:
Thank you for the opportunity. My name is Deborah Richardson. I'm a member of the Pabineau First Nation from New Brunswick, and in my spare time I'm the acting regional director general of Indian Affairs, Ontario region. Here with me is my colleague, James Cutfeet.
James and I are the two leads for the Ontario region on the Pikangikum file. We're here to provide an overall update, communicate the community's priorities for change that the community has passed on and shared with us, and then to entertain questions from the committee.
The first nation's priorities for change in the community consist of electrification, school, water and waste water, and housing. They're also in the process of developing a community-driven action plan that will start to look at their health and social make-up within the community too. That's really driven from within the community, and they're developing strategies about how to engage the youth in terms of what their community looks like.
Pikangikum is a Government of Canada priority. Obviously, all of us are sitting here today wondering what has happened with Pikangikum and what's happening. We continue to work with the first nation and the elders. Just to give you some context, when you go into the community--and I know Roger Valley and other people who have been there can probably attest to this--it's really driven by the elders. You walk in and sit at a table like this, and all around the whole room are about 40 to 50 elders who are anywhere from their seventies to their early hundreds. It's just phenomenal the passion and the energy these elders have in terms of really wanting to drive this community forward and make it a better place for the people who live in Pikangikum.
I attended the community for three full days. Grand Chief Stan Beardy of the Nishnawbe Aski Nation and I have really been personally active on the file, and we spent three full days with representatives of Health Canada and the tribal council, working with the community to try to get the community engaged in an action plan and moving forward.
You'll see through this presentation that many of the elders were concerned that when media and different people talk about Pikangikum, they talk about the poverty and the hunger and the negative things about Pikangikum, not the really positive things. For example, even though their school is not adequate for that community, it's a top-notch program. There are fabulous teachers. They have a principal with a master's degree. They have excellent economic development opportunities. They have a huge forestry project that has the potential of employing over 300 people. They have six fly-in fishing camps. When people think about Pikangikum, I think it's very important to think about the positive things of Pikangikum. So we will stick with and honour that commitment that we made to the leadership.
We went in on December 14, and it was a real eye-opener for me. I don't know if you've ever been into a northern community, but you fly in. There's no other access except for winter road access in the winter. But there's a really good, positive energy within Pikangikum in terms of really wanting to make things better.
A delegation from the community also had the opportunity to meet with the parliamentary secretary, Rod Bruinooge, in Dryden on January 18, and there was an announcement. They're so passionate about their Whitefeather Forest project, and the government has invested significant dollars over the years in this project. There was another announcement of $560,000 for this project in Dryden.
Last week I spent some time with Minister Prentice, and he actually personally spoke on the phone to Chief Pascal from Pikangikum and committed to visiting the community on April 10. So that date's firm and set and we'll all be going in. I'm meeting with Pikangikum next week, and we're going to really make sure we have a solid presentation to present to the minister when he visits the community, and I think the parliamentary secretary is also going to be joining us on that trip.
Aside from all of those things, we've also been working really diligently with Pikangikum around their capital and infrastructure and energy and their funding and education aspects.
We've made significant announcements around Pikangikum and commitments in our long-term capital plan. We have budgeted for over $40 million over five years, which will put in their grid line and get power into the community, bring running water, and build a new school.
Just to give some context, without the electrification and the power, the other things can't happen. You can't connect the school without the power. You can't connect the water without the power. That's really a priority we have with Pikangikum and the tribal council right now, to really work hard with the Minister of Energy and the province and Hydro One Remote Communities in getting that power line up and running.
The first nation also hired an independent facilitator to support the community and to help in the development of this action plan and to coordinate with all of the different governments or agencies that need to be involved in these projects. So the first nation is doing that in terms of their capacity.
What I'm going to really strongly recommend to them is that they put out terms of reference for an independent individual engineer and project manager, because this is a huge amount of infrastructure that's going to happen within the next few years, so it is really key that they have somebody organizing and steering along this development. As I said, the adequate energy supply is absolutely paramount. Without energy you can't do any of the other projects that need to happen.
A real progress for us, for people within the department, was all the parties agreeing finally to connect Pikangikum to Ontario's power grid, with Hydro One operating the system. There was some debate about whether the first nation wanted to operate it themselves or whether they wanted to have a third party like Hydro One operate it. That was real progress, from our perspective. Since then, INAC staff have been in regular contact with Ontario's Ministry of Energy, highlighting issues connecting to off-grid diesel generation, because that's what they're operating on right now. Also, Pikangikum has been in contact with Ontario's Hydro One Networks to seek their support and assistance. It's quite complex connecting to a hydro line.
We've also approved $246,000 to work to restart the grid connection project as quickly as possible. The first nation has hired a consultant who was working on the project in the past. There was some work done over the last few years, so there are some poles, and some of the preliminary work and design work has been done. We're working on upgrading that design work to make sure that is going to work properly for that community.
In the meantime, their existing diesel generators weren't operating the way they should have been, so we made some commitments of up to $2 million in December around upgrading their diesel generators to make sure they have enough power until the power lines are able to go in. That work is under way. It is almost actually completed, but it's still a work-in-progress. It's estimated that, just for the grid connection, it will probably be another $14 million to actually connect the grid line.
Probably within a two-year timeframe the community will have power, which is really exciting stuff for them. You meet with the elders and that's what they talk about. Their dream is to have proper power, a proper school, and running water in that community.
In terms of the school, right now the school is really inadequate in terms of the facility, but in the programs there are dynamic teachers in that community and it is a vibrant place to visit. They have a really great shop class and they're teaching electrical skills to some of the high school students who are there. It's a really great program, but the facility is really inadequate. It's a real priority to get that school up and running concurrently. Out of the $40 million commitment, the school is a portion of that. What we've done is we've facilitated one of the major financial institutions to go into the community to talk about what financing might look like in order to accelerate some of these projects. We have long-term capital plan financial dollars committed over five years, but the community doesn't want to wait five years to have a school built. We need to look at other options to be able to facilitate that, so that when the hydro line comes up, the school will be built and it can be connected, and everything can happen simultaneously.
In terms of water and waste water, based on the power situation, it's impossible to get running water throughout that community right now. We've done some short-term repairs and upgrades to make sure that their existing water--they do have a water treatment plant, but the houses are not connected. There's a teacherage and a school that are connected. We provided $942,000 to repair the water points of entry. There are points of entry around the community from the water treatment plant, and the community members go to these points of entry and fill up their water containers to bring water back to their homes. So we worked on replacing a lot of those containers to make sure they're sanitary and on replacing all the points of entry for the water.
In terms of housing, what's really, really important right now for Pikangikum is that a capital planning study be prepared, because you can't just go and build houses anywhere. You need to plan where the new water treatment facilities will go, where the school is going to go, how the power lines are going to go. Right now they have terms of reference completed, and they've actually shared that with me, so we're going to be finalizing that next Tuesday in Sioux Lookout. Really, to get a capital planning study to talk about where all these things are going to go--where's the building going to go, how is it going to work--is really key in terms of future housing.
We have made commitments. We provide a minor capital allocation to the community so that they can build roads and houses, or whatever they see fit, within their community. They can use up to $660,000 a year for housing. Recently as well there's been a loan to the first nation from CMHC to build some additional housing. There is serious overcrowding within that community. Their living conditions are unacceptable, so we need to work diligently in making sure that there is power and water and adequate shelter for the members of Pikangikum. The annualized capital funding that we do provide to the community is $1.34 million for capital work. I just want to share that as well.
I think that's basically it in terms of the technical work. As you can see, we've been working like crazy for the last two months making sure this is addressed.
I just want to share that I haven't spent a lot of time in the department, but I'm really quite overwhelmed and pleased by how, from the minister to the deputy minister to the receptionists who work within the department, everybody is really committed to improving the quality of life for the members of Pikangikum. It's the government and all of you sitting at the table as well. I'm really, really pleased as a first nations person to see that the Government of Canada is standing up and paying attention to the community members who live in Pikangikum.
I'd like to thank you very much for your time, and if you have any questions, please feel free.
Cut me off early, because I'd like to share my time with Anita Neville.
I'm impressed with your enthusiasm. It's very nice to see. I'll have to say I'm shocked that you spent three days in the community--that's quite a commitment. I'm glad to hear you don't spend a lot of time in the department, because you need to be out in the communities. In our conversations outside this room, that's what I encourage everyone to do, to make sure they get in and visit communities.
I have three questions. Maybe I'll lump them all together. You've touched on them. First of all, I'm going to go back to the comment you made about the elders. The strength in any community is the elders. The support I have in the communities is the number of elders I actually get out to see at meetings or who visit me at the airport when I'm leaving. So I understand that totally, and it's absolutely correct. Pikangikum has tremendous resources and tremendous capacity in its elders, and it really needs to use those. Continuity in any community, whether it's Toronto or Pikangikum.... You need continuity.
I believe you've touched slightly on how you're going to move forward if there are changes in administration, how you keep the ball moving forward.
As to my three questions--I'll be quick because my time is short--on electrification, you mentioned two years. That's a long time. I know part of the line was already built. Maybe there's some difficulty with the delays we've had, but two years is too long. So I want to know what date we're actually going to start putting something in the ground. I know you have concerns because there are other professionals you have to deal with.
On the school, I think the minister's going up on April 10. It's the perfect time for him to tell what day we're going to dig the hole for that school.
On the waste water, I'm very happy to hear you have containers because that's one of the things I mentioned to the minister when this issue first broke. He needed to deal with some of the containers being used in that community, because I've seen them personally. I'm very glad to hear that. It's very positive. So I'm thankful for that.
On the points of entry and the $942,000, would you clarify that it's strictly to deal with where they can go to pick up water around the community? I visited all those sites when I was up there.
If you could tell me or the committee how we're going to make a plan to hook up these homes, which is a huge job.... There are roughly 400 homes there. How are you going to hook up those 400 homes? What plan is in place for that? It's a major job.
I think we've discussed ad nauseam the problems that were perceived to be there. Anything can be done if it's just a matter of putting resources to it in that community.
I know that's a lot in a very short time, but I'd like to give the last couple of minutes to Anita Neville. If you could, help me out as much as you can.
As the last thing--because I won't get a chance to speak again--I thank you for your commitment to the community, but we have to stay at it and we have to stay in the community. I want to personally thank you for that.
:
Thank you, Mr. Chairman.
[Translation]
I will begin my comments in French.
[English]
I'll finish them in English. Whether I can do it in under 10 minutes is a daunting proposition, but I will certainly do my best.
[Translation]
On behalf of Correctional Service Canada, I would like to thank the committee for the opportunity to respond to the findings and recommendations related to aboriginal offenders contained in the Correctional Investigator's 2005-06 Annual Report.
Correctional Service Canada, CSC, has long acknowledged the issue of aboriginal over-representation in the federal correctional system, now at 17% of the total federal offender population compared to 2.7% of the Canadian adult population. Aboriginals currently represent 19% of incarcerated offenders and 14% of those on some form of supervised release in communities.
My focus today will be on CSC's response to this over-representation.
In doing so, I must acknowledge the contributions of national aboriginal organizations, aboriginal staff and elders and communities over the past 10 years as CSC has developed innovative new approaches that are making a difference for aboriginal offenders.
Let me begin with the 1996 report of the Royal Commission on Aboriginal Peoples. Their report stated that the over-representation of Aboriginals in Canada's prisons was only one part of the problem—that it was, in fact, only the end point of a series of decisions by those with decision-making power in the criminal justice system.
The commission also cited over-representation as a key indicator of the government's failure to address long-standing systemic issues including socio-economic deprivation and marginalization in Canadian society. The impacts of these societal issues on individual offenders must be dealt with when they arrive in CSC.
An amendment to the Criminal Code introduced a requirement for judges to consider alternatives to incarceration in sentencing aboriginal offenders.
The Supreme Court of Canada clarified application of these provisions in their 1999 decision in R. v. Gladue, including:
In sentencing an aboriginal offender, the judge must consider: (A) The unique systemic or background factors which may have played a part in bringing the particular aboriginal offender before the courts; and (B) The types of sentencing procedures and sanctions which may be appropriate in the circumstances for the offender because of his or her particular aboriginal heritage or connection.
If there is no alternative to incarceration the length of the term must be carefully considered.
Generally, the Gladue decision appears to have had a positive impact. Since 2001-02, after more than 10 years of steady increases, the proportion of aboriginal offenders in the incarcerated population has remained relatively stable in the last five years.
Moreover, the profile of aboriginal offenders admitted from the courts reflects a “hardening” in this population. This suggests that alternative measures and diversion programs are being used for those with less serious offences.
Those sentenced to federal custody are those for whom no alternatives are considered appropriate—often given a myriad of long-standing social dysfunction issues for the individual.
Those who arrive on the doorstep of our institutions are now younger, with more extensive criminal histories, histories of violence that are often associated with substance abuse, histories of mental health problems, and more and more frequently with gang affiliations.
Within the criminal justice system, provincial and territorial governments have exclusive responsibility for the administration of sentences of less than two years, offenders sentenced to probation, as well as for young offenders. Adult offenders, sentenced to two or more years, are sent to a federal penitentiary.
The Correctional Service Canada mandate, contained in Part I of the Corrections and Conditional Release Act 1992, is:
—to contribute to the maintenance of a just, peaceful and safe society by carrying out sentences imposed by courts through the safe and humane custody and supervision of offenders, and assisting in the rehabilitation of offenders and their reintegration into the community as law-abiding citizens through the provision of programs in penitentiaries and in the community.
The legislation prescribes specific processes and procedures for correctional operations and requires that public safety be the paramount consideration in all decision-making throughout the sentence. The legislation also includes provisions to protect individual rights while providing internal redress mechanisms for offenders to address any decisions or actions that they feel are unfair. The correctional investigator plays a role in providing oversight to these processes.
Part II of the CCRA specifies eligibility dates and criteria for decision-making for various types of conditional release. All conditional release decisions are made by the National Parole Board, an independent decision-making body within the public safety portfolio.
[English]
While numbers change day to day, CSC currently manages approximately 21,100 offenders, including 12,700 offenders in 58 institutions across the country and 8,400 offenders serving the remainder of their sentences under the supervision of parole officers located in 71 communities across the country. Of the 3,514 aboriginal offenders under CSC jurisdiction as of the end of March 2006, 2,373 were incarcerated and 1,141 were under some form of conditional release in the community. First nations generally formed the majority of the federal aboriginal population at 68%, while Métis account for 28%, and Inuit comprise the remaining 4%. Overrepresentation in the prairie and Pacific regions, which hold the vast majority of aboriginal offenders, reflects the result of higher crime rates in the west and the north.
As the only federal organization responsible for the day-to-day care and custody of a segment of the aboriginal Canadian population, our challenge has been to find ways to bridge the divide between the legislative requirements of the CCRA and aboriginal methods of justice and reconciliation. CSC uses actuarial assessment tools across the full continuum of an offender's sentence. These tools have been subject to allegations that they are culturally inappropriate. However, in a Federal Court decision on January 12, 2007, in which an aboriginal offender alleged racial discrimination in the application of these tools, the court indicated that, in this matter, the assessment tools distinguish between inmates not on the basis of race, but largely on the basis of the inmate's past course of conduct. The court dismissed the offender's application.
Given their more extensive criminal histories and histories of violence, it's not surprising that aboriginal offenders are more frequently classified at higher security levels when they arrive at CSC. In 2005-06, for example, 70% of aboriginal offenders admitted to the Correctional Service of Canada from the courts were serving a sentence for a violent offence, compared to 54% of non-aboriginal offenders.
Once an initial risk and needs assessment is completed, the question becomes one of how to address those factors that place aboriginal offenders at higher risk to reoffend. Community-based research has demonstrated that reconnection with culture, family, and community were key factors in the safe reintegration of aboriginal offenders.
Representatives of national aboriginal organizations and aboriginal stakeholders engaged with CSC, beginning in fiscal year 2001, to address alternative approaches. The resulting aboriginal corrections continuum of care model, developed with the guidance of aboriginal offenders, was adopted by CSC in 2003. The model embodies research findings that culture, teachings, and ceremony—core aspects of aboriginal identity—appear to be critical to the healing process.
In April 2006, CSC issued policies integrating aboriginal considerations throughout case management processes. Cultural awareness training for non-aboriginal staff has been developed and is currently being evaluated. The first priority will be delivery to all CSC parole officers.
I simply want to list the major elements within the continuum of care model. To begin with, elders and aboriginal liaison officers are engaged in the intake assessment process. Elders—and there are 74 now working for the Correctional Service of Canada, in our institutions—become part of the case management team for those offenders who choose to follow a healing path. Pathways healing units have been established—including one at a female offender institution—to provide a culturally appropriate environment that will support offenders on a healing journey.
Seven new aboriginal-specific correctional programs, designed with aboriginal stakeholders for delivery by aboriginal staff, are in varying stages of implementation and evaluation. These programs target violence prevention and substance abuse, key areas that place aboriginal offenders at higher risk to reoffend.
Eight aboriginal healing lodges, seven minimum security facilities for men, and one multi-level facility for women operate under formal agreements with local aboriginal communities and organizations.
Finally, aboriginal community development officers are engaging increased numbers of aboriginal communities in release planning and preparation for the return of offenders to their communities.
CSC is proud of the progress that has been made in these new programs and approaches. For example, a preliminary evaluation, in 2005, of the high-intensity violence prevention program for men, called “In Search of Your Warrior”, demonstrated that a large proportion of participants were successful in the community on release. Significantly smaller proportions of the participants were readmitted for new violent offences—7%, versus 57% for a comparison group that did not participate in the program.
Most recently, the expert committee on the ten-year status report on women's corrections cited that the Okimaw Ohci Healing Lodge for women serves as a “benchmark to demonstrate the extent to which collaboration with key community Stakeholders can translate into concrete action”.
Results from these initiatives appear to be impacting on the representation of aboriginal offenders in the population under supervision, with a slight increase from 12% in fiscal year 2000 to 14% in the community in fiscal year 2005, and this notwithstanding the hardening of the offender population. During the same time, the rate for violent reoffending while under supervision has gone down, from 5.6% in fiscal year 2001 to 3.6% in fiscal year 2005.
The correctional investigator also recommended that CSC significantly improve the overall rate of its aboriginal workforce. In that regard, CSC is currently the second-largest federal employer of aboriginal people, at 6.7% of all CSC employees, compared to a labour market availability rate of 4.7%. Their representation is highest in the two occupational groups working directly with aboriginal offenders—9.3% of all correctional officers and 7.7% of parole and program delivery staff. We nonetheless acknowledge the need to enhance recruitment, development, and retention of aboriginal employees.
In closing, while data on the representation of aboriginal offenders provides us with important indicators of where we need to look for change in corrections, further research and evaluation will inform us on the effectiveness of individual initiatives. CSC still faces many significant challenges and needs to build on the learning of the last five years.
This is an ongoing journey. Our “Strategic Plan for Aboriginal Corrections”, which was released in October 2006, builds on that learning and articulates a vision for the next five years, to ensure a federal correctional system that is responsive to the needs of aboriginal offenders and contributes to safe and healthy communities. CSC will continue to partner with national, regional, and local aboriginal organizations and communities to develop solutions that respect aboriginal community priorities, needs, and capacities.
Thank you for your patience.
:
I have a comment, Mr. Marston.
I would echo what was pointed out before. If you had 25 researchers in a room here and asked for a definition of systemic discrimination, you'd probably get quite a range of answers.
Perhaps I could try to give you a real example. If you ask me the question, are there a number of aboriginal inmates being admitted to maximum security more so than non-aboriginal, I would say to you, yes, absolutely. Some people might interpret that, if they were one of those people in the room, as “There you go, there it is, systemic discrimination”. Our response to that continues to be that we look at the risk factors associated with the manageability of that particular individual, regardless of race, more specifically relative to their criminal activity and those criminogenic factors.
Aboriginal people, unfortunately, do have higher rates of substance abuse, higher rates of employment difficulties, higher rates of all the factors associated with that. I mentioned before the high violence rate, so yes, from an absolutely pure public safety standpoint, in order to make sure our measurability of public safety and of safety for our staff and inmates within an institution...those who come to us with violent tendencies tend to be incarcerated more once we look at the whole picture.
So that's the endless debate about systemic discrimination. There's much more beyond the numbers than just a statement, and I think that's why we often talk about those particular elements relative to risk, relative to race.
You asked a question about the actuarial tools, and I think Mr. Demers talked about that. Why are we looking at these? As part of our normal process, what we're interested in at Correctional Service of Canada is what works. We're interested in results. What gives us good public safety results? We continuously look at our programs. We continuously accredit our programs. Tools change.
We talked in our opening comments about the changing offender profile. Fifteen years ago, if we were sitting here having a conversation, we wouldn't be talking very much about gangs. Fifteen years ago, if we were sitting here talking, we wouldn't be talking about mental health.
It's changed dramatically. Our response inside has to keep up so that we continuously review, and we will continuously review, in perpetuity, our tools, and hence a responsivity for anything to do with classification, with reclassification in terms of its validity. These are research-based tools. These aren't elements pulled out of a hat.
Similarly, as Mr. Demers pointed out, the end releaseability of inmates is a function of the National Parole Board. Our job is to prepare the inmates for release, to manage the risk, and to make our presentations to that particular group.