ARCHIVED - RPP 2006-2007
The Correctional Investigator Canada

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Section I:  Agency Overview

1.1  Correctional Investigator's Message

I am mandated to act as Ombudsman for federal offenders.  The essential oversight role of the Office of the Correctional Investigator (OCI) is to ensure that our federal correctional system is safe, 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 it 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.

I believe that Canadian society appreciates and values our efforts.  Thousands of incarcerated Canadians, members of their families and third parties acting on their behalf continue to contact our Office on a broad range of issues, notably personal safety, health care, access to mental health services, conditions of confinement and deprivation of fundamental human rights.  Canadians recognize that the quality of correctional treatment and of post-release assistance offered to offenders are critical factors in their ability to successfully reintegrate into the community as law abiding citizens and to contribute thereby to its overall safety.

The complexity of the legal, policy and operational environments, in which the OCI must evolve, has grown exponentially. The next fiscal year already promises to be a very challenging one for the OCI. 

On the management level, our focus will be on the further efforts required for the full implementation of the new Public Service Employment Act (PSEA) and specifically, on the integration of our human resources and business planning processes.  In keeping with our longstanding commitment to the prudent stewardship of public funds, the ultimate objective of this planning synthesis is the achievement of further gains in terms of economy and efficiency in the delivery of our services to Canadians.

On the operational level, the OCI will pursue its efforts on the issues it has raised in its latest annual report, notably the treatment of Aboriginal offenders and the need for accountability in the administration of women's corrections.

Addressing gaps in mental health services will be a major initiative this year. The number of offenders in federal institutions with significant identified mental health needs has more than doubled over the past decade.  However, the mental health services offered to these offenders are, by CSC's own admission, deficient in the areas of assessment, treatment, case planning and continuity of care.

In view of this; the OCI will continue to call on the Service to expeditiously and fully implement its Mental Health Strategy.  We will further increase our outreach efforts towards offenders with mental health issues, as their health status often interferes with their requesting assistance.  We shall then strive to ensure their voices are heard, their need for mental health services met and their fundamental human rights respected.

In all of these endeavours, the Office of the Correctional Investigator will continue to work in collaboration with other government agencies and with private and not for profit organizations involved in the fields of corrections, human rights and criminal justice.

Ultimately, our success will be defined by our contribution to the achievement of excellence within the federal correctional system.  Canadians legitimately expect and deserve our unwavering commitment to these ideals of sound governance, equity, justice and compassion.

 

Howard Sapers
Correctional Investigator

1.2 Management Representation Statement

I submit for tabling in Parliament, the 2006-2007 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 II of the 2006-2007 Estimates: Reports on Plans and Priorities and Departmental Performance Reports: It adheres to the specific reporting requirements outlined in the TBS guidance; It is based on the department's approved Program Activity Architecture as reflected in its MRRS; 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 approval planned spending numbers from the Treasury Board Secretariat. Name: _________________________________________ Title:   Correctional Investigator of Canada

1.3 Program Activity Architecture (PAA)

Below is the OCI's Program Activity Architecture, as presented in our 2005-2006 Report on Plans and Priorities (RPP).

Agency Program Activity (PA)	Expected Results
Oversight of Correctional Operations	Achievement of OCI's Strategic Outcome (SO): “The problems of offenders in the federal correctional system are identified and resolved in a timely and reasonable fashion”.
Agency Program Sub-activities and Priorities	Expected Results
Investigate and resolve individual offender issues	Individual offender complaints are reasonably addressed by the Correctional Service of Canada and corrective action is taken when necessary.
Investigate, monitor and resolve systemic offender issues	The Correctional Service of Canada will recognize systemic offender issues, will reasonably address them, and take appropriate corrective action. The Correctional Service of Canada will be compliant with previous undertakings, law, policy, and procedures.
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.
Investigate, resolve and provide leadership on specifically identified issues (Federally Sentenced Women and Aboriginal Offenders)	Specific offender issues related to Federally Sentenced Women and Aboriginal Offenders are reasonably addressed by the Correctional Service of Canada and corrective action is taken when necessary. The Correctional Service of Canada will be consistently compliant with previous undertakings, law, policy and procedures with regard to specific offender issues related to Federally Sentenced Women and Aboriginal Offenders.

Subsequently and further to discussions with experts from Treasury Board Secretariat, the OCI revised not only its Program Activity Architecture (PAA), but its entire approach to Performance Measurement and Reporting.

Presented below is the OCI's revised PAA. Our reader will note two main changes:

Firstly, the expected result centered on the Correctional Service of Canada's (CSC) level of compliance with law, policy and procedures, fairness and its previous undertakings has been assigned to the entire Program Activity, rather than a few program sub-activities.

Secondly, a greater emphasis is now placed on the OCI's responsibility, to achieve results and/or impact (attribution) CSC's performance in the resolution of offender problems, through its recommendations and interventions.

1.4 OCI Program Activity Architecture (January 2006)

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 with 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 wherein CSC has taken corrective action · Number of Women Offender specific and Aboriginal Offender specific OCI “areas of special interest” with improved CSC performance statistics ·  % of complaints received by OCI in  these “areas of special interest”,  wherein CSC has taken corrective action

1.5 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)
2006-2007	2007-2008	2008-2009
3,114	3,120	3,120

 

Human Resources (FTE's)
2006-2007	2007-2008	2008-2009
22	22	22

1.6 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)
			2006-07	2007-08	2008-09
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)	1,310	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.	766	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

 

1.7 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 review 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), in keeping with the recommendations of the Arbour Commission.

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.

In 1997, the Auditor General of Canada^[1] noted the OCI had to cope with an elevated and incessant demand for its services, and that both the volume and complexity of issues continued to increase. In 2000, the sub-committee of the Corrections and Conditional Release Act of the Standing Committee on Justice and Human Rights^[2] echoed that finding by recommending the provision of additional resources.

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[1] Auditor General of Canada, Report of the Auditor General of Canada to the House of Commons, Chapter 33, The Correctional Investigator Canada, December 1997.

[2] House of Commons Canada, Sub-committee on Corrections and Conditional Release Act, A Work in Progress: The Corrections and Conditional Release Act, May 2000.

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The OCI does not foresee 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 is called upon to provide results for Canadians continues to be extremely challenging. Essential to moving ahead requires not only innovative and dedicated services, but also sound risk management, knowledge-driven decision-making, rigorous stewardship, clear accountabilities and responsible spending.

To respond to these ongoing operational pressures the OCI adopted its first Corporate Strategic Plan in January 2002 and its Integrated Planning Framework in March 2002.

Identified then and since successfully addressed by the OCI were the following three operational priorities:

1. Increased frequency of institutional visits;
2. Specialized services to Women and Aboriginal Offenders;
3. Timely review and follow-up of s.19 investigations and Use of Force videotapes.

These targets remain current and reside within the core of our operational and strategic planning frameworks. However, the requirement to implement our new Management Resources Results Structure (MRSS) and Program Activity Architecture (PAA) dictate the restatement of our agency's plans and priorities and more specifically, in terms of expected results, performance indicators, and performance measurement strategy.

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.

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 in a timely fashion all offender issues; 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 insist, 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 (Mental Health will be an area of special interest)

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 RADAR 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.

Mental Health Services will be an area of special interest. The OCI will increase its outreach efforts towards offenders suffering from mental health issues. 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.

Throughout the period covered by the present report, the OCI will vigorously 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 post-penal community settings. The situation of Women Offenders and Aboriginal Offenders, in that regard will be the subject of particular attention.

During each institutional visit, OCI investigative staff will also meet with the Inmate Welfare Committee (IWC) 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), in keeping with the recommendations of the Arbour Commission.

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 and 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)

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. In 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 investigators 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 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.

At the management level, our major priority will be the further implementation of the new Public Service Act (PSEA) and specifically, the integration of our human resources planning into business planning.

Given our size and the absence internally of expertise in such matters, the OCI has entered into a Memorandum of Understanding (MOU) to obtain the assistance of the Canada School of Public Service.

The OCI Management Committee is very much aware of the key risks, challenges and key actions to be taken in this area. Recent staffing actions have revealed a shortage of candidates that meet our specific requirements, particularly in terms of knowledge and experience. The OCI anticipates that this shortage will only increase, as a growing number of baby boomers, including current OCI employees, elect to retire from the Public Service.

In view of this, the OCI will have to consider some or all of the following HR strategies, if it wishes to minimize disruptions to its business process during the 2006-2007 to 2008-2009 planning cycle:

• formal identification and continuous review of short, medium and long term requirements in terms of knowledge, skills and experience;
• recruitment directly from post-secondary institutions;
• increased expenditures and emphasis on training and development; and
• review of the layering of positions within the organizational structure with a view to increase mobility.

 

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