Organization: The Correctional Investigator Canada
Year: 2024
Month: August
Request Number: A2024-0002
Request Summary: I am requesting copies of any and all of the evidentary or experiential data used by the Correctional Investigator to draw the conclusive statements cited in this request. With regard to indigenous offenders serving life sentences; What Benefit is Pathways to “Lifers”? Indigenous individuals account for slightly more than one-quarter of those in-custody with a life and/or indeterminate sentences.90 In practice, individuals with life and/or indeterminate sentences (henceforth, Lifers) in federal custody are not expected to participate in correctional programs that aim to accelerate cascading to lower security levels and community reintegration. This expectation is even entrenched in the correctional culture as Lifers have a harder time getting access to programs and other correctional activities earlier in their sentence. In light of this, initiatives like Pathways that facilitate cascading and prepare individuals for community release within a narrow window of time are generally not deemed suitable for Lifers – unless they are close to parole eligibility or a review for minimum reclassification. As one Pathways staff put it: “A Lifer who just came to medium should not be on Pathways for six years – not appropriate to do this program for years at a time. The six-month review is redundant for Lifers. When I do reviews for these guys [Lifers] I hardly change anything, unless they’ve completed programs. They are not getting reclassified.” 90 Motiuk, L., & Hayden, M. (2021 May). Federal offenders serving life sentences: 2015-16 to 2019-20 (RIB-21-08). Ottawa, ON: Correctional Service of Canada. Also, see: Public Safety Canada (2022). 2020 Corrections and Conditional Release Statistical Overview. Unsurprisingly, Lifers experience different outcomes as Pathways participants compared to (often younger) individuals with determinate sentences.91 Ideal participants are described by CSC as those, “who would stay no longer than one year prior to movement to lower security” (GL 702-1). As one interviewee put it, “Long term guys and DOs [dangerous offenders] are often looked over, while the young guys, intake guys, or short sentence guys are moved quickly.” Another participant shared his experience as follows: “Been here at the medium for two years, and in Pathways for six months. As a lifer, we get bumped and it takes longer to cascade. Getting assessments is hard, like for psych assessments to cascade. Unless there’s a parole date coming up, you’re getting bumped.” However, despite poorer outcomes and fewer incentives, during interviews we found that Indigenous Lifers – whether due to older age or a greater affinity to culture and spirituality – were often more intrinsically motivated to pursue a traditional healing path. Yet, by design, the Pathways admission process is more restrictive for Lifers. As per CSC’s GL 702-192: Lifers or other offenders who do not have the potential to transfer to lower security or be conditionally released within three years may be admitted to Pathways where appropriate. The available bed space for Lifers should not normally exceed 20% of available bed space. Making matters worse, motivated Lifers who demonstrate progress along their healing plan, who are engaged, and on “good behaviour” are still being passed over for transfers to lower security placements. Instead of cutting Lifers off at the three-year mark, CSC could recognize their engagement with more meaningful rewards (e.g., ETAs, lower security transfers, and transfers to Healing Lodges). 92 Section 7 of Annex B in CSC’s revised GL 702-1 proposed to remove the following language pertaining to Lifers, i.e., the available bed space for Lifers should not normally exceed 20% of available bed space. Later in this policy document, under Annex C, it states, “Offenders who have an indeterminate sentence or are serving life sentences may be placed in Pathways for a specific period not exceeding three years.” In fact, in its 2016 report, the OAG reported, “offender casework files did not document the impact of the interventions provided to offenders or the extent to which the interventions contributed to the offenders’ successful reintegration into the community.” The report goes on to say: … we found that the assessments prepared for conditional release by parole officers contained no documentation of the benefits of an offender’s participation in culturally specific correctional interventions, such as Pathways Initiatives or Healing Lodges. At some institutions, we also observed a disconnect between Pathways and case management staff. Specifically, Pathways staff are not consulted in relation to correctional planning and case management decisions (as mentioned before, the sole focus appears to be security and risk management). Elders and staff can engage and provide teachings, but it is not clear how these interventions are considered in correctional planning and case management decisions. Some interviewees reported that participants deemed “engaged” will obtain good feedback from the ILO and Elder, but Parole Officers continue to assess them as high or even increased risk. As a result, they are not supported for Escorted Temporary Absences97 (ETAs), security reclassification, transfers to Healing Lodges, etc.98 97 Escorted Temporary Absences are used in corrections to facilitate the gradual and timely reintegration of federally sentenced individuals. ETAs are an opportunity for individuals to make connections in the community and to demonstrate their readiness for release. In the context of Pathways, ETAs are a required step before cascading to minimum security or being moved to Healing Lodges. ETAs can involve visiting loved ones and community supports or participating in cultural activities. One staff member explained how residents “often do an ETA to a Healing Lodge or minimum to participate in ceremonies and to have first hand knowledge of how it works.” In sum, the purpose of ETAs is to make progress on ones healing and correctional plans, and to prepare for gradual release back into the community. However, at the time of interviews, ETAs had been stalled (or altogether stopped) at many institutions for months due to the lingering impacts of COVID-19, and the absence of Elders and case management staff. As a result, Pathways residents could not make progress along the continuum of care. 98 It seems that this is especially the case for Lifers. Unreasonable Timeframes Policy requires that participants complete the Pathways Initiative within a given timeframe. As per GL 702-1100, section 15 (o): Ideally, a participant in Pathways would stay no longer than one year prior to movement to lower security (with the exception of lifers who may require a longer intervention). Many staff expressed frustration with the timeframes built into the Pathways model. One senior staff member explained, “It’s too fast to expect change in most inmates, sometimes they take steps backwards before they make progress.” Others described the timeframes built around what is essentially a healing path as “unrealistic” and “insensitive.” Virtually all interviewees agreed that the timeframe set out in the guidelines are too rigid and do not allow the time required to address trauma, or even to begin the healing journey. This is another example of CSC imposing its own timelines and targets on a process that requires flexibility, understanding, and patience. RECOMMENDATION 15 c. Developing clear and concrete Correctional Plan objectives that guide sentence planning for offenders serving sentences of 10 years to life, and providing more meaningful incentives to Indigenous Lifers (e.g., ETAs, lower-security transfers, and Healing Lodge placements). It bears noting that the impact of Elders extends beyond the walls of institutions and even the length of an inmate’s stay there. Many Elders reported that they offer ongoing support upon release to those in their circle of care. “We have our own sweat, but we don’t open it up just to everybody. It’s more of a family-based sweat because it’s at our home. What happens is mainly with the lifers, when they get out, then I give them our number, they can call us when they need someone to talk to, or just to check in and say, ‘Hey, I’m doing [this, or] I got a job or, you know, I’m doing this, I’m doing that.’ So, I created some links with the inmates that have been released or [are] in [a] healing lodge or halfway house.”
Disposition: Disclosed in part
Number of pages: 505