|
The introduction of more harsh and mandatory
sentences is already exacting significant human, social and fiscal cost, in
addition to off-loading of responsibility for the marginalized, victimized, criminalized
and institutionalized onto families, communities, provinces and territories without
the requisite resources to address the growing needs occasioned by this increased
reliance on our criminal justice system. Crime bills are promoted as in the
interests of public safety, yet they are not only not going to make Canadians
more safe, they also come with a price tag that could bankrupt Canada.
Personal security is a necessary pre-determinate to well-being and
productivity. Although there are signs that some forms of violence against
women are decreasing, women are still far more likely than men to be victims of
sexual violence, family violence, and intimate-partner violence.[1] Women
are four times as likely to be killed by their spouse as are men.[2] 83% of the reported victims of spousal violence are female
and estimates suggest that as many as 70% of incidents of spousal violence are
never reported.[3] Girls in Canada are also at high risk of violence.
According to police-reported data, over half (59%) of sexual assault victims
were under the age of eighteen, and 82% of those child sexual assault victims
[4]
Levels of violence against women
vary significantly across different groups and regions, with Aboriginal women
being disproportionately subject to violence. At least three out of four
Aboriginal women has been the victim of violence at the hands of men in their
own homes. The mortality rate for this type of violence is three times greater
for Aboriginal women than non-Aboriginal women overall and five times greater
for Aboriginal women aged 25 to 44 compared to their non-Aboriginal peers.[5] Other groups who are disproportionately subject to
violence include: women with disabilities, criminalized and imprisoned women,
single women over 65, and women living in poverty.
Ending violence against women will
provide multiple social and economic benefits by providing for increased
security and productivity for women in Canada. Moreover, increasing women’s
access to employment, closing the wage gap, and providing sufficient support to
women living below the LICO will not only increase their economic security but
will contribute to lowering rates of violence.
The World Health Organization and other national health agencies,
including Health Canada and the Center for Disease Control have demonstrated
that domestic violence alone has a significant impact on the economy.[6] The Centre for Disease
Control estimates that in the United States “the costs of intimate partner
rape, physical assault, and stalking exceed $5.8 billion each year.”[7] The equivalent percentage
of Canadian GDP would suggest an annual cost in 2010 of $766,749,244.
With such high levels of gender-based violence targeting women, it
is not surprising that there is increased support amongst women for policies
that address violent crime. However, the current Government’s “Truth in
Sentencing Act” appears to address a problem that isn’t there. Research
demonstrates that sentencing rates have changed little over the past decade.[8] The legislation will impact
the economy more than sentencing practices. The Parliamentary Budget Office
estimates that the Truth in Sentencing Act will double the cost of the penal
system over five years – to $9.5 billion—and will require an additional $1.8
billion for the cost of constructing new prisons.[9]
Recommendation: That the federal
government exercise its spending power in accordance with Canadian human rights
and Charter protections by introducing national standards (recognizing flexible
federalism) regarding the provision of a guaranteed livable income, social
programs, as well as health care and educational services.
Increased incarceration levels have failed to address the root
causes of levels of violence against women. Women’s economic status is chief
amongst these causes. The earned income gap between men and women in Canada is
among the highest amongst OECD countries, with women earning an average income
of $31,949, compared to $51,043 for men.[10] The percentage of women in Canada living below the After-Tax Low-Income Cut
Off (LICO) is higher than that of the general population, and is significantly
higher for Aboriginal women, women with disabilities and racialized women.[11]
LICO rates for female single-parent families are three times that of male
[12]
Poverty not only contributes to the vulnerability of women to
violence, it also contributes to the incarceration of women. 80% of women are
imprisoned for economic related crimes and the vast majority of property crimes
for which women are charged involve either fraud or theft under $5,000.[13]
Increased incarceration levels have also contributed to the
criminalization of women who are survivors of violence. [14]
Women protecting themselves against assault or unwanted sexual advances while
in the sex trade are among the 9% of federally sentenced women serving
sentences for homicide.[15] Prior to
incarceration, 80% of federally sentenced women had experienced physical abuse
and 53% had experienced sexual abuse, the incidence is over 90% for Aboriginal
women alone.[16]
Once inside prison, women are subjected to further physical, sexual
and psychological abuse at the hands of the state. On October 19, 2007, 19 year
old Ashley Smith was found dead in her segregation cell. Five staff members watched
her die. They asserted that they were following orders not to enter her cell
unless she stopped breathing.[17]
The 1996 Commission of Inquiry, the 2004 report of the Canadian Human Rights Commission, the Office of the Correctional
Investigator, the Task Force on Federally Sentenced Women and many previous
reports and Commissions of Inquiry, including reports of the Auditor General
and the Parliamentary Committee on Justice and Human Rights [as it then was] and
the Public Accounts Committee, have called for increased accountability within
corrections and between the Correctional Service of Canada and other external
bodies.
CAEFS strongly supports the Canadian Human Rights
Commission’s proposal for independent monitoring and accountability mechanisms.
Now, more than ever, we see that many recognize the vital need for an
independent body to monitor the adherence to principles of justice, fairness
and the rule of law by the Correctional Service of Canada.
Recommendation: That the federal
government repeal sub-section 77(b) of the CCRA fund an independent National
Women's Governance Committee, co-chaired by Strength in Sisterhood (SIS), the
Native Women’s Association of Canada (NWAC) and the Canadian Association of
Elizabeth Fry Societies (CAEFS), to monitor the imprisonment of federally
sentenced women in accordance with domestic law and international agreements;
should be repealed and replaced by a new s. 77(b) that establishes the National
Women's Governance Committee, mandated to enter women's prisons and monitor and
report on adherence [or lack thereof] to the Charter, human rights, and
Canada’s international obligations, and have the power to refer matters to
court when correctional 'treatment' amounts to correctional interference with a
sentence; and issue public annual reports to Parliament.
The cost of imprisoning a woman in a federal prison is estimated by
Corrections to average $175,000 per year and can be higher than $500,000 per
year for women kept in the most isolated and segregated conditions of
confinement, such as the segregated maximum security units in the prisons for
women.
Many women in prison are mothers, the majority of whom were sole-support
parents before prison. When a mother is incarcerated, her children can also
face emotional and psychological trauma from the separation. Too often they end
up in child welfare systems that do not have adequate resources to fully
address their needs, exacting further human, social and economic costs on the
children and their communities.[18]
The recidivism rate for federally sentenced women is approximately
21%, as compared to 59% for men.[19] Only 1-2% of
federally sentenced women are returned to prison as the result of the
commission of new crimes; and less than 0.5% are for a violent offence.[20] The overwhelming majority represent women who have their parole revoked as a
result of administrative breaches of conditions of their community release.
Recommendation: The current American style
of longer and more brutal sentences are already causing massive overcrowding of
Canadian prisons for women. U.S. States are reversing these decisions because
of human rights violations and because they are going bankrupt. In order to prevent more people, especially women and children,
from being marginalized, victimized, criminalized, and imprisoned, we urge the
Committee to recommend that the Omnibus crime bill not be tabled or passed;
and, ensure tax dollars are spent instead on public housing, child care, pensions,
health care (including mental health), public education, services for victims
and other social services.
|