (Chinnery Report), Canada, 1978.

35 p. 403 Report of the Canadian Committee on Corrections, (Ouimet Report), op cit.

36 p.237 Taking Responsibility op. cit.

37 Recommendation 26.1 of the Final Report of the Task Force on Aboriginal Peoples in Federal Corrections, Solicitor General Canada, 1988.

38 The Task Force on the Role of the Private Sector in Criminal Justice (the Sauvé Report), Ottawa, Canada, April, 1977

39 Taking Responsibility op cit.

40 p.229, Taking Responsibility, op cit.

41 p.75, Taking Responsibility op cit.

42 Report of the Advisory Committee on the Principles and Procedures Followed in the Remission Service of the Department of Justice, (Fauteux Report), Ottawa, Canada, 1950.

43 Report of the National Planning Committee on the Female Offender, (Needham Report), Ottawa: Ministry of Solicitor General, 1978.

44 Report of the National Advisory Committee on the Female Offender, (Clark Report), Ottawa, Public Affairs Division of the Canadian Penitentiary Service and the National Parole Service, 1977.

45 National Planning Committee on the Female Offender: Report. Ottawa: Ministry of the Solicitor General, Canada, 1978. Note: The underlining is editorial. This compromise solution was a recommendation to close the Prison for Women, to establish at least two regional facilities (one in the east and one in the west) and to continue to make use of the Exchange of Services Agreements.

46 Shaw, Margaret, "Survey of Federally Sentenced Women" Interim Report, Solicitor General, Canada, Ottawa, Canada, December, 1989.

47 Sugar, Fran and Fox, Lana, "Survey of Federally Sentenced Aboriginal Women in the Community", Ottawa, Canada, January, 1990.

48 Shaw, Margaret, "The Federal Female Offender: Report on a Preliminary Study", Ottawa, Solicitor General, Canada, June, 1989.

49 Axon, Lee, "Model and Exemplary Programs for Female Inmates: An International Review", Vol. 1, Ottawa, Canada, Correctional Service of Canada, September, 1989.

50 Axon, Lee, Women in the Criminal Justice System: an International Survey, Ottawa, Canada, 1987

51 The five research studies cited in this section are companion documents to the task force report.

52 Evans, Maureen, "A Survey of Institutional Programs Available to Federally Sentenced Women", prepared for the Task Force on Federally Sentenced Women, Ottawa, Canada, December, 1989

53 Heney, Jan: "Report on Self-Injurious Behaviour in the Kingston Prison for Women", submitted to the Correctional Service of Canada, Ottawa, Canada, January, 1990.

54 Correctional Service of Canada, Research Branch, "Mental Health Survey of Federally Sentenced Female Offenders at Prison for Women., Preliminary Report, Ottawa, Canada, November, 1989.

55 This figure of the total number of federally sentenced women in prison excludes federally sentenced women on day parole at community residential facilities, those on full parole or mandatory supervision and those unlawfully at large.

56 p. 6, Shaw, Margaret, "Survey of Federally Sentenced Women., op cit.

57 Information included in the paragraph was summarized from pages 3-6, Shaw, Margaret, "Survey of Federally Sentenced Women: Interim Report", op cit.

58 Figure taken from findings reported on p. 19, Shaw, Margaret, "Survey of Federally Sentenced Women", Interim Report, op cit.

59 Heney, Jan, op cit.

60 Correctional Service of Canada, Research Branch, "Mental Health Survey of Federally Sentenced Female Offenders at Prison for Women", op cit.

61 p. 11, Shaw, Margaret, "Survey of Federally Sentenced Women", op cit.

62 p. 11, Shaw, Margaret, "Survey of Federally Sentenced Women", op cit.

63 p. 29-30, Shaw, Margaret, ibid.

64 p. 31, ibid

65 p. 8, Evans, Maureen, op cit.

66 Information for this section taken from p. 25-26, Shaw, Margaret, op cit.

67 Figures taken from p. 4, Shaw, Margaret, "Survey of Federally Sentenced Women", ibid

68 p. 17, Shaw, Margaret, ibid.

69 p. 34, Shaw, Margaret, ibid

70 p. 34 Shaw, Margaret, ibid.

71 p. 8, Evans, Maureen, op at.

72 p. 5, Shaw Margaret, "Survey of Federally Sentenced Women., op cit.

73 p. 4, Shaw, Margaret, "Survey of Federally Sentenced Women., Interim Report, op cit.

74 Calculated from Management Information Services, Correctional Services of Canada, "Female Population Profile Report", June 30, 1989, Ottawa, Canada.

75 p. 7, Evans, Maureen, op. cit

76 Statistics quoted in this paragraph and the preceding one come from pages 6 and 7, Sugar and Fox, op cit.

77 p. 9, Sugar and Fox, ibid.

78 p. 11, Sugar & Fox ibid.

79 p. 16, Sugar & Fox, ibid.

80 Axon, Lee, "Model and Exemplary Programs for Female Inmates: An International Review", Vol. I, September 1989, Ottawa, Correctional Service of Canada

81 p. i, Axon, Lee, ibid.

82 p. 5, Axon, Lee, ibid.

83 p. 88,, Axon, Lee, ibid.

84 p. 83, Shaw, Margaret, "The Federal Female Offender: Report on a Preliminary Study", Ottawa: Solicitor General, Canada, June, 1989.

85 p. 4, Shaw, Margaret, op cit.

86 p. 23, Shaw, op cit.

87 p. 68, Shaw, op cit.

88 p. 11, Axon, Lee, op cit.

89 p. 88, Axon, Lee, op cit.

90 Report of the Royal Commission to Investigate the Penal System of Canada, Ottawa, Canada, April 1938.

91 p. 135, Parliamentary Sub-Committee Report on the Penitentiary System in Canada, Ottawa, Canada,

92 p. 229-231, Taking Responsibility The Report of the Standing Committee on Justice and Solicitor General on its Review of Sentencing Conditional Release and Related Aspects of Corrections, Ottawa, 1988.

93 p. 11, Sugar, Fran and Fox, Lana in "Survey of Federally Sentenced Aboriginal Women in the Community, January, 1990, Ottawa, Canada.

94 p. 11 Shaw, Margaret, "The Federal Female Offender: Report on a Preliminary Study", Solicitor General Canada, June, 1989.

95 p. 10, Final Report, Task Force on Aboriginal Peoples in Federal Corrections, Solicitor General, Canada, 1988.

96 p.i, Report of the Task Force on Community and Institutional Programs, Solicitor General Canada, Ottawa, Canada, October, 1989.

97 p 55-56, op cit.

98 While the co-chairpersons will have responsibility for providing leadership to the substantive aspects of the actual work of the Task Force, certain accountabilities were retained by the Commissioner because of the government structure within which the Task Force operated. The areas where the Commissioner did not guarantee full control to the co-chairs pertained to: finances, major timelines and milestones and progress reports.

99 Axon, Lee, op cit., and Shaw, Margaret, "The Federal Female Offender - Report on a Preliminary Study", op cit.

100 p 62, Shaw, Margaret, "Survey of Federally Sentenced Women", op cit.

101 The situation of British Columbia is discussed separately on pg. 100.

102 For example, see: Fabiano, Liz, and Ross, Dr. Robert, "Correctional Afterthoughts: Programs for Female Offenders", op cit.

103 Correctional Service of Canada, Research Branch, "Mental Health Survey of Federally Sentenced Offenders at Prison for Women", op cit.

104 p. 29-31, Shaw, Margaret, "Survey of Federally Sentenced Women", op cit.

105 Axon, Lee, "Model and Exemplary Programs for Female Inmates - An International Review", op cit.

106 The survey of federally sentenced women in prison and on parole or mandatory supervision in the community as well as the survey of federally sentenced Aboriginal women in the community both stress the wide range of needs of federally sentenced women.

107 Heney, Jan, "Report on Self-Injurious Behaviour in the Kingston Prison for Women", op cit.

108 The Chinnery Report, op cit, and the Needham Report, op cit. also support this conclusion.

109 Chinnery Report, op cit.

110 Needham Report, op cit.

111 Miller, Jerome, and Hoelter, Herbert, "There are Alternatives", American Bar Association, Update on Law-Related Education, Washington, 1982.

112 Ouimet Report, op cit.

113 "Justice Behind Bars", Canadian Bar Association, op cit.

114 Daubney Report, op cit.

115 Carlfield, Carolyn, "The Parole Process and Risk Upon Release for the Female Offender", Prepared on contract for the Solicitor general, December 17, 1988.

116 Sugar, Fran, and Fox, Lana, op cit.

117 Final Report of the Task Force on Aboriginal Peoples in Federal Corrections, Solicitor General, op

118 The Report of the Advisor Committee to the Solicitor General of Canada on the Management of Correctional Institutions, Ottawa, Canada, November 1984.

119 p. 4, Sugar, Fran, and Fox, Lana, in Survey of Federally Sentenced Aboriginal Women in the Community, January, 1990, Ottawa, Canada

120 Statistics taken from p. 5, Deschepper, Natalie, "Canadian Women in Conflict with the Law: Current Issues and Perspectives", a paper prepared for Status of Women Canada, July 28, 1989, Ottawa, Canada.

121 p. 8 and p. 10, MacLeod, Linda, "The City for Women: No Safe Place", a paper prepared for Secretary of State, Canada, October, 1989, Ottawa, Canada.

122 p. 6 Shaw, Margaret, "Preliminary Results from an Institutional Survey of Women", a report prepared for the Task Force on Federally Sentenced Women, 1989, Ottawa, Canada.

123 p. 7 Shaw, Margaret, "Preliminary Results from Institutional Survey of Women", a report prepared for the Task Force on Federally Sentenced Women, 1989, Ottawa, Canada.

124 Refer to MacLeod, Linda, Battered But Not Beaten, Canadian Advisory Council on the Status of Women, Ottawa, Canada, 1987.

125 Finding reported on p. 52, Axon, Lee, "Model and Exemplary Programs for Female Inmates, An International Review: Volume I, Report", op cit.

126 p. 34, Evans, Maureen, op cit.

127 pgs. 42-43, Evans, Maureen, op cit.

128 p. 8, Correctional Service of Canada. Mission Statement

129 For example, see p. 8, Axon, Lee, op cit.

130 p. 1 of a letter written by Linda Jordan, Speaker, Native Women's Association of Canada, January 15, 1990, presenting a report entitled "Survey of Federally Sentenced Aboriginal Women in the Community'', written by Fran Sugar and Lana Fox for the Task Force on Federally Sentenced Women.

131 The Task Force does not project a requirement for a Regional Women's Facility in British Columbia unless the Burnaby Agreement fails to meet the underlying principles of the Task Force plan.

132 See section on Community Strategy, p. 147 for further details.

133 Ibid

134 See section on Healing Lodge, p. 144, for further details.

135 See section on Community Strategy, p. 147, for further details with respect to the Regional Advisory Council.

136 Surviving in the forest is traditional knowledge for aboriginal people. Cities are the "new forest" and the teaching of skills to survive in the "new forest" will be an integral part of the Healing Lodge.